HomeMy WebLinkAboutWZ-99-037500 West 29th Avenue
Wheat Ridge, Colorado 80215
FAX 303/235 -2857
February 9, 2000
Maury Fox
4465 Mpling Street
Wheat Ridge, CO 80033
Dear Maury:
The City of
Wheat RidA
This letter is in regard to your pending application for rezoning of three parcels of land located at
the southwest corner of West 44 Avenue and Tabor Street. The northern two parcels have
unrestricted C -1 uses and the southern parcel has C -1 with use limitations. The application
would be to rezone and consolidate all of the parcels into a unified Planned Commercial
Development to allow the display, storage, rental and sales of recreational vehicles.
Staff has reviewed the submitted preliminary site plan and has the following comments:
1. The landscaped strip along the western property line has been increased from 15'
in width to 20'
2. An approximate 40'x 50' addition is being shown on the eastern side of the
existing structure leaving a 30' setback adjacent to Tabor Street. Tabor Street is
currently substandard in width being only 10' wide from centerline where 25' is
required. The City's Public Works Department will not support the design as
shown and will require a 15' right -of -way dedication in addition to the 30'
required setback.
3. A building on the northwest parcel has been eliminated and replaced with
inventory and customer parking. Landscaping in this area is replaced with
pavement.
4. The six foot high chainlink fence running along the western property has been
replaced with a six foot high solid wooden fence.
5. In the prior staff analysis, it was concluded that there was inadequate buffering for
adjacent low density and passive recreational uses. Can the buffers along the
south and east sides be increased to the width specified as setback areas (30' on
east and 15' on the south).?
6. Other items of concern raised by Planning Commission regarding the prior
application which should be incorporated into the development plan include the
type of paging system used, whether banners and flags are allowed on the
property, no future buildings be allowed on southern parcel, no RV's be allowed
along the southern and eastern property lines and only boat storage be allowed in
these locations, no storage of automobiles be allowed, adequate circulation be
provided, site lighting be used which is not obtrusive to adjacent low intensity
uses, landscaping being placed along the west side of the fence adjacent to the
greenbelt, either paving or a clean class 6 road base be used in the storage /sales
lot, no propane be allowed. on the property.
7. The Comprehensive Plan which was not adopted when the last application was
considered by Planning Commission designates future desirable land use as
Community Commercial Service/ Employment Center on the northern one -third
of the property and Single Family (up to five dwelling units per acre) on the
southern two- thirds. This application will not be consistent with the Comp Plan.
8. Because this will be an application for planned development the requirements of
Section 26- 25 of the Wheat Ridge Code of Laws must be met. This would
include a freestanding outline plan document which establishes general design
and use parameters, final development plan including information regarding
signage, building elevations and a revised drainage report and a plat document
which will consolidate the three parcels into one. Please refer to the appropriate
code section which details what is required for each document.
9. Pursuant to Section 26- 26- 6(F)(1), a pre - application neighborhood meeting needs
to be held prior to the application being submitted.
Earlier this week, an application for a building permit was submitted which is different than the
plan you provided as it shows the building addition occurring around the existing building (on
the east, west and south sides). The proposed setback shown on the east side of the building is
45'. The building appears to be of pre- fabricated metal with a stucco finish applied to the front
(north) elevation. Although not disallowed by code, the use of these materials could set a
negative precedent regarding the rest of the property and could affect the outcome of the
rezoning application. Should we proceed with review of the permit knowing it could affect your
rezoning application?
In addition, there seem to be a fair number owners' representatives involved with the property
which has made it awkward for staff. We would ask in the future that one primary contact
person be used to avoid the confusion.
Finally, staff has been given a directive which prohibits attendance at meetings where there are.
attorneys present unless the city attorney is also in attendance. This applies to not only public
hearings, but neighborhood meetings and informal consultation meetings. If you act as the
primary contact for the case, it could lengthen the process substantially. Knowing this, please
advise me as to how you would like to proceed..
If you have questions concerning any of the above, feel free to contact me at 303 - 235 -2848
Sincerely,
Meredith Reckert, AICP
Senior Planner
CITY COUNCIL MINUTES: December 20, 1999 Page - 2 -
Item 2. Resolution 74 - repealing and reenacting the City Budget, and appropriating
sums of money to the various funds and spending agencies in the amounts
specified below, for the City of Wheat Ridge, Colorado,-for the 2000 Budget
Year.
Resolution 74 was introduced by Mr. DiTullio, who also read the title and summary.
Thomas Slattery, 6869 West 32nd Avenue, representing Wheat Ridge United Neighborhoods,
read a letter into the record, which asks for an on-going plan for the undergrounding of electric
and communications wires.
Motion by Mr. DiTullio for the adoption of Resolution 74;'seconded by Mr. Mancinelli; carried
7-0.
DECISIONS. RESOLUTIONS AND MOTIONS
Item 3. Withdrawal of the Appeal of Planning Commission decision to deny Case No.
WZ-99-03(11808 West 44th Avenue).
Motion by Mr. DiTullio to accept the applicant's request to withdraw the request for appeal of
the Planning Commission decision to deny Case No. WZ-99-03; seconded by Mrs. Worth;
.carried 7-0.
Item 4. 4151 Avenue, Wadsworth-Carr, Traffic Calming Concept Plan.
Item 4 was introduced by Mr. Mancinelli, who read the title and summary.
The following speakers asked for approval of the conceptual plan to control speeding traffic on
41s1 Avenue between Wadsworth and Carr Streets:
Hany Fleshman, 7980 West 4151 Avenue;
Katherine Campbell, 4105 Yarrow Court;
Katie Field, 7790 West 41st Avenue.
Motion by Mr. Mancinelli that the conceptual plan to control speeding traffic on 41 s1 Avenue
(between Wadsworth and Carr Streets), as reviewed and voted on by neighborhood residents,
be approved; seconded by Mr. Edwards; carried 7-0.
City of Wheat Ridge
Planning and Development Department
SUBJECT: Case No. WZ-99-03 Appeal
DATE: December 13, 1999
The owner's attorney has requested the withdrawal of the appeal of the Planning Commission
decision to deny Case No. WZ-99-03 (see attached letter). The owner will be filing a new
application, which will include platting of the property to a single parcel.
Staff is recommending that the above application be accepted by Council for withdrawal.
