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HomeMy WebLinkAboutWZ-09-03LAND SURVEY PLAT A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE % NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO mevc i w°i'"~isrlawmkmxa wfor mm" or jrwm L Wil Q 0a &~Or1U1H7 °Fi mi, to e~or°FO e i k ~ m m. WEST 44th AVENUE x MwM a x 1oMr L Q x M0lM I/A AIL x ML11M a x +alM or x L1R 1 w x 1~ v 11 Ti I ►T m~ ' L'M~,,,~~ wwI~FF N RAT M PME~bI~ E x PLAT MOMI 1t OE MIO T AT TMOC ma ~i /01C! tt Mb OfBi TIMT !AR M mod[ 1dS INLi.r or ~ 01.911 rm 71 ~I ~ x M7101 In MT j% Mw= m OL metro . Illo O1MD M IIOT rO r l 1~ NR 1o iar TIAM®► IAO ALM7 MNOLO nAws LBIDOI PoRADIL a w IMM M M ALAMm A11011II >L 1~ AT ~ql MAd 101!000 m A ~ ~ ~ ■iAMLI I ~ ~ =Z AM IL Abi®0® W1 IMP AT I@OI MIIlM 130M m tQAgin LAD'L WRIT AasFLIPDIL 7A70[ OT IAAANa0. AAO pp PY~r! 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MR AIL EMT PM I a uum rm uw Y111T7 nO I e I LD➢ ~ a`"""`"`"' 108 -~Al~ T 01101 IAM !0110[ fAOM1T f 1M11 0+ tM 1' NL 9~ OIafAD IIIL7Y 16 I ILR Lle 7 166.1 Imm" Pte` - ^ '"IM J I 6LY4 OF R711Mq U 11E !470tH LNE OF 71E K 1 4 OF LEC161fi m0 m ffwomuU PER MUM A}Q 01006 OQ PrFD W PLAT am 106 PAGE 10 -formommum UR,p ~g am" % 1r AM - OW .7 11 s City of WheatR dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building August 31, 2009 Mike Pharo 7777 S. Depew St. Littleton, CO 80128 Dear Mike: 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of August 24, 2009, City Council made a motion for approval of Case No. WZ-09- 03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located at 11808 West 44th Avenue; however, the motion to approve failed. Therefore, the request is DENIED. Enclosed is a copy of the minutes stating the Council's decision. Should you decide to appeal the decision of City Council, you will need to file the appeal with the Jefferson County district court within 30 days of Council's decision. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosure: Draft of Minutes cc: Hari Sach 11808 W. 44d' Ave. Wheat Ridge, CO 80033 WZ-09-03 (case file) WZ0903.doc www.ci.wheatridge.co.us CITY COUNCIL MINUTES: August 24, 2009 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 16-2009 - An Ordinance providing for a zone change from C-1, Commercial-One, and C-1, Commercial-One with use restrictions, to Planned 1'r Commercial Development and for approval of an Outline Development Plan on property located at 11808 West 44th Avenue, Wheat Ridge, Colorado. (Case No. WZ-09-03 - RV America) Mayor DiTullio opened the public hearing. Council Bill 16-2009 was introduced on second reading by Council Member , AS Langworthy. City Clerk Michael Snow assigned Ordinance No. 1447. Mrs. Reckert presented the staff report. Mrs. Reckert entered into record three letters of protest submitted by owners of plots adjacent to the property in question (amended to this packet) and declared that these letters do provide for sufficient Legal Protest of the requested rezoning. Thus, this rezoning will require a 3/4 vote of approval by the Council. Mike Pharoh, representing the owner and applicant, RV America, believes the planned CDOT changes to the area and the potential economic impacts to the marketability of the property are a critical consideration in the benefits of this proposed rezoning. To this point, he emphasized that the Recreation Vehicle market has been hit hard by economy and if the RV America Company fails in this location, the current zoning of the property is not conducive to any other uses. Diane Tippon lives South and adjacent to this property and is opposed to the proposed rezoning. She doesn't believe the area has the potential or means to be a strong future retail section of the City, but would be better planned for future residential and recreational development that utilizes the open space and Clear Creek Trail system behind the property. Mrs. Tippon also believes this rezoning and potential for expanded retail and commercial development will only decrease the value of the residential properties already there. Ron Markow is opposed to this rezoning and would rather it be rezoned back to A-1 as it once was. He believes the proposed rezoning threatens the prized rural atmosphere of the community. Janice Thompson believes the rezoning to C-1 years ago was a mistake in that it interferes with a significant residential area and the planned uses in the Comprehensive Plan. Because of this, she believes all consideration should go to the impacts of the residential neighborhood. Issues of traffic, trash, noise, mountain views, landscaping appearance and particular commercial uses such as Restaurants or Hotels should be considered for their impact to the residential area. The Council needs to show that it cares as much for its existing residents as it does for its current and potential business owners. She requested that the Council show they respect home values, the owners' quality of life and the worth of the Clear Creek Open Space in the community by voting No on this proposal. CITY COUNCIL MINUTES: August 24, 2009 Page -5- Margie Brown lives on Tabor Street and recognizes the benefit of a rezoning to the commercial property owner, but all the residential properties adjoining it would lose value. Mayor DiTullio closed the public hearing. Mayor called for a five-minute recess at 9:00; resuming at 9:08pm. Motion by Mrs. Langworthy to approve Council Bill 16-2009 (Ordinance 1447) for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the 1-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of the request. With the following condition: Use number 34 (hotels and motels) be eliminated from the list of permitted land uses; Seconded by Mrs. Rotola; failed 6-2 with Council Members Berry and Adams voting Yes. Motion by Mr. Gokey to hear Agenda Item 6 next; seconded by Mrs. Sang; carried 8-0. 6. Council Bill 23-2009 - An Ordinance approving a Gas and Electric Utility Franchise with Public Service Company of Colorado, such Franchise conditioned on Voter approval of the same. Mayor DiTullio opened the public hearing. Council Bill 23-2009 was introduced on second reading by Council Member Sang. City Clerk Michael Snow assigned Ordinance No. 1451. Mr. Dahl presented the staff report. Mr. Snow pointed out that though the Franchise is with PSCo, this is not different from the Utility Services from Xcel Energy. With respect to this Franchise with the City of Wheat Ridge, PSCo and Xcel Energy are essentially the same. Rob Osborn of Xcel Energy was present to speak on behalf of the Public Service Company of Colorado and encouraged the Council to approve the proposed Franchise. Mr. Osborn highlighted that the City will benefit from a 3% Franchise fee with this Franchise in place. Mr. Bever has received the numerous notifications and read the proposed Franchise. However, he does not believe it explains exactly what it means. Mr. Dahl explained that such a Franchise is required for a public utility company such as Xcel Energy (PSCo) to provide those services to the City. Our existing utility services today are all operated under the similar Franchise that was put in place by the voters in 1989. This Ordinance refers to the Voters of Wheat Ridge the approval to renew the Case No. WZ-09-03 RVAmerica Zone change from C-1 and C-l with use restrictions to Planned Commercial Development (PCD) and approval of an Outline Development Planon property located at 11808 W. 44th Avenue City Council August 24, 2009 LAND SURVEY PLAT A PART OF LOT u, LEES sue01YSICN BEING IN THE SE 14. NE 16, SEC. 20, ids, R69W OF THE 6TH P.H. CITY OF MEAT RI GE, CO' " OF JEFFERSON. STATE OF COLORADO 1 p r pppp 1~1 ./T. L 3 7~ ~ ~ 9tl yv I. { ~ G M 3{ J 3 , j rv.r_r wecy. l I 9 I i . 3 Neighborhood meeting • Held on March 18, 2009 • Seven people in attendance • Discussion about proposed increase in uses, impact on Tabor Street and proposed CDOT improvements 6 Agency referrals AFPD: Addt'l looped water lines and hydrants. May need access from Tabor upon development. CDOT: Would like unnecessary accesses to 4411' closed. Valley Water: Addt'l looped water lines, hydrants and taps may be required. Also plat with 30' easement. Xcel Energy: Can serve. WR Police: No concerns with traffic or crime. Agency referrals continued WR Economic Dev: Supports approval of zone change. Appropriate to allow market to dictate dev. pattern. WR Public Works: Requesting 20' r-o-w reservation for Tabor for length of property. Requested notes be added to ODP document. Access points to 44th and Tabor will be analyzed at time of specific ODP with traffic analysis. WRUA: Concluded zone change is inconsistent with current plan. Ramp relocation will impact the area making additional commercial uses a more viable option. 7 IA ~ 777 maa <e p a.o-aa 8 i 1 Y~ li WEST $9,,TWA 1 aD3ezT HXHH➢TT 6 9 Staff Conclusions • Changing conditions in the area due to ramp relocation which support zone change. • While inconsistent with rear designation on Comp plan, existing conditions in place since 1993 were not reflected. • Will be economic benefits with zone change. • All agencies can serve property with upgrades. • Traffic impacts, drainage and compatibility will be assessed at specific ODP stage. • ASDM compliance will be assessed at specific ODP stage. Planning Commission Action • Recommended approval with conditions at a public hearing held on June 18, 2009. 10 With the following conditions: • Drive through uses be limited to Development Area A (done) • Use 26 be modified to allow outside display and storage (done) • Use 55 be eliminated (done) • Note be added re. access points (done) • PW notes be added (done pending status of Tabor Street reservation) • Use 34 (hotels/motels) be eliminated (not done) 11 City of Wheatldge ITEM NO: Q REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 24, 2009 TITLE: COUNCIL BILL NO. 16-2009 - AN ORDINANCE PROVIDING FOR A ZONE CHANGE FROM C-1, COMMERCIAL-ONE, AND C-19 COMMERCIAL-ONE WITH USE RESTRICTIONS TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11808 W. 44TH AVENUE (CASE NO. WZ-09-03/RV AMERICA) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (07/13/09) ® ORDINANCES FOR 2ND READING (08/24/09) ❑ NO 1ex~ City Man er The applicant requests approval of a zone change from C-1, and C-1 with use restrictions, to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (ODP) for property located at 11808 W. 446' Avenue. Because the applicant does not have a specific development scenario, the case is being processed with a "non-specific" ODP which establishes just permitted land uses and development standards. A future "specific" ODP will be required when an application for site development is proposed, requiring additional public hearings in front of the Planning Commission and City Council. No physical changes are proposed for the property at this time. Planning Commission reviewed this request and recommended approval with conditions at a public hearing held on June 18, 2009. EXECUTIVE SUMMARY: Council Action Item August 24, 2009 Page 2 COMMISSION/BOARD RECOMMENDATION: This case was reviewed by Planning Commission at a public hearing held on June 18, 2009. A recommendation of approval with conditions was given for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of the request. With the following conditions: 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area "A". 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 5. Notes be added in conformance with item four of the Public Works comments dated May 4, 2009. 6. Use number 34 (hotels and motels) be eliminated from the list of permitted land uses. There were five area residents who spoke at the Planning Commission public hearing regarding this case. With regard to the Planning Commission's recommended conditions of approval, the applicant has done the following to the ODP document: 1. A note has been added to the graphic portion of the ODP specifying that drive-through uses are limited to Development Area "A". 2. Use number 26 (garden supply stores) has been modified to allow outside display and storage. 3. Use number 55 (self storage) has been removed from the list of permitted land uses. 4. The following note has been added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 5. Two of the recommended Public Works notes have been included. Those notes relate to restricting permanent structures in the right-of-way reservation area and the timing of the future right-of-way dedication. The third note relates to construction of improvements for the entire frontage of Tabor. If City Council approves the ODP as submitted with the reservation half-way down the property line, this note is not necessary. If City Council requires the full length dedication, the third note should be added. See discussion below. 6. The applicant has chosen not to eliminate use number 34 (hotels and motels) from the list of permitted land uses. Council Action Item August 24, 2009 Page 3 STATEMENT OF THE ISSUES: The property is 3.5 acres in size and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast corner of the property being utilized as a sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. In 1993, City Council approved a zone change for the property from RC, Restricted Commercial, and A-1, Agriculture-One, to C-1. The zoning approval was heavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 44th and use restrictions on the rear portion of the property. The front portion of the property has unrestricted Commercial-One zoning but the rear portion is restricted to RV storage only. The I-70 on/off ramps are being relocated from the current location east of Ward Road roughly 1000 feet to the east. The new ramps will tie into the north side of W. 44`x' Avenue across from the western boundary line of the subject land. This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear of the parcel would allow a currently underutilized commercial property to be developed into a tax generating property. The property lies adjacent to the boundary of the Fruitdale Subarea Plan. While it is adjacent to a commercial node, specific land use designation shows commercial on the northern two thirds and single family on the southern one third. It is reflected this way on the City's 2001 Comprehensive Plan Future Land Use Map. The property is also located within the W. 44th Avenue/Ward Road redevelopment area. The Urban Renewal Plan identifies desirable land use as community commercial on the front and residential on the rear. None of these documents acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. While the proposal is inconsistent with the residential designation on the rear, there are changed conditions which support approval of the planned development zoning. The proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business". The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. Specific utility requirements will be addressed at the time of specific ODP. Tabor Street abutting the property is only 20 feet wide. Public Works has requested a 20-foot right-of- way reservation to accommodate future traffic improvements to Tabor Street along the entire length of the property. The ODP document, as presented to Planning Commission, showed the reservation halfway down instead of the entire length of the property. It was the applicant's intent to accommodate a new access point on Tabor for which the widening would be necessary, but to maintain the "country lane" feel, where it is adjacent to low density development (southern half of the property). Public Works feels strongly that the 20-foot right-of-way reservation should be extended to the southern boundary of the subject property to accommodate future widening of Tabor. In the Planning Commission staff report, Staff included a recommended condition supporting Public Works' position that the reservation extend to the full length of the parcel. Planning Commission chose not to include this condition. Council Action Item August 24, 2009 Page 4 The Planning Commission staff report and minutes have been attached for additional background on this application. ~ :~S4 ALTERNATIVES CONSIDERED: l'f 1 Approve request. w~ e 2. Do not approve request. i C FINANCIAL IMPACT: One-time fees for the zone change were submitted with the application. A future application for specific ODP will require a new application and processing fees. RECOMMENDED MOTION: The following motion is consistent with the Planning Commission recommendation. "I move to approve Council Bill No. 16-2009, Case No. WZ-09-03, a request for approval of a zone change from Commercial-One and Commercial-One with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan on property located at 11808 W. 440 Avenue, on second reading, and that it take effect 15 days after publication for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of the request. With the following condition: 1. Use number 34 (hotels and motels) be eliminated from the list of permitted land uses." Or, "I move to table indefinitely Council Bill No. 16-2009 for the following reason( Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 16-2009 2. Planning Commission report with attachments 3. Planning Commission minutes 4. ODP document INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 16 Ordinance No. Series of 2009 TITLE: AN ORDINANCE PROVIDING FOR A ZONE CHANGE FROM C-1, COMMERCIAL-ONE, AND C-1, COMMERCIAL-ONE, WITH USE RESTRICTIONS TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 11808 W. 44TH AVENUE. (CASE NO. WZ-09-031RV AMERICA) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change from C-1, Commercial-One, and C-1, Commercial-One, with use restrictions to Planned Commercial Development and approval of an Outline Development Plan on property located at 11808 W. 44th Avenue and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change to Planned Commercial Development and an Outline Development Plan are approved for the following described land: THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89009'1 8"W. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89009'1 8"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00°50'42"W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING; ATTACHMENT 1 THENCE S89°23'27"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86°48'38' W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00°24'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N89°13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TABOR STREET; THENCE S00°24'47"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. Section 2. Vested Property Rights. Approval of this amendment to a Planned Commercial Development Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of July, 2009, 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 Monday, August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 15t publication: July 16, 2009 2nd publication: Wheat Ridge Transcript Effective Date: City of WheatR,,dge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: M. Reckert June 18, 2009 WZ-09-03/Mike Pharo for Hari Sach (RV America) Approval of a zone change from C-] and C-1 with conditions to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: 11808 W. 44a' Avenue Hari Sachanandani 3.5 acres PRESENT ZONING: Unrestricted C-1 (northern one-third), restricted C-1 (southern two-thirds) COMPREHENSIVE PLAN: Community Commercial Center (northern one-third), Single Family Residential (not to exceed 4 du's per acre) (southern two- thirds) ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION WZ-09- NRV America ATTACHMENT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST This application is for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and approval of an Outline Development Plan. The applicant has chosen the "nonspecific" ODP process which will require a future specific ODP amendment approved through public hearings with an administrative FDP approval. A future plat document would be required as well. The property is comprised of three parcels. For the purposes of this land entitlement process, the address of 11808 W. 44`s Avenue is being used. The legal description for publication purposes included all three parcels. (Exhibit 1, Applicant letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is 3.5 acres in size and has frontage on W. 44a' Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. A 6' high brick and wooden fence runs along the Tabor Street frontage. Six foot high chain link fencing is in place along the west property line with a 6' high wooden fence along the south. A chain link fence with gate also runs behind the structure securing the vehicles being stored in the rear. The remainder of the property is devoid of any buildings. The rear parcel has a road-based surface. There are three existing curb cuts to 44 s Avenue; however only the center one is currently being used. In 1993, City Council approved a zone change from RC, Restricted Commercial, and A-1, Agriculture-One, to C-1 on the three subject parcels of property, identified as Parcels A, B and C (Exhibit 2, survey plat) The zoning approval was heavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 44`s and use restrictions on Parcel B. The front two pieces of property have unrestricted Commercial-One zoning but Parcel B is restricted to RV storage only. The Fruitdale Valley master plan was in place at the time which required a site plan component with zone change applications. (Exhibit 3, site plan) The Fruitdale Valley master plan was superseded by the adoption of the current Comprehensive Plan in 2001. There were two subsequent land development applications, neither of which was brought to completion. Case No. WZ-98-2 was a request by Brewer Tires (prior owner) for approval of a change of zoning conditions and an SUP to allow the servicing of semi trucks on the rear portion. Planning Commission recommended approval of the requests but the case was withdrawn prior to City Council. Another application was initiated by the current owner in 1998 for a change of conditions on the rear portion of the property. Planning Commission recommended denial and the application was subsequently withdrawn. Planning Commission 2 WZ-09-03/RV America III. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP) will establish allowed uses and development standards for the property (Exhibit 4, ODP document). In the summer of 2007, the planned development regulations were modified to expedite the Outline Development Plan (ODP) and Final Development Plan (FDP) review processes. An applicant has a choice of providing more written and graphic information detailing the development proposal at the ODP stage ("specific ODP"), allowing the FDP to be approved administratively. The alternative to the specific ODP would be to provide the "non-specific" ODP establishing just uses and development parameters. Once approved and when a specific development proposal was proposed, the applicantlowner would submit a specific ODP for review through public hearings by Planning Commission and City Council. The advantage to the "non-specific" ODP is that it allows land use entitlements without a great deal of up front investment for the applicant when there is no specific development proposal with the zone change request. A future subdivision plat would be required as well. Allowable uses: Permitted uses were taken from the Commercial-One zone district regulations. Many of the normally permitted uses in C-1 were eliminated based on traffic generation and potential negative impact on the neighborhood. Those eliminated uses included the following: auto sales, auto service and repair, cabinet shops, carpet cleaning, day care, electrical supplies and service, equipment rental agencies, exterminators, locksmith shops, indoor amusement enterprises, indoor flea markets, motorcycle sales and service, schools, plumbing and heating supply stores, schools, and upholstery shops. Drive- through facilities were eliminated from the liquor store category. Uses which were allowed to have "soft' drive-through facilities include banks, coffee shops, laundry and dry cleaning shops and pharmacies. No additional land use process would be required for these uses. Additional drive through uses not listed can be allowed through a special use approval process as prescribed by Section 26-114. Staff recommends that drive-through uses be limited to development area A. Staff recommends that item 26 (garden supply stores) be modified to allow outside display and storage. Staff also recommends that item 29 (grocery or convenience stores) be allowed to have gasoline pumps. One proposed use which staff does not support is self storage (item 55) which is listed to be allowed on the southern portion only. Staff objects to this use as we believe that it would be an underutilization of valuable commercial property. Although sales tax can be collected on the rental fees, the revenue generated to the city would be minimal. There is no specific boundary separating Development areas A and B. Staff believes that the market will dictate appropriate uses based upon specific design of the property. These market forces would sensibly accommodate retail/restaurant uses on the front in proximity to 44 b Avenue and the I-70 on and off ramps with less intensive office type uses on the rear. The limitation on drive-through uses to the front of the property will help protect adjacent residences. Planning Commission WZ-09-03/BV America Lot Coverage The ODP refers to Section 26-502 of the zoning and development code which sets the minimum amount of landscaping for the property at 20%. All other typical commercial requirements such as the installation of street trees at 30' intervals will have to be met. Maximum building and hardscaped coverage (parking, sidewalks, etc) cannot exceed 80 A floor area ratio of 0.5:1 is also specified. Build-out conformance with this FAR would be 77,500 square feet of building area. The potential build-out would be limited by specific use and the parking required for those uses. As an example, office space requires one space for every 200 s.f. of floor area, while restaurant uses require one space for every 75 s.f. Building Height/Setbacks Building height is specified as being 50' for the northern portion and 35' for the southern portion. This is consistent with the 35' high maximum building height in the City's residential and agricultural zone districts. Prescribed setbacks are to be 20' from the southern, western and eastern boundaries. Pursuant to the Architectural and Site Design Manual (ASDM), structures along 44`s Avenue must have a maximum 0' to 20' build-to line. Architecture Building architecture, as well as pedestrian access, must be in accordance with the ASDM. Fencing, Parking, Lighting, Signage The ODP document refers to pertinent sections of the code for these standards. Access Currently there are three access points to 44`x', however only the center one is being used. There are no existing access points to Tabor Street. The proposed ODP shows two accesses each on both of the streets. These access points may or may not be appropriate upon redevelopment of the site. A traffic analysis will need to be submitted with any future specific ODP applications. Staff has included such a note in our recommended motion for approval so that future land owners are put on notice of this condition. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps (Exhibit 5, zoning map). The property is zoned Commercial-One and Commercial-One with use restrictions. Planning Commission 4 WZ-09-03/RV America 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The western portion of the city has the potential for the development of a major commercial node due to the eventual construction on the Cabela's and Coors' annexation properties. To facilitate construction of the Cabela's store and surrounding development, many of the infrastructure improvements associated with the project have been built. Those improvements include the widening and improvement of Youngfield Street, construction of the W. 40"' Avenue/I-70 underpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. There have also been improvements funded by CDOT for the construction of interchange movements between State Highway 58 and I-70. The I-70 on/off ramps are being relocated from the current location east of Ward roughly 1000' to the east. The new ramps will tie into the north side of W. 44"' Avenue across from the western boundary line of the subject parcels (Exhibit 6, ramp design) This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear two-thirds of the subject land would allow a currently underutilized commercial property to be developed into a tax generating property. Sales tax collected from the sales of RV's is attributed to the community where the buyer resides; therefore there is minimal economic benefit from the sales of RV unless the buyer resides in Wheat Ridge. West 44`" Avenue is designated as a collector street and carries over 13,700 vehicles per day (2006 count). Tabor Street to the north of 44"' is designated a minor collector and carries around 3000 vehicle trips per day (2004 count). Tabor Street is the only connection across I-70 between Ward and Kipling and will eventually be into the Goldline transit station to the north. It is likely that with the changes in the area and construction of a new commercial project, a lighted intersection at 44"' and Tabor could be warranted. If the warrants are met as a result of a specific future development proposal, the owner will have to participate financially to the cost of the light. Tabor Street to the south of 44"' Avenue is 20' wide, substandard to the local street standard of 50'. Public Works is requesting a right-of-way reservation of 20' to accommodate future development of the property with access to Tabor. The reservation should extend the entire length of the property. If access is being requested off Tabor Street, the installation of public improvements will be required. Although two access points are shown to both 44"` Avenue and Tabor on the ODP document, a traffic impact analysis will be required upon application for a specific ODP application which may require modification to those shown. With the ramp construction, all accesses to 44"' Avenue will be right- in/right-out due to installation of a median the entire width of the property. Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The property lies adjacent to the boundary of the Fruitdale subarea. The Fruidale subarea plan is an Planning Commission 5 WZ-09-03/RV America addendum to the Comprehensive Plan and takes into account future conditions that will affect how property is developed by planning for the future. This property is shown as being adjacent to a commercial node. Specific land use designation shows commercial on the northern two-thirds and single family on the southern one third (Exhibit 7, Fruitdale subarea plan future land use concept). This Comprehensive Plan addendum was adopted in August of 2007. The property is also located within the W. 44th Avenue/Ward Road redevelopment area. The Urban Renewal plan identifies desirable land use as community commercial on the front and residential on the rear. This plan was adopted in October of 2001. The Urban Renewal Authority is reviewing the proposal on June 16. Results of their discussion will be provided at the Planning Commission hearing on June 18. Staff concludes that both of these documents did not acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. While the proposal is inconsistent with the residential designation, there are changed conditions which support approval of the planned development zoning. The proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Plan, including the broader mission of the City to be "open for business". The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing conditions in the area or in the city in general. As discussed above, staff clearly feels that changing conditions in this vicinity merit approval of the zone change request. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Land use to the east include a lumber yard zoned C-1 adjacent to the northern half of the property with single family residential zoned A-1 adjacent to the south half. An office/warehouse abuts the property to the west. Because this property was originally approved for tire servicing on semis, a portion directly to the west of site is zoned C-2. Tabor Lake also abuts the property to the southwest. To the north is a fruit market/grocery store zoned C-1, vacant property zoned A-1 acquired by CDOT and a self storage facility being displaced by the new I-70 on and off ramps. Property to the south is single family residential zoned A-1. This property has been zoned and used commercially since 1993. Care must be taken at the time of specific ODP approval for the use of upgraded buffering to minimize impacts to existing homes to the east and south. Staff concludes that this criterion has been met. C. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Planning Commission WZ-09-03/RV America Staff concludes that there will be economic benefits derived from the zone change as the property is currently underutilized. The additional uses will allow the property to develop into a tax generating commercial use. This is particularly likely with relocation of the I-70 on/off ramps, the construction of which will begin in October. Staff concludes that this criterion has been met. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure at the time of development. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The proposed ODP takes into consideration that there is adjacent low density residential on the east and south. As such, the height limitation on the rear portion is limited to 35' which is consistent with the residential and agricultural height limitation. Traffic impacts, drainage and compatibility and buffering for the adjacent residential will be analyzed at the time of submittal of a specific ODP. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. As there are no structural changes proposed for the property at this time, the commercial/industrial design standards in the Architectural and Site Design Manual (ASDM) cannot be applied. Compliance with the ASDM will be evaluated upon submittal of a specific ODP, Staff concludes that this criterion is not applicable. IV. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on March 18, 2009. There were six persons from the neighborhood in attendance. (Exhibit 8, Neighborhood meeting recap, Exhibit 9, Sign up sheet) Planning Commission WZ-09-03/RV America V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed. Additional access may be needed from Tabor to the rear of the property. Colorado Department of Transportation: Although the property is currently outside the jurisdiction of CDOT, with the Troximity to the future on and off-ramps, they recommend closure of unused access points to 44 Avenue. Valley Water District: Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property. Each building will require a separate water tap. A plat with 30' water mainline easement will be required. Xcel Energy: Can serve. Wheat Ridge Economic Development: Supports approval of the zone change. The strategic location with the proposed transportation improvements, render this property as a tax producing piece of commercial property. It is appropriate to allow the market to dictate the development pattern of the property. Wheat Ridge Public Works: Is requesting a 20' right-of-way reservation along the entire frontage of Tabor Street. Will assess potential access points to 44 b Avenue and Tabor upon submittal of traffic report with a future specific ODP proposal. They have requested notes be added in conformance with item 4 of their comments dated May 4, 2009. (Exhibit 10, Public Works comments) Wheat Ridge Police: No concerns with crime or traffic. Wheat Ridge Urban Renewal Authority: Recommendation will be provided at the June 18 public hearing. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the rear portion of the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the commercial viability of the property. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ-09-04 with the conditions listed below. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-09-03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located 11808 W. 441i Avenue for the following reasons: Planning Commission WZ09-03/RV America 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of this request. With the following conditions: 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area A. 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. Use number 29 (grocery or convenience stores) be modified to allow to have gasoline pumps. 5. The 20' right-of-way reservation for Tabor Street extend to the southern boundary of the property. 6. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 7. Notes be added in conformance with item 4 of the Public Works comments dated May 4, 2009. Option B: "I move to recommend DENIAL of Case No. WZ-09-03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located 11808 W. 44 h Avenue for the following reasons: 1. 2. I" Planning Commission 9 WZ-09-03/RV America Michael G. Mato Associates, Inc. October 21, 2008 Ms. Meredith Reckert Senior Planner 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Pre-Application Meeting Sach Property- 11808 West 44th Avenue Dear Ms. Reckert: Mr. Han Sach is the owner of the above-mentioned property. His business is RV America-sales and service of recreational vehicles. I have been asked to assist in broadening the entitlements in place on the property. Specifically, we would like tc expand the allowable uses for the larger portion of the property. This will require a rezoning. There are three noticeable influences on the property in terms of existing or proposed development patterns: 1. The northern portion of the property is contiguous to C-1 or C-2 zoning; the southern portion of the property is contiguous to A-1 zoning. The C-I/C-2 land west of the property is used by a tire company; the C-I land to the east is used by a lumber company. The A-1 land to the southwest is openspace/undeveloped; the southeastern land is single-family residential. 2. Existing vehicular access along the eastern boundary is Tabor Street. This access appears to be a public street, but the level of improvement is less than standard. 3. The current CDOT project to relocate the ramps from West 44th Avenue to I-70 appears to provide a new intersection on West 44th Avenue just west of the property. Our initial thinking is to rezone the property in a manner that recognizes the existing physical development patterns while meeting the owner's marketing objectives. To accomplish this we are considering the following: Expanding the allowable uses beyond the current RV storage limitations on the central portion of the property. The uses would generally follow the existing C-1 guidelines with deletions of the most negative uses. We will recognize the openspace and single-family development patterns by recommending lower-intensity uses adjacent to the A-1 zoned areas. Appropriate setbacks, building heights, fencing, landscaping, etc. would be a part of the proposal. 2835 Wm Oxford Ave., #6. Englewood, C, EXHIBIT 1 03/783-3773 • e-mail mplandplm@aol.com 3. We do not see the need to expand Tabor Street beyond the present "country lane" status. We do not intend to access Tabor Street with commercial uses. There may be a need to provide a better area for turning movements where Tabor Street intersects with West 44`h Avenue. 4. We do not see the property continuing to function without at least two commercial points of access on West 44`h Avenue. A specific user may find it desirable to relocate the curb cuts in recognition of the CDOT improvements to the west. In accordance with the Wheat Ridge procedures for rezoning, we will provide as much information as possible for both planning and design requirements. We hope to defer many decisions to the Final Development Plans stage when a specific user is known. Let me know if I can do more at this time. MGP/kp c: Hari Sach Chris Sach m Q aQ 0 tO O W O O O O r Q5ccooN ImmWz of > IJWNW ry ~Wp m ZOZm Ja Q W E~ W W I Z O Z m~ g Hull a g s N ~E H tl W _ IW Lt'965 NY MCI{. €.~m- -Gtnma >SNVe 33~.w`F6s "(i+A.aa~&e ems M.or.ttoox g R"8 eta ~ ~~m SI ~ga~ ~a 'i Eli z _"~^°;..5~133t115 N091/1 ,569[; og S: i M w~ Ilt S69iC • - ~ wa ~ TaAd,~p ~ I ~ ppn~ b~~ I d G _ t 3k6 m (NmNS s~ ~ I ~ I _ og P =oa g 3a IG s~s~~:.' yy Q a~ NIP.MS/ ~.T.I~J i2. S3 '4 ^ ~aa F" • m § X66 ~a ,I m~ sg ~ ~ ~ ~~z I ~ °I m ^ A9y T ' {C a lx HEM o r tI ~ P A q! Z„H Q=d ?ys d 3 S a ~ =S ~g e ~A C Cg AN SAG ~yd! 6 Mid 8 n m cmaa na•3mnuN]x. ]N W b..N DDbll oQ ~ Y„JY63nNl bl[Sh Y3X.D aXX i 1S Od01 9 A8vamoa Auu3dow .<Y p<~o : y yEaE a i c3 er Sc.i x° Ye~~ ~aE a 9 Y J9 ep zt ITHE s j rn 8A `eyfi 35 3 ~3~~;5 3 $g t ti2r$ ode aaa an~l~g c~d ~ d 6' 1`2 & 53g ! 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F a Pgg!§3 3a W ~7 YYas~pf''~f p `I$ 5kk e5~ 89 i_.y ~g i i~5 Cn9Y R43 ~ .I Ey W y €'0 §-a E Z 6 y 5 sea 5 3& b Y' ~ .Y ~SC5 ~5 3J3~ Q Y s 9pp- -i ePpg@~ ~¢¢$F € y w ~ ~ ~ gGa N 7 yi g5~s L Y F 9 ~ R~ E Rj~ t sa t ~ L a E 62 a~aS Fy§ @° § ~E tib;i ve~Exx 11413e°~~.3f n2 .x G„ e O~ Je.~i ydS&U dS.'sa~'.s SE'S°uk EXHIBIT 4 I r: x L 1 I `1 ! I , ` r I i I i .r LIJ i I 1 11! 1 !1 It I ~ ~ ' I 1 I' I I 1 1 ~r✓ I I II II1 I Miller St U 0 N - 1 J 1 4 arfet St v 1.. v n = R ~ rr L gruit&iCe Sub-area PCan Pierson 5t Future Land Uses in the Fruitdale Sub-Area 20 m ~ W - {Z oid CL m N ID N O m_ 0 d~ eNll -V FOC n b"~s City of Wheatldge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: March 18, 2009 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Wheat Ridge Municipal Building Lobby Conference Room 7500 W. 29th Avenue Wheat Ridge, CO 80033 Property location: 11808 W. 44t" Avenue Applicants : Mike Pharo (land planning consultant for owner) 7777 S. Depew Littleton, CO 80128 303-783-3772 Hari Sach 11808 W. 44th Avenue Wheat Ridge, CO 80033 888-311-4497 Property owners: Hari Sach 11808 W. 44th Avenue Wheat Ridge, CO 80033 Property Owner(s) present? Yes Existing Zoning: Unrestricted C-1 (northern one-third), restricted C-1 (southern two-thirds) Comprehensive Plan Designation: Community Commercial Center (northern one-third), Single Family Residential (not to exceed 4 du's per acre) (southern two-thirds) Applicant's Proposal: The owner of RV America would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the rear portion of the property are restrictive and essentially limit the property to be used for RV storage. The rezoning would expand the allowable uses beyond the RV storage limitations on the central and southern portions of the property. The uses would generally follow the uses allowed in the existing C-1 zone chart. Some of the more intense uses allowed in the C-1 zone district will be excluded from the list of allowed uses. EXHIBIT 8 Consideration will also be given to the surrounding low density neighborhood when uses and development standards are established for the areas immediately adjacent to them. Existing Conditions: The property is 3.5 acres in size and is located on the southwest corner of W. 44`h and Tabor St. The adjacent properties along W. 44`h are zoned C-1 with the exception of a small area on the property to the west, which is zoned C-2. The areas to the south of the property are zoned A-1 developed with single family homes and open space. As Tabor St. extends south of W. 44`h Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley (20') and provides access to the residential lots to the south of the property in question. As Tabor St. extends to the north of W. 44`h Ave., it is the only street that provides access over I-70 in between Ward Rd. and Kipling St. There is currently no access to the property from Tabor Street. The following issues were discussed: What is happening with the CDOT project for relocation of ramps and related improvements on 44th Avenue? The new I-70 on and off ramps will be located to the west of Heinie's Market encompassing most of the Public Storage property. Improvements to 44`t' will include widening, installation of curb, gutter and sidewalk and installation of raised medians which will limit access to many of the adjacent properties to right-in/right-out only. The subject property will have no left turn access to 44`h Avenue with the two existing accesses limited to right-in/right-out. Will a traffic signal be installed at the corner of 440' Avenue and Tabor? If the property is redeveloped and generates sufficient traffic to meet "warrants a traffic signal would be installed. On the drawing, why is there a line drawn through the middle of the property? The line will be used to designate two district use areas. The northern portion adjacent to 44`h Avenue will have higher intensity uses more oriented to impulse purchases such as fast food restaurants. The southern portion will have less intensive uses and development standards more appropriate adjacent to residential development such as a 35' height limitation where the front piece height allowance will be 50'. What are the uses being proposed? The uses listed were taken primarily from the C-1 permitted use list with many of the undesirable uses eliminated. A few of the eliminated uses include adult entertainment establishments and car repair facilities. Discussion of desirable uses continued. There was some sentiment that no development should be allowed. It was pointed out that visually, development may have less impact than currently exists with the RV storage. One of the desirable uses suggested was a landscape nursery. Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago? The last application for a change in zoning conditions was filed in 1999. The case was withdrawn after a denial recommendation was given by Planning Commission. It is the property owner's right to be able to apply for zoning modifications on his property. What is proposed for Tabor Street? If access is approved for Tabor Street, the developer will be responsible for dedication, widening and installation of public improvements from 44`h down to the new access point. No widening or improvements would extend to the south where residential access begins. It was indicated from the attendees that people drive down Tabor where there is no turn around requiring turn around using private driveway. This type of intrusion into the neighborhood has included delivery vehicles and even semi trucks. It was posed whether the City would be agreeable to physically restricting access such as gating. This is doub~6l due to emergency access issues. I Ul p W N ~ l . o 7 Iz M C. Cj) p m N z Ch . 7P ~s MG M 0 c~ (D O h N O D~ O ~ j X j Q 00 c M DODO ' A 0 ~ sa r> 7 CD C ~ (D N 7 (D Q n p1 Q u n c~rr r ~ T 2 °O ~ Z cD S r O n S j 0 =r 0 ~4 a o rt C4 EXHIBIT 9 3 CD 00 Cn -P~ W N p N 1 e ~1- City of ~/I WheatWdge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29`n Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 May 4, 2009 Mr. Michael G. Pharo Michael G. Pharo Associates, Inc. 2835 West Oxford Avenue #6 Englewood, CO 80110 303.783.3772 Re: First Review Comments of the Hari Sachanandani Outline Development Plan. Dear Mr. Pharo, I have completed the first review of the above referenced document received on April 29, 2009, for the re-zoning proposed for 11808 W. 44th Avenue, and I have the following comments: Outline Development Plan 1. Pertaining to the Legal Description: a. The metes and bounds portion of the Legal Description must conform to the Current City Datum, which is a modified (ground-based) form of the NAD83/92 State Plane coordinate system. (Please see attached sheets to assist you with the rotation). b. Include a tie to the section. Please be advised that the Basis of bearing line will need to be a section or quarter-section line per the Municipal Code of Laws. (FYI: The south line of the NE'/4 of Section 20 is N89°09' 18"E per the official City ROW maps). c. Please include the True Point of Beginning (T.P.O.B.) and Point of Commencement (P.O.C.). 2. Please show the existing lot lines using a very light or shaded linetype. 3. Please show the "20.00' WIDE AREA RESERVED FOR FUTURE RIGHT-OF-WAY" as running the full length of the Tabor Street frontage, as indicated on the redlined Plan. 4. You need to include three notes pertaining to the above-mentioned 20' ROW Reservation: a. No permanent structures shall be allowed within the 20' ROW Reservation area. b. The northerly portion of the reserved area that is necessary to construct the Tabor Street ~y entrance for Development Area B shall be dedicated to the City of Wheat Ridge at the time of the Final Development Plan. c. The residual portion shall remain as a 20' ROW Reservation until such time as future development in the area necessitates Tabor Street to be constructed to City standards across the entire frontage of the subject property. 5. Need to show the following on the plan view: a. The bearings & distances for the boundary of the subject property. FYI - the westerly ROW line for Tabor Street is N00°26'31"W per the official City ROW maps. b. The tie to the section. c. The T.P.O.B. and P.O.C. EXHIBIT 10 I I X as Qs m s ~ ~ o - w T 3 \ N N c~ f O ~ n_ o s ~ w ai 2 J Q ~ L J - I D D TT1TTl 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Commission. PUBLIC HEARING A. Case No. WZ-09-03: An application filed by RV nerica for approval ! of a zone change from Commercial-One and C e eial-One with ~J conditions to a Planned Commercial Develo T and approval of an outline development plan for property loc - a 08 West 44th Avenue. Prior to presentation of the case, Com herself from hearing the case because gain monetarily from approval. The ( At this point, Commissioner BRINKP Meredith Reckert was sworn i~ by Chair F documents into the record and the hear the case. She reviewed the t Q BRYNKMAI Xedotu;recuse d stand to request. She entered all pertinent thefe was jurisdiction to Ms. Reckert sub a memoran om at Ridge Urban Renewal Authority, date 2009 statin their find' gs concerning this property. The proposed us not in ormance the West 44th Avenue and Ward Road Redevelopme ; h - ver, due to , oposed I-70 access ramp relocation, the nature of the maki - commercial uses on the subject property a m - ' optio rther, ecific redevelopment information may s= _ that use the subject propert y could be found in compliance th the cu t 44 e and Ward Road Redevelopment Plan. Staff ended ap al for ons, and with conditions, as contained in the staff Commis Van R asked if approval would cause RV America to go out of s. explained the present use could continue until a final mproved,and a building permit issued. In response to concern expressed by Commissioner HOLLENDER about allowing gas stations, Ms. Reckert commented that the use was proposed to be allowed because the location would be very good for gas sales with it's proximity to the new ramps.. In response to a question from Commissioner REINHART, Mr. Westberg explained that the 20 foot right-of-way reservation for the west side of Tabor Street would allow the new public improvements to line up with the public improvements on Tabor north of 44th Avenue. If the property on the east side of Planning Commission Minutes ATTACHMENT 3 June 18, 2009 Tabor were ever redeveloped, an additional ten feet would probably be requested to make a full 50 feet of right-of-way. By reserving right of way the entire length of Tabor to the southern property line, it would give flexibility for future development. It would only be widened if necessary to accommodate development of the property. Commissioner HOLLENDER expressed concern that the requirement for a 20 foot setback from the eastern property line could allow a b • lding adjacent to the Tabor Street right-of-way line. Meredith Reckert agree -:-the language should be changed to say the setback is from western end o rvation. -ZA Mike Pharo S , 'Q Land planning consultant for property o leb~jfhri Sach Mr. Pharo and Mr. Sach were sworn in b. hair REINHART haro stated that he was not opposed to the conditi~ t self sage be elimn~at i f om the list of permitted land uses. He wasoppos the Acflot right-of-v, reservation because he believed it amounts to . aking of his client's land with the possibility that a road ma ever be built. that roadway widening on Tabor south of any new access change the u _ eness of the neighborhood. He showed three different see velopmen • r e site. Chair REINHART-Iced to hear fr`tmbe e public Diane Tipt Ms. Tipton w orn i y Chair RE T. Ms. Tipton was representing her mother who owns = south the subject property. She stated that she the @ pro pique neighborhood to the south of the e opmen Co hensive Plan shows there should be houses north of e existing ner rhoo elieved commercial development would ase prope ues. was opposed to widening the street because it wo ring more fic to the neighborhood. Commis r D . R commented that twenty feet would allow business customers on the street adjacent to the property rather than going down into the resid ial neighborhood. In response to a question from Commissioner HOLLENDER, Ms. Tipton said she believed that duplexes on the southern end of the property would also reduce neighborhood property values. Ron Markow Mr. Markow was sworn in by Chair REINHART. Mr. Markow agreed with Ms. Tipton's comments and expressed opposition to the plan. He wanted the southern portion of the subject property to be zoned residential and buildings on the northern portion to be limited to one story in height. Planning Commission Minutes 3 June 18, 2009 George Isquith Mr. Isquith was sworn in by Chair REINHART. He was opposed to the plan and didn't believe there was any need for change from the present situation with the RV sales business in front and RV storage oil the southern end. Margie Brown Ms. Brown was swom in by Chair REINHART. She stated that she is married to George Isquith. She expressed opposition to commercial eon the southern end of the subject property. Chair REINHART asked if there were others who ° shy address the Commission. Hearing no response, he closed the - blic h Commissioner HOLLENDER stated that could see both side .4 e story, commenting that the RV business is = irrg well-during these ec c times. Because this area is near a major interch y pgsed develop ent would be an improvement over what presently exis Commissioner MATTHEWS ed concern re hg hotel-motel use on the property because of high crime e ated with s rises in Wheat Ridge. He was also opposed to a 20 foot ht-o the s<uthem boundary of the property. Commissiog ` - IET commente ' at he believed a better land use than RV storage co evelo . He expres hope that a final development plan would be svmna `t7c tc borhood ncerns. issto W reed with Commissioner DIETRICK. The land owner a right to s pro d make it as marketable as possible. At the same there is an a ation - residents nearby to not destroy the character of their ne rhood. He ted that he was not convinced about gas station use because it is a drive- ugh use, and could possibly contaminate water supplies. stated that he is always uncomfortable when a plan doesn't meet0fe Comprehensive Plan. However, revitalization of the site would be an improvement if neighbors are adequately protected. He didn't believe that the public interest would be served by asking more right-of-way to extend the road beyond what a reasonable entrance to the site would be. At the request of a citizen, Chair REINHART re-opened public hearing. Doris Meakins Ms. Meakins expressed concern about status of her water rights if the land is developed. Mr. Westberg explained that existing water rights are well protected. Planning Commission Minutes 4 June 18, 2009 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REINHART closed public hearing. Commissioner HOLLENDER encouraged residents to stay involved throughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER Commissioner DWYER to recommend approv: request for approval of a zone change from C to Planned Commercial Development and for it l Development Plan for property located a krffir following reasons: 1. The rear portion of the property' 2. The relocation of the I-70 on and commercial develop eft potential 3. Evaluation criteria sgppro~ ded by No. WZ-09-03, a with use restrictions pan Outline venue for the dramatically changes the With the following conditions: 1. Under , a u . e be adde&sl :loom It Area "A". that drive-through 2. UsEnffi display 3. nn The folk a traffic 5. '%Nyotes be 26 arden supplgIdres) be modified to allow outside removed from the list of permitted o ded: "At the time of specific ODP submittal, an , sis will be required which may necessitate access points shown on this document." in conformance with item 4 of the Public Works 1 May 4, 2009. Commission MATTHEWS offered a friendly amendment to remove Use No. 34 from the list of permitted land uses. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5-0 with Commissioners BRINKMAN, CHILVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m.. and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA-09-02: An ordinance amending Chapter 26 pertaining to residential development standards. Planning Commission Minutes 5 June 18, 2009 i • 1~ lI1 ~ ~'V'e l~ 17C1. AP f . art o Lot 11 Lee 1 1 s u vs t Vicinity Map ■ .a ■ r o~,~ 1' , F H: u.,, ~3 6 i r _ f VLF L . e a 9 i,;, - ~ ~1l r~ ' ~ ~ n _ ~ 1J-- L~ r ~ i 1 i V J ls- J b t J k ~ ~ ~ i _ J a ~ ~ ; ~}~r~ Legal Description: _ THE EAST t)NE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S ~ ~3 i 1 1 SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAVE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LY1NG NORTI~ OF THE ~u+sne NORTH LINE OF T~IOSE PARCELS OF LAND DESCRIBED 1N QUITCLAIM DEEDS_ _ RECORDED AT RECEPTION NUMBERS 93127939 ANll 93127940, EXCEY'C' THE FAST 10.00 FEET THERF'OF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 2U, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OP WHEAT RIDGE, COUNTY OF J~FFERSC)N, STATE OF C(JLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ ~ _ _ BASIS OF BEARINGS: THE SOUTHI.INE OF THE NOR"1'H~;AS'I' QUARTER OF 27. Gift, novelty or ~ r po - imp. Y V or SQU Y ~1i11 ~toi tr~ SECTION 20 ASSUMED TO BEAR S84°09'18"W. MOVEMEN7~ 28• Q~►asi-governm ~ ~ oV~rr1171f,i1ta U1 111.. S d11 ~ 1ces, suc as Ire ~tatlons. 