0ec-03-iM 12:33pm From-SAY! OFFICES 3034214308 T-260 P.001/001 F-645
MAURICE F. FOX
ATTORNEY AT LAw
44OS KIPLING STRE2T
WMEAT XIOGE, COLORADO YGG.YH
i C~C~n VIVC JVa YCr YYµp
December 3, 1999
FAX NO. 303.235.2857
Planning Division
tarty of wheat Ridge
7500 West 29"' Avenue
Wheat Ridge, CO 80033
ATTENTION: Barbara
RE: Case No. WZ-99-03
nNNvai w V idnnuly ~ulunU~iuu vct-lalun
wn
1 10110 V VeSI 4'! HVBf IUB
I represent the owner of the real property, which is the subject of the
above referenced appeal. On behalf of the owner, I request that Case No. WZ-
99-03 be removed from the December 20, 1999 agenda. I intend to file a new
aDDlication. which will include olattina of the orooerty to a sinale oars el. I
therefore reo! hest that r.Ac,A Nn W7-Qq- n'q (thin anneail Fw writhrlmw
Should you have any questions, please call.
MFF'skf
cc: Hari Sack
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
9Ridge
December 1, 1999
Dear Property Owner:
This is to inform you that Case No. WZ-99-03, an appeal of the Planning Commission
decision to deny a request for a change of zoning conditions on property zoned C-1:
Restricted Use - RV/Boat Storage to C-1: Restricted Use - RV Storage and Sales with
variances for the property located at 11808 W. 44th Avenue 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 December 20,1999 at 7:00 p.m.
All owners and/or their representative of the parcels under consideration must be present at
this hearing. As an area resident or interested parry, you have the right to attend this Public
Hearing and/or submit written comments. "If you are an adjacent property owner, you
have the right to file a legal protest against the application which would require a 3/4th
majority vote of City Council to approve the request." It shall be the applicant's
responsibility to notify any other persons whose presence is desired at this hearing.
If you have any questions or desire to review any plans, please contact the Planning Division
at 235-2846. Thank you.
Planning Division.
C:\Barbara\CCRPTS\PUBNOTIC\wz99031euer.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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City of Wheat Ridge
Planning and Development Department
Memorandum c
TO: Alan White, Director of Planning and development
FROM: `Meredith Reckert, Senior Planner
SUBJECT: Service Request
DATE: October 6, 1999
Please let this memorandum serve as a response to Mr. Mancinelli's inquiry regarding the
property owned by Hari Sach at the southwest corner of W. 44"' Avenue and Tabor Street.
Mr. Sach owns properties addressed at 11800, 11808 and 11880 W. 44 11, Avenue. The properties
addressed as 11800 and 11808 W. 40 Avenue which directly abut W. 44"' Avenue are zoned
unrestricted Commercial -One. The property to the rear addressed as 11808 W. 44` Avenue is
zoned Commercial -One however, pursuant to rezoning action in 1993, the only use allowed is
recreational vehicle storage.
Earlier this year, the owner applied for a rezoning to expand the use restrictions on the rear parcel
to allow RV sales in addition to the storage. A public hearing was held at Planning Commission
on April 1, 1999. The request was denied for the following reasons:
The adjacent commercial zoning to the east extends 300 feet south and this
request is to extend the full commercial use 500 feet to the south. There has been
no change in the character of the neighborhood which justifies increasing the
encroachment of a more intense commercial use south 500 feet into a residential
and agricultural area.
2. The property was originally zoned to C -1 for storage upon representation by the
owner that this would be an interim use only with nominal landscaping and
buffering.
3. The requested change in use is inconsistent with both the previous and current
future land use map and is also inconsistent with the Fruitdale Master Plan all of
which show residential uses on the southern part of the property. Any proposed
change in use should respect the city's intent that the southern part of the property
is intended to be residential.
4. The proposed change of zone to the southern portion of the property is
incompatible with the residential and agricultural properties to the east and south
of the property and with the green belt area to the south.
5. The change of use would provide little economic benefit to the city because sales
tax revenues generated by RV's go to the city where the purchaser lives, not to
the City of Wheat Ridge.
The applicant appealed the denial by Planning Commission to City Council but postponed
scheduling and requested a temporary use permit from the Board of Adjustment in May to allow
the temporary RV sales. His request was approved for one year.
The applicant has now requested scheduling for public.hearing in front of City Council and has
been tentatively scheduled for first reading on October 25, 1999, with the public hearing on
November 22.
In regard to Mr. Mancinelli's specific questions, I have the following responses:
Why can't he have all 3 pieces of property under one address?
He can but the city would require a consolidation plat to aggregate the three parcels into one.
This could be a problem with the rear parcel because of the restricted C -1 zoning. Because
zoning on the rear parcel is different from zoning on the front two parcels, it should remain a
separate piece. Also, our regulations allow only one building per parcel which is inconsistent
with what the owner is proposing (IE, multiple buildings)
2. Why can't he develop all three pieces of C -1 zoned ground as if they were one
property?
Because the rear (southern) parcel has specific use limitations that the front parcels don't. A
rezoning process is required to add new uses to the one use (RV storage) allowed.
Why can't he move his temporary building further into the center of his property,
near the utility pole?
I don't know where the utility pole is located. I would have to see a specific site plan.
There is a 25' wide ingress /egress easement for access to the rear parcel on the east part of the
western parcel which must be taken into consideration.
Oct -01 -99 08:15A Ralph Mancinalli
4203914
P_01
TELECOPIER TRANSMITTAL MEMO
TO: A lan White, Planning Director FAX NUMBER
AT: City of wheat Ridge
DATE OF TRANSMITTAL: 10/01/1999 LOCAL TIME 9:00 A.M.
FROM: RALPH MANCINELLI District II
NUMBER OF PAGES 1 (INCLUDING THIS SHEET)
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL ME IMMEDIATELY
AT THE FOLLOWING NUMBER: 303- 425 -7383.
REMARKS: "HARI SACH of 11808 W. 44TH AVENUE"
Dear Alan:
This is only for information,
11800 West 44th Avenue is zoned C -1, so is 11808 and 11880. A11 three
of these properties are owned by the above individual. I was asked these
questions,
1- Why cant tie have all 3 pieces of property under one common address,
preferable (11808 West 44th Avenue)?
2- Why cant he develop all 3 pieces of C -1 zoned ground as if they were
one property?
3- Why cant he move his temporary building further into the center of his
property, near the utility pole?
(A) If he is successful in moving his temporary building, he then wants
to build a service area where his now existing, temporary building
stands.
ThanKs.
Respectfully /
Ralph Mancinelli
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Roy Wooten
FROM: Meredith Reckert, Senior Planner
SUBJECT: 11808W. 44 Avenue
DATE: September 13, 1999
This memorandum is in regard to the building permit application for C -1 zoned property located
at 11808 W. 44` Avenue. The site plan proposes a 2700 square foot addition to an existing
building. The proposed addition would be located 27.4' from the existing Tabor Street right -of-
way line and 50' from the W. 44` Avenue right -of -way line. The existing building is roughly
1926 square feet in size with the property being 17,500 square feet.
There are several concerns with the proposal detailed below which need to be resolved prior to
the issuance of a building permit:
1. Setback
The C -1 zone district regulations require a sideyard setback to be 30' where 27.4' is shown.
2. Street Dedication for Tabor Street
Tabor Street right -of -way is substandard with the City's standard section for a local street being
10' wide from centerline where 25' is required. Because of the proximity of the proposed
addition to the existing right -of -way line, the Public Works Department is concerned regarding
potential future street widening and is requesting a 15' right -of -way dedication. If the City were
to issue a permit with a 30' setback and no dedication, upon street widening, the building would
be setback 5' from the right -of -way line. This would be a hazardous situation for you as the
property owner as well as the traveling public. The City would consider accepting a larger
building setback of 45' from existing property line in lieu of right -of -way dedication. When the
street is widened, the building would be setback 30' as required by code.
Landscaping
It appears that the property is currently substandard relative to the City's requirements for
commercial landscaping. The regulations require that with new commercial construction, a
minimum of 10% of the total lot area be landscaped with street trees installed at a rate of one tree
for every 30' of street frontage. In addition, one more tree or shrub is required for every 1000
square feet of lot area. When an addition is proposed on a non - conforming lot, the City can
require the installation of landscaping proportionate to the increase in building area. Because a
100% increase in building area is being requested, the City will require conformance with the
standards specified above if the property doesn't already meet the standard. No landscape plan
was submitted, therefore, it is impossible for us to evaluate what landscaping is currently on the
property and how much more will be required..
4. Drainage
The Public Works Department is requesting submission of a drainage plan and report including
an erosion control plan.
Portable Building
The plan shows the portable building being relocated onto Parcel `C'. Relocation of the building
onto the rear parcel would violate the current zoning conditions on the property, as well as the
approved Temporary Use Permit. The current location shown on the plan is in the middle of the
access easement for the three properties.
Please let me know how you intend on resolving these issues. I can be reached at 303 - 235 -2848.
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: April 1, 1999 DATE PREPARED: March 23, 1999
CASE NO. & NAME: WZ-99-03/Thompson CASE MANAGER: M. Reckert
ACTION REQUESTED: Change of conditions of C-1 zoned property
LOCATION OF REQUEST: 11808 W. 44th Avenue
NAME & ADDRESS OF APPLICANT(S):
Sandra Thompson
3319 Raleigh St.
Denver, CO 80212
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
Hari Sach
11800 W. 44`h Avenue
2.6 acres
C-1 (restricted use - RV/boat storage)
RV Storage lot
N: A-1, C-1: S: A-1; E: C-1, A-1 ; W: C-1, A-1
N: Commercial, low density: S: low density ; E:
Commercial, low density W: Commercial, Open Space
See Section IV. of staff report
March 12, 1999
March 17, 1999
March 10, 1999
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE Q SLIDES
0 SUBDIVISION REGULATIONS (X) EXHIBITS
Q OTHER
JURISDICTION:
The property is within the City of Wheat Ridge and all notification and posting requirements have been met;
therefore, there is jurisdiction to hear this case.
ATTACHMENT 1
L REQUEST/CASE HISTORY
The applicant requests approval of a change of zoning conditions on property located at 11808 W.
44' Avenue. Current zoning on the property is C-1 with use restrictions (RV/boat storage as the
single allowed land use). The applicant requests a change of zoning conditions to allow RV sales on
the property in addition to the storage. Because the property is located within the Fruitdale Valley
Master Plan, a site plan for development is required with the zoning request. Pursuant to Section 26-
6 (C)(1)(b), the rezoning process is to be followed when "changing of the conditions of an existing
zone district where those conditions were specifically established by a previous rezoning ordinance."
In 1993, Ordinance 921 was approved by the Wheat Ridge City Council which approved a rezoning
of properties located at 11800 (Parcel A), 11808 (Parcel B) and 11880 (Parcel C) West 44m Avenue
from Restricted-Commercial and Agricultural-One to Commercial-One.
Conditions of approval were as follows:
1. A type I site plan shall be prepared for submittal to be recorded at Jefferson County.
2. An easement to allow ingress and egress for all parcels along the main entrance
between Parcels A and C shall be prepared and submitted with the Type I site plan, in
a form that can be recorded at Jefferson county.
3. If any ditch or laterals have or will be moved, easements allowing their continued use
and maintenance shall also be submitted.
4. A decorative wood or block fence shall be erected along the north, south and east
property lines of Parcel B.
5. The landscaping shall be in accordance with the attached landscape plan or at least in
accordance with Section 26-32(D)(3).
6. All curb cuts along W. 44' Avenue and Tabor Street shall be closed with the
exception of the main entrance between Parcels A and C.
7. Only recreational vehicle storage on a water-permeable surface will be allowed on
Parcel B.
Attached under Exhibit A is the site plan approved for the property. Attached under Exhibits B and
C are minutes from Planning Commission and City Council pubic hearings for Case No. WZ-92-12.
Staff would note that the under the current zoning conditions, the property can remain "as is"
indefinitely with the existing use restrictions and site improvements. With the request for the change
of zoning conditions, Staff has the opportunity to assess the requested use change and existing site
characteristics.
IL NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on December 8, 1998. The following persons were in
attendance:
Planning Commission: WZ-99-03/Thompson Page 2
April 1, 1999
Meredith Reckert - city staff
Sandy Thompson - applicant
Hari Sach - owner
Doris Meakins - 4340 Tabor Street
Keith Meakins - 4340 Tabor Street
Diane Tipton - 4311 Tabor Street
George Isquith - 4350 Tabor Street
Mike Koeltzow - 4291 Tabor Street
The following concerns were expressed:
♦ How many vehicles can be accommodated on the lot? Currently, 171.
♦ Whether open-ended C-1 would be requested or just the one additional use (sales).
♦ Why aren't service bays located on parcel C?
♦ Whether there would be access to the irrigation ditch running along the southern and
western sides.
♦ How many different RV manufacturers would be used? Three.
♦ How many different models would be kept on the property? 30 to 40.
♦ Whether the chain-link fence on the west side be made solid.
♦ What would be used for surfacing?