1 rarles. c,tc. wit nn ~~~1s1 ~ ~tnr~~e ~ (NT~RSEGTION 29. Grocery ~r con 30. Hair, nail and I 31. Ilardware store 20 FOOT RE5ERVAtION FOR 32. Hobby and Gra T,4BOR STREW 33. Home furnishi I IMPROI/EM~NT5- NO 34. Hotel, rtlOtel / , COMIVI~NCINU AT THE EAST QUARTER CORNER OF SECTION 20, THENCE Go11V~111e1]G~ St01'~S 1`lfJ d 9 ~ ti~ t~ nttt~ nramm~4yn ntr~sranrtcv ~ r J S89°09'l8"W A DISTANCE OF 674.37 FEET ALONG TFIE SOUTFI LINE OF TI-iE . NORTHEAST QUARTER 4F SAID SECTION 20, T~iENCE N00°50'42"W, 118.00 FEE"I' '1'O 'C'HE NOR1'HE~S"C' CORNER OF 'THA'C' PARCFI.OF LAND DESCRIBED IN n s ..J QUITCLAIM DEED RF;CORllEll AT RECEPTION NO. 93127939 BEING THE TRUE ~UL~ MOVEMENT ~~ANENT S1RUG7UR~S 35. Interior decorat ,4ecESS I AL~otu~D. 36. Jewelry stores ~~Y v POINT OF BEGINNING; I I 37. Laundry and d 38. Leather goods 39. Linen supply TI~ENCE S89°23'27"W ALONG TIDE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.1.3 FEET TO TIDE NOKTI-WEST COKNER OF SAID PARCEL AND TI-IE ~ i ~ ~ ~ ~i ~ 40. Liquor stores NORTHEAST CORNER OF I~HAT PARCf'1, Or' LANIll DESCRIBEll IN DEED _ RF,CORDED AT RECEPTION NO. 93127940; .d ~iy . ~ 3., -F.~- -h THENCC S86°48'38"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE ~ OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ` f Q ON THE WEST LINE OF THE EAST HALF OF TFIE SAID LOT 1 l; ~ r v- { "THENCE N00°24'47"W ALONG "THE WEST, LINE OF THE EAS"l, HALF OF SAID I,O'T `r 'i~-~_ 4 11, ADISTANCE OF 485.46 FEET TO THE NORTHWEST C(~RNFR OF THF, EAST 0 ` / 1 HALF OF SAID LOT 11 AND THE SOUTH RIUHT OF WAY LINE OF WEST 44TH 0 z= AVENUE; T~~ENCE N89°13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGH'I~ OF WAY LINE, A DISrI,ANCF OF 321.90 FEET; 'I'O A POINT ON THE ZONED i WEST RIGHT-OF-WAY LINE OF TABOR STREET; C-1 ~ G-2 'KJ r" r TIRE _r . THENCE S00°24'47"E ALONG THE WEST RIGHT-OP-WAY LINE OF TABOR ST~~ % I . e~ STREET, A DISTANCE OF 478.93 FEET TO TI-IE TRUE POINT OF BEGINNING. ' i ~ - CON'T'AINING 154,633 SQUARE FEE'1 OR 3.550 ACKES, MORE 4K LESS. ~4 - - _ , Ownership Statement: _ The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. ZONED A-1 F' 1t OPEN SPACE 'Lim i Unified Control Statement: The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. - ~.3_ ~r, Should market/business conditions require a sale of the property, that ~y owner would be obligated by the conditions of this document. 1 Statement of Existing Zoning: f The property is currently zoned Gl, Commercial-One with conditions. The conditions limit allowable uses in this G 1 District to RV sales and ` , _ I Y v storage. P• Character/Intent of Development: ~a_. v { v ; Development of the property will be accomplished in a manner consistent with the planning design and development criteria of the City. Site conditions ` I which will be reflected in the development include the existing commercial uses adjacent to the northern portion of the property, the residential and open i uses to the south, and the changing vehicular access and circulation patterns along West 44th Avenue which are the result of new on/off ramps to 1-70. It is the intent of this document that the final use or uses be of higher intensity to the north -lower intensity to the south, or that blended use or uses be properly v r J designed or transistioned into the property. This intensity/design/transistion concept mciuaes recognition or Tana use types, nuiiaing aesign, neignts anu 41 setbacks, vehicular access and perimeter screening. ~ChelnatlC Plan: NATURE. SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE Landscaping: Land 1(Y' Landscaping shall be a minimum o o ~ of the tote of area. Landscape 4li1`4lefi 1..l. 1 1iL{~.1V 1 iL70VViLiL41177 1116,fs "tax T%✓)l!1 s 7 ~vr , 7777 1. . South De pew Street n sneerIn r TT to De aeterminea LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEAN design and pedestri ADDRESSED ON tNIS DOCUMENT. AS A RESULT, A orne e stt"la1] aCCeS, shall he, 1"C'onrcianrP, with rritQrin r-1PfinPri In the T ~A...t _L ~ r~ _ i _ , _ nc► s nn ~ , n tx u r 1 n A ~ 1 to Phasing: tinr i_enNtttiictr>eri~~F AMCAIr'1MCAIT Tn ruic ivo= ArrhitPrturnl and . =t. .k . ~e The design and processing of a Final Development Plan and the development of the proposed project will occur as market conditions allow. F •t . . T~ 1 i T I POSTING CERTIIi'ICATION CASE NO. PLANNING COMMISSION /CITYOUNCIL BOARD OF ADJUSTMENT (Circle One) HEARING DATE: l~ 1,~ R lrpyv Zy~v ! 9 5 (n a m residing at (address) as the applicant for Case NOLF > hereby certify that I have posted the Notice of Public Hearing at on this day of 20CY) , and do hereby certify that 7 26 said sign has been posted ;dr mained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signatur • NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. $ .81 DAVI5HER5U6 ! W 80.28 ig WZ 9518; C "'To UFTI6 8 C-1 G R-1 ``j R-Y A DEVELOPMENT R - WZ-90.8 CORP 6 W66TH AVE e5 WESTLAKE s o SHUMWAY PARK FAP PROS PECT Rev,6 0 RE-SUB C_2 5U[5 PLACE PARK , PEARL T suPaai wz8a2, A-2 OF THE > Ci-1 Wz8a3 i. VALLEY C-7 ! F4 60 PCD SUD a @ Wz-864 ! n - 8 wZ-8&12 Aos 6,os 6kJZ-O7-03J CC BANK OF NEW YORK TRUSTEE 400 COUNTRYWIDE WAY SV 35 SIMI VALLEY CA 93065 7008 3230 0003 5514 8410 JOHN V BUDD FAMILY TRUST DEPARTMENT OF 1601 S LANSING ST TRANSPORTATION AURORA CO 80012 4201 E ARKANSAS AVE 7008 3230 0003 5514 8427 DENVER CO 80222 KOELTZOW MICHAEL E HOBBS ARLENE EDITH MEAKINS DORIS H KOELTZOW CATHY L LEMASTER JACQUE MARIE 4340 TABOR ST 4291 TABOR ST 2675 ARLINGTON DR APT 204 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ALEXANDRIA VA 22306 7008 3230 0003 5514 7008 3230 0003 5514 8441 7008 3230 0003 5514 845 ROCK ROBERT JOSEPH TR VON BREHM GEORGE ISQUITH GEORGE L ROCK PHYLLIS GERTRUDE GRODITSKI 4350 TABOR ST TRUSTEE 4502 S ROB B E 4502 S OBB ST WHEAT RIDGE CO 80033 4300 TABOR ST LITTLETON CO 80127 7008 3230 0003 5514 8472 "r'"T"TT^'^ "A" 8465 7008 3230 0003 5514 8489 7008 3230 0003 5514 8496 FISHER RODNEY W DAVISON DIANE L 4722 E VERBENA DR PHOENIX AZ 85044 7008 3230 3003 5514 8502 LINDA T AGE EL I~ VOCABLE TRUST 4410 TA S WHEAT CO 80033 7008 3230 0003 5514 851` PROSPECT PARK CAMPGROUND L 11808 W 44TH LLC 11600 W 44TH AVE 11808 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7008 3230 0003 5514 8533 HOEFER DENNIS L HOEFER CHERYL A 11722 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 8564 7008 3230 0003 5514 8540 2220 RAND LLC 11930 W 44TH AVE 200 WHEAT RIDGE CO 80033 7008 3230 0033 5514 8571 PUBLIC STORAGE INC PO BOX 25025 GLENDALE CA 91201 7008 3230 0003 5514 8595 104.4 l67 7008 3233 0003 5514 8434 DE ROSIER JOHN A 8360 SNAFFLE BIT CT LITTLETON CO 80125 7008 3230 0003 5514 8526 C & D INVESTMENTS 11722 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 8557 SILZ HEINZ N SILZ THEA M 15745 HWY 34 FORT MORGAN CO 80701 elda City of Wheatj~idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`n Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE August 10, 2009 Dear Property Owner: This is to inform you of Case No. WZ-09-03 which is a request for approval of a zone change from Commercial-One (C-1) and Commercial-One with conditions to a Planned Commercial Development and approval of an outline development plan for property located at 11808 W. 44th Avenue. This request will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August 24, 2009 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you are a property owner within 100 feet of this property and immediately adjacent to this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. WZ0903.doc www.ci.wheatridge.co.us SE 17 0 N OFFICIAL ZONING MAP WHEAT RIDGE COLORADO S`lf PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) NE 20 WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) o X00 ZOO 5co 400 Feet m DEPARTMENT OF MAP ADOPTED: June 15, 1994 `o<oc~o PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 \p city of ' W1=t P Lige ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 13, 2009 TITLE: COUNCIL BILL NO. 16-2009 AN ORDINANCE PROVIDING FOR A ZONE CHANGE FROM C-1, COMMERCIAL-ONE, AND C-1, COMMERCIAL-ONE WITH USE RESTRICTIONS TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11808 W. 44TH AVENUE (CASE NO. WZ-09-03/RV AMERICA) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® ORDINANCES FOR 1sT READING (7/13/2009) ❑ ORDINANCES FOR 2ND READING (8/24/2009) ❑ NO L` r- Ic City Man r U EXECUTIVE SUMMARY: The applicant requests approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (ODP) for property located at 11808 W. 44 h Avenue. Because the applicant does not have a specific development scenario, the case is being processed with a "non-specific" ODP which establishes just permitted land uses and development standards. A future "specific" ODP will be required when an application for site development is proposed, requiring additional public hearings in front of Planning Commission and City Council. No physical changes are proposed for the property at this time. Council Action Item July 13, 2009 Page 2 COMMISSION/BOARD RECOMMENDATION: This case was reviewed by Planning Commission at a public hearing held on June 18, 2009. A recommendation of approval with conditions was given for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of the request. With the following conditions: 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area "A". 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. The following note to be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 5. Notes are to be added in conformance with Item 4 of the Public Works comments dated May 4, 2009. 6. Use number 34 (hotels and motels) be removed from the list of permitted land uses. There were five area residents who spoke at the Planning Commission public hearing regarding this case. STATEMENT OF THE ISSUES: The property is 3.5 acres in size and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. In 1993, City Council approved a zone change for the property from RC, Restricted Commercial, and A-1, Agriculture-One, to C-1, Commercial-One. The zoning approval was heavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 44th and use restrictions on the rear portion. The front portion of the property has unrestricted Commercial-One zoning but the rear portion is restricted to RV storage only. The I-70 on/off ramps are being relocated from the current location roughly 1000' to the east of Ward Road. The new ramps will tie into the north side of W. 44th Avenue across from the western boundary line of the subject land. This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear of the parcel would allow a currently underutilized commercial property to be developed into a tax generating property. The property lies adjacent to the boundary of the Fruitdale subarea. While it is adjacent to a commercial node, specific land use designation shows commercial on the northern two-thirds and single family on the southern one-third. It is reflected this way on the City's 2001 Comprehensive Plan Future Land Use Council Action Item July 13, 2009 Page 3 Map. The property is also located within the W. 44th Avenue/Ward Road redevelopment area. The Urban Renewal Plan identifies desirable land use as community commercial on the front and residential on the rear. None of these documents acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. While the proposal is inconsistent with the residential designation on the rear, there are changed conditions which support approval of the planned development zoning. The proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Plan, including the broader mission of the City to be "open for business". The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. Tabor Street abutting the property is only 20' wide. Public Works has requested a 20' right-of-way reservation to accommodate future traffic improvements to Tabor Street. The Planning Commission staff report and minutes will be attached at the time of second reading for additional background on this application. ALTERNATIVES CONSIDERED: FINANCIAL IMPACT: One-time fees for the zone change were submitted with the application. A future application for specific ODP will require a new application and processing fees. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2009, Case No. WZ-09-03, a request for approval of a zone change from Commercial-One and Commercial-One with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan on property located at 11808 W. 44th Avenue, on first reading, order it published, public hearing set for Monday, August 24, 2009 at 7:00 PM in the City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 16-2009 for the following reason(s) " Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 16-2009 INTRODUCED BY COUNCIL MEMBER Council Bill No. 16-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE PROVIDING FOR A ZONE CHANGE FROM C-1, COMMERCIAL-ONE, AND C-1, COMMERCIAL-ONE, WITH USE RESTRICTIONS TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 11808 W. 44TH AVENUE (CASE NO. WZ- 09-03/RV AMERICA) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change from C-1, Commercial-One, and C-1, Commercial-One, with use restrictions to Planned Commercial Development and approval of an Outline Development Plan on property located at 11808 W. 44s' Avenue and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change to Planned Commercial Development and an Outline Development Plan are approved for the following described land: THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89009' 18"W. COMMENCIN G AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89°09' 18"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE NO0°50'42"W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING; ATTACHMENT 1 THENCE S89°23'27"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86048'38"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00°24'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N89°13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TABOR STREET; THENCE S00°24'47"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. Section 2. Vested Pronegy Rights. Approval of this amendment to a Planned Commercial Development Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2009, 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 , 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12009. SIGNED by the Mayor on this day of , 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript Effective Date: 3 City of Wheatl~dge MUNny DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. July 1, 2009 Mike Pharo 7777 S. Depew St. Littleton, CO 80128 Dear Mike: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of June 18, 2009, Planning Commission recommended APPROVAL of Case No. WZ-09- 03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located at 11808 West 44th Avenue for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. Evaluation criteria support approval of this request. With the following conditions 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area "A". 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 5. Notes be added in conformance with item 4 of the Public Works comments dated May 4, 2009. 6. Use number 34 (hotel, motel) be removed from the list of permitted land uses. Your request for a zone change and approval of an outline development plan is scheduled for public hearing before City Council at 7:00 p.m. on August 24, 2009. Eighteen (18) copies of the revised full- sized, pre-folded outline development plan plus one (1) reduced set of plans are required by August 7th. Please feel free to contact me at 303-235-2846 if you have any questions Sincerely, Kathy Field Administrative Assistant Enclosure: Draft of Minutes cc: Hair Sach 11808 W. 44`h Ave. Wheat Ridge, CO 80033 WZ-09-03 (case file) www.ci.wheatridge.co.u s 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Commission. PUBLIC HEARING A. Case No. WZ-09-03: An application filed by RV America for approval of a zone change from Commercial-One and Commercial-One with av, conditions to a Planned Commercial Development and approval of an outline development plan for property located at I1808 West 44th Avenue. Prior to presentation of the case, Commis herself from hearing the case because shy gain monetarily from approval. The C6fi At this point, Commissioner BRINKMA7y Meredith Reckert was sworn i.0y Chair I documents into the record and &sed the hear the case. She reviewed the taffxe" Q 3RINKMAN='a"sked to recuse the applicant and could stand to i Voted 5-0 to acceMer request. e-council chambers` EYI~T. She entered all pertinent is§ ii there was jurisdiction to Ms. Reckert submitted a memorandum,om thlX~lfeat Ridge Urban Renewal Authority, dated fnn~ L 2009 statiritheir findings concerning this property. The proposed uses not in conformance with the West 44th Avenue and Ward Road RedevelopgfiYEPan; however, due to tlreroposed I-70 access ramp relocation, the nature of the a3ea ~Lsdiage makii commercial uses on the subject property a mgrivfable,optionurtherxiifsrespecific redevelopment information may sh&v that a~iriof usest~ the subject property could be found in compliance with the currenY~ t 44n`yenue acid Ward Road Redevelopment Plan. Staff r commended appgal forsons, and with conditions, as contained in the staff Commissar D ER asked if approval would cause RV America to go out of business. Nf Eckert explained the present use could continue until a final development_plan is approved and a building permit issued. In response to concern expressed by Commissioner HOLLENDER about allowing gas stations, Ms. Reckert commented that the use was proposed to be allowed because the location would be very good for gas sales with it's proximity to the new ramps.. In response to a question from Commissioner REINHART, Mr. Westberg explained that the 20 foot right-of-way reservation for the west side of Tabor Street would allow the new public improvements to line up with the public improvements on Tabor north of 44 h Avenue. If the property on the east side of Planning Commission Minutes 2 June 18, 2009 Tabor were ever redeveloped, an additional ten feet would probably be requested to make a full 50 feet of right-of-way. By reserving right of way the entire length of Tabor to the southern property line, it would give flexibility for future development. It would only be widened if necessary to accommodate development of the property. Commissioner HOLLENDER expressed concern that the requirement for a 20 foot setback from the eastern property line could allow a building adjacent to the Tabor Street right-of-way line. Meredith Reckert agreed thafthe language should be changed to say the setback is from western end of reservation. Mike Pharo Land planning consultant for property ow Mr. Pharo and Mr. Sach were sworn to by that he was not opposed to the condrtrs list of permitted land uses. He was opposed reservation because he believed it amounts to the possibility that a road mayver be built Tabor south of any new access i. change He showed three different scenarios ofevi Chair to hear ner",-WAri Sach hair REINHART. WPharo stated self storaae be elimmaW-,ftom the Mel, of his client's land with H&I that roadway widening on the um"~c'ueness of the neighborhood. lonment U-the site. public. Diane Tiptoul, WO Ms. Tipton w~8 sworn ilay Chair REIN-RT. Ms. Tipton was representing her mother who ownsoy to e southothe subject property. She stated that she ould ik the ci o pro Yb unique neighborhood to the south of the d6elopme --a--eorripp ehensive Plan shows there should be houses north of tT~e existing neighprhood~hbelieved commercial development would deczease property values. Sfie was opposed to widening the street because it wo la bring more tt'affic t, the neighborhood. WN Commis"stoker DWER commented that twenty feet would allow business customers t-Iron the street adjacent to the property rather than going down into the resiQal neighborhood. In response to a question from Commissioner HOLLENDER, Ms. Tipton said she believed that duplexes on the southern end of the property would also reduce neighborhood property values. Ron Markow Mr. Markow was swom in by Chair REINHART. Mr. Markow agreed with Ms. Tipton's comments and expressed opposition to the plan. He wanted the southern portion of the subject property to be zoned residential and buildings on the northern portion to be limited to one story in height. Planning Commission Minutes 3 June 18, 2009 George Isquith Mr. Isquith was sworn in by Chair REINHART. He was opposed to the plan and didn't believe there was any need for change from the present situation with the RV sales business in front and RV storage on the southern end. Margie Brown Ms. Brown was sworn in by Chair REINHART. She stated that she is married to George Isquith. She expressed opposition to commercial use on the southern end of the subject property. Chair REIN1 ART asked if there were others who _nshl ~ilo address the Commission. Hearing no response, he closed the public hearing. Commissioner HOLLENDER stated that could see both sides o#- he story, commenting that the RV business is not~~ing well~flu ing these econonfi c times. Because this area is near a major interchafi`ge any~xoposed development would be an improvement over what presently exists Commissioner MATTHEWS eXessed concern re ding hotel-motel use on the property because of high crime fateM06ated with stfelffrses in Wheat Ridge. He was also opposed to a 20 foot `~tght ofYay to the so thern boundary of the property. CommissionetDIETO X commente -that he believed a better land use than RV storage coufd'F evelop He expresse ope that a final development plan 3ff would be svmnath-6 is t&KR_6hbQrhoodAncems. Uffimissrone DWyftgreed with Commissioner DIETRICK. The landowner has a right to sell felts prol5 and make it as marketable as possible. At the same tire, there is an oblrgatron presidents nearby to not destroy the character of their neighbprhood He stated that he was not convinced about gas station use because . it is a drive through use, and could possibly contaminate water supplies. Commissront REINHART stated that he is always uncomfortable when a plan doesn't meet* Comprehensive Plan. However, revitalization of the site would be an improvement if neighbors are adequately protected. He didn't believe that the public interest would be served by asking more right-of-way to extend the road beyond what a reasonable entrance to the site would be. At the request of a citizen, Chair REINHART re-opened public hearing. Doris Meakins Ms. Meakins expressed concern about status of her water rights if the land is developed. Mr. Westberg explained that existing water rights are well protected. Planning Commission Minutes 4 June 18, 2009 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REINHART closed public hearing. Commissioner HOLLENDER encouraged residents to stay involved throughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER and aecon ed by Commissioner DWYER to recommend approval _of Case No. WZ-09-03, a request for approval of a zone change from C land C lwith use restrictions to Planned Commercial Development and for approval an Outline A- Development Plan for property located at 180, West 44 Avenue for the following reasons: 1. The rear portion of the propertfi§,r rre6tly3underutilize . 2. The relocation of the I-70 on and off,aps dramatically changes the commercial development potential of Hkis-yroperty. 3. Evaluation criteria suppott:approval of thjirequest. With the following conditions: 1. Under `FATI&Wr- Uses", a note be added specifying that drive-through uses li limited#2 Development Area "A". 2. Use ihl her 26 Garden supply ssttores) be modified to allow outside display anstarae -00 3 TTenymber 5` self ste removed from the list of permitted land uses ~AF 4 The foll6ing not~bdded: "At the time of specific ODP submittal, E a traffic i-- ct and s is will be required which may necessitate modificatron.to access points shown on this document" 5. Notes be aded in conformance with item 4 of the Public Works f co__ments~ated May 4, 2009. CommissionrrMATTHEWS offered a friendly amendment to remove Use No. 34 from the list of permitted land uses. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5-0 with Commissioners BRINKMAN, CHILVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m, and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA-09-02: An ordinance amending Chapter 26 pertaining to residential development standards. Planning Commission Minutes 5 June 18, 2009 Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Monday, June 22, 2009 4:02 PM To: 'Thomas Nicholas' Cc: 'Sandy' Subject: FW: RV America Approval Attachments: RV America Legal.pdf It looks like there is a minor revision to the RV America legal. Please make the requested change and email back the revised legal in word format. The revised legal should be used on all future ODP submittals. If you have any questions, please let me know. Meredith Reckert, AlC:P Senior Planner O:'fice Phone: 3W-235-2845 From: Dave Brossman Sent: Monday, June 22, 2009 3:34 PM To: Meredith Reckert Subject: RV America Approval Hi Meredith - I have reviewed the RV America Outline Development Plan, and other than the 20.00' of Right-of-Way reservation which will be up the City Council, and I find it approvable with one minor addition. The metes & bounds legal description places the parcel in such a location as to encroach into the existing Tabor Street ROW by about 0.30'. This can however be easily resolved if the end of the second to last paragraph of the legal was revised to read "TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TABOR STREET;" (please see attached sheet). D Davie] F. Brossman, P.1-S. Develo€nnent 2eveu Ltli;•eieer; C'iy Surveyor ?jn(:! W. 291h Avenue Wheat Ridee- Colorado 80033 Office and Fax: 3113-2-j-2% wu_w.ci,lel_eatrid2o. co.us city of W h6 tl c PU9tIC Woi;..1t5 Pica w coosWer the ".i '"aonnient heifi,re pRiiUiag t€}IS e-sn:ffl CONFIDENTIALITY NOTICE: This c-maul contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by c-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 6/22/2009 Legal Description: THE EAST ONE-IIALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89009'1 8"W. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89°09'1 8"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00°50'42"W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING; THENCE S89023'27"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86048'38"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165,96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00024'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N89°13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET,T0 A Pola ca -,74c- ZONED r jic-S ' nG FF7 = [3Y L..a.+ i rates 0,- 7-4-;D4,4- G-1 1 C THENCE S00°24'47"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR TIRE STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. STORE CONTAINING 154,633 SQUARE FEET OR 3.550 ACRES, MORE OR LESS. Ownership Statement: The owner of the property is RV America, Inc. - Mr. Hari sachanandam. Unified Control Statement: The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. Should marketibusiness conditions require a sale of the property, that owner would be obligated by the conditions of this document. Statement of Existing Zoning: The property is currently zoned C-1, Commercial-One with conditions. The conditions limit allowable uses in this C-1 District to RV sales and storage. ZONED A OPEN 5P4 Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Friday, June 19, 2009 8:55 AM To: Dave Brossman Subject: FW: RV America ODP Attachments: rvamerica-odp Sheet 1 rev 6-11-09.pdf Attached is an electronic copy of the revised ODP (including legal) for RV America. Please review and comment at your convenience. If you need anything else, please let me know. Thanks, M Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 c`av ~f ~SLfll1l+M11} }„~L44YQY."n5~N1 From: Sandy [mailto:skt@zagadesigngroup.com] Sent: Thursday, June 18, 2009 1:48 PM To: Meredith Reckert Subject: RV America ODP As requested by Mike Pharo. Please let me know if you need anything else. Sandy Sandra K. Thompson, ALA Zaga Design Group, Inc. 3319 Raleigh Street Denver, CO 80212 303-437.8622 720.855.7421 (fax) 6/19/2009 - PiI~ K f7 S vlTc D ~Y rnir<F ptq,,VviN G~~m155ion) NeH1 ING- SUA1L i~3 aooq - CASE WZ-09-0 3 i i t~nr:~c~e-yyaw~foE~ W. X*4UO- i i i Q~'~2-U2~tt n u.