♦ Any new lighting proposed?
♦ Whether the sign could be shut-off at night? The owner offered to put it on a timer,
shutting off at 10 p.m.
♦ Will another fire hydrant be required?
♦ What will be the effect on ground water?
III. AGENCY REFERRALS
Parks and Recreation Commission has requested a 6' high solid wood fence along the west property
line set inside the property with a landscaping strip with extensive evergreen plantings (including
pines and spruce) on the west side of the fence to be maintained by the developer. On-site lighting
should be done in such a way as to not interfere with the enjoyment of open space or disturbing the
wildlife.
Public Works has requested that the lot be resurfaced with a clean Class 6 roadbase material.
Recycled asphalt will not be allowed in order to minimize environmental concerns regarding
groundwater, surface water and the change in surface imperviousness. No additional public
improvements or widening will be required on either 44th Avenue or Tabor St. A new drainage
report is not required.
Arvada Fire Protection District can service the property with the existing hydrants on Tabor Street.
Tabor Street has adequate width for the secondary access for use by the district's mini-pumper and
does not need to be widened.
Valley Water District has lines already in place to serve the property.
Planning Commission: WZ-99-03/Thompson rage i
April 1, 1999
IV. REZONING CRITERIA
The original zoning approval on the property limited use of Parcel B (11808 W. 44`h Avenue) to
recreational vehicle storage. There were no use limitations on the two properties along West 44th
Avenue (Parcels A and Q. In order for Parcel B to be used for RV storage and sales, the condition
allowing only storage needs to be changed. This could be done in either of two ways: 1) remove the
restriction of RV storage and allow all C-1 uses; or 2) keep the restriction of RV storage and allow
the one new use (RV sales). From a staff perspective, not all C-1 uses are appropriate at this location
considering adjacent residential properties to the south and east. However, a zone classification
restricted to one or two uses is hard to administer. In the original hearing of Case No. WZ-92-12,
staff had given City Council the option of rezoning to RC with a special use permit for the RV
storage.
When the property was rezoned, a site plan was required as part of the Fruitdale Valley Master Plan.
A revised site plan has been submitted for review as Exhibit D with staff discussion under section V.
of this report.
Staff has the following comments regarding the criteria used to evaluate a change in zoning or
change of zoning conditions:
1. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error.
There are no errors on the City zoning map: The property was rezoned to C-1 with use
restrictions in 1992.
2. A change in the character in the area has occurred due to the installation of public
facilities, other zone changes, new growth trends, deterioration or development
transitions.
The West 44`h Avenue corridor continues to develop commercially, replacing small homes on
commercially zoned land or redeveloping existing businesses which aren't developed to their
full potential. The C-1 zones abutting the subject site extends 300' south from 44`h Avenue
versus the 500' depth on this property. The majority of the commercial properties along 44`h
Avenue have open ended C-1.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies,
comprehensive land use plan and other related policies or plans for the area.
The existing Comprehensive Plan future land use map designates the property as multiple use
on the north half and medium density residential on the south. Multiple use is defined as "a
mix of residential, office and/or retail commercial uses, and parks and open space, and
public/semi-public uses, to be developed in a manner which insures compatibility between
Planning Commission: WZ-99-03/Thompson Page 4
April 1, 1999
uses within multiple use areas and adjacent uses, especially where adjacent to low density
residential uses. Industrial uses are specifically prohibited."
The Fruitdale Valley Master Plan designates the property as neighborhood commercial on the
north and moderate density residential on the south. In the 1992 staff report, staff supported
the rezoning to allow the RV storage lot as they felt it could fill a neighborhood need. This
need was exacerbated by the fact that the City was considering an ordinance prohibiting RV
parking on-street and that the RV storage lot was to be an interim use. Typically, the type of
businesses allowed in unrestricted C-I zoning serve the region in addition to just the
immediate neighborhood. If the Planning Commission approves a change of conditions for
the property, staff recommends that the one additional use (RV sales) be allowed and not
open-ended C-1. The applicant concurs with the single new use concept.
The proposed comprehensive plan designates desirable land use as Community Commercial
Service/Employment Center on the northern one-third of the property and Single-Family (up
to five dwelling units per acre) on the southern two thirds.
Staff concludes that the existing zoning and proposed change of conditions are inconsistent
with the existing and proposed comprehensive plan designations on the southern part of the
property. Pursuant to Section 2-61(c) of the Wheat Ridge Code of Laws, "If the Planning
Commission makes a recommendation for approval of a change to a zoning district which
differs significantly from the comprehensive plan, the Planning Commission shall also make
a recommendation for amendment of the comprehensive plan so the proposed zoning change
shall fit compatibly into the overall planning concept of the city." Also per Section 2-61(f),
when a "rezoning is denied, amendment of the comprehensive plan shall be considered" if the
zone change is denied based on incompatibility with the comprehensive plan.
At the time of original zone approval, the existing classifications of Multiple Land Use and
Moderate Density Residential were in place. Therefore, the change of zone to C-I was
inconsistent with the comprehensive plan designation for the south half of the property.
Based on the duties and powers of the Planning Commission spelled out in the code of laws,
logic would follow that a change should have been considered for amendment to the
comprehensive plan map showing either a multiple use or commercial designation on the
entire site. Staff believes that the zone change was approved based on testimony from both
the owner/applicant and city staff that the RV storage was to be considered an interim use
with minimal buffering installed. Upon submittal of a development plan for permanent use
of the site, the transition between adjacent land uses would be reassessed. Once permanent
land use and zoning was established, a change to the comprehensive plan map would be
made.
4. That the proposed change of zone is compatible with the surrounding area and there
will be minimal adverse impacts considering the benefits to be derived.
Planning Commission: WZ-99-03/Thompson Page 5
April 1, 1999
Zoning and land use surrounding the property include A-1 zoning with low density residential
land use to the south. The land east of the property is zoned C-1 and utilized as a fence
company and low density residential land use zoned A-1. Abutting the property to the west is
the existing J.W. Brewer tire servicing facility with C-1 and C-2 zoning, as well as the A-1
zoned Coors-owned property leased to the City as open space. Although the C-1 zoning is
already in place, staff believes that the property is not appropriately developed for permanent
usage as RV storage and sales. To achieve compatibility with the adjacent low density and
passive recreation uses substantial buffering through the use of upgraded fencing and
landscaping should be required.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There will be direct economic benefits to the City as sales tax revenues generated when a
person living in Wheat Ridge purchases an RV from this location. Sales tax generated from
vehicle sales is received by the entity where the buyer resides and licenses the vehicle. Sales
tax is collected from both vehicle rentals and vehicle storage where the lot is located.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do
not exist or are under capacity.
Any utility upgrades required can be provided to the property at the owner's expense.
That the proposed rezoning will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
Since there are no major changes proposed to the property (i.e., no buildings proposed), there
should be no resultant drainage problems or reductions of light and air to adjacent properties.
There could be some changes to the types and quantities of traffic to and from the site.
8. That the property cannot reasonably be developed under the existing zoning conditions.
The property is currently being used for RV and boat storage. However, because the storage
lot was considered an interim use at the time of rezoning, there is minimal landscaping and
buffering provided on site. Conversion of the property into a permanent sales and storage lot
should be allowed only with mitigation to adjacent low impact land uses.
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
Spot zoning is not an issue.
Planning Commission: WZ-99-03/Thompson Page 6
April 1, 1999
10. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
It is impossible for staff to ascertain whether the change of zoning conditions will fill a void
in services, products or facilities. There are two RV sales lots in the City (Ketelsen Campers
and Casey's), one specialized servicing facility (Camper World) with another ready to be built
and numerous storage lots.
V. SITE PLAN
The Fruitdale Valley Master Plan requires site plan approval with zone changes to ensure integration
and compatibility of " the proposed development with adjacent properties including methods to
mitigate potential negative impacts on residential properties." The comprehensive plan also calls for
site plan approval with zone changes for properties designated Multiple Use. As such, "authority is
specifically reserved to Planning Commission and City Council to limit uses and to require additional
design or development standards within a multiple use area so as to achieve the stated compatibility
objectives." See section IV. of this report for discussion of comprehensive plan objectives.
The property owner's land is comprised of three parcels. Parcel A (11800 W. 44`h Avenue) is an old
service station which was recently remodeled into an RV sales and service facility. Parcel C has on
it an existing vehicle repair facility and small office for the storage lot. Access to Parcel B is
obtained through a single curb cut and easement across Parcel C. The property owner will eventually
demolish the existing car repair building and replace it with an RV service facility in accordance with
the attached site plan.
There are no site plan or use restrictions on Parcels A and C. Neither Parcel A or C is subject to the
existing application.
Parcel B is the existing RV/boat storage lot. It is surfaced with reconstituted asphalt and is
surrounded with C high fencing. Fencing along the north is chain-link with mesh screening, on the
east is solid wood with brick pillars, along the west is chain-link, along the south is solid wood. A
landscaped strip from five to fifteen feet wide planted with trees runs along the inside of the fences
along the east, south and west. The owner is proposing minimal changes to the site plan (Exhibit D
with narrative) with the exception of the addition of wooden slats in the existing fence along the
western property line to provide buffering for the city open space.
The original zoning proposal was approved on the premise that the RV storage lot was an interim
land use. Based on the temporary nature of the use the former owner proposed, and was approved
for, only minimal landscaping areas along property perimeters. Because of the request for the change
of zoning conditions, staff has the ability to reassess the development especially in regard to the
transition between adjacent land uses. Staff concludes that buffering as proposed is inadequate for
the adjacent low intensity uses on the south half of the property along the eastern, southern and
western boundaries.
Planning Commission: WZ-99-03/Thompson Page 7
April 1, 1999
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the property was rezoned and improved in 1992 with use restrictions as an
interim development scenario. Because it was intended for the property to be more extensively
developed at some point in the future, minimal landscaping and buffering was required. For the
property to be converted to a permanent use as RV storage and sales lot, protection of adjacent low
intensity land uses is essential.
The site plan submitted proposes no changes to the property and is therefore inadequate as a
permanent development scenario. Without intensive buffering along the eastern, southern and
western boundaries, Staff will not support the additional allowed use of RV sales. For these reasons
a recommendation of Denial is given for both the site plan and proposed changed zoning conditions.
Staff would support the change of conditions to add RV sales as an allowed use if the site plan is
amended with intensive landscaping (both horizontal and vertical) and upgraded fencing.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ-99-03, a request for a change of zoning conditions on C-1
zoned land located at 11808 West 44th Avenue, be DENIED for the following reasons:
1. The property was originally zoned and developed as an interim land use with minimal
landscaping and buffering.
2. The property is abutted on the east and south by single family residences and by City
open space on the west.
3. The site plan submitted proposes no changes to the property and is inadequate as a
permanent development scenario."
Option B: "I move that Case No., a request for a change of zoning conditions on C-1 zoned land
located at 11808 West 44`h Avenue, be recommended to the City Council for APPROVAL for the
following reasons:
A change of zoning conditions is required to allow the sales of RV's
2.
3.
With the following condition:
1. The site plan be amended to show intensive landscaping (both horizontal and vertical)
and upgraded fencing."
Planning Commission: WZ-99-03/Thompson Page 8
April 1, 1999
The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent.
It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that
Case No. MS-99-01, a request for a three-lot minor subdivision for properties located at 5901,
5955 and 5995 West 38th Avenue be approved for he following reasons:
The proposed replat will clarify an existing confusing lot conglomeration.
2. All requirements of the subdivision regulations have been met.
Commissioner SNOW offered the following amendment: "On the following condition: that
the language of the cross easements be reviewed and approved by the city attorney before being
recorded." The amendment was accepted by Commissioner THOMPSON.
The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent.
Mr. Anderson returned to the podium to comment on Louise Turner's earlier presentation
regarding the comprehensive plan. He stated that Louise was involved in the incorporation of
the City of Wheat Ridge in 1969 and has been very active in the city since that time. He asked
that because of her many years of involvement and commitment to the City that her comments
be carefully considered by the Commission.
Commissioner SNOW noted that Mr. Anderson served as the first mayor of Wheat Ridge.
(Chair BRINKMAN declared a recess at 8:45 p.m. The meeting reconvened at 8:55 p.m.)
e No.
WZ-99-03 An application by Sandra Thompson for a change of zone from C-1:
B. 7ceasst
ricted Use - RV/Boat Storage to C-1: Restricted Use - RV Storage and Sales with
variances for the property located at 11808 West 44th Avenue.