~nce~cr~e-caucu~l/y~~arFrAl liv w. - Case No. WZ-09-03 RVAmerica Zone change from C-1 and C-l with use restrictions to Planned Commercial Development (PCD) and approval of an Outline Development Planon property located at 11808 W. 44111 Avenue Planning Commission June 18, 2009 LAND SURVEY PLAT A PART OF LOT 11 IEE'S 41BWSON BEING SA NE 1/6, SEQ. 20, T3S, R69W OF WE 6M Pu, SE OF MEAT R! "TY GE. COUNTY OF :EFFERSON, STATE OF COLORADO AY 5 ~ C 1 I 1 F 1 A 3 411 - I 6 .nm-.: _ s LL i \ ~ 1-0-VIIIHnH n 2 4 5 6 7 Neighborhood meeting • Held on March 18, 2009 • Seven people in attendance • Discussion about proposed increase in uses, impact on Tabor Street and proposed CDOT improvements Agency referrals AFPD: Addt'l looped water lines and hydrants. May need access from Tabor upon development. CDOT: Would like unnecessary accesses to 4411' closed. Valley Water: Addt'1 looped water lines, hydrants and taps may be required. Also plat with 30' easement. Xcel Energy: Can serve. WR Police: No concerns with traffic or crime. 8 Agency referrals continued WR Economic Dev: Supports approval of zone change. Appropriate to allow market to dictate dev. pattern. WR Public Works: Requesting 20' r-o-w reservation for Tabor for length of property. Requested notes be added to ODP document. Access points to 4411' and Tabor will be analyzed at time of specific ODP with traffic analysis. WRUA: Concluded zone change is inconsistent with current plan. Ramp relocation will impact the area making additional commercial uses a more viable option. 9 ry ' l ~ ~I r _ mi o~ .a , nm MIIM olw4 la, z'. Q /W U Vl 10 11 Staff Conclusions • Changing conditions in the area due to ramp relocation which support zone change. • While inconsistent with rear designation on Comp plan, existing conditions in place since 1993 were not reflected. • Will be economic benefits with zone change. • All agencies can serve property with upgrades. • Traffic impacts, drainage and compatibility will be assessed at specific ODP stage. • ASDM compliance will be assessed at specific ODP stage. With the following conditions: • Drive through uses be limited to Development Area A • Use 26 be modified to allow outside display and storage • Use 55 be eliminated • Use 29 be modified to allow gas pumps • 20' r-o-w reservation for Tabor be extended to south • Note be added re. access points • PW notes be added 12 0,I4 City of Wheat -Midge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: M. Reckert June 18, 2009 WZ-09-03/Mike Pharo for Hari Sach (RV America) Approval of a zone change from C-1 and C-1 with conditions to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) LOCATION OF REQUEST: 11808 W. 44`h Avenue PROPERTY OWNER: Hari Sachanandani APPROXIMATE AREA: 3.5 acres PRESENT ZONING: Unrestricted C-1 (northern one-third), restricted C-1 (southern two-thirds) COMPREHENSIVE PLAN: Community Commercial Center (northern one-third), Single Family Residential (not to exceed 4 du's per acre) (southern two- thirds) ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION running ~uuumssiun WZ-09-03/RV America All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST This application is for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and approval of an Outline Development Plan. The applicant has chosen the "nonspecific" ODP process which will require a future specific ODP amendment approved through public hearings with an administrative FDP approval. A future plat document would be required as well. The property is comprised of three parcels. For the purposes of this land entitlement process, the address of 11808 W. 44`h Avenue is being used. The legal description for publication purposes included all three parcels. (Exhibit 1, Applicant letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is 3.5 acres in size and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. A 6' high brick and wooden fence runs along the Tabor Street frontage. Six foot high chain link fencing is in place along the west property line with a 6' high wooden fence along the south. A chain link fence with gate also runs behind the structure securing the vehicles being stored in the rear. The remainder of the property is devoid of any buildings. The rear parcel has a road-based surface. There are three existing curb cuts to 44th Avenue; however only the center one is currently being used. In 1993, City Council approved a zone change from RC, Restricted Commercial, and A-1, Agriculture-One, to C-1 on the three subject parcels of property, identified as Parcels A, B and C (Exhibit 2, survey plat) The zoning approval was heavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 44th and use restrictions on Parcel B. The front two pieces of property have unrestricted Commercial-One zoning but Parcel B is restricted to RV storage only. The Fruitdale Valley master plan was in place at the time which required a site plan component with zone change applications. (Exhibit 3, site plan) The Fruitdale Valley master plan was superseded by the adoption of the current Comprehensive Plan in 2001. There were two subsequent land development applications, neither of which was brought to completion. Case No. WZ-98-2 was a request by Brewer Tires (prior owner) for approval of a change of zoning conditions and an SUP to allow the servicing of semi trucks on the rear portion. Planning Comrriission recommended approval of the requests but the case was withdrawn prior to City Council. Another application was initiated by the current owner in 1998 for a change of conditions on the rear portion of the property. Planning Commission recommended denial and the application was subsequently withdrawn. Planning Commission WZ-09-03/RV America III. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP) will establish allowed uses and development standards for the property (Exhibit 4, ODP document). In the summer of 2007, the planned development regulations were modified to expedite the Outline Development Plan (ODP) and Final Development Plan (FDP) review processes. An applicant has a choice of providing more written and graphic information detailing the development proposal at the ODP stage ("specific ODP"), allowing the FDP to be approved administratively. The alternative to the specific ODP would be to provide the "non-specific" ODP establishing just uses and development parameters. Once approved and when a specific development proposal was proposed, the applicant/owner would submit a specific ODP for review through public hearings by Planning Commission and City Council. The advantage to the "non-specific" ODP is that it allows land use entitlements without a great deal of up front investment for the applicant when there is no specific development proposal with the zone change request. A future subdivision plat would be required as well. Allowable uses: Permitted uses were taken from the Commercial-One zone district regulations. Many of the normally permitted uses in C-1 were eliminated based on traffic generation and potential negative impact on the neighborhood. Those eliminated uses included the following: auto sales, auto service and repair, cabinet shops, carpet cleaning, day care, electrical supplies and service, equipment rental agencies, exterminators, locksmith shops, indoor amusement enterprises, indoor flea markets, motorcycle sales and service, schools, plumbing and heating supply stores, schools, and upholstery shops. Drive- through facilities were eliminated from the liquor store category. Uses which were allowed to have "soft" drive-through facilities include banks, coffee shops, laundry and dry cleaning shops and pharmacies. No additional land use process would be required for these uses. Additional drive through uses not listed can be allowed through a special use approval process as prescribed by Section 26-114. Staff recommends that drive-through uses be limited to development area A. Staff recommends that item 26 (garden supply stores) be modified to allow outside display and storage. Staff also recommends that item 29 (grocery or convenience stores) be allowed to have gasoline pumps. One proposed use which staff does not support is self storage (item 55) which is listed to be allowed on the southern portion only. Staff objects to this use as we believe that it would be an underutilization of valuable commercial property. Although sales tax can be collected on the rental fees, the revenue generated to the city would be minimal. There is no specific boundary separating Development areas A and B. Staff believes that the market will dictate appropriate uses based upon specific design of the property. These market forces would sensibly accommodate retail/restaurant uses on the front in proximity to 44"' Avenue and the I-70 on and off ramps with less intensive office type uses on the rear. The limitation on drive-through uses to the front of the property will help protect adjacent residences. Planning Commission WZ-09-03/BV America Lot Coverage The ODP refers to Section 26-502 of the zoning and development code which sets the minimum amount of landscaping for the property at 20%. All other typical commercial requirements such as the installation of street trees at 30' intervals will have to be met. Maximum building and hardscaped coverage (parking, sidewalks, etc) cannot exceed 80 A floor area ratio of 0.5:1 is also specified. Build-out conformance with this FAR would be 77,500 square feet of building area. The potential build-out would be limited by specific use and the parking required for those uses. As an example, office space requires one space for every 200 s.f. of floor area, while restaurant uses require one space for every 75 s.f. Building Height/Setbacks Building height is specified as being 50' for the northern portion and 35' for the southern portion. This is consistent with the 35' high maximum building height in the City's residential and agricultural zone districts. Prescribed setbacks are to be 20' from the southern, western and eastern boundaries. Pursuant to the Architectural and Site Design Manual (ASDM), structures along 44th Avenue must have a maximum 0' to 20' build-to line. Architecture Building architecture, as well as pedestrian access, must be in accordance with the ASDM. Fencing, Parking, Lighting, Signage The ODP document refers to pertinent sections of the code for these standards. Access Currently there are three access points to 44th, however only the center one is being used. There are no existing access points to Tabor Street. The proposed ODP shows two accesses each on both of the streets. These access points may or may not be appropriate upon redevelopment of the site. A traffic analysis will need to be submitted with any future specific ODP applications. Staff has included such a note in our recommended motion for approval so that future land owners are put on notice of this condition. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps (Exhibit 5, zoning map). The property is zoned Commercial-One and Commercial-One with use restrictions. Planning Commission 4 WZ-09-03/RV America 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The western portion of the city has the potential for the development of a major commercial node due to the eventual construction on the Cabela's and Coors' annexation properties. To facilitate construction of the Cabela's store and surrounding development, many of the infrastructure improvements associated with the project have been built. Those improvements include the widening and improvement of Youngfield Street, construction of the W. 40ffi Avenue/1-70 underpass from Youngfreld and the relocation of a portion of the Clear Creek greenbelt trail. There have also been improvements funded by CDOT for the construction of interchange movements between State Highway 58 and I-70. The I-70 on/off ramps are being relocated from the current location east of Ward roughly 1000' to the east. The new ramps will tie into the north side of W. 44`' Avenue across from the western boundary line of the subject parcels (Exhibit 6, ramp design) This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear two-thirds of the subject land would allow a currently underutilized commercial property to be developed into a tax generating property. Sales tax collected from the sales of RV's is attributed to the community where the buyer resides; therefore there is minimal economic benefit from the sales of RV unless the buyer resides in Wheat Ridge. West 44'h Avenue is designated as a collector street and carries over 13,700 vehicles per day (2006 count). Tabor Street to the north of 44`h is designated a minor collector and carries around 3000 vehicle trips per day (2004 count). Tabor Street is the only connection across I-70 between Ward and Kipling and will eventually tie into the Goldline transit station to the north. It is likely that with the changes in the area and construction of a new commercial project, a lighted intersection at 44`h and Tabor could be warranted. If the warrants are met as a result of a specific future development proposal, the owner will have to participate financially to the cost of the light. Tabor Street to the south of 44`h Avenue is 20' wide, substandard to the local street standard of 50'. Public Works is requesting a right-of-way reservation of 20' to accommodate future development of the property with access to Tabor. The reservation should extend the entire length of the property. If access is being requested off Tabor Street, the installation of public improvements will be required. Although two access points are shown to both 44`h Avenue and Tabor on the ODP document, a traffic impact analysis will be required upon application for a specific ODP application which may require modification to those shown. With the ramp construction, all accesses to 44 h Avenue will be right- in/right-out due to installation of a median the entire width of the property. Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The property lies adjacent to the boundary of the Fruitdale subarea. The Fruidale subarea plan is an Planning Commission WZ-09-03/RV America addendum to the Comprehensive Plan and takes into account future conditions that will affect how property is developed by planning for the future. This property is shown as being adjacent to a commercial node. Specific land use designation shows commercial on the northern two-thirds and single family on the southern one third (Exhibit 7, Fruitdale subarea plan future land use concept). This Comprehensive Plan addendum was adopted in August of 2007. The property is also located within the W. 44"' Avenue/Ward Road redevelopment area. The Urban Renewal plan identifies desirable land use as community commercial on the front and residential on the rear. This plan was adopted in October of 2001. The Urban Renewal Authority is reviewing the proposal on June 16. Results of their discussion will be provided at the Planning Commission hearing on June 18. Staff concludes that both of these documents did not acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. While the proposal is inconsistent with the residential designation, there are changed conditions which support approval of the planned development zoning. The proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Plan, including the broader mission of the City to be "open for business". The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing conditions in the area or in the city in general. As discussed above, staff clearly feels that changing conditions in this vicinity merit approval of the zone change request. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Land use to the east include a lumber yard zoned C-1 adjacent to the northern half of the property with single family residential zoned A-1 adjacent to the south half. An office/warehouse abuts the property to the west. Because this property was originally approved for tire servicing on semis, a portion directly to the west of site is zoned C-2. Tabor Lake also abuts the property to the southwest. To the north is a fruit market/grocery store zoned C-1, vacant property zoned A-1 acquired by CDOT and a self storage facility being displaced by the new I-70 on and off ramps. Property to the south is single family residential zoned A-1. This property has been zoned and used commercially since 1993. Care must be taken at the time of specific ODP approval for the use of upgraded buffering to minimize impacts to existing homes to the east and south. Staff concludes that this criterion has been met. C. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Planning Commission WZ-09-03/RV America Staff concludes that there will be economic benefits derived from the zone change as the property is currently underutilized. The additional uses will allow the property to develop into a tax generating commercial use. This is particularly likely with relocation of the I-70 on/off ramps, the construction of which will begin in October. Staff concludes that this criterion has been met. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure at the time of development. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The proposed ODP takes into consideration that there is adjacent low density residential on the east and south. As such, the height limitation on the rear portion is limited to 35' which is consistent with the residential and agricultural height limitation. Traffic impacts, drainage and compatibility and buffering for the adjacent residential will be analyzed at the time of submittal of a specific ODP. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. As there are no structural changes proposed for the property at this time, the commercial/industrial design standards in the Architectural and Site Design Manual (ASDM) cannot be applied. Compliance with the ASDM will be evaluated upon submittal of a specific ODP, Staff concludes that this criterion is not applicable. IV. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on March 18, 2009. There were six persons from the neighborhood in attendance. (Exhibit 8, Neighborhood meeting recap, Exhibit 9, Sign up sheet) Planning Commission WZ-09-03/RV America V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed. Additional access may be needed from Tabor to the rear of the property. Colorado Department of Transportation: Although the property is currently outside the jurisdiction of CDOT, with theyroximity to the future on and off-ramps, they recommend closure of unused access points to 44 Avenue. Valley Water District: Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property. Each building will require a separate water tap. A plat with 30' water mainline easement will be required. Xcel Energy: Can serve. Wheat Ridge Economic Development: Supports approval of the zone change. The strategic location with the proposed transportation improvements, render this property as a tax producing piece of commercial property. It is appropriate to allow the market to dictate the development pattern of the property. Wheat Ridge Public Works: Is requesting a 20' right-of-way reservation along the entire frontage of Tabor Street. Will assess potential access points to 44" Avenue and Tabor upon submittal of traffic report with a future specific ODP proposal. They have requested notes be added in conformance with item 4 of their comments dated May 4, 2009. (Exhibit 10, Public Works comments) Wheat Ridge Police: No concerns with crime or traffic. Wheat Ridge Urban Renewal Authority: Recommendation will be provided at the June 18 public hearing. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the rear portion of the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the commercial viability of the property. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ-09-04 with the conditions listed below. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-09-03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located 11808 W. 44`x' Avenue for the following reasons: Planning Commission WZ-09-03/RV America 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of this request. With the following conditions: 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area A. 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. Use number 29 (grocery or convenience stores) be modified to allow to have gasoline pumps. 5. The 20' right-of-way reservation for Tabor Street extend to the southern boundary of the property. 6. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 7. Notes be added in conformance with item 4 of the Public Works comments dated May 4, 2009. Option B: "I move to recommend DENIAL of Case No. WZ-09-03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located 11808 W. 44th Avenue for the following reasons: 1. 2. 3." Planning Commission WZ-09-03/RV America Michael G. Pharo Associates, Inc. October 21, 2008 Ms. Meredith Reckert Senior Planner 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Pre-Application Meeting Sach Property - 11808 West 44`h Avenue Dear Ms. Reckert: Mr. Hari Sach is the owner of the above-mentioned property. His business is RV America-sales and service of recreational vehicles. I have been asked to assist in broadening the entitlements in place on the property. Specifically, we would like to expand the allowable uses for the larger portion of the property. This will require a rezoning. There are three noticeable influences on the property in terms of existing or proposed development patterns: 1. The northern portion of the property is contiguous to C-1 or C-2 zoning; the southern portion of the property is contiguous to A-1 zoning. The C-1/C-2 land west of the property is used by a tire company; the C-1 land to the east is used by a lumber company. The A-1 land to the southwest is openspace/undeveloped; the southeastern land is single-family residential. 2. Existing vehicular access along the eastern boundary is Tabor Street. This access appears to be a public street, but the level of improvement is less than standard. 3. The current CDOT project to relocate the ramps from West 44th Avenue to I-70 appears to provide a new intersection on West 44th Avenue just west of the property. Our initial thinking is to rezone the property in a manner that recognizes the existing physical development patterns while meeting the owner's marketing objectives. To accomplish this we are considering the following: 1. Expanding the allowable uses beyond the current RV storage limitations on the central portion of the property. The uses would generally follow the existing C-1 guidelines with deletions of the most negative uses. 2. We will recognize the openspace and single-family development patterns by recommending lower-intensity uses adjacent to the A-1 zoned areas. Appropriate setbacks, building heights, fencing, landscaping, etc. would be a part of the proposal. 2835 West Oxford Ave., #6, Englewood, Q EK` Ial TD T 1 1 03/783-3773 • e-mail: mplandplan@aol.com 3. We do not see the need to expand Tabor Street beyond the present "country lane" status. We do not intend to access Tabor Street with commercial uses. There may be a need to provide a better area for turning movements where Tabor Street intersects with West 44Th Avenue. 4. We do not see the property continuing to function without at least two commercial points of access on West 44`h Avenue. A specific user may find it desirable to relocate the curb cuts in recognition of the CDOT improvements to the west. In accordance with the Wheat Ridge procedures for rezoning, we will provide as much information as possible for both planning and design requirements. We hope to defer many decisions to the Final Development Plans stage when a specific user is known. Let me know if I can do more at this time. MGP/kp c: Hari Sach Chris Sach LAND SURVEY PLAT A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE 1/4, NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ua vizmm t ►AKt2. A ME NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, EXCEPT ME NEST 20 FEET AND EXCEPT THE EAST 150 FEET THEREOF, LEE'S WBDIMSON COI OF JEFFFRSOi, STALE OF COLOUDO. m U C 3 0 w m c r °v g 2 ►AKM 9 THE MONTH 125 FEE! OF THE EAST 150 FEET OF LOT 11, EXCEPT ME EAST FO FEET MEREF, LEES WBDINgOl. COUNTY OF ..CfFEASON, STATE OF COLORADO MIIOR 6 ME NORM 1/2 GF ME EAST 1/2 OF TIE NORM i/3 ANO TI c NORM 3/5 OF ME SOUTH 1/2 DF ME EAST 1/2 OF THE NORM i/3 OF LOT 11, LEES SUBDIMSON ME PLAT OF WHICR IS RECORDED IN PUT BOOK 2 AT PACE 23, EXCEPT ME EAST 10 FEET OF SAID LOT 11. ALSO EXCEPT THAT PART DESCRIBED IN BOOK Io10, AT PAGE 570 AS FOLLOWB: ME NORM 125 FEET OF ME EAST 1/2 OF LOT 11, LEE'S S39DI11ON, EXCEPTING THEREFROM ME EAST TO FEET MEREOF, AND EXCEPTNG ME WEST 20 FELT MERE OF, AHD A150 E%CEPTNG MDSE CERTAIN PORTIONS Q" SAID LAND AS CONVEYED IN DEEDS RECORDED AUWST 20, IBBJ AT RECEPTION NUMBERS 93127936 AND 9312)910 AND RE-RECORDED OCTTBFR 4. 1983 AT RECEPTION NUMBERS 93IMS71 AND 031W67Z COUNTY OF JEFFERBON. STATE OF GOSIRAOO. N8913'07'E y;~' 5w LS,L \ NW CORN LOT It LEE' ER 332.08' IF LarTlxr S WBDIMSON (PER NESTAKE PARK WBOMSDN) • -mamL 1. IT IS HEREBY MRIMED THAT, AS OF ME DATE OF MIS PUT, ME SUBJECT PROPERTY IS NOT LOCATED MINIM A IM YEAR FLOOD ZONE IN ACCORDANCE WM CURRENT H.U.D. FEOERAL ADMINISMATON FLOOD HAZARD BOUNDARY MAPS. DATED FEBRUARY Z 1988, MAP NO. 085078 OODSC, AND IS IN 20NE "B', SUBJECT TO CHANGE 2 NOTICE ACCORDING TO COLMA➢D LAW, YOU MUST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN THIS SURVEY W,MIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANT ACTON RASED UPON ANY DEFECT IN MIS SURVEY BE COIMENOOD MORE THAN TEN YEARS MOM ME DATE OF CERVICATIDN SHOWN HEREON. 3. MIS LAND SURVEY PUT. AND ME INFORMATION HMR ON. MAY 1. MIS SURVEY DOES NOT CONSTITUtf TITLE EEARCM BY GfLLANS, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, RIGHT-OF-WAY AND TIME OF RECORD. QUANS LNG RULED UPON CHICAGO TITLE OF COLORADO, INC. MMMNIMENT N0. 1113814, DATED MARCH B, 1996 FOR MIS INFORMATION. 5. REFERENCE IS MADE TO ME FOLOWING: A WATER RIGHT DEED RECORDED JULY 1, 1877 IN BOOK 3028 AT PAGE 23Z - A DEED FOR DITCH MAINTENANCE RIGHTS AND INGRESS AND EGRESS TO SAID DITCH, RECORDED SEPTEMBER 20, IBM IN BOO( 1019. PACE 570. - RIGHT OF WAY RECORDED IN BOO( 295 AT PACE 503. B. PARCEL A,B AND C LEGAL DESCRIPTIONS ARE TAKEN FROM CHICAGO TIE OF COLORADO, NIP., AND CRUSHED ASPHALT R.V. AND BOAT PARKING OVERHEAD UITUTY I IMFC . ' 15' OiCH EASOMENT REC. /93127BJ8,°~ tI! f i 2 is t L 51 IWID E .Y®A¢ ~1W.~n,I2 cw NE CORNER PROSPECT PARK PLACE MINDR SUB. Ar SCALE, P= 40- 40 D 20 40 w I F- rc lk nm ~rn ~N ~I w 33 gk~ nn ~ zIo z BASIS OF BEARING IS THE SOUTH UNE OF THE NE 1/4 OF SECTION 20 AS ESTABLISHED PER SELLARDS AND GRIGG, INC. SURVEY FILED IN PLAT BOOK 100, PAGE 10 -REC489029399 EAST 1/4 CORNER CENTER OF SECTION 20 SECTON 20 _997.34' (NESTAKE PLAT) 997.14' AM FOUND 3-1/2' BRASS CAP N8'12"E-266L"GT' (S` [~BREAT~D)'Nr1~'S9AM V IS /13212 INSIDE RANGE BOX FWHOSJ1321 3-1/4' BRASS AEC. /841011307 CAP L2 - 1802 INSIDE RANGE BDX FIRE HYDRANT WATER VALVE UTNTY POLE LIGHT POLE OVERHEAD UTILITY LINES FENCE A.M. ACTUAL FIELD MEASUREMENT (D) DEEDED MEASUREMENT 01, CHAIN LINK FENCE 5" V T. CURB WTH 1' PAN aidliltl'~ A„Q M11TI~/!f+G•lilll(lYi. 1~► A 9~528~ EXHIBIT 2 a EAST LINE OF WE ST ON ~ I SUDDIOSION EAST ONE 6: EAST ONE OF W 1/2 Q L0T H, LEE'S SUBONSON (PER WESTAHE PUT) 4 NEST 44th AVENUE if{IID R®Ac M1N fCD %A9Tt _ C1P IS A4, oo~, PARCEL 'A' I ~ ~ Hp k+ I I PA I - taw m ! "B" b" Y k ASPHALT ROAD 1 FAI-LS ON am K~2>a PROP AS SHOWNIXY PARCEL *C" AREA 118,895 S0. FT. ADMMING PROPERTY TO NORTHWEST ACCESSING DATE THROUGH P. 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PL.Arry. r n l"Jl 'T T C'4 C1n 'SEC 20 ryyr4DA nV", Cn+H+'~^N SWEET af. 1 t uE JE c£G `C .•S 1 O 6i✓Jr~ED RR Y-LL.W Der ,R:u4 F4[ y ][!Gn `r Vf.MM1.IOT rr O ' A.C wfM BRIS] CI-> yYUL ru RU%.E ~F > T.~'a TO CFAILVf Of 7C .IO > a CRA'Yl C•r •P ~ ..II rSC>VG rY% yrYa~A[ 'YIRJCV crlEJ i4 Kr D JiYX rV HCC .fH NN- \ . .5 ,.]ZrC InYar^~C w4LE ~ Pu.E C. Obia . OOI rrtL. ~PUf 1 EXHIBIT 3 _ l I E i 9 i E t i F • ,7 ~y Y ~"r a }1~' 1 r k ~t , r 4y W Part o Lo A t 11 Lees u~ 1V1S Vicinity Map +(i.. ~ r .e®s i ® ~ :i.: . ~ a® .es W. ..r~s i s®n i ~ ~ i awa .I~► ~ .NIA. W01~ Ir 1 APCUES2 o cw it ~ x l~Ry W 1-In t~on,agz kJ N ~ yy 67Qt Ave _ v ~i n W 46th W 't~ Y, W .iGih avc a ~ R Yf 6;~~ W W k9U N I~ ~ 47tH qve' ~ a W ~taUi Rve w ~ ~ ~ ~ s i u ~ ~ ~ ~ ~ I ~ TaLur ~ P [P.:... caa« W 41Fltl AVe W ~i2nq Ace l`:s..~r Creax i i + ~~A tl O ~w~9mn ~N w39m O ~ ~ y,. ~ w 3ecn 4L._ zcae ne„~o~~u+i i„~. ~ c.w e'zaoe «~vrea o~ rwxaao, ~ O - ~ yr Legal Description: a • THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S ~ SUBDIVISION, AS .RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS J OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS _ _ _ _ RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE Y E. EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ - - 1'r 1 BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF Vt~lltllt4+11`al Uullultl~a Qllu V111VG~' ~utrll a~ 111G 1~A.41Ut1~~ 11U1A~11G~y G6V. W1W1 llU UULaIUG ~6U1Q~C ~r canvenlence stores no as SECTION 20 ASSUMED TO BEAR S89°09'18"W. MOl/EM~NT 29. Grocery or conv ~ IN7ERSEC710N 30. Hair, nail and co ~ 31. Hardware stores ~ S k i an cosmetic services i & i i 0 'T i 14 i stares an ome ~m rovem ent su ies vv~t no 1 ox 1 em t s i i a ~l ~ ~ ca . COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE I 32. Hobby and craft ~ cra sores ~ e o ocument t s acre a or ~ in L e o Ice o i t E t~.e County Clerk and :Recorder of S89°09'18"W A DISTANCE OF 674.3? FEET ALONG THE SOUTH LINE OF THE ROW pEDICATION FOR 33. Home furnishing taeoR sr~~t 34. Hotel, motel ~l1 S 111 ~ S~CIrEC r nn . , , , day of , 20 AI3, NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00°50'42"W, 118.00 FEET IMPROVEMENTS 35. Interior decorati ~~~L~ Mov~M~NT ~ 36. Jewelry stores ;i TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ~LII?'CI.AIM D.T'LD ItE~OF.DEI` AT RE~EPTIQN NO. 93127939 BEING ~'HE TF.UE AccES;~ I 37. La~anciry ~.nu~ dry ~ 38. Leather goods an POINT OF BEGINNING; I 39. Linen supply cn 40. Liquor stores P THENCE S89°23'27"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE 6! ~ 41. Meat nnultrv nr OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE ` NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO.93127940; ~ M1 ~ THENCE S86°48'38"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE ~ a OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ~ "f~ ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 1 l; 3 r .s. 4 THENCE N00°24'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT N ~ „ t 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST 0 _ ` . <<„ HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH 0 z AVENUE; THENCE N89° 13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET; zONED C-i t G2 THENCE S00°24'47'B ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR LIRE STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. SCORE CONTAINING 154,633 SQUARE FEET OR 3.550 ACRES, MORE OR LESS. i Ownership Statement: f ii~__.. The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. ZONED ~4-1 OPEN SPACE t r Unified Control Statement: `x T The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. Should market/business conditions require a sale of the property, that } r r L owner would be obligated by the conditions of this document. ~ _ - i Statement of Existing Zoning: ~ft,p~ ~ : ' . The property is currently zoned C-1, Commercial-One with conditions. The conditions limit allowable uses in this Gl District to RV sales and ~ storage. i 1 _ per Character/Intent of Development: I~ ~ Development of the property will be accomplished in a manner consistent with the planning design and development criteria of the City. Site conditions S { i. 1 L1. ~ - S which will be reflected in the development include the existing commercial ti-r uses adjacent to the northern portion of the property, the residential and open uses to the south, and the changing vehicular access and circulation patterns ~P 1 along West 44th Avenue which are the result of new on/off ramps to I-70. It is the intent of this document that the final use or uses be of higher intensity to 11 the north -lower intensity to the south, or that blended use or uses be properly ~-7 L~ L b. designed or transistioned into the property. This intensity/design/transistion . . , cr--- ~ ~---_1 1...:,..1..x,. w concept mciuaes recogmnon oz ianu use LypCN, Duiiuuig uvbigii, iioigiiw auu LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN I design and pedestria ADDRESSED ON THIS DOCUMENT. AS A RESULT, A Architectural and Si ►Jri1JAi?MI1JIStQAT1~/F AM1=1JnMFNT Tn Tl,.llCi n11T1 I1JF jr o -r t i i/ .7UUU1 LGPGW ti7l1GGl 13U111Gllgil1GG1111g edestrian access shall be in accordance with criteria defined in the Littleton, Colorado 80128 1130 West 124th Av l and Site Design Manual. 303/783-3772 Westminster, Colorai [~.l~ ■ 1 setbacks, vehicular access and perimeter screening. ►7Chema,tlC Plan: Phasing: 1t1=501-011 t: Architectural detail to be approved by Community Development Director in Michael Pharo -Principal Kenneth D. Baker - E. a' - The design and processing of a Final Development Plan and the development of the proposed project will occur as market conditions allow. - r i i EXHIBIT 4 i r _ i i U .1 tr, r. ep ti 1 I ~ tt N l t: -4 ti T~` I; ri-c t ! EIMIT 6 5 w ~v m A m h a s a, y N O s' S' n, N R N t7 R F 1 ential xistiit, "Vacant Lard "Commercial Land ~Instiluticnil Office Uses FFarls Indast'ia[ Fruitdale Sub-,area Plan n)twe Land [T ;,e Coacept 47th Aye, Prese( a as Use/ ti~+ a onservati o'ti Single Family MAUI e. K R CO -0 [D 0 C+7 Single F amiy Potei'al Futu-e CD Land Uses City of lVheatRicge Duplex Subcrez 75COWe2t23thAu2nue 0 130263 523 780 1Ado c N J11f: MuHtPamily r- Bourdaiy yVheatRidge C] ~CKt2-8001 to EXHIBI 1 7 ON of Wheat~idge Coutitunri tDEVELOPMPNT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: March 18, 2009 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Wheat Ridge Municipal Building Lobby Conference Room 7500 W. 29`x' Avenue Wheat Ridge, CO 80033 Property location: 11808 W. 44`x' Avenue Applicants : Mike Pharo (land planning consultant for owner) 7777 S. Depew Littleton, CO 80128 303-783-3772 Hari Sach 11808 W. 44°i Avenue Wheat Ridge, CO 80033 888-311-4497 Property owners: Hari Sach 11808 W. 44th Avenue Wheat Ridge, CO 80033 Property Owner(s) present? Yes Existing Zoning: Unrestricted C-1 (northern one-third), restricted C-1 (southern two-thirds) Comprehensive Plan Designation: Community Commercial Center (northern one-third), Single Family Residential (not to exceed 4 do's per acre) (southern two-thirds) Applicant's Proposal: The owner of RV America would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the rear portion of the property are restrictive and essentially limit the property to be used for RV storage. The rezoning would expand the allowable uses beyond the RV storage limitations on the central and southern portions of the property. The uses would generally follow the uses allowed in the existing C-1 zone chart. Some of the more intense uses allowed in the C-I zone district will be excluded from the list of allowed uses. EXHIBIT 8 Consideration will also be given to the surrounding low density neighborhood when uses and development standards are established for the areas immediately adjacent to them. Existing Conditions: The property is 3.5 acres in size and is located on the southwest comer of W. 44t" and Tabor St. The adjacent properties along W. 44°i are zoned C-1 with the exception of a small area on the property to the west, which is zoned C-2. The areas to the south of the property are zoned A-1 developed with single family homes and open space. As Tabor St. extends south of W. 44`x' Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley (20') and provides access to the residential lots to the south of the property in question. As Tabor St. extends to the north of W. 44`x' Ave., it is the only street that provides access over I-70 in between Ward Rd. and Kipling St. There is currently no access to the property from Tabor Street. The following issues were discussed: What is happening with the CDOT project for relocation of ramps and related improvements on 44th Avenue? The new I-70 on and off ramps will be located to the west of Heinie's Market encompassing most of the Public Storage property. Improvements to 44t1' will include widening, installation of curb, gutter and sidewalk and installation of raised medians which will limit access to _ many of the adjacent properties to right-inlright-out only. The subject property will have no left turn access to 44`h Avenue with the two existing accesses limited to right-inlright-out. Will a traffic signal be installed at the corner of 40' Avenue and Tabor? If the property is redeveloped and generates sufficient traffic to meet "warrants a traffic signal would be installed. On the drawing, why is there a line drawn through the middle of the property? The line will be used to designate two district use areas. The northern portion adjacent to 44'h Avenue will have higher intensity uses more oriented to impulse purchases such as fast food restaurants. The southern portion will have less intensive uses and development standards more appropriate adjacent to residential development such as a 35' height limitation where the front piece height allowance will be 50'. What are the uses being proposed? The uses listed were taken primarily from the C-1 permitted use list with many of the undesirable uses eliminated. A few of the eliminated uses include adult entertainment establishments and car repair facilities. Discussion of desirable uses continued. There was some sentiment that no development should be allowed. It was pointed out that visually, development may have less impact than currently exists with the RV storage. One of the desirable uses suggested was a landscape nursery. Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago? The last application for a change in zoning conditions was filed in 1999. The case was withdrawn after a denial recommendation was given by Planning Commission. It is the property owner's right to be able to apply for zoning modifications on his property. What is proposed for Tabor Street? If access is approved for Tabor Street, the developer will be responsible for dedication, widening and installation of public improvements from 44`h down to the new access point. No widening or improvements would extend to the south where residential access begins. It was indicated from the attendees that people drive down Tabor where there is no turn 2 around requiring turnaround using private driveway. This type of intrusion into the neighborhood has included delivery vehicles and even semi trucks. It was posed whether the City would be agreeable to physically restricting access such as gating. This is doub~ful due to emergency access issues. 3 ()I -P~l co N l . a W 7 j IL W G G n M D Cn p N m N ~ Z7 --I o C S 1~ G M M s (D O M N O ca D~ O j Q X < 00 D 000 CD '3. p O C) p O M Do CD a c ~ O N O O (D 0. n O 0 m m Q. a? 0 O op Z ED M Sn S ti O N Q. O E CD CD ca I EXHIBIT 9 I I Qc) 00 v d7 U1 W N C) ll~ O I~ N d'1 City of Wheat"i ge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. May 4, 2009 Mr. Michael G. Pharo Michael G. Pharo Associates, Inc. 2835 West Oxford Avenue #6 Englewood, CO 80110 303.783.3772 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Hari Sachanandani Outline Development Plan. Dear Mr. Pharo, I have completed the first review of the above referenced document received on April 29, 2009, for the re-zoning proposed for 11808 W. 44th Avenue, and I have the following comments: Outline Development Plan 1. Pertaining to the Legal Description: a. The metes and bounds portion of the Legal Description must conform to the Current City Datum, which is a modified (ground-based) form of the NAD83/92 State Plane coordinate system. (Please see attached sheets to assist you with the rotation). b. Include a tie to the section. Please be advised that the Basis of bearing line will need to be a section or quarter-section line per the Municipal Code of Laws. (FYI: The south line of the NE of Section 20 is N89'09'1 8"E per the official City ROW maps). c. Please include the True Point of Beginning (T.P.O.B.) and Point of Commencement (P.O.C.). 2. Please show the existing lot lines using a very light or shaded linetype. 3. Please show the "20.00' WIDE AREA RESERVED FOR FUTURE RIGHT-OF-WAY" as running the full length of the Tabor Street frontage, as indicated on the redlined Plan. 4. You need to include three notes pertaining to the above-mentioned 20' ROW Reservation: a. No permanent structures shall be allowed within the 20' ROW Reservation area. b. The northerly portion of the reserved area that is necessary to construct the Tabor Street hQP entrance for Development Area B shall be dedicated to the City of Wheat Ridge at the time of the Final Development Plan. c. The residual portion shall remain as a 20' ROW Reservation until such time as future development in the area necessitates Tabor Street to be constructed to City standards across the entire frontage of the subject property. 5. Need to show the following on the plan view: a. The bearings & distances for the boundary of the subject property. FYI - the westerly ROW line for Tabor Street is N00°26'3 1"W per the official City ROW maps. b. The tie to the section. c. The T.P.O.B. and P.O.C. EXHIBIT 10 NOTICE OF PUBLIC HEARINGS Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on June 18, 2009, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29u Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following cases shall be heard: Case No. WZ-09-03: An application filed by RV America for approval of a zone change from Commercial-One (C-1) and Commercial-One with conditions to a Planned Commercial Development and approval of an outline development plan for property located at 11808 W. 44th Avenue and legally described as follows: THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1, LEE'S SUBDIVISION, WHICH POINT BEARS SOUTH 89°13'07"W, A DISTANCE OF 10.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 11; THENCE S00°25'06"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939; THENCE S89°23'08"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE SOUTH 86048'19"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00°25'06"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11; THENCE N89°13'07"E ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 321.90 FEET TO THE POINT OF BEGINNING, CONTAINING 154,632 SQUARE FEET OR 3.550 ACRES, MORE OR LESS. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: June 4, 2009 e14 9 BANK OF NEW YORK TRUSTEE JOHN V BUDD FAMILY TRUST 400 COUNTRYWIDE WAY SV 35 1601 S LANSING ST SIMI VALLEY CA 93065 ATJRORA CO 80012 7008 3230 0003 5514 7482 KOELTZOW MICHAEL E KOELTZOW CATHY L 4291 TABOR ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 7475 DEPARTMENT OF TRANSPORTATION 4201 E ARKANSAS AVE DENVER CO 80222 7008 3230 0003 5514 7468 HOBBS ARLENE EDITH LEMASTER JACQUE MARIE 2675 ARLINGTON DR APT 204 ALEXANDRIA VA 22306 7008 3230 0003 5514 7352 2220 RAND LLC 11930 W 44TH AVE 200 WHEAT RIDGE CO 80033 7008 3230 0003 5514 7444 7008 3230 0003 5514 7437 7008 3230 0003 5514 7451 ISQUITH GEORGE L ROCK ROBERT J TRUSTEE VON BREHM GEORGE 4350 TABOR ST ROCK PHYLLIS G TRUSTEE GRODITSKI ERLINDA E WHEAT RIDGE CO 80033 4300 TABOR ST 4502 S ROBB ST WHEAT RIDGE CO 80033 LITTLETON CO 80127 7008 3230 0003 5514 7420 7008 3230 0003 5514 7413 7008 3230 0003 5514 7406 FISHER RODNEY W GIESELER FAMILY ST DAVISON D N LINDA T GIES DE ROSIER JOHN A 8360 SNAFFLE BIT CT 472W 4410 TP~B(pR 31 LITTLETON CO 80125 PH 85044 WHEAT E 018 033 7008 3230 0003 5514 7390 7008 3230 0003 5514 7376 7008 3230 0003 5514 7383 PROSPECT PARK CAMPGROUND 11808 W 44TH LLC C & D INVESTMENTS 11600 W 44TH AVE 11808 W 44TH AVE 11722 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7008 3230 0003 5514 7369 7008 3230 0003 5514 7345 HOEFER DENNIS L HOEFER CHERYL A 11722 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 7338 7008 3230 0003 5514 7321 PUBLIC STORAGE INC PO BOX 25025 GLENDALE CA 91201 MEAKINS DORIS H 4340 TABOR ST WHEAT RIDGE CO 80033 SILZ HEINZ N SILZ THEA M 15745 HWY 34 FORT MORGAN CO 80701 7008 3230 0003 5514 7314 7008 3230 0003 5514 7307 4 4o odd O City of a' Wheatj ,qge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE June 4, 2009 Dear Property Owner: This is to inform you of Case No. WZ-09-03 which is a request for approval of a zone change from Commercial-One (C-1) and Commercial-One with conditions to a Planned Commercial Development and approval of an outline development plan for property located at 11808 W. 44th Avenue. This request will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on June 18, 2009 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. WZ0903.doc w .cimheatridge.co.us 5E 17 A-1 0 ]_~lm f C-1 wz- 865 R I A-2 Wz-14118 WZ-848 PID LAK.EMONTCENTER PCD TABOR PROFERTIE5 - - A-1 Wz151 - PCD Wz-98-11 C-1 PCD I - - R-C w"a AVE & a ~ 8 0 5HUMWAY rc PE-CUD PEARL u sup-041 OFTHE C-1 VALLEY 5UB - A-2 C-1 A.M.T. DEVELOPMENT WZ-948 CORP. PARK SUB C-2 A-1 N A-1 DAV15HER 50 W 842E WZ-9618 MS-945 PR05PECT PARK PLACE wz-e4z I wz-as PCD WMa l a Wz-8412 5E 20 OFFICIAL _ ~~o NE 20 PARCEULOT BOUNDARY ZONING MAP (D ESIGNATES OWNERSHIP) WHEAT RIDGE -----WATER FEATURE COLORADO ` DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN 0 100 200 ~00 400 eed la~ (APPROXIMATE LOCATION) L DEPARTMENT OF MAP ADOPTED: June 15, 1994 °a•° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 BANK OF NEW YORK TRUSTEE JOHN V BUDD FAMILY TRUST JOHN UDD ILY TRUST 400 COUNTRYWIDE WAY SV 35 1601 S LANSING ST 1601 S LPol G ST SIMI VALLEY CA 93065 AURORA CO 80012 AURO 0012 HOBBS ARLFNE EDITH HOBBS ARLENE EDITH DEPARTMENT OF 2675 G ON DR APT 204 LEMASTER JACQUE MARIE TRANSPORTATION 267 RIA VA DR A 2675 ARLINGTON DR APT 204 4201 E ARKANSAS AV E 22306 ALEXANDRIA VA 22306 DENVER CO 80222 KOELTZOW MICHAEL E ROCK ROBERT JOSEPH TRUSTEE KOELTZOW CATHY L ROCK P14YLLIS GERTRUDE MEAKINS DORIS H 4291 TABOR ST TRUSTEE 4340 TABOR ST WHEAT RIDGE CO 80033 4300 TABOR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GIESELER FAMILY TRUST VON BREHM GEORGE ISQUITH GEORGE L LINDA T GIESELER REVOCABLE ERLINDA E GRODITSKI 4350 TABOR ST TRUST 4502 S ROBB ST 4502 S WHEAT RIDGE CO 80033 4410 TABOR ST LITTLETON ON CO O 80127 WHEAT RIDGE CO 80033 FISHER RODNEY W CITY O WHEAT RIDGE DE ROSIER JOHN A DAVISON DIANE L 7500 W 2 TH E 8360 SNAFFLE BIT CT 4722 E VERBENA DR WHEAT GE CO 80215 LITTLETON CO 80125 PHOENIX AZ 85044 PROSPECT PARK CAMPGROUND OSPECT P CAMPGROUND C & D INVESTMENTS LLP L E 11600 W 44TH AVE 11600 4TH AVE 11722 WHEAT W 44TH RIDGE AV 80033 WHEAT RIDGE CO 80033 WHE CO 80033 HOEFER DENNIS L 11808 W 44TH LLC 11808W TH L HOEFER CHERYL A 11808 W 44TH AVE 11808 W 44 E 11722 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RID CO WHEAT RIDGE CO 80033 80033 11808 44 LLC 2220 RAND LLC SILZ HEINZ N 574 THEA M SILZ 11808 WAVE 11930 W 44TH AVE 200 1 WHEA RIDG CO 80033 WHEAT RIDGE CO 80033 FORT MOR A GAN CO 80701 SILZ HEINZ N PUBLIC STORAGE INC SOLZ T A M 0 PO BOX 25025 1 74 F ORG AN CO 80701 GLENDALE CA 91201 O M Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 303-235-2857 (Fax) TO: Meredith Reckert, Senior Planner FROM: Patrick Goff, Executive Director_('/ RE: WZ-09-03/Sach (RV America) DATE: June 17, 2009 At the WRURA meeting on June 16, 2009, the Board made the following finding regarding the above-referenced case: The proposed use is not in conformance with the West 40 Avenue and Ward Road Redevelopment Plan. The current Plan recommends that the land use for the subject property should be Community Commercial on the northern portion and Residential on the southern portion. The requested zone change to Planned Commercial Development would allow for a variety of commercial uses. However, the Authority Board finds that due to the proposed I-70 access ramp relocation, the nature of the area will change making commercial uses on the subject property a more viable option. In addition, more specific redevelopment information may show that a mix of uses on the subject property could be found to be in compliance with the current West 40 Avenue and Ward Road Redevelopment Plan. Michael G. Pharo Associates, LLC June 16, 2009 Ms. Meredith Reckert Senior Planner 7500 West 29t" Avenue Wheat Ridge, Colorado 80215 Re: Sach Property : 11808 West 44`x' Avenue Dear Ms. Reckert: The purpose of this correspondence is to provide a response to those items raised by your office in the review of the CDP submitted for Mr. Sach's property. Your letter to me was dated May 15, 2009. In numerical order as provided to me, our response follows: 1. Provide a title for the document. Staff would suggest RV America Planned Commercial Development. We have accepted your recommendation and titled the drawing accordingly. 2. Under "Allowed Uses", in the second line, correct the spelling of `facilities". Done 3. Under use #6, eliminate the double period in the last line. Done 4. Under use #46, specify that warehousing as ancillary to an Office use should not exceed 25%. Done 5. Under "Development Criteria', modify the front building setback as being 0' - 20' as designated in the contemporary overlay district in the Architectural and Site Design Manual. Done 6. Under "Development Criteria", specify the landscaping and pedestrian access should be consistent with the Architectural and Site Design Manual. Done 7777 South Depew Street Littleton, Colorado 80128 303-783-3772 2 7. Under "City Council Certification remove the second period. Done 8. Under "City Council Certification provide a solid signature line for the City Clerk. Done 9. Under "Project Contacts", update your address. Done 10. Under the case history box, add the following case numbers: WZ-92-12, WZ-98-02, SUP-98-02, WZ-99-03, WZ-09-03. Done 11. Show existing topography at 5' intervals. We have not done this since no topography is readily available. On this relatively flat site, five-foot contours may not be meaningful. We will provide topography, probably at one-foot intervals, at the time of FDP to support the drainage study. 12. Show tentative use areas including buildings, parking and landscaping. This has not been done at this time. I believe this generalization of land use placement on the site is too restrictive for maximum development flexibility. I will provide graphic examples of several site designs which I believe possible on the site, each of which reflects the opportunities and constraints of the property. 13. Add the following note: "This outline development plan is conceptual in nature. Specific development elements such as site layout and building architecture have not been addressed on this document. As a result, a non-administrative amendment to this outline development plan must be submitted and approved by the City of Wheat Ridge prior to the submittal of a final development plan and any subsequent site development. " Done 14. Under "Allowed Uses modify the second, third and fourth line as follows: 11 upon approval by the Community Development Director through a SUP process prescribed in Section 26-114. " Done 15. Under use #52, correct the spelling of "storage Done There were other items referenced in your letter but not listed numerically. The items and my response are as follows: It is understood that Staff does not support self-storage as a permitted use on the southern portion of the site. We are retaining that use for now since it is envisioned to be a secondary use to the primary use located to the north. Self-storage will also be compatible with the surrounding residential uses. The smaller site size may make the use unmarketable to the larger users, but the small secondary site size may make the area functional in some capacity. Consideration of a specific end user is not a part of this submittal. We recognize the concept of having any drive-through to the north rather than the south. One of our illustrative site plans shows what we believe to be an acceptable drive-through more to the center of the site. Could this determination be left to the specific FDP submittal? In a May 15, 2009 letter to me from Dave Brossman, several comments were provided pertaining to the survey. It is my understanding that Bomcngineering has amended the legal description as reflected on our re-submittal. Bearings and distances have been added to the Schematic plan as requested. We have not shown a 20-foot right-of-way reservation for the entire length of the Tabor Street exposure as requested. We have proposed a 20-foot dedication for right-of-way expansion of Tabor Street contiguous to commercial land use access which then transitions to the existing residential lane to the south. We strongly object to any "reservation" which in essence "takes" Mr. Sach's land when it is not needed for the project and there is no timetable to improve Tabor Street to the south. Also, we object to Mr. Sach's request for rezoning as the catalyst for proposing an improved residential street into the existing residential ownerships to the south. As we discussed, there will likely be additional adjustments to our submittal as we continue on. Please let me know if I can do more at this time. Sincerely, Michael G. Pharo MGP/kp c: Hari Sacb-RV America Tom Nicholas-Bomengineering Dave Brossman REVIEW 1 SECTION 27S This drawing was created in a newer version of AutoCad®. R: Civil 31) 2009 works on the Civil 31) 2007 platform. I made sure to save the drawing specifically as 2007, however, there are several functions in 2009 which are not available in 2007. This is the most likely reason for any messages that say the drawing was saved by anew version. There shouldn't be any differences with any of the information. 2. I provided the page number on the drawing (26). R: Noted. 3. Provide reception numbers for the south section corners. R: I am not sure what the receptions numbers should be. 4. Were the section corners located? R: The sections corners were field located. The Civil action is No. 32989 Division 3 and Ordinance 30 Series 1970 as recorded at Reception Number 87081978. R: Noted. 6. Double check that the last sentence correctly represents this V2 section. There are no notes or hatching shown with this drawing. R: The last sentence of the Surveyor's Statement has been removed. REVIEW I SECTION 16S This drawing was created in a newer version of AutoCAD& Please back-save to AutoCAD® 2007. R: Civil 3D 2009 works on the Civil 3D 2007 platform. I made sure to save the drawing specifically as 2007, however, there are several functions in 2009 which are not available in 2007. This is the most likely reason for any messages that say the drawing was saved by a new version. There shouldn't be any differences with any of the information. 2 Please set the layer colors to "bylayer". R: The drawing is already listed as "bylayer" but I repeated the command just in case. 3 This line appears to be from another drawing; please remove. R: Said line has been trimmed.. 4 This line is from Wheat Ridge Industrial Park Sub. - is it necessary? If not, please remove. R: Said line is now removed. 5 The ROW for Miller Street doesn't match up at the northerly boundary of 16S where it meets 16N; there is about a 0.3' westerly shift in 16S (or easterly shift in 16N). Please correct this so the ROW lines and CL align at the match line. This might have been missed during the QC checks from the GIS Phase III. R: Said alignment has been revised. 6 Incorporate the ROW points for Miller St. from the Current City drawing into the revised 16S Half-Section map. R: ROW points from current City drawing shall be moved into the half section map. 7 FYI some layers outside the city limits will have to be deleted. R: Information outside the City limits has been removed. 8 Be sure all lines along the Miller Street ROW align with the corresponding ones in 16N (there appears to be about a 0.3' westerly shift), and adjust the ROW CL as necessary. R: Said alignment has been revised. 9 There is a gap in the CDOT hatching at Robb Street, and also at Miller Street; please correct or draw the lines if there are supposed to be ROW-PRIOR lines to define the area crossing the interstate. Also, if the previous ROW lines are no longer valid, the associated (deed) text will need to be moved to the appropriate layer (ROW-PRIOR) as well. R: Flatirons, Inc. has not normally been changing any information regarding the ROW-PRIOR layer. 10 FYI... Another issue associated with #5 above, the City boundary along the easterly side of Miller Street should extend to the BNSF Railway ROW (which is about 25' north of the northerly line of 16S). This of course affects Half-Section 16N rather than 165, but was discovered during this check of 16S. In 16N, per the call found in the Arvada Ridge plat legal description; the easterly ROW line of Miller Street should extend to the southerly ROW line of the railway. Either the boundary needs to be extended or the railway line is not located correctly. This was apparently also missed during QC process for the original GIS Phase III project, in which the City boundary Legal was re-defined as a bounds-only by Flatirons. R: Flatirons, Inc. shall review the boundary. Reviews completed by: CHB - 04/23/09 DFB - 04/27/09 REVIEW 1 SECTION 17N This drawing was created in a newer version of AutoCad®. R: Civil 3D 2009 works on the Civil 3D 2007 platform. I made sure to save the drawing specifically as 2007, however, there are several functions in 2009 which are not available in 2007. This is the most likely reason for any messages that say the drawing was saved by a new version. There shouldn't be any differences with any of the information. 