This case was presented by Meredith Reckert. She reviewed the staff report and presented
slides and overheads of the subject property. She entered all pertinent documents into the
record and advised the Commission that there was jurisdiction to hear the case. The documents
were accepted by Chair BRINKMAN. Staff concluded that the property was rezoned and
improved in 1992 with use restrictions as an interim development scenario. Because it was
intended for the property to be more extensively developed in the future, minimal landscaping
and buffering was required. For the property to be converted to a permanent use as RV storage
and sales lot, protection of adjacent low intensity land uses is essential. The submitted site plan
proposes no change to the property and is therefore inadequate as a permanent development
scenario. Without intensive buffering along the eastern, southern and western boundaries, staff
does not support the additional allowed use of RV sales. For these reasons, a recommendation
of denial is given for both the site plan and proposed changed zoning conditions. Staff would
support the change of conditions to add RV sales as an allowed use if the site plan is amended
with intensive landscaping (both horizontal and vertical) and upgraded fencing.
Planning Commission Page 4
04/01/99
ATTACHMENT 2
Commissioner THOMPSON stated that even though she spoke as a citizen in opposition to the
rezoning of this land in 1992, she felt she could be objective in this matter. She asked if there
was any objection to allowing her to hear this case. There was no objection expressed by any
Commission member.
Commissioner THOMPSON referred to the site plan which indicates parking for "car/boat
spaces" and expressed concern that car sales not be allowed at this location. .
Commissioner GOKEY expressed concern that access from the subject property onto Tabor
would present a severe negative impact on the surrounding area. Ms. Reckert explained that the
present access is for emergencies only and that staff would not require Tabor Street to be
widened unless there was a change to full service access. Commissioner GOKEY felt that
Tabor Street is too narrow for any kind of two-way traffic and should be widened regardless of
the type of access.
Commissioner GOKEY expressed concern about eliminating 85% of RV storage on this
property to become RV sales. Ms. Reckert didn't believe this would be a problem for overall
RV storage space in the city.
Commissioner THOMPSON expressed concern about buffering for residents to the south of the
lot and asked if parking along the south boundary. could be limited to boats. Ms. Reckert
replied that this could be a condition of approval.
In response to a question from Commissioner MACDOUGALL, Mr. Goebel clarified the
drainage plan for the site.
Sandra Thompson
3319 Raleigh Street
Ms. Thompson was sworn in by Chair BRINKMAN.
Hari Sach
11800 West 44th Avenue
Mr. Sach was sworn in by Chair BRINKMAN.
Ms. Thompson stated that she was representing Mr. Sach and that he applied for the rezoning in
order to conduct sales on the rear portion of the property. The future office/service bay area
planned for Parcel C is still somewhat undefined, but the applicant wanted to show that the
intent was to build on the two front parcels as opposed to building anything on the back parcel.
Proper circulation through the lot will be planned at the time of construction. In regard to the
parking lot surface, it is presently gravel with a few asphalt entries; however Mr. Sach would
like to pave the first forty feet of parcel B from the north property line to provide a cleaner area
for customers to inspect the RV's.
Planning Commission Page 5
04/01/99
Commissioner GOKEY stated that the proposed parking plan is not functional. Mr. Sach
disagreed and stated that the plan allowed for backing the RV's out of their space. In response
to Commissioner GOKEY's question about proposed lighting, Mr. Sach replied that there
would be three 250 watt lights.
In response to a question from Commissioner THOMPSON concerning car/boat storage, Mr.
Sach replied that occasionally a customer will trade a car in on an RV and that such cars are
taken to auction for sale. He assured the Commission that he would not be selling cars on his
lot. He stated that part of the back lot would still be used for RV storage. In regard to a
request for a solid wood fence, Mr. Sach replied that he would prefer to place slats in the
present chain link fence.
Commissioner DOYLE commented that the slats in the chain link fence would not provide
adequate screening.
In response to a question from Commissioner THOMPSON, Mr. Goebel stated that the site
triangle from Tabor Street onto 44th Avenue was adequate. She asked Mr. Goebel's opinion
on the plan to pave the first 40 feet of the lot. Mr. Goebel replied that it might affect the
drainage and the city would have to look at it and perhaps do an amended drainage report.
Commissioner THOMPSON asked if Mr. Sach planned to store propane on his lot. Mr. Sach
replied that he would not sell propane on his lot. Commissioner GOKEY stated, for
clarification, that used RV's on the site contained propane.
Commissioner MACDOUGALL asked if the present or future owners could blacktop the entire
lot. Mr. Goebel replied that a drainage report would be required.
Commissioner THOMPSON asked if it were legal for customers to sell their RV's that are
stored on the lot. Mr. Sach replied that there is a provision in the contract that prohibits this,
but that occasionally customers do it anyway and there doesn't seem to be away to stop them.
Diane Christenson
4311 Tabor Street
Ms. Christenson was sworn in by Chair BRINKMAN. She stated that she was in opposition to
the change in zoning conditions which would allow sales on the rear portion of parcel B as a
permanent use.
Commissioner THOMPSON asked if this use could be restricted to the owner rather than the
land. Ms. Reckert replied that this could be done through the use of a special use permit.
George Isquith
4350 Tabor Street
- Mr. Isquith was sworn in by Chair BRINKMAN. He stated his opposition to the proposed
change in zoning conditions. He would not be opposed to the special permit process. He
Planning Commission Page 6
04/01/99
expressed concern that one of the proposed lights would affect his residence.
George Von Brehm
4305 Tabor Street
Mr. Von Brehm was sworn in by Chair BRINKMAN. He indicated his opposition to the
proposed change in zoning conditions.
Commissioner SNOW moved and Commissioner GOKEY seconded that Case No. WZ-99-O,
a request for a change of zoning conditions on C-1 zoned land located at 11808 West 44th
Avenue be denied for the following reasons:
The adjacent commercial zoning to the east extends 300 feet south and this request is to
extend the full commercial use 500 feet to the south. There has been no change in the
character of the neighborhood which justifies increasing the encroachment of a more
intense commercial use south 500 feet into a residential and agricultural area.
2. The property was originally zoned to C-1 for storage upon representation by the owner
that this would be an interim use only with nominal landscaping and buffering.
The requested change in use is inconsistent with both the previous and current future
land use map and is also inconsistent with the Fruitdale Master Plan all of which show
residential uses on the southern part of the property. Any proposed change in use
should respect the city's intent that the southern part of the property is intended to be
residential.
4. The proposed change of zone to the southern portion of the property is incompatible
with the residential and agricultural properties to the east and south of the property and
with the green belt area to the south.
5. The change of use would provide little economic benefit to the city because sales tax
revenues generated from RV's go to the city where the purchaser lives, not to the City
of Wheat Ridge.
The motion for denial passed by a vote of 6-0 with Commissioners COLLINS and
SHOCKLEY absent.
Ms. Reckert explained that a denial from Planning Commission stands on a rezoning matter;
however, the applicant has a right to file an appeal to the City Council within ten working days
of the Planning Commission's action.
For the record, Commissioner THOMPSON requested that if this matter proceeds to City
Council and is adopted, that City Council consider the following conditions:
(1) that no PA system be allowed; (2) that no flags or banners be allowed; (3) that there be no
additional buildings put on the back parcel (parcel B); (4) that there be no RV's allowed along
Planning Commission Page 7
04/01/99
the southern portion of the property nor along Tabor Street that is adjacent to residential homes
and this area be kept for storage of boats only; (5) that there be no opportunity given for the
storage of automobiles with the intent of selling them on this property; (6) that a solid wood
fence be placed on the west portion of the property in order to block the view from the green
belt and residential neighborhood to the west; (7) that the circulation pattern into and around
parcels A, B and C are adequate and safe, especially with the redesign of the service bay area;
(8) that lighting be taken into consideration for the residential neighborhood to make sure they
do not shine into neighboring homes and are turned off at a certain time each night; (9) that the
landscaping strip be located outside the fence on the west side and be maintained by the
applicant; (10) that the public work's department request that the lot be resurfaced with clean
class six road base material (no recycled asphalt) be met; and (11) that no propane storage be
allowed on the property. .
Sandra Thompson returned to the podium to ask what procedures are to be followed in
applying for a special use permit. She was informed by the Commission that she could contact
the city staff for direction in this regard.
8. CLOSE THE PUBLIC HEARING
Chair BRINKMAN closed the public hearing.
9. OLD BUSINESS
A. Brewer Tire - Commissioner THOMPSON moved and Commissioner SNOW seconded that
Alan White be authorized to direct Code Enforcement to immediately investigate the storage of
tires on the Brewer property and that the situation be monitored monthly to ensure compliance
with the city code.
The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent.
10. NEW BUSINESS
A. Public Forum - Commission SNOW asked that the three-minute limit be enforced for this
portion of the meeting. .
B. State Beauty Supply - Chair BRINKMAN asked that the lighting problem be addressed.
There are lights on the property that presently shine directly into the adjacent residence.
Planning Commission Page 8
04/01/99
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PUBLIC HEARING SPEAKERS' LIST
CASE NO: lNZ -
99 d3 DATE: Apri11,1999
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: April 1, 1999 DATE PREPARED: March 23, 1999
CASE NO. & NAME: WZ -99 -03 /Thompson CASE MANAGER: ' M. Reckert
ACTION REQUESTED: Change of conditions of C -1. zoned property
LOCATION OF REQUEST: 11808 W. 44" Avenue
NAME & ADDRESS OF APPLICANT(S): Sandra Thompson
3319 Raleigh St.
Denver, CO 80212
NAME & ADDRESS OF OWNER(S):
Hari Sach
11800 W. 44" Avenue
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
2.6 acres
C -1 (restricted use - RV/boat storage)
RV Storage lot
N: A -1, C -1: S: A -1; E: C -1, A -1 ; W: C -1, A -1
N: Commercial, low density: S: low density ; E:
Commercial, low density W: Commercial, Open Space
COMPREHENSIVE PLAN FOR THE AREA: _.. See Section IV. of staff report
DATE PUBLISHED: March 12, 1999
DATE POSTED: March 17, 1999
DATED LEGAL NOTICES SENT: March 10, 1999
ENTER INT RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE 0 SLIDES
O SUBDIVISION REGULATIONS (X) EXHIBITS
O OTHER
-------------------------------------------------------------------------------------------------------------------------------
JURISDICTION:
The property is within the City of Wheat Ridge and all notification and posting requirements have been met;
therefore, there is jurisdiction to hear this case.
1. REQUEST /CASE HISTORY
The applicant requests approval of a change of zoning conditions on property located at 11808 W.
44" Avenue. Current zoning on the property is C -1 with use restrictions (RV/boat storage as the
single allowed land use). The applicant requests a change of zoning conditions to allow RV sales on
the property in addition to the storage. Because the property is located within the Fruitdale Valley
Master Plan, a site plan for development is required with the zoning request. Pursuant to Section 26-
6 (C)(1)(b), the rezoning process is to be followed when "changing of the conditions of an existing
zone district where those conditions were specifically established by a previous rezoning ordinance."
In 1993, Ordinance 921 was approved by the Wheat Ridge City Council which approved a rezoning
of properties located at 11800 (Parcel A), 11808 (Parcel B) and 11880 (Parcel C) West 44' Avenue
from Restricted - Commercial and Agricultural -One to Commercial -One.
Conditions of approval were as follows:
A type I site plan shall be prepared for submittal to be recorded at Jefferson County.
An easement to allow ingress and egress for all parcels along the main entrance
between Parcels A and C shall be prepared and submitted with the Type I site plan, in
a form that can be recorded at Jefferson county.
If any ditch or laterals have or will be moved, easements allowing their continued use
and maintenance shall also be submitted.
A decorative wood or block fence shall be erected along the north, south and east
property lines of Parcel B.
The landscaping shall be in accordance with the attached landscape plan or at least in
accordance with Section 26- 32(D)(3).
All curb cuts along W. 44` Avenue and Tabor Street shall be closed with the
exception of the main entrance between Parcels A and C.
Only recreational vehicle storage on a water - permeable surface will be allowed on
Parcel B.
Attached under Exhibit A is the site plan approved for the property. Attached under Exhibits B and
C are minutes from Planning Commission and City Council pubic hearings for Case No. WZ- 92 -12.
Staff would note that the under the current zoning conditions, the property can remain "as is"
indefinitely with the existing use restrictions and site improvements. With the request for the change
of zoning conditions, Staff has the opportunity to assess the requested use change and existing site
characteristics.
II. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on December 8, 1998. The following persons were in
attendance:
Meredith Reckert - city staff
Sandy Thompson - applicant
Planning Commission: WZ- 99- 03/Thompson
April 1, 1999
Page 2
f -Z
Hari Sach - owner
Doris Meakins - 4340 Tabor Street
Keith Meakins - 4340 Tabor Street
Diane Tipton - 4311 Tabor Street
George Isquith - 4350 Tabor Street
Mike Koeltzow - 4291 Tabor Street
The following concerns were expressed:
♦ How many vehicles can be accommodated on the lot? Currently, 171.
♦ Whether open -ended C -1 would be requested or just the one additional use (sales).
♦ Why aren't "service bays located on parcel C?
♦ Whether there would be access to the irrigation ditch running along the southern and
western sides.