2. I provided the page number (7). R: Noted. 3. Provide reception numbers for the north section corners. R: I am not sure what the receptions numbers should be. 4. Show the endpoint of the ROW of 52nd Ave. R: Endpoint of ROW is now shown. 5. Show the extents of the current Rights of way on 52nd Ave. R: The vacated portion is now reflected in the ROW current layer. 6. Double check that the last sentence correctly represents this %2 section. There are no notes or hatching shown with this drawing. R: The last sentence of the Surveyor's Statement has been removed. REVIEW 1 SECTION 20N 1) This drawing was created in a newer version of AutoCAD®. Please back-save to AutoCAD® 2007. R: Civil 3D 2009 works on the Civil 3D 2007 platform. I made sure to save the drawing specifically as 2007, however, there are several functions in 2009 which are not available in 2007. This is the most likely reason for any messages that say the drawing was saved by a new version. There shouldn't be any differences with any of the information. 2) Please reset all layer colors which may have been modified back to "BYLAYER". R: All layer colors listed as by layer. 3) Show the section corner reception number S(84104806) on the l9n SECT-DATA layer. R: Said corner reception number is now on the drawing. 4) Adjust hatch to fit CDOT property. R: Hatch has been adjusted. 5) Please adjust the Surveyor's Statement; the signature block currently hangs down lniU Me title blocx. R: Surveyor's Statement has been relocated. 6) The 20n ROW-CURRENT line is outside of the City boundary along this are of W. 44th Avenue. Shouldn't the City boundary line be moved to match the ROW line? R: Said City boundary line has been adjusted. Reviews completed by: CHB - 04/25/09 DFB - 04/27/09 REVIEW 1 SECTION 20S 1) This drawing was created in a newer version of AutoCAD®. Please back-save to AutoCAD® 2007. R: Civil 3D 2009 works on the Civil 3D 2007 platform. I made sure to save the drawing specifically as 2007, however, there are several functions in 2009 which are not available in 2007. This is the most likely reason for any messages that say the drawing was saved by anew version. There shouldn't be any differences with any of the information. 2) Please reset any (edited) layers colors back to "bylayer". R: All layer colors listed as by layer. 3) Please adjust the statement block; it extends down into the title block. R: Surveyor's Statement has been relocated. 4) Show or create A control points. R: Along the centerlines of W 40`h Ave. and Youngfield Service Road I have now added centerline points number 9287-9290. The Intersection Points. csv file has been appropriately updated. 5) Show or create ROW on SH 58. R: After checking the JeffCo Website and the new March, 2009 Assessor's Map, it appears that there are newly recorded right of way deeds which Flatirons, Inc. has not yet seen. If you could send us a copy of the deed recorded at 2006018786 we will analyze the data and update the map. Also, is this area now considered City right of way or does it still belong to the county. If it does belong to the City of Wheat Ridge the City Boundary description will need to be revised. 6) It appears that the ROW for SH 58 extends past the south ROW line in this area. R: See response to #5, above. 7) There appears to be a 1.81' westerly shift in the ROW-CURRENT lines from the match with 20N for Vivian Street. Please correct this so the ROW lines align across the section (match) line. R: I found a 0.2' shift which is reconciled Reviews completed by: CHB - 04/25/09 DFB - 04/27/09 REVIEW 1 SECTION 29N 1) This drawing was created in a newer version of AutoCAD®. Please back-save to AutoCAD(M 2007. R: Civil 3D 2009 works on the Civil 3D 2007 platform. I made sure to save the drawing specifically as 2007, however, there are several functions in 2009 which are not available in 2007. This is the most likely reason for any messages that say the drawing was saved by anew version. There shouldn't be any differences with any of the information. 2) Please reset any (edited) layers colors back to "bylayer". R: All layer colors listed as by layer. 3) The subdivision will be revised (or provided) when you get the maps from the city and new easements and ROW will be added. A new layer will (or need to) be added for the As Recorded Plat. R: We will await the new information. 4) The ROW doesn't agree with some of the previous 70 West Business Center subdivisions. Ed needs to look at these to clarify current location of the ROW and define the location of the A control points. R: Ed has reviewed the individual subdivisions and their respective rights-of- way and has concluded that the configuration, currently shown hereon, is the best-fit solution. 5) DEB added the D-U easements and 10' ROW dedication w/corresponding deed reference for the Prospect Ridge Subdivision along this portion of W. 38chAvenue. The old line lying to the north will need to be deleted (it could not be modified by DEB - apparently due to the newer version of AutoCAD being used by Flatirons). Please delete the old ROW-CURRENT line "hanging" out in 3&h Avenue, which appears to be associated with a block/group of the Applewood Ridge Subdivision. R: The line which was in the new 38'x' Ave. right of way has been deleted. (There were no groups in the drawing so I'm not sure why that group of lines was acting like that.) There were two areas which were marked as applying to Note #5. I am not sure what may be needed for the area circled around Urban Street. Reviews completed by: CUB - 04/25/09 DEB - 04/27/09 M h A i ~ l _ = - • u one eve o me P L t 11 Lee s Sly 1V1S A a~ o 0 I 7/ _ i ..a.. .per.. ..rrw. .rm. ,xr m ..su. .w1lr j~ Vicinity Map S+Ad6A9~~Ai8KP.. - "xoom ~ goo ~a _ { 'o 3i ffi W r Ax k ~a~ ■ r~., ~ ~ , ~ .w_ i n+ v. r a r. T:^ ~ ~ ~ ~ rvWLntl Gwp. •r .rr~vt ave t S y u- I O Y i +ac,G. q - i n cv.~ >.s, ccs ~ ' ,tn ii- ~s . ~i~4 i_ 1 Legal Description: ~ ~ THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S .a--.~ SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE F - ` RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED 1N QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET - - - - THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED as FoLLows: ~ ~a. uasiry vernm 29. Groce or conv ~ y = ! ~ (ice BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1, LEE'S FUTURE FULL 30. Hair, nail and c ~ Mo'~EMENt 31. Hardware stores - i SUBDIVISION, WHICH POINT BEARS SOUTH 89°13'07"W, A INT~RSEGtION 32. Hobby and craft 'I DISTANCE OF 10.00 FEET FROM THE NORTHEAST CORNER OF SAID ~ 33. Home furnishin „ S.~` 34. Hotel, motel t. LOT 11; h'► 35. Interior decorati 36. Jewelry stores THENCE S00°25'06"E ALONG THE WEST RIGHT-OF-WAY LINE OF `~~C` 37. Laundry and dr Pub MOl/EMENT ~ 38. Leather goods a ,oe Ess , pb 39. Linen supply TABOR STREET, A DISTANCE OF 478.93 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM - -i DEED RECORDED AT RECEPTION NO. 93127939; 40. Liquor stores ° 41. Meat, poultry o 42_ Mesiical and de E or convenience stores na as um s 1 an cosmetic services THENCE S89°23'08"W ALONG THE NORTH LINE OF SAID PARCEL, A ° ii ii e stores an ome ~m rovement su yes wit no ~ ox items DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID r~r~ nr~aft o4nrac PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. S 93127940; °L~ ` j THENCE SOUTH 86°48' 19"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST ~ ' ~f i j CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00°25'06"W ALONG THE WEST LINE OF THE EAST HALF j OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST - 1 t CORNER OF THE EAST HALF OF SAID LOT 11; - THENCE N89°13'07"E ALONG THE NORTH LINE OF SAID LOT 11, A z~~p 'r G-1 ~ G-2 DISTANCE OF 321.90 FEET TO THE POINT OF BEGINNING, T~~ STORE CONTAINING 154,632 SQUARE FEET OR 3.550 ACRES, MORE OR ~ ~ LESS. ' ,x i Ownership Statement: _ _ _ _ J The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. zONED A-1 Unified Control Statement. OPEN SPACE 1 The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. Should market/business conditions require a sale of the property, that ~l _ _ J owner would be obligated by the conditions of this document. `':1 1 j f 5i Statement of Existing Zoning: X c s The property is currently zoned C-l, Commercial-One with conditions. .~i The conditions limit allowable uses in this Gl District to RV sales and storage. j t Y ~l ~ Character/Intent of Development: j-. :3 t. Development of the property will be accomplished in a manner consistent with ~L- the planning design and development criteria of the City. Site conditions which will be reflected in the development include the existing commercial M -_-_r uses adjacent to the northern portion of the property, the residential and open { uses to the south, and the changing vehicular access and circulation patterns along West 44th Avenue which are the result of new on/off ramps to I-70. It is the intent of this document that the final use or uses be of higher intensity to i~ the north -lower intensity to the south, or that blended use or uses be properly designed or transistioned into the property. This intensity/design/transistion ~ 1 tit 1 l 1 t 1 • f 1 Y concept mciuaes recognition or Tana use types, nuiiamg aesign, neigncs ana SINGLE FAMILY .5 t ,N-lugc..u1 ~.aW; I-.awb. 2835 West Oxford Avenue, ~3ornengineenng s. Wza setbacks, vehicular access and perimeter screening. Schematic Plan: Landscaping: Land Landscaning shall be a minimum of 20% of the total lot area. Landscape „R r~.:.nn " "nr 1 1 '2(1 Wact 1 7dt'h Ax Phasing: 1 11=501-011 / design and pedestri s- The design and processing of a Final Development Plan and the development of the ` proposed project will occur as market conditions allow. a r Y~ !J =MINI ~F i r ~ • u Ine eve o nr~ AP f ent Plan in the City of Wheat Rid Z(1 Tn~xmchir~ ~ Cn»tl~ Ran~P hA WPCt of tl~ ~r art o Lot 11 L 1 1 ee s Su v s i t Vicinity Map ~r zo~m d r ;~i~ r -n six, ad r~ ~ ~fi7 ~ , !Y" r^ F~`~ E a ~,~i p~, r~.~;rt t-i cn W e 1~C9,i, yAWi sY ?-lil. AYe ~W Zvi i P ~ ~ r~~ ~,o,- .,:z i t ,~,~~n,~ ~~~~dA~~ Q Y'i:. < 1 1' e~ i a r~ ~ ~ ~ O G2l5~.~.,•4u¢ne tt"c 5 uata UY' eaAVT~4Gt t .e~+L..~~, ~ \ e 1 O Legal Description: sr 1 THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S j SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND F~~ DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION ~ Y...._~,..~ NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET - - - - ~ .t THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION P 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL ~ MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, ~~ti STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED ^ S a~ ruLLUw~: ~o ua~i uvciiiiii 29. Grocery or con FUTURE FULL 30. Hair nail and c MOVEMENT 31. Hardware stores ~vciiiiiiciiwi uuiiuiii~s auu uiiit;c~, ~Ul:ll cl~ 11IG ~lQl1UI1~~ 11UidI1G5~ GU;. W1LI1 IlU UUL~!(1C SIUTA~C ~ Pu:~°,~~~u~~lr~t~D G~r,~t~~.~~r- G Bdv.v~s or convenience stores, no gas pumps 1 and cosmetic services BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1, LEE'S nC 4~. b• G 'e stores and home improvement supplies with no "big box" items County Clerk and Recorders nd craft stores This document acce ted for filin in the office of the ~rnishin~ stores p g i a . SUBDIVISION, WHICH POINT BEARS SOUTH 89° 13'0'7"W, A ~ . D ~ INTER5EGt10N 32. Hobby and craft ~f the County Clerk and Recorder of DISTANCE OF 10.00 FEET FROM THE NORTHEAST CORNER OF SAID ~ 33. Home furnishin ~ 34. Hotel, motel LOT 11; 35. Interior decorati 36. Jewelry stores otel Jefferson County at Go1_den, Colorado, on the _ d iecnratina anti fiirniti~rP ~inhnlctPrv chnnc _ r, _ THENCE S00°25'06"E ALONG THE WEST RIGHT-OF-WAY LINE OF I,~ ~ TABOR STREET, A DISTANCE OF 418.93 FEET TO THE NORTHEAST j ( 37. Laundry and dr FULL MOVEMENt ~ 38. Leather goods a ,4ccES5 39. Linen supply 0 CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM ~o~,,~ vo DEED RECORDED AT RECEPTION NO.93127939• G"~~'`''~' 7 5a ~ ~s Tx ~ 40. Liquor stores Q ~ ~ tJ~~~:_ w~►~n''T~ lcfil ,i~h ~ ~ 41. Meat, poultry o y 42. Medical and de D~V~~p~M~~t ~~~,a, ,a, ~ zONEp G-1 43. Music stores p THENCE S89°23'08"W ALONG THE NORTH L~~E OF SAID PA DEL, A ~°l '~'Oi"6S~'~C~ ~ ~~a~ %w, } i v ~ DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID "T~"` ' ~A"iJ6 ~ ~ ' CUMBER YARD 44. Newsstands rf PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF ~ ~ ~ ups f~ ~~f ~y 45. Office supply st r ~ 46. Offices: general LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. i ~ ~.W~ 93127940; << 47. Optical stores ' ~ ~ 48. Paint and wallp x ~x ~ ~ ~'NCc.~a~ A- 13R~stS of THENCE SOUTH 86°48'19"W ALONG THE NORTH LINE OF SAID ~ 4 ~ ~ PARCEL, A DISTANCE OF 165.96 FEET T4 THE NORTHWEST ST~~"~ ~ ~ CORNER OF SAID PARCEL AND A POINT ON THE WEST LINE OF ~N~ ~s~ ~ ~ i ~~,q THE EAST HALF OF THE SAID LOT 11, S~"~~''`~'' `~R I~#~S~'~-~7on.~' ~ t..vE P~ G<~-y GoDE, mnl ~ THENCE N00°25'06"W ALONG THE WEST LINE OF THE EAST HALF ~ % ~ , Trt~ SouT~ of ~7~ ~E ~q o~`' OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST S~~D~ ~ N ~0~4,~ ~ $ t i ~A v CORNER OF THE EAST HALF OF SAID LOT 1 l; GC~.~~ ~ff~ 1. THENCE N89°13'07"E ALONG THE NORTH LINE OF SAID LOT 11, A G Gp2 f ~J DISTANCE OF 321.90 FEET TO THE POINT OF BEGINNING, TIRE and dry cleaning shops with drive through ~j ~ STORE ~ 't aoods and lu~ea~e stores iRFFFRC(1N ~''(1T INTY C'i.RRK ANTS RFC"(1R1)F.R s ~J CONTAINING 1.54,632 SQUARE FEET OR 3.550 ACRES, MORE OR PP1Y LESS. Ownership Statement: _ _ _ _ The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. r ►ultry or seafood stores/lockers 't ,ZONED ,4-1 and dental offices, clinics, laboratories Recorder Unified Control Statement: OPEN SPAG~ :f ores nds i i The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. apply stores Should market/business conditions require a sale of the property, that . general administrative, business and professional offices; ancillary warehousing ~llrvev~r'~ C~'erti fi e~.ti nn' 1 1 owner would be obligated by the conditions of this document. `';f 1 J 1 Statement of Existing Zoning: S~i' The property is currently zoned C-1, Commercial-One with conditions. 1 The conditions limit allowable uses in this Gl District to RV sales and i J L storage. 1N ~ Character/Intent of Development: Development of the properly will be accomplished in a manner consistent with ~ I r the planning design and development criteria of the City. Site conditions r~ which will be reflected in the development include the existing commercial ~ f - uses adjacent to the northern portion of the property, the residential and open _ ~ W ~ uses to the south, and the changing vehicular access and circulation patterns _ L~1 along West 44th Avenue which are the result of new on/off ramps to I-70. It is the intent of this document that the final use or uses be of higher intensity to f the north -lower intensity to the south, or that blended use or uses be properly designed or transistioned into the property. This intensity/design/transistion r~nn~ar~t inr~i~r~Pe rn~n~rnitinn of ~an~ ~~ca 4~mac }~iiil~inn rlneinn l~Ainli*c and i~ vvaavvrL aiiv.uuv.3 ivvvbiiaLavii vi aaaa.u u0v LJrv05 vuaiuaai5 1%4v.31 5 ii~ aivabiiLO uia%a J' INC:;L1= rfiMlLT ~IGED IOTU ;j r'[i vi uaw Landscaping: Land 235 West Oxford Avenue, #6 t3ornengmeenng s4 i setbacks, vehicular access and perimeter screening. Schematic Plan.: Y• Landscaping shall be a minimum of 20% of the total lot area. Landscape F.nulewnnrl l`nlnrarln 901 10 11'10 wP0 t 4th A-v Phasing: i ,-o„ so design and pedestriZ, ~-~C, TiZuL C~e~i ~"i" DF ' ^~'v~'v~'' • . and Architectural D The design and processing of a Final Development Plan and the development of the ~ Architectural: Arch proposed project will occur as market conditions allow. 3 S~zanc3~ -r'r c. ~ Pe ~ err- o~- Ce.ti.7~•ucc-~ ; accordance with the t i • u ~n e eve o m AP f - u _ - art o Lot 11 L ee s Ll 1V1S Vicinity Map a.i t- ,v .7 ~~~w~~v zoo m u,. r a suo ei a a ti 3 x. r~ z n.a...... q'.:,~,'.. 4 -~w`'bS`~,~ c ~~r-=r r - i I " ~~:~scpH .arn vi ent Plan in the City of Wheat IZid ~~fl~C~1lY1 t~l~ «TPCt ! ~ttt HL ~ _ ~ ~ ~ Q e E.;~.,z,... ~ ~ r _ 1 pl 3:'1~' SV 3iU~: O ti i ~ ~ ~ ~ I O s G2~s!~4 ~uem. _ a 'AVT~'c Ll i / i Legal Description: ~ THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S t" SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, I LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION ■ ■ NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET - - THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, Y _ - t- STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED S . a. 3. AS FOLLOWS: - - - - - 28. Quasi-governm 29. Grocery or con ~uTU~ ~u~~ 30. Hair, nail and c MovEMENT 31. Hardware store INTERSECTION 32. Hobby and craf ~ 33. Home furnishin 34. Hotel, motel t Vii. \,!1 1JV6i Y Vllll #7i,V1liU - ~Vert'tmental ~"flll~(~ln~'C anr~ tl~~!`PC Clt('~'1 ~rP etatinnc lil,r~riac ~tr► txryt~ nn n~~tc;r~r~ a+nrnrTa BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1, LEE'S SUBDIVISION, WHICH POINT BEARS SOUTH 89° 13'07"W, A DISTANCE OF 10.00 FEET FROM THE NORTHEAST CORNER OF SAID r_ LOT 11; h t 35. Interior decorati THENCE S00°25'06"E ALONG THE WEST RIGHT-OF-WAY LINE OF 36. Jewelry stores ~ 37. Laundry and dr ~n t t TABOR STREET, A DISTANCE OF 478.93 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED 1N QUITCLAIM DEED RECORDED AT RECEPTION NO.93127939; THENCE S89°23'08"W ALONG THE NORTH LINE OF SAID PARCEL, A `j DISTANCE OF 1.56.13 FEET TO THE NORTHWEST CORNER OF SAID Ycv r` PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; J! _ if THENCE SOUTH 86°48' 19"W ALONG THE NORTH LINE OF SAID . > t r e i PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST t j CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; i THENCE N00°25'06"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11; `R` THENCE N89°13'07'B ALONG THE NORTH LINE OF SAID LOT 11, A ZON~p C-1 4 G-2 DISTANCE OF 321.90 FEET TO THE POINT OF BEGINNING, STORE 1~ ''=E CONTAINING 154,632 SQUARE FEET OR 3.550 ACRES, MORE OR S 3 LESS. ' ' ` i Ownership Statement: _ _ _ _ The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. ~ x., ZON£D A~-1 Unified Control Statement: OPEN SPACE ■ The owner of the property is RV America, Inc. - Mr. Hari Sachanandani. I Should market/business conditions require a sale of the property, that s i owner would be obligated by the conditions of this document. ` Statement of Existing Zoning: . The property is currently zoned Gl, Commercial-One with conditions. ` The conditions limit allowable uses in this G 1 District to RV sales and L_ i storage. 1 Character/Intent of Development: ~ y Development of the property will be accomplished in a manner consistent with I l the planning design and development criteria of the City. Site conditions ~t. i t which will be reflected in the development include the existing commercial ~ ~ ■ uses adjacent to the northern portion of the property, the residential and open uses to the south, and the changing vehicular access and circulation patterns T ~ 1 along West 44th Avenue which are the result of new on/off ramps to I-70. It is the intent of this document that the final use or uses be of higher intensity to r• the north -lower intensity to the south, or that blended use or uses be properly designed ar transistioned into the property. This intensity/design/transistion concept includes recognition of land use types, building design, heights and SINGLE FAMILY Ridge Code of Laws Michael U. Yharo Associates, Inc. Surveyor: of Laws. 2835 West Oxford Avenue, #6 Bornengineering to be determined setbacks, vehicular access and perimeter screening. Schematic Plan: Landscaping: Land design and pedestria Landscaping shall be a minimum of 20% of the total lot area. Landscane n , ,')IN .3r,,..4 ,s,,~'L e :ring d-,,~ _ 1 C rlrbnrt Phasing: 1 11=501-011 and Architectural D Architectural: Arch accordance with the The design and processing of a Final Development Plan and the development of the proposed project will occur as market conditions allow. -i sY tl p I ~ II j I LLI I~ I' !I , C j I it I I III / i I ~I I I it I I i II I i i b, i I II I ~I I i I I I I I i ~I III ~ I II 1 1 1 I 1 1 1 1 1 1 ' I I I I I i I I I I I I I 6,pC[I5i E P~G. I ' I I 'I II I, 1 5 Gx.L- BL GI CPl'-W.E. S' TALI ~lLlAxi MII:C U. i II I A I I 11 ' JI I ,O I I~ I II P Pry I I 1 1 6 ' li ' I I I I ~a t I e~ 014. x~ iA.t l BALLAPJ I I I I I it II I I I I it I ' / \ \ s4 4qWNB i Iwc[ 6LB6R5 IT xI.x i \ \ 1 ~'i, I I = - ~,E• iALL BLIX i64`~L~B; ' I I I I J ,III I I 'I 41 ~ 4F' I I I I I I ' l\ \ v LI I ' I 2.e1i PLY ' I 1 I ~ .III f I I mIJ~'I~.p• P.x ' ~r ~ 1,11 I I i I I I I'I i I 11 511 I I III ' I r ~ ~ C I I I I i I' I III I 1 \ \ I! ~i , 115p I I II I I I III ~,ftu'I I II I ;II VIII IN. BIA`.AEIL 3.51ii NIGH UNTIL B,xEPLY; 5E+N0iE01 II I I I I 11'1 { ~,~Eq i^ I 1' I I I i I IIII I \ ~ ~ - s ar6, ~ II I II 11 I -11 M1 ej AOTM W.J I I' I II III i I 1 1 II I I I ~ryyyy~~q, Y.~ wt 6PPBY 1♦FRRjj (p SEPVI wPCi1H1: L'W JI I I `yAVCL EN r6 ER.ILV HE6i RANT TRAVEL STM 1 II ELI 3.6 IT xIC. 1,1i I I II L I I I Z CAW iR woRC Ps p, I ♦ 5 skEL '11, All r6 x r~v L LII I I i II II I II II I I II I II I i I II I I Ii I II II I 11 I I II I II I) I II I II ,I I ~ a~9o i,~6G \ 'I - _I 11 I I I I II 6 i MIpE I I I I I i I I I I I I Ir I I pB6 I I fIP I - 1 I o~ L Q -k *I .3 /1 ♦ - - - , 415 _ I---- I ~ C7 a Llc ~ - II ~66YLL1 a a a - a a r r a - - - - - - - - - - - - - - - .RM i ray - - - ~'TXTZ L-3 _ I i _ ;j 1136: i vcx m i up, 86 , I I I i I ~51Lx a10 m,G I I I ~ j .2222, I R- T _ _ _ _ _ _ _ j~ ~ ~ I I I ,;1 I I I I I 1.3]22, I I I I ' ~ GLp61) ~,lf~]-1168] I ~'~5==r .2fi86. - 1e]3L~ - ~Gx ar CPT. -1 I NGf 2SA Gf9 IB \ iGN N6 Lll iii'1 1 .N O 71' T- In T 0 'C' Q I I IQ. I Imo; IN I w I I , w I I j I I I I I j 11808 W. 44th Avenue RV America ade KRGIS ROW CURRENT inECa o-m.mada:. Ei-NanPOnh flooddud ad.G cn_Io , Padcefa W.ea6lAtt :omm Roads pima,-a . n:eamm loo-, and [m.d hams ma saaana,'oad. u s. hit-, eon-1-1 goad, canny roads NoioCwhood roach, Uy aucata and unimgmad roach 0 100 me FoO State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DISCLAIMER NOTICE: This isa pictorial representation ofgeographicand demographic information. Reliance upon the accuracy, reliability and authority of this information is solely the requestars responsibility. The City of Wheal Ridge. in Jefferson County, Colorado -a political subdivision of the State of Colorado, has compiled for its use Certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and Causes of action that result as a consequence of his reliance on information provided herein. :er W heat R~idgc 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 DATE: 10292008 source'. d:IGISData\GIS\MXDS\Templates\S-size .mxd 11808 W. 44th Avenue RV America Contours - Mid- mm~moamo tad Centerline rhimen ~aaa,'Nm~a'o mvnw,v o~J smn~J am.:. ioa St<.Nmn W.us.nynoay ConnectinO ~oaJ,[wnry roaJa umob.h..d nom, ey aI-i anJ w.impavcJ roeJr - - sp~.ai ROm FenmI< N W-*E S o ioo xo Feel State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely the requestors responsibility. The City of Wheat Ridge. in Jefferson County, Colorado - a political subdivision of the Stale of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corroboration of the methods. assumptions. and results by a qualified independent source. The user of this information shall indemnity and hold free the City of Wheat Ridge from any and all liabilities. damages. lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. n; W heat Ri~Ldge 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303.234.5900 DATE: 06/16/2009 iP x kl • ' 1 .:_n-„ a g ss• s.~ tea;: ~r>r, u es. - e ass' 3 I l Y ~ •4 n'~.t di it _r 3'• ° ~L4 Gf AP 4m a-. ? b 3 d_. y •:p r{e SPt~ 9 [ 3 _ pka :1G3' 17 -1 Y ~ .a nr~•IS e,l w "iyp; t (BSI F:'.Y nO v ^C` n I I I ~ i i ~ i : ° I; I Il I I I 3 I° _ i I ! I i I ill L.___.._.. - 4 J Ill i' I I ~ 7 _ r _ _ j1IV IlL-a: isr i I -~5 - I II ~ i -Al ~S ~aVMS I II 'I it II e I III. I ' I,qt i 1 I~ III III 1 11 i I~I Ill loi il!I 1 'II I II i I I~ I .III ' IIl1 I I I+ y ~I I 1 I I Imo" u I,lijt p 1 : Il~ ' ~!~n III I I h~I I IF I III :II : 1 III z. III ~!I , I,I , I I i l l I I 11~'j III I d ~I III I 1 I Ili I ll I ,I III I lil : II i I~ ~ I 1 ll~ 1 'Iln I I III' sg II I YV ~ ~ 1 I aIo v1 - - - S'bOt'£ 3 1b„11v 3 TAed! enow PARCSI O - ]0)3V e EXIOTWi dlILDOL' - 1390 GF TOTAL LAIm00APED ~ J096 GA Y✓~ PIIOPO!® am PLAN 8111 DATA weo vu as A v eaeT PAIB^EL A- tiA1 W LEE'0 WGDM T) (PER I 11 I 6 ALFW-2&. ~ vw ~ ` E °v me rp RV AMERICA b PAgCRY &-A ma UELTLFI~ PLAT1 E $Tm EIlI m-U"w PRZP~w TOTAL LM1D00AFED 4R "w 3161 W 11808 WEST 44TH STREET P ARCM W R D I COLORADO = - 1O~n0 OF WHEAT RIDGE, PARCH LAND SURVEY PLAT A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE 1/4, NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO iFA1L.Of>mem PAIMLA ME NORM 125 FEET CF ME EAST 1/2 OF 11, EXCEPT ME WEST 20 FEET AND EXCEPT ME EAST 150 FEET MWGT . LLOi EE'S SUBDIMEW COUNTY OF JEFFERSON, STATE OF COLORADO. PAM It ME NORM 125 FEET OF ME EAST 150 FEET OF LOT 11. EXCEPT ME EAST 10 FEET THEREOF, LEE'S SUEMMEON, COUNTY OF JEFFERSON, STATE OF COLORADO. PAIt>d 0 ME NORM 1/2 OF ME EAST 1/2 OF ME NORTH i/3 AND ME kIXNM 3/5 OF 15 OF ME SOUM 1/2 OF ME EAST i/2 OF ME NORM i/3 OF LOT il, LEE'S SON, ME PLAT OF WHICH IS RECORDED IN PUT BOOK 2 AT PACE 23, EXCEPT ME EAST 10 FEET OF SAID LOT 11, ALSO EXCEPT THAT PART DESGNBEG IN BOOK 1019, 1T. AT PAGE 570 AS FOLLOWS: N89'13'07E If. ME NORM 125 FEET OF ME EAST 1/2 OF LOT 11. LEE'S SUBOMSION, _ _ ttOw AmAR `tYl 3320B' wm EXCEPTING THEREFROM ME EAST 10 FEET THEREOF, AND EXCEPTING ME WEST 20 FEET MMEOF. AND AL50 EXITING MoS MTTUN PORTIONS OF BAD LAND AS v y9 NW CdiNER •CWTW LOT 11 LEE'S CONVEYED IN DEEDS RECORDED AUGUST 20, 1993 AT RECEPTION NUMBERS 83127939 SUBDIMSION AND 93127910 AND RE-RECORDED OCTOBER 4, 1903 AT RECEPTION NUMBERS 93IM671 (PER WESrLAKE AND 83IM572, COUNTY OF ,EFFERSON, STATE OF COLORADO. PARK sumvsION) CORP., ON, AHD 1!t 4114 ~n+ APPARLNT EASEY FOR OVERHEAD U LINES ON PARCEL 1. IT IB HERESY CERTIFIED MAT 1G lIF TMC nA'IC K MSC ADMBRSMATION FLOOD HAZARD BOUNDARY MAPS DATED FEBRUARY 2 ION, MAP NO. OM79 OOOSC, AND IS LN ZONE 'S', SUBJECT TO CHANGE 2 NOTICE ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN MIS SURVEY "MIN MREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN MI5 SURVEY BE COMMENCED MORE MAN TEN YEARS FROM ME DATE OF CERTIFICATION SHOWN HEREON. 3. THIS LAND SURVEY PLAT. AND ME INFORMATION HEREON. MAY NEST 44th AVENUE wm A0 FLl9T0 4p T.5 RmH r.rw. ~.u eW • w.wN cuAVY o PARCEL 'A' e l < , ~~D1 Al PARCEL "B' I i 17,499 .8 50. I nY "DIN AY • 01 ai L~ PARTIES OTHER MAN THOSE TO Al IT IS R PARCEL OCR EA 4. THIS SURVEY DOES NOT C MTE A LIRE SEARCH CH B BY AREA O ER OMENS INC. TO DETERMINE NE OWNERSHIP OR 116,898 50. FT. EASEMENTS OF RECORD. RIGHT-OF-WAY AND RILE OF RECORD. d AO 0 M TO GTLL ANS INC. RELIED UPON CHICAGO MIIS Cq. INC. CCMW1MENi NO. MINW AC ISI NORTHWEST ACCESSING GATE THROUGH PMCEL'C' 1113814, DATED MARCO 8, 1888 FOR THIS INFORMATION. CRUSHED ASPHALT R.V. 5. REFERENCE IS MADE RI ME FOLLOWING: AND BOAT PARKING - A WATER RIGHT DEED REDOROEU JULY 1, 1977 IN BOOK 3028 AT PACE 237. - A DEED FOR OTN MAINTENANCE PERIM MO INGRESS AND EGRESS TO MO PITCH, RECORDED SEPTEMEER 20, 19M IN SOO< 1019. PAGE 57M - RIOT OF WAY RECORDED IN BOOK 205 AT PACE 503. 6. PARCEL. AB AND C LEGAL DESCRIPTIONS ARE TAKEN IRON LHICAGO TLE OF COLORADO, FOUND 3-1/2' BRASS CAP IS /13212 INSIDE RANGE BOX REC. /84104807 FOUND 3-1/4• BRASS CAP 15/13212 - 1982 INSIDE RANGE BOX Ifmiv( V SCALE- 1•= 40' 40 0 20 40 FIRE HYDRANT WATER VALVE UTILITY POLE UCHT POLL OVERHEAD UTILITY ONES FENCE A.M. ACTUAL FELT) MEASUREMENT (D) DEEDED MEASUREMENT CF P CHAIN LINK FENCE 6' MT. CURB WM 1' PAN OVERHEAD FOR SITE NES Uw S CHT POLES /'~ttuwp amAv W/ALLN. GP NE CORNER PROSPECT PARK PLACE MINOR SUB. aII gIl ~A F O a~ b~ ~m 0 rcI mX N 3 9; gk~ ron z Z ~ 15' OTCH EASEMENT REC. 19312]938 AnCO f AUSB, D ;PANTS; ASPHALT ROAD FALLS ON PROPFRY AS StIOW O ES SkOPPARpJ UTIUty LINES - Ai EASTMENr . ;IS rr. BASIS OF BEARING IS THE SOUTH LINE OF THE NE 1/4 OF SECTION 20 AS ESTABLISHED PER SELLARDS AND GRIGG, INC. SURVEY FILED IN PLAT BOOT( 100, PAGE 10 -REC,/89029399 EA CENTER OFST 1/4 CORNER sECnaN 20 SECTION 20 997.34' (WESILAKE PLA'T') 987.14' AM _ -Ne'4'b492'E-266x67'(5&D'BRE'ARDb1VNj-2S59~9`-AM VEY PLAT IPWR LEE5 SU(1D1VIS10N SEC. 20, T3S, R69 W, 6th P.M., )uNTY OF JEFFERSON, .OV p!I XORAOO + swca { }«EY y meYdRN,9li[LTOi ME.v'i lp F4ei iX 1041, (aLFJEM fart 10 i4eT mE(1[O.[Et1f1)tOM1RK>K COlMY0i E4aYte10R R.20 CACe,(L,> rKl"• i~~' la„p auY r Erewbm+,naMwr,nci MYOxm In lwo MYCwR+x ar llnd 4,: wr+a lai 4,t N~gm,nv,oi fr tEei _ ~ ;i fyn ~s •Y.e~ Madm ~ M wiMFTen n~iYO~ioti,.~uw0 ~ r~iu*irF+n rcF a. 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Nc Aeen ]..ox M wo iR11 rAluuVfreG cawr•fM xo tfr-SfMTM N00]]ATIOM 11MY aix lM. cma E •ppf rrpe LAIRA ri Ktt]vI m ra Qcp(Iy'tl.