♦ How many different RV manufacturers would be used? Three.
♦ How many different models would be kept on the property? 30 to 40.
♦ Whether the chain -link fence on the west side be made solid.
♦ What would be used for surfacing?
♦ Any new lighting proposed?
♦ Whether the sign could be shut -off at night?
shutting off at 10 p.m.
♦ Will another fire hydrant be required?
♦ What will be the effect on ground water?
III. AGENCY REFERRALS
The owner offered to put it on a timer,
Parks and Recreation Commission has requested a C high solid wood fence along the west property
line set inside the property with a landscaping strip with extensive evergreen plantings (including
pines and spruce) on the west side of the fence to be maintained by the developer. On -site lighting
should be done in such a way as to not interfere with the enjoyment of open space or disturbing the
wildlife.
Public Works has requested that the lot be resurfaced with a clean Class 6 roadbase material.
Recycled asphalt will not be allowed in order to minimize environmental concerns regarding
groundwater, surface water and the change in surface imperviousness. No additional public
improvements or widening will be required on either 40 Avenue or Tabor St. A new drainage
report is not required.
Arvada Fire Protection District can service the property with the existing hydrants on Tabor Street.
Tabor Street has adequate width for the secondary access for use by the district's mini - pumper and
does not need to be widened.
Valley Water District has lines already in place to serve the property.
IV. REZONING CRITERIA
Planning Commission: WZ- 99- 03/Thompson
April 1, 1999
Page
rlp �
The original zoning approval on the property limited use of Parcel B (11808 W. 44` Avenue) to
recreational vehicle storage. There were no use limitations on the two properties along West 44th
Avenue {Parcels A and Q. In order for Parcel B to be used for RV storage and sales, the condition
allowing only storage needs to be changed. This could be done in either of two ways: 1) remove the
restriction of RV storage and allow all C -1 uses; or 2) keep the restriction of RV storage and allow
the one new use (RV sales). From a staff perspective, not all C -1 uses are appropriate at this location
considering adjacent residential properties to the south and east. However, a zone classification
restricted to one or two uses is hard to administer. In the original hearing of Case No. WZ- 92 -12,
staff had given City Council the option of rezoning to RC with a special use permit for the RV
storage.
When the property was rezoned, a site plan was required as part of the Fruitdale Valley Master Plan.
A revised site plan has been submitted for review as Exhibit D with staff discussion under section V.
of this report.
Staff has the following comments regarding the criteria used to evaluate a change in zoning or
change of zoning conditions:
1. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error.
There are no errors on the City zoning map. The property was rezoned to C -1 with use
restrictions in 1992.
2. A change in the character in the area has occurred due to the installation of public
facilities, other zone changes, new growth trends, deterioration or development
transitions.
The West 44` Avenue corridor continues to develop commercially, replacing small homes on
commercially zoned land or redeveloping existing businesses which aren't developed to their
full potential. The C -1 zones abutting the subject site extends 300' south from 44` Avenue
versus the 500' depth on this property. The majority of the commercial properties along 44`
Avenue have open ended C -1.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies,
comprehensive land use plan and other related policies or plans for the area.
The existing Comprehensive Plan future land use map designates the property as multiple use
on the north half and medium density residential on the south. Multiple use is defined as "a
mix of residential, office and/or retail commercial uses, and parks and open space, and
public /semi - public uses, to be developed in a manner which insures compatibility between
uses within multiple use areas and adjacent uses, especially where adjacent to low density
residential uses. Industrial uses are specifically prohibited."
The Fruitdale Valley Master Plan designates the property as neighborhood commercial on the
Planning Commission: WZ- 99- 03/Thompson
April 1, 1999
Page 4
L/
north and moderate density residential on the south. In the 1992 staff report, staff supported
the rezoning to allow the RV storage lot as they felt it could fill a neighborhood need. This
need was exacerbated by the fact that the City was considering an ordinance prohibiting RV
parking on- street and that the RV storage lot was to be an interim use. Typically, the type of
businesses allowed in unrestricted C -1 zoning serve the region in addition to just the
immediate neighborhood. If the Planning Commission approves a change of conditions for
the property, staff recommends that the one additional use (RV sales) be allowed and not
open -ended C -1. The applicant concurs with the single new use concept.
The proposed comprehensive plan designates desirable land use as Community Commercial
Service/Employment Center on the northern one -third of the property and Single - Family (up
to five dwelling units per acre) on the southern two thirds.
Staff concludes that the existing zoning and proposed change of conditions are inconsistent
with the existing and proposed comprehensive plan designations on the southern part of the
property. Pursuant to Section 2 -61(c) of the Wheat Ridge Code of Laws, "If the Planning
Commission makes a recommendation for approval of a change to a zoning district which
differs significantly from the comprehensive plan, the Planning Commission shall also make
a recommendation for amendment of the comprehensive plan so the proposed zoning change
shall fit compatibly into the overall planning concept of the city." Also per Section 2 -61(0,
when a "rezoning is denied, amendment of the comprehensive plan shall be considered" if the
zone change is denied based on incompatibility with the comprehensive plan.
At the time of original zone approval, the existing classifications of Multiple Land Use and
Moderate Density Residential were in place. Therefore, the chan of zone to C -I was
inconsistent with the comprehensive plan designation for the south half of the property.
Based on the duties and powers of the Planning Commission spelled out in the code of laws,
logic would follow that a change should have been considered for amendment to the
comprehensive plan map showing either a multiple use or commercial designation on the
entire site. Staff believes that the zone change was approved based on testimony from both
the owner /applicant and city staff that the RV storage was to be considered an interim use
with minimal buffering installed. Upon submittal of a development plan for permanent use
of the site, the transition between adjacent land uses would be reassessed. Once permanent
land use and zoning was established, a change to the comprehensive plan map would be
made.
4. That the proposed change of zone is compatible with the surrounding area and there
will be minimal adverse impacts considering the benefits to be derived.
Zoning and land use surrounding the property include A -1 zoning with low density
residential land use to the south. The land east of the property is zoned C -1 and utilized as a
fence company and low density residential land use zoned A -1. Abutting the property to the
west is the existing J.W. Brewer tire servicing facility with C -1 and C -2 zoning, as well as the
A -1 zoned Coors -owned property leased to the City as open space. Although the C -1 zoning
Planning Commission: WZ -99 -03 /Thompson Page 5
April 1, 1999
,8'S
is already in place, staff believes that the property is not appropriately developed for
permanent usage as RV storage and sales. To achieve compatibility with the adjacent low
density and passive recreation uses substantial