•IiRTWM1•L~]~ W EIlCAnLM NA33 W.fMIW • WEMfKEd N•El fOlrF fcAEeNW A WAIIR MWff K(D AfCCRLO Ali \ •tI1 N NXYI )i1f A[ tAdf llf MNIri yp NGMESf MIO A bflD !QM OIrbI YFMffllMt[ lOMtss b uo Olrbl •Rta•oEU EfrRIKA f4 ny N •aaM fOff ArtApt ElG Mgertot-,vAr aeamEn N geKiES Ai r.oE bt f IMCEf A fM • EE64 PEEfAf Mxf Md iu¢N fM04 tIM ]e g~ApwMif! cpl•MM~,p. wt331WfE rMCll [ t1fX e N Mff.[Ifd x0 4VlE]C! d fIIE RIM NWln3Ma ]]•u eRw♦.1 ,R _ M s _ _ wn_ R_ - vam _ V n aA a ti ra..., S..w•rr uA snawp+ r wR SJ.w, w nM!r1 no,fu,r...M+ [s+♦I w^N )RAVN L(n W HECCED• DL .Jr)T REV IS 10145 W N O a fl m Z ap i10 Q, a f 2 R x K C•i W < n W U7 a z J O i E:J I Meredith Reckert From: Patrick Goff Sent: Tuesday, May 26, 2009 7:53 AM To: Meredith Reckert Subject: Fw: Taxes on Mini-Storage Units Attachments: att11087.jpg; image001.jpg a i' att11087Jpg (4 KB) image001.jpg (4 KB) Original Message From: Kathy Franklin To: Patrick Goff Sent: Tue May 26 07:49:02 2009 Subject: RE: Taxes on Mini-Storage Units Patrick, Storage units are specifically listed as taxable in WRMC section 22-57-14. The total lease or rental charges is subject to the tax. That would include any add-on charges except any separately stated late fee . Kathy Franklin Senior Tax Auditor Office Phone/Fax: 303-235-2825 "Save a Tree. Don't print this e-mail unless it's really necessary." From: Patrick Goff Sent: Thursday, May 21, 2009 3:52 PM To: Kathy Franklin Subject: Taxes on Mini-Storage Units Hi Kathy, Could you please do a little research for me on the tax requirements for mini-storage units? I believe the lease on the units in taxable? Meredith in CD is requesting more information for a proposed project on 44th and Tabor. Thanks 1 Patrick Goff Deputy City Manager 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2805 Cell Phone: 303-995-6465 Fax: 303-235-2805 www.ci.wheatridge.co.us CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 2 A +I City of WheatMidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. May 15, 2009 Michael Pharo 7777 South Depew Street Littleton, CO 80125 Dear Mr. Pharo: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your application for approval of a zone change to PlannedCommercial Development and approval of an outline development plan for property located at 11808 W. 441h Avenue. I have reviewed your submittal and have the following comments: Provide a title for the document. Staff would suggest RV America Planned Commercial Development. The document title would then read as follows: "RV America Planned Commercial Development, Outline Development Plan, An Official Development Plan in the City of Wheat Ridge, A Part of Lot 11..........." 2. Under "Allowed Uses", in the second line, correct the spelling of "facilities". 3. Under use #6, eliminate the double period in the last line. 4. Under use #46, specify that warehousing as ancillary to an office use should not exceed 25%. 5. Under "Development Criteria", modify the front building setback as being 0' - 20' as designated in the contemporary overlay district in the Architectural and Site Design Manual. 6. Under "Development Criteria", specify the landscaping and pedestrian access should be consistent with the Architectural and Site Design Manual. 7. Under "City Council Certification", remove the second period 8. Under "City Council Certification", provide a solid signature line for the City Clerk. 9. Under "Project Contacts", update your address. 10. Under the case history box, add the following case numbers: WZ-92-12, WZ-98-02, SUP-98-02, WZ-99-03, WZ-09-03 11. Show existing topography at 5' intervals. 12. Show tentative use areas including buildings, parking and landscaping. 13. Add the following note: "This outline development plan is conceptual in nature. Specific development elements such as site layout and building architecture have not been addressed on this document. As a result, a non-administrative amendment to this outline development plan must be submitted and approved by the City of Wheat Ridge prior to the submittal of a final development plan and any subsequent site development. " 14. Under "Allowed Uses", modify the second, third and fourth line as follows: "upon Seri of approval of the Community Development Director through the Special Use Permit process as prescribed in Section 26-114, if it is his determination > > alternate , a of a similar use is eharaeteristie to these uses listed." 15. Under use #52, correct the spelling of "storage". OTHER ITEMS OF CONCERN www.ci.wheatridgexo.us Self storage units as a , .,rmitted land use Use #55 designates one of the proposed, permitted uses on the southern portion of the lot as self storage units. This is a use which is not supported by staff. Staff was recently contacted by a self storage company who is interested in developing the rear two-thirds of the property with self storage units with retail on the front portion. They were wondering what needed to occur to the application for modification from a non-specific ODP to a specific ODP to accommodate their intended uses and design. It is not possible to modify the existing application. The current application would have to be withdrawn. Prior to the submittal of a new application, an additional neighborhood meeting would be required. Once this occurs, the application can be submitted with a 15 day referral process to follow. While self storage units may provide a low intensity use adjacent to the existing residential development to the south and east, staff again would not support the application. Additionally, while a non-specific ODP could be approved City Council with elimination of undesirable uses, a specific ODP for storage units could conceivably be denied in its entirety. Drive-through uses Staff will be recommending that drive-through uses be limited to Development Area A. AGENCY COMMENTS Attached are referrals received from other city departments and outside agencies regarding the plat document. Valley Water Company: See attached letter from Robert Arnold dated May 7, 2009. City of Wheat Ridge Police Department: See attached response from James Cohen dated May 5, 2009. City of Wheat Ridge Public Works Department: See attached comments from Dave Brossman dated May 4, 2009. Colorado Department of Transportation: See attached letter form Bradley Sheehan dated May 5, 2009. Arvada Fire Protection district. See attached letter from Steve Steigleder dated May 6, 2009. Xcel Energy: See attached comments from Teresa Wilson dated May 18, 2009. City of Wheat Ridge Economic Development: See attached response from Ryan Stachelsky dated May 12, 2009. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Traffic Engineering Steve Nguyen 303-235-2862 PLANNING COMMI,,iON PUBLIC HEARING SCHEDUi._, This case is tentatively schedule for Planning Commission public hearing on June 18, 2009. Revised documents (five folded copies of the ODP) including the revised legal description should be resubmitted by May 28 for review. The newspaper notice with legal description is prepared for publication on June 4. Questions relating to the legal description modifications should be directed to Dave Brossman at 303- 235-2864. A word version of the approved legal description should be emailed to me at mreckertna,ci.wheatridge.co.us for used in the legal notice. Please submit 18 folded, copies of the final version of the ODP document with an 11" x 17" reduction by June 10 for inclusion in the packet. Packets will be distributed on June 12, 2009. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, ,u Meredith Reckert, AICP Senior Planner c.• WZ-09-03 City of ` WheatMClge POLICE DEPARTMENT Memorandum TO: Meredith Reckert, Community Development Case Manager THROUGH: Daniel Brennan, Chief of Police VP FROM: James Cohen, Crime Prevention Sergeant DATE: May 5, 2009 SUBJECT: Community Development Referral: WZ-09-03/Sach (RV America) Upon review of the RV America Development Plan, I noted no severe crime prevention or traffic impact to the Wheat Ridge Police Department. jc VU1U71UM 11W 14:14 VAA :3UJ 424 U02C VALLCY YIAlhx ll13 tgjVUl VALLEY WATER DISTRICT 12101 WEST 52ND AVENLfE WHEAT RIDGE, COLORADO 80033 TELEPHONE 303-4249661 May 7, 2009 FAX 303-424-0828 Meredith Reckert City of Wheat Ridge 7500 W. 29"' Avenue Wheat Ridge, CO 80033 Dear Meredith: In reference to Project #WZ-09-03, 11808 W. 44a' Ave., Valley Water District has reviewed the inquiry and offers the following comments: 1. Valley Water District can provide water service to the proposed project subject to Valley Water District rules and regulations. 2. Valley Water District is supplied water through a distributors contract with the Denver Water Department and must follow Denver Water operating rules and regulations. The District must also follow all Denver Water mandates with regard to drought and conservation that may be imposed. 3. Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property that meet Arvada Fire Protection District requirements which will be at owner's expense, 4. Each separate building structure will require a separate water tap. Please contact the District regarding domestic water service prior to construction. 5. The owner will be required to provide a recorded plat of the project and a 30' water mainline easement as required by Denver Water to the Valley Water District. 6. The owner of the property will need to contact Valley Water District at 303-424- 9661 prior to development of the project to discuss water system design needs. If you have any further questions, please feel free to contact me. Sincerely, e Robert Arnold District Manager Page 1 of 1 Meredith Reckert From: Leitch, Diane [Diane. Leitch@dot.state.co.us] Sent: Wednesday, May 06, 2009 6:51 AM To: Meredith Reckert Subject: WZ-09-03 RV AMERICA SWC WEST 44TH AVENUE AND TABOR STREET i-70 CITY OF WHEAT RIDGE (REF 045409) STATE OF COLORADO OT GP.W Il9\S IM' IRA\NbRtt11UV DEPARTMENT OF TRANSPORTATION Region 6 Traffic Access/Utilities Permits Roadside Advertising 2000 South Holly Street Denver, Colorado 80222 303-512-4271 FAX 303-757-9886 May 5, 2009 City Of Wheat Ridge Meredith Reckert 7500 West 291, Avenue Wheat Ridge, Colorado 80033 Dear Adam: RE: WZ-09-03 RV AMERICA SWC WEST 44TH AVENUE AND TABOR STREET i-70 CITY OF WHEAT RIDGE Thank you for referring the rezoning proposal for our review. We recognize that the property is outside of CDOT jurisdiction. However, with the proximity to the future on and off-ramps, we would recommend closing unused accesses and reserving the ability to expand Tabor Way to allow access from adjoining properties in the future. If you have any questions, please contact me at 303-521-4271. Sincerely, Bradley T. Sheehan P.E. 5/6/2009 City of Wheat" Te COMMUNITY DEVELOPMENT Memorandum TO: Meredith Reckert, Senior Planner FROM: Ryan Stachelski, Economic Development Specialist DATE: May 12, 2009 SUBJECT: Referral Response to Case No. WZ-09-03/Sach (RV America) The Economic Development (ED) Division supports the approval of the change in zoning to Planned Commercial Development (PCD) at the property located at 11808 W. 44" Ave. Given the strategic location of this property along with the transportation improvement that will occur later this year, this zone change will greatly increase the opportunity to utilize the property as a tax producing piece of commercial property. As a result of the size and depth of this site it is likely that more intense uses will to the north end of the site, with less intense uses at the south. The commercial market should determine the pattern of development on this property. The most import design standard, as apposed to just limiting uses in some area of the property, is to snake sure that appropriate buffering is done between high intense uses and other affected property. In order to help service this development the City has a grant program which may be used. The Wheat ridge Business District (WRBD) grant program offers up to $14,000 in matching funds to commercial businesses in Wheat Ridge in order to improve the appearance of individual buildings, as well as the overall look of the city. Improvements must be to areas visible from the public right-of-way. The goal of this program is to leverage private improvements while making revitalization efforts affordable, creative, and community-based. The applicant may contact the City's Economic Development Department for any further information about these projects. Xce/Energy=m PUBLIC SERVICE COMPANY May 18, 2009 City of Wheat Ridge Community Development 7500 West 29th Ave Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: WZ-09-03/Sach (RV America) Siting and Land Rights 550 151h Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Facsimile: 303.571.7877 Public Service Company of Colorado (PSCo) has reviewed the plans for Sach (RV America. As always, thank you for the opportunity to take part in the review process. To ensure that adequate utility easements are available within this development and per state statutes §31-23-214(3) and 30-28-133(e), PSCo requests that the following language or plat note be placed on the preliminary and final plats for the subdivision: Minimum Ten-foot (10) wide dry utility easements are hereby dedicated on private property adjacent to all public streets, and around the perimeter of each lot in the subdivision or platted area including lots, tracts, parcels and/or open space areas. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities (Dry Utilities). Utility easements shall also be granted within any common areas, access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. PSCo also requests that all utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center for utility locates prior to construction, and as an additional preventative measure, please indicate on construction plats/documents the following information: "Contact the Utility Notification Center at 1- 800-922-1987, to have all underground utilities located prior to any digging.". The developer must contact the Builder's Call Line at 1-800-628-2121 and complete the application process. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details in order to provide gas and electric service to this project. Additional easements may need to be acquired by separate document. If you have any questions about this referral response, please contact me at (303) 571-7029. Thank You, Teresa Wilson Contract Right-of-Way Processor Public Service Company of Colorado Arvada Fire Protection District Division of Fire Prevention May 6, 2009 Ms. Meredith Reckert, Case Manager City of Wheat Ridge Community Development 7500 W. 29d' Ave._ Wheat Ridge, CO 80033 RE: WZ-09-03 Sach (RV America) Dear Meredith, We have reviewed the site plans for conformance with the 2003 International Fire Code and have the following comments. 1. Fire protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 1, 7900 W. 57' Ave. 2. When construction occurs on Lot 11808, additional water lines that are looped in accordance with Valley Water District Standards and fire hydrant(s) may need to be installed. 3. Additional access may be needed from Tabor Street for lot 11808.. At the time of development submittals additional comments will be forthcoming. If you have any questions or would need any additional information, please feel free to contact me at 303-424-3012, extension 2013. Sincerely, Arvada Fire Protection District %-s" Steve Steigleder Deputy Fire Marshal 7903 Allison Way • Arvada, Colorado 80005 • (303) 424-3012 • Fax (303) 432-7995 b AJ City of Wheatj~idge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. May 4, 2009 Mr. Michael G. Pharo Michael G. Pharo Associates, Inc. 2835 West Oxford Avenue #6 Englewood, CO 80110 303.783.3772 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Hari Sachanandani Outline Development Plan. Dear Mr. Pharo, I have completed the first review of the above referenced document received on April 29, 2009, for the re-zoning proposed for 11808 W. 44`h Avenue, and I have the following comments: Outline Development Plan 1. Pertaining to the Legal Description: a. The metes and bounds portion of the Legal Description must conform to the Current City Datum, which is a modified (ground-based) form of the NAD83/92 State Plane coordinate system. (Please see attached sheets to assist you with the rotation). b. Include a tie to the section. Please be advised that the Basis of bearing line will need to be a section or quarter-section line per the Municipal Code of Laws. (FYI: The south line of the NE '/o of Section 20 is N89°09' 18"E per the official City ROW maps). c. Please include the True Point of Beginning (T.P.O.B.) and Point of Commencement (P.O.C.). 2. Please show the existing lot lines using a very light or shaded linetype. 3. Please show the "20.00' WIDE AREA RESERVED FOR FUTURE RIGHT-OF-WAY" as running the full length of the Tabor Street frontage, as indicated on the redlined Plan. 4. You need to include three notes pertaining to the above-mentioned 20' ROW Reservation: a. No permanent structures shall be allowed within the 20' ROW Reservation area. b. The northerly portion of the reserved area that is necessary to construct the Tabor Street entrance for Development Area B shall be dedicated to the City of Wheat Ridge at the time of the Final Development Plan. c. The residual portion shall remain as a 20' ROW Reservation until such time as future development in the area necessitates Tabor Street to be constructed to City standards across the entire frontage of the subject property. 5. Need to show the following on the plan view: a. The bearings & distances for the boundary of the subject property. FYI - the westerly ROW line for Tabor Street is N00°26'31"W per the official City ROW maps. b. The tie to the section. c. The T.P.O.B. and P.O.C. www.ci.wheatridge.co.us Public Works Engineering May 4, 2009 Page 2 6. Need to show the approximate area of the future stormwater detention facility which will be required for Development Area B. You may wish to state that the final location and geometry of the facility will be determined by the civil engineering documents and the area will be specifically defined on the FDP/Plat. Please be advised, two (2) Copies of the following will need to be submitted for review and approval with the Final Development Plan: 1. Final Drainage Report: A revised Final Drainage Report incorporating water quality measures and signed and sealed by a Professional Engineer licensed in the State of Colorado. 2. Traffic Impact Study: The (revised) full traffic impact study will need to be approved with the Final documents. 3. Site Plan: A Site Plan included with the Construction Plans shall include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. The boundary of the site and existing and proposed lot lines are to be completely described using bearings and distances. d. A Legal Description of the site, including tie(s) to the Section. e. A Basis of Bearing statement (using local City coordinate system-see 4. below). f. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado for the parcel boundary and topographical information on the Site Plan. g. A scale and north arrow. h. Date of map preparation, and the name, address, and firm of who prepared the map. i. Location of 100-year floodplain, if applicable. j. Existing and proposed contours at 2-ft intervals. k. Adjacent streets, including Right-of-Way widths, names, and ROW centerlines. 1. Location of all existing & proposed easements and rights-of-way, fences, walls, drainageways, ditches, buildings to be developed or retained on site. 4. Final Plat: Subsequent to ODP approval, a Final Plat may be required with the Final Development Plan. All plat submittals must adhere to the following: a. Must use City-based bearings/coordinates (per Section 26-407-D-6 of the Municipal Code of Laws). The City is currently on a ground-based modified form of the NAD83/92 State Plane coordinate system (please refer to Note 4 below). b. All section ties are to be to Section or 1/4Section corners or City of Wheat Ridge PHAC points only. (Please see attached land surveying information). c. To be approvable the Plat will need to contain all items found in the City's Final Plat Review checklist. d. PW submittals shall be submitted in the form of: i. 2 - 24"X36" hardcopies and ii. 1 electronic copy on CD or DVD-ROM in AutoCAD 2000-2007 dwg format. www.d.wheatridge.co.us Hari Sachanandani ODP - mviewl.W.doc Public Works Engineering May 4, 2009 Page 3 5. Items to Accompany the Final Plat: a. Geodetic Surveying Requirements: A completed Geodetic Surveying Requirements sheet must accompany all Final Plat submittals. b. Closure Sheet: A closure sheet for the platted boundary as well as for all internal lots shall accompany the Final Plat submittal; all must close within the 1:50,000 as required by Code. 6. Stormwater Management Plan: A Stormwater Management Plan (SWMP) associated with the required CDPS Permit shall be submitted to the City of Wheat Ridge for review and approval with the FDP (please see Note 1 below). The CDPS Permit is generally obtained by the contractor at time of Building Permit Application. 7. Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all drainage-related items such as detention ponds, outlet structures, drainageways or pans, and curb & gutter. Include street plan and profiles for any proposed roadway improvements along property frontages, and construction drawings for all public improvements to be constructed. Include all COWR standard details for all proposed constructed items (please see Note 4 below). NOTES: 1. Application for Minor Grading/Fill Permit: Prior to the commencement of any onsite grading or construction activities, an application for a Grading/Fill Permit along with the fees due shall be submitted for review and approval. 2. NPDES Permit: The Federal Clean Water Act implemented by the EPA requires that stormwater discharges from certain types of facilities as part National Pollutant Discharge Elimination System (NPDES) be authorized under stormwater discharge permits. An NPDES permit is required for all construction sites greater than one (1) acre in size. The area of disturbance for the proposed development is greater than one acre and shall therefore comply with NPDES regulations. The NPDES permit for construction activities is issued by the State through the Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division Water Quality Control Division at 303-692-3500 and asking for the public assistance person for the Permits Unit. A Stornwater Management Plan (SWMP) detailing the Best Management Practices to be utilized during construction is required with this development. A Copy of the CDPS Permit and Stormwater Management Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to issuance of any Grading/Fill or Building Permits. 3. Stormwater Maintenance Agreement and O & M Plan: All post-construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For the stormwater quality facilities including, but not limited to, above-ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type www.ci.wbeatridgexo. us Hari Sacb nandavi ODP- reviewl.ltr.doc Public Works Engineering May 4, 2009 Page 4 devices such as a Rinker Stormcepter®, or for hydrodynamic separation systems such as a Contech Vortechs®, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Schedule/Log will be required prior to issuance of the Certificate of Completion. The O & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge requirements. 4. Information Information pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridge.co.us The Public Works Department requires 2 hardcopies accompanied by an electronic file containing the ODP in PDF format. The electronic file may be delivered on CD-ROM with the next submittal or by e-mail to me at: dbrossman@ci.wheatridge.co.us. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. City Surveyor/Development Review Engineer CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File www.ci.wheatridge.co.us Hari Sachaaaadani GDP - reviewl.1t.doc elf City of `Wheat ,qge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: April 28, 2009 Response Due: May 12, 2009 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Commercial-One and Commercial-one with use conditions to Planned Commercial Development and approval of an Outline Development Plan for property located at 11808 W. 44th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-09-03/Sach (RV America) Request: Approval of a change of zoning to Planned Commercial Development and approval of an Outline Development Plan to establish permitted uses and development standards. The property is 3.5 acres in size and is comprised of three parcels. The front two parcels are currently zoned C-1 with no use restrictions. The rear parcel is currently zoned C-1 with the only permitted use as RV storage. Prior to construction of any new structures, an amended Outline Development Plan, consolidation plat and administrative Final Development Plan approval will be required. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us Water District (Valley) Sanitation District (Fruitdale) Fire District (Arvada) Colorado Department of Transportation AT&T Broadband Xcel Energy Qwest Communications Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division 12-4 "The Carnation City" C I~ -I--- I I &~8 Aj ~ l W-di w I I rAcb Michael G. Mato Associates, Inc. April 27, 2009 Ms. Meredith Reckert Senior Planner 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Sach Property-11808 West 44th Avenue Dear Ms. Reckert: The purpose of this letter is to document our request to rezone the above-referenced property from C-1 Commercial-One with Conditions (RV Sales and Storage) to C-1 Commercial-One with Conditions (revised to allow alternate uses) and to submit the following materials in support. 1. Signed and notarized application form 2. Fee in the amount of $1,625 3. Letter of Request-stated above 4. Proof of Ownership has previously been provided as part of a previous request. We have included documentation from RV America's current files. Other documents can be provided at your request. 5. Survey of the Property--historical 6. Mineral Right Certification 7. ODP Graphic-16 copies, folded 8. Legal Description-a part of the ODP and e-mailed to you from Bomengineering Our Pre-Application Meeting was held on October 30, 2008. The Neighborhood Meeting was held on March 17, 2009. We have continued to refine the ODP document based upon input from these meetings. Please advise me if there is more I can do prior to being scheduled for the Public Hearings. c: Hari Sach 2835 West Oxford Ave., #6, Englewood, Colorado 80110 • phone: 303/783-3772 • fax: 303/783-3773 • e-mail: mplmdplan@aol.com LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 2011 Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Applicant t y-h City State Zip Phone Own r Address A be Q6 N `7 Phones- 0; ty State a Zip Fax Cont ct Address ' , I v Phon &-1a 3 YIZ City State( 1 n Zip 7~S Fax (The plrsbn listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit pt~v tp Esc e owner roved of this action on his behalf. 11 F~ 'JR Signature `a, catn n Subscribed and sworn to me thisZL day of 20_01 6 % r o aryPu is My commission expires To be filled out by staff: v~ Date received Fee A% Receipt No 1437 Case No. "{7 OJ Comp Plan Desig. Zoning Quarter Section Map Related Case No. Pre-App Mtg. Date 6 b Case Manager 4 Required information: Assessors Parcel Number: Size of Lot (acres or square footage): 3.55®~tc . Current Zoning: - Proposed Zoning:e -4 (P~ C l tFC46!!2 Current Use: d,:~A Vm4e Proposed Use: M 1 %co . ti~0~ WHE4T,y0 i u m c0C O R AQO The City of 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Wheat Ridge Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, (Print name) as of/with (Position/Job Title) (Entity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for set for public hearing on (describe type of application) 200, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. x Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. v Dated this day of -V'P , 2001 Y~ LEGAL DESCRIPTION THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1, LEE'S SUBDIVISION, WHICH POINT BEARS SOUTH 89°13'07"W, A DISTANCE OF 10.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 11; THENCE S00°25'06"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939; THENCE S89°23'08"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE SOUTH 86°48'19"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00°25'06"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11; THENCE N89°13'07"E ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 321.90 FEET TO THE POINT OF BEGINNING, CONTAINING 154,632 SQUARE FEET OR 3.550 ACRES, MORE OR LESS. I, KENNETH D. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. KENNETH D. BAKER, LICENSED PROFESSIONAL LAND SURVEYOR COLORADO P.L.S. No. 15606 FOR AND ON BEHALF OF BORNENGINEERING CITY OF WHEAT RIDGE 04/27/09 1.00 PM cdbb RV America, Inc RECEIPT NO.CDB001437 AMOUNT FMSD ZONING APPLICATION F 1,175.00 ZONE FMSD ZONING REIMBURSEMENT 450.00 ZREIM PAYME14T RECEIVED AMOUNT CK 22517 1,625.00 TOTAL 1,625.00 Notice of Neighborhood Meeting Date of Meeting: March 17, 2009 Time of Meeting: 6:00 P.M. Location of Meeting: Wheat Ridge City Hall First Floor Lobby Conference Room 7500 West 29`h Avenue A Neighborhood Meeting is being held to discuss the RV America property located at 11808 West 44`h Avenue in Wheat Ridge, Colorado. The purpose of the meeting is to share information regarding the landowner's desire to modify the allowable uses which could reasonably be accommodated on the property. The basis of this request includes significant changes in the area related to vehicular traffic patterns resulting from the new access routes to I-70 from West 40' Avenue. Because modification of permitted land uses is akin to a zone change, a neighborhood meeting is required. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • How will this proposal affect my property? • Where will the storm drainage go? • How will the project be designed to enhance rather than detract from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29`h Avenue Wheat Ridge, Colorado 80033 . Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call the planning division at 303-235-2846 in advance of a meeting if you are interested in participating and need inclusion assistance. 11808 W 44TH LLC BROWN LORRAINE A 2220 RAND LLC 11808 W 44TH AVE 4430 TABOR ST 11930 W 44TH AVE 200 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 2220 RAND LLC CITY OF WHEAT RIDGE C & D INVESTMENTS 441 DONELSON PIKE 310 7500 W 29TH AVE 11722 W 44TH AVE NASHVILLE TN 37214 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CHRISTIAN DRUE J DEPARTMENT OF FIGHTMASTER GLENDENE H 5505 SAULSBURY CT TRANSPORTATION FIGHTMASTER HERBERT H ARVADA CO 80002 4201 E ARKANSAS AVE 11641 W 44TH AVE DENVER CO 80222 WHEAT RIDGE CO 80033 DE ROSIER JOHN A HOBBS ARLENE EDITH FISHER RODNEY W 8360 SNAFFLE BIT CT 2675 ARLINGTON DR APT 204 DAVISON DIANE L LITTLETON CO 80125 ALEXANDRIA VA 22306 4722 E VERBENA DR PHOENIX AZ 85044 GIESELER FAMILY TRUST HPT TA PROPERTIES TRUST I & J COLORADO LLC 4410 TABOR ST 24601 CENTER RIDGE RD 200 12100 W 44TH AVE WHEAT RIDGE CO 80033 WESTLAKE OH 44145 WHEAT RIDGE CO 80033 HOEFER DENNIS L JEFFERSON COUNTY JOHN V BUDD FAMILY TRUST HOEFER CHERYL A 100 JEFFERSON COUNTY PKWY 1601 S LANSING ST 11722 W 44TH AVE GOLDEN CO 80419 AURORA CO 80012 WHEAT RIDGE CO 80033 ISQUITH GEORGE L KOELTZOW MICHAEL E MARKOW RONALD E 4350 TABOR ST KOELTZOW CATHY L MARKOW BARBARA A WHEAT RIDGE CO 80033 4291 TABOR ST 4180 TABOR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MCNUTT TANIA R MEAKINS DORIS H MISKOL DANIEL PAUL 1840 GLEN AYR DR 4340 TABOR ST MISKOL DARCY DANIELLE LAKEWOOD CO 80215 WHEAT RIDGE CO 80033 4220 TABOR ST WHEAT RIDGE CO 80033 PROSPECT PARK CAMPGROUND SILZ HEINZ N LLP SILZ THEA M PUBLIC STORAGE INC 11600 W 44TH AVE 15745 HWY 34 PO BOX 25025 WHEAT RIDGE CO 80033 FORT MORGAN CO 80701 GLENDALE CA 91201 TABOR STREET PROPERTIES ROCK ROBERT J TRUSTEE LIMITED LIABILITY TURGEON DANIEL R 4300 TABOR ST COMPANY 2110 ROCKCRESS WAY WHEAT RIDGE CO 80033 PO BOX 1272 GOLDEN CO 80401 MORRISON CO 80465 SIX OAK LIMITED PARTNERSHIP WILLIAMS BRENDA KATHLEEN VON BREHM GEORGE 11445 W I-70 FRONTAGE N. RD WILLIAMS RANDALL K GRODITSKI ERLINDA E WHEAT RIDGE CO 80033 4433 TABOR ST 4502 S ROBB ST WHEAT RIDGE CO 80033 LITTLETON CO 80127 11808 W 44TH LLC 1180 44TH LLC 2220 RAND LLC 11808 W 44TH AVE 11808 W H -E 11930 W 44TH AVE 200 WHEAT RIDGE CO 80033 WHEAT CO 80033 WHEAT RIDGE CO 80033 2220 RAND LLC BROWN LORRAINE A C & D INVESTMENTS 441 DONELSON PIKE 310 4430 TABOR ST 11722 W 44TH AVE NASHVILLE TN 37214 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CHRISTIAN DRUE J CITY WHE GE -CITY OF E 5505 SAULSBURY CT 7500 W AVE 7500 W ARVADA CO 80002 WHE GE CO 80215 WISE R80 215 ) DE ROSIER JOHN A DEPARTMENT OF FIGHTMASTER GLENDENE H 8360 SNAFFLE BIT CT TRANSPORTATION FIGHTMASTER HERBERT H LITTLETON CO 80125 4201 E ARKANSAS AVE 11641 W 44TH AVE DENVER CO 80222 WHEAT RIDGE CO 80033 FIGHTMASTER HERBERT -11 FIGHTMASTER HERBERT H CO- FISHER RODNEY W FIGH TE~GLE~NDENE H PERS AL REP DAMSON DIANE L FIGHT L FIGHT TER LYNN L CO- 1 44TH AVE, PERSONAL 4722 E VERBENA DR AT RIDGE CO 80033 11641 W 44TH A PHOENIX AZ 85044 WIJEAT RIDGE CO 80033 GIESELER FAMILY TRUST HOB S ARLENE EDITH LINDA T GIESELER REVOCABLE HOBBS ARLENE EDITH LEM TER CQUE MARIE TRUST 2675 ARLINGTON DR APT 204 2675 A GTON DR APT 204 4410 TABOR ST ALEXANDRIA VA 22306 ALEX RIA VA 22306 WHEAT RIDGE CO 80033 HOEFER DENNIS L HPT TA PROPERTIES TRUST I & J COLORADO LLC HOEFER CHERYL A 24601 CENTER RIDGE RD 200 12100 W 44TH AVE 11722 W 44TH AVE WESTLAKE OH 44145 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ISQUITH GEORGE L JEFFERSON COUNTY JOHN V BUDD FAMILY TRUST 4350 TABOR ST 100 JEFFERSON COUNTY PKWY 1601 S LANSING ST WHEAT RIDGE CO 80033 GOLDEN CO 80419 AURORA CO 80012 JOHN FAMILY TRUST KOELTZOW MICHAEL E MARKOW RONALD E 1601 S LA G ST KOELTZOW CATHY L MARKOW BARBARA A 16 1 S CO 80 4291 TABOR ST 4180 TABOR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MCNUTT TANIA R MEAKINS DORIS H MISKOL DANIEL PAUL 1840 GLEN AYR DR 4340 TABOR ST MISKOL DARCY DANIELLE LAKEWOOD CO 80215 WHEAT RIDGE CO 80033 4220 TABOR ST WHEAT RIDGE CO 80033 PROSPECT PARK CAMPGROUND PRQ~i ECT PARK C GROUND PUBLIC STORAGE INC LLP LLP 11600 W 44TH AVE 11600 W AVE 0 PO BOX 25025 WHEAT RIDGE CO 80033 T RIDGE CO 80033 GLENDALE CA 91201 WHEj ROCK ROBERT JOSEPH TRUSTEE ROCK PHYLLIS GERTRUDE TRUSTEE ROCK ROBERT J TRUSTEE 4300 TABOR ST WHEAT RmC.F. C.0 Mnll SILZ HEINZ N SILZ THEA M 15745 HWY 34 FORT MORGAN CO 80701 SILZ HEINZ N S THE 1574 34 F GAN CO 80701 SIX OAK LIMITED PARTNERSHIP 11445 W I-70 FRONTAGE N. RD WHEAT RIDGE CO 80033 VON BREHM GEORGE GRODITSKI ERLINDA E 4502 S ROBB ST LITTLETON CO 80127 TABOR STREET PROPERTIES LIMITED LIABILITY COMPANY 0 PO BOX 1272 MORRISON CO 80465 WILLIAMS BRENDA KATHLEEN WILLIAMS RANDALL K 4433 TABOR ST WHEAT RIDGE CO 80033 TURGEON DANIEL R 2110 ROCKCRESS WAY GOLDEN CO 80401 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 12000 W 44TH AVE 4201 TABOR ST 11900 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4200 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11875 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11730 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11691 W44THAVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11681 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11673 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11680 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4440 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4305 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11661 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 12151 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11690 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4501 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4549 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4430 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4311 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11671 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11901 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11801 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4505 SIMMS CT WHEAT RIDGE CO 80033 CURR RES NT/TENANT C T SIDENT/TENANT CURRENT RESIDENT/TENANT 11808 W 44 AVE VACA AND 11900 W 44TH AVE WHEAT GE 80033 WHEA RID CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRE I TO/033 CURRENT RESIDENT/TENANT 12000 W 44TH AVE 4430 TAB 7co8 11730 W 44TH AVE WHEAT RIDGE CO 80033 CU 0 033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRE RESIDENT NANT 4200 TABOR ST 4201 TABOR ST VACAN AN WHEAT RIDGE CO 80033 80033 WHEAT CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT C NT RESIDENT/TENANT 11691 W 44TH AVE 11875 W 44TH AVE 11641 4TH WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT E CO 80033 CU T RES NT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT VACAN 11661 W 44TH AVE 4430 TABOR ST WHEAT G O 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURI; RESIDENT ENANT CURREN SID /TENANT CURRENT RESIDENT/TENANT 4410 TAB ST VACANT L A-W 4311 TABOR ST WHEAT RID CO 80033 WHEAT RID 80033 WHEAT RIDGE CO 80033 CURREN SIDE NANT CURRENT RESIDENT/TENANT CURRE RESIDE /TENANT 11722 W 44T 12151 W 44TH AVE 12100 W 44 E WHEAT RID CO 33 WHEAT RIDGE CO 80033 G O 80033 CURRENT SID /TENANT CURRENT SIDEN ENANT CURRENT RESIDENT/TENANT 4350 T _ VACANLLAMgQ 11671 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 0033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT C JRRMjT RESIDENT ANT ZAT T RESIDENT/TENANT 11681 W 44TH AVE 4291 TAB ST WHEAT RIDGE CO 80033 W GE 80033 GE CO 80 033 CURRENTRESIDENT/TENANT C T RESIDENT/TENANT CURRE T RES /TENANT 11673 W 44TH AVE 4340 TA4WS T 4220 T ST WHEAT RIDGE CO 80033 RI E CO 80033 AT RID Co 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 11680 W 44TH AVE 11690 W 44TH AVE 11901 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CU NT RESID T/TENANT 4300 W GE CO 80033 CURRENT RESIDENT/TENANT 4501 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 11801 W 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4440 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4305 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 4549 TABOR ST WHEAT RIDGE CO 80033 CURRENT SIDEN ENANT 4433 TABOR WHEAT E C 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 4505 SIMMS CT WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT e w K K K K K K w w WK K K K xw K n ~ iO22 2Foo 2 mnono non 0 2 02220 mnoo 00En - - ~ 2 2nono non 55 2 412220 2moo 2J W 0 000 ooaa aa000aoo ODa o OOm ow o O y w w aa a a a a n Min 0.. ` ` `n `m m m.m . 00 0 0 0 0 o O o o O ° $ o o o o o o o p m p p m 0 o o 0 0 o o o o o o o o N W W W W W W W W W W W W W W W W ro W m m m m m m m mm m m W W W W W . 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I am intimately familiar with the history of the property having worked with the property owner, Hari Sach, since he purchased the property in the early to mid-1990's. The property is comprised of three parcels; two of which directly abut W. 441h Avenue which are less than an acre in size combined and a larger parcel behind the two which is around 2.7 acres in size. The front two parcels are both zoned C-1 with no restrictions. The larger, rear piece is zoned C-1 but has only one permitted land use which is RV storage. We have recently been having discussions with the property owner's land planner, Mike Pharo, about the zoning on the three parcels. Mr. Sach is desirous of selling his land and would like to modify the existing zoning conditions on the rear piece to make it more marketable. We met with Mr. Pharo in October at a pre-application meeting to discuss the required process for the zoning procedure. Attached is a copy of the pre-app minutes. Mini-warehouses are only allowed in Planned Commercial Development zoning, which is how the property will be required to be zoned. The issue of including mini-warehouses as one of the desired uses on the rear piece was brought up during the pre-application meeting. Apparently Mr. Sach has been approached by CDOT to inquire about relocating the Public Storage facility across the street onto his property (to accommodate the 1-70 ramp relocation) Planning staff was generally not supportive of this use being allowed as it takes up a lot of land area and does not produce sales tax. I am not sure whether they will pursue it as one of the permitted land uses - ultimately this would be decided by City Council through the zone change process. It would appear that Mr. Sach is moving forward with the zone change process as we have scheduled a neighborhood meeting next Tuesday night (March 17) to discuss the proposal with the surrounding property owners. Let me know if you need anything else. Meredith Meredith IReckert, AICP Senior Planner 7500 W, 29"' Avenue Wheat Ridge, CO 80033 Office Phone: =03-235-2848 FAX 303-235-2857 www.cLwhqdtridRe.co.us Oby of 'ti,IV heat is Te 719~tC1 L'j Y' t`}FVCI t'6l`h9L aS I CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. II is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. Ifyou received this communication in error, please notify its immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 3/11/2009 4' 1 City of Wheat -Midge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 November 6, 2008 Pre-Application Meeting 11808 W. 44"' Ave. (RV America) Public Works Requirements: P: 303.235.2861 F: 303.235.2857 2 Copies of the Outline Development Plan containing the following shall be submitted for review and approval with the (ODP) Application: 1. Legal Description: Must use City-based bearings and coordinates per the Municipal Code of Laws. The City uses a ground-based modified form of the NAD83/92 (HARN) State Plane coordinate system (please see Note 4 below for information). 2. Access Points: Need to identify possible access point(s) to Tabor Street for the rear parcel. 3. Proposed Detention Area: Need to show the approximate area on the southerly end of the rear parcel that will be needed for stormwater detention. 4. ROW Reservation: Any use above the existing Recreational Vehicle storage use, which has virtually a zero impact to the current traffic system, will require improvements being made to Tabor Street. In order to properly construct the improvements a 20.00' strip of Right-of-Way will need to be reserved on the ODP with a note stating, "The area of reservation shall be dedicated to the City of Wheat Ridge upon request." 2 Copies of the following will need to be submitted for review and approval with the Final Development Plan: 1. Final Drainage Report: A revised Final Drainage Report incorporating water quality measures, signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required. (Please see attached Site Drainage Requirements). 2. Traffic Impact Study: The (revised) full traffic impact study will need to be approved with the Final documents. 3. Site Plan: A Site Plan included with the Construction Plans shall include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. The boundary of the site and existing and proposed lot lines are to be completely described using bearings and distances. d. A Legal Description of the site, including tie(s) to the Section. e. A Basis of Bearing statement (using local City coordinate system-see 4. below). f. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado for the parcel boundary and topographical information on the Site Plan. g. A scale and north arrow. www.ci.wheatridgexo.us Public Works Engineering November 6, 2008 Page 2 h. Date of map preparation, and the name, address, and firm of who prepared the map. i. Location of 100-year floodplain, if applicable. j. Existing and proposed contours at 2-ft intervals. k. Adjacent streets, including Right-of-Way widths, names, and ROW centerlines. 1. Location of all existing & proposed easements and rights-of-way, fences, walls, drainageways, ditches, buildings to be developed or retained on site. 4. Final Plat: Subsequent to ODP approval, a Final Plat may be required with the Final Development Plan. All plat submittals must adhere to the following: a. Must use City-based bearings/coordinates (per Section 26-407-D-6 of the Municipal Code of Laws). The City is currently on a ground-based modified form of the NAD83/92 State Plane coordinate system (please refer top Note 3 below). b. All section ties are to be to Section or %4 Section corners or City of Wheat Ridge PHAC points only. (Please see attached land surveying information). c. To be approvable the Plat will need to contain all items found in the City's Final Plat Review checklist. d. PW submittals shall be submitted in the form of- i. 2 - 24"X36" hardcopies and ii. 1 electronic copy on CD or DVD-ROM in AutoCAD 2000-2007 dwg format. 5. Items to Accompany the Final Plat: a. Geodetic Surveying Requirements: A completed Geodetic Surveying Requirements sheet must accompany all Final Plat submittals. b. Closure Sheet: A closure sheet for the platted boundary as well as for all internal lots shall accompany the Final Plat submittal; all must close within the 1:50,000 as required by Code. 6. Stormwater Management Plan: A Stormwater Management Plan (SWMP) associated with the required CDPS Permit shall be submitted to the City of Wheat Ridge for review and approval with the FDP (please see Note 1 below). The CDPS Permit is generally obtained by the contractor at time of Building Permit Application. 7. Construction Plans: Construction Plans, signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all drainage-related items such as detention ponds, outlet structures, drainageways or pans, and curb & gutter. Include street plan and profiles for any proposed roadway improvements along property frontages, and construction drawings for all public improvements to be constructed. Include all COWR standard details for all proposed constructed items (please see Note 3 below). NOTES: 1. Application for Minor Grading/Fill Permit: Prior to the commencement of any onsite grading or construction activities, an application for a Grading/Fill Permit along with the fees due shall be submitted for review and approval. www.ci.w heatrid ge.co. us (11-6-08) 11808 W44th Ave (RV America).dm Public Works Engineering November 6, 2008 Page 3 2. NPDES Permit: The Federal Clean Water Act implemented by the EPA requires that stormwater discharges from certain types of facilities as part National Pollutant Discharge Elimination System (NPDES) be authorized under stormwater discharge permits. An NPDES permit is required for all construction sites greater than one (1) acre in size. The area of disturbance for the proposed development is greater than one acre and shall therefore comply with NPDES regulations. The NPDES permit for construction activities is issued by the State through the Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division Water Quality Control Division at 303-692-3500 and asking for the public assistance person for the Permits Unit. A Stormwater Management Plan (SWMP) detailing the Best Management Practices to be utilized during construction is required with this development. A Copy of the CDPS Permit and Stormwater Management Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to issuance of any Grading/Fill or Building Permits. Stormwater Maintenance Agreement and O & M Plan: All post-construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20-34 of the City of Wheat Ridge Municipal Code of Laws. For the stormwater quality facilities including, but not limited to, above-ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stormcepter®, or for hydrodynamic separation systems such as a Contech Vortechs®, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Schedule/Log will be required prior to issuance of the Certificate of Completion. The O & M Schedule/Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge requirements. 4. Information Information pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridee.co.us Please be advised that submittals will not be considered as being under review until such time as all required items have been received by the City. www.chwheatridge.co.us (11-6-08) 11808 W44th Ave (RV Amenca).doe A ® City of Wheat idge COMMUNITY DEVELOPMENT PRE-APPLICATION MEETING SUMMARY Meeting Date: Attending Applicant(s): Attending Staff: October 30, 2008 Hari Sach 11808 W. 44'h Ave. Wheat Ridge, CO 80033 Michael Pharo 2835 W. Oxford Ave. #6 Englewood, CO 80110 Jeff Hirt - Planner II Adam Tietz - Planner I Mark Westberg - Special Projects Engineer Address/Specific Site Location: RV America 11808 W. 44`h Ave. Wheat Ridge, CO 80033 Existing Zoning: C-1 (with conditions), Commercial-One Existing Comp. Plan: CC, Community Commercial Center Applicant/Owner Preliminary Proposal: Hari Sach, the owner of RV America at the address indicated above would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed on the property. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the property are fairly restrictive and essentially limit the property to be used for RV sales and storage. The rezoning would expand the allowable uses beyond the RV storage limitations on the central and southern portions of the property. The uses would generally follow the uses allowed in the existing C-1 zone chart. Some of the more intense uses allowed in the C-1 zone district will be excluded from the list of allowed uses. Consideration will also be given to the surrounding low density neighborhood when uses are set for the areas immediately adjacent to them. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood meeting will be required for rezoning. Existing Conditions: The property is located on the southwest corner of W. 44`h and Tabor St. It is zoned C-1 but does have different limits on how certain areas of the property can be used. The adjacent properties along W. 44`h are also zone C-1 with the exception of a small area on the property to the west, which is zoned C-2. The areas to the south of the property are zoned A-1 as there is large lot, single family homes and open space within this area. Because of the proximity to agricultural zoned residential areas, the southern portion of the property in question has restricted uses in order to be more compatible with the agricultural character of the area. The areas along W. 44`h and the Northern portions of the property in question can be used as any C-1 use as W 44 h is a major commercial corridor throughout the City. As Tabor St. extends south of W. 44`h Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley and provides access to the residential lots to the south of the property in question. As Tabor St. extends to the north of W. 44`h Ave., it is the only street that provides access over I-70 in between Ward Rd. and Kipling St. Planning comments: Since the request is for a rezoning, the property will have to be rezoned to a Planned Commercial Development (PCD). A PCD is comprised of two steps, the creation of an Outline Development Plan (ODP) and a Final Development Plan (FDP). The ODP is the portion of the rezoning that establishes use areas and allowable uses on the property, building locations, and other site development related issues. When the list of allowable uses for this rezoning is developed, the list should be consistent with the majority of uses allowed in the C-1 zone district. Uses should be limited to uses that do not include automobile repairs, rentals, or sales and other similar uses. Storage of RV's, automobiles and other vehicles as well as mini-storage are also uses that would not be supported by staff. The ODP document should indicate that the current use may continue to be operated on the property until it is sold or closed at which time the use would no longer be allowed on the property. This tract of land is comprised of three different parcels. All three parcels should be combined in a lot consolidation. The lot consolidation will help to provide some ease to issues regarding access easements. The lot consolidation will also eliminate other development issues, such as setback requirements, that the existing lot lines on the property may create. A lot consolidation can be processed concurrently with the rezoning of all three parcels. The property lies with in the Fruitdale sub-area and the "Contemporary Overlay Area" of the Architectural and Site Design Manual (ASDM). The Fruitdale sub-area plan is an addendum to the comprehensive plan. This plan takes into account future conditions that will affect how the property is developed and tries to plan for the future. This particular tract of land has been designated as a future commercial area by the plan. 2 The ASDM is a docw. ent that guides the design of buildings, uie site, and other design elements. This document will only apply if new buildings are constructed on the site and are not applicable at this time. However, it is good to point out to potential buyers that the site does lie with in an architectural overlay area which requires 40% of the building facade to be constructed within 0-20 feet of the front property line. Public Works Comments: For the rezoning process Public Works will require that a 20 foot reservation be shown on the ODP document for improvements to Tabor St. This is not a dedication of land. The reservation should be shown so that whoever purchases the property will know that if and when they redevelop the property they will be required to dedicate land to the city for future improvements to the road. Public Works had additional concerns that are not applicable to the site as it is today but will be concerns when the property redevelops and after the on/off ramps for Interstate 70 have been completed. These concerns primarily relate to accessing the property from W. 44th Ave. An island will be constructed that will stretch the entire length of the property in question. This will limit access to the property from W. 44th to a right-in/right-out movement. As a result of this, an access point will be needed on Tabor St. for vehicles coming from the east or wanting to head west. Depending on the intensity of the use on the land a traffic light at W. 44`h Ave and Tabor St. may be warranted. In addition, since this area will be directly across from the new on/off ramps MOT will have regulatory control over this section of W. 44th Ave. With that being said, it is highly unlikely CDOT would grant additional access points onto W. 44th Ave from the property. In fact, they may request that one of the existing access points be closed. The Process The first step in the rezoning began with the pre-application meeting on October 20 The second step required by the Community Development Department will be to conduct a neighborhood meeting. For this meeting, the applicant must inform all property owners within a 600 foot radius of the property via mail or hand delivery of the meeting. The Community Development Department will provide the mailing labels to the applicant but the applicant must prepare the letter. The letter must first be approved by staff before it can be mailed. A template of the letter is included with the pre-application meeting minutes. At the meeting, a staff planner will present to answer any questions attendees may have and to inform them of the rezoning process. After the neighborhood meeting the applicant has the ability to submit the application for a rezoning. Upon submittal of the land use application, the assigned staff member will refer the application to other city departments and outside agencies for their input. This referral period typically lasts for 15 days. Once referral comments are received back and the internal planning department review is complete, a list of comments will be provided to the applicant for required revisions. If all requirements are to the satisfaction of the case planner, the application will be scheduled for a public hearing before the Planning Commission. To meet legal noticing requirements for the public hearing, a pubnc notice will be advertised in the Wheat Ridge Transcript, letter notices will be sent to property owners within a 300' radius and the property will be posted for 15 days. A staff report will be prepared with a recommendation of approval, approval with conditions, or denial. At the hearing, staff will present evidence to support their recommendation. The public will also be allowed to present evidence or give testimony in support or in opposition of the project. The Planning Commission will recommend approval or denial of the project based on the testimonies given by staff, applicant and the public. After the Planning Commission hearing, the case will be heard before City Council. City Council will make the final determination to approve, approve with conditions or deny the application. The City Council meeting will follow the same format as the Planning Commission hearing, at which, the City Council will give a final ruling on the case. The zone change will typically be effective fifteen days after publication. Building comments: Building Department was not present at the meeting. Comments will be made upon application submittal. Streetscape / Architectural Design comments: The ASDM will only apply to new buildings or redevelopment of the site and are not applicable at this time. Attachments: Pre-application transmittal sheet, Public Works comments, Rezoning (to a Planned Development District) packet Phone Numbers Meredith Reckert - Senior Planner 303-235-2848 Jeff Hirt - Planner II 303-235-2849 Adam Tietz - Planner I 303-235-2845 John Schumacher - Building Official 303-235-2853 Dave Brossman - Development Review Engineer 303-235-2864 Ryan Stachelski - Economic Development Specialist 720-898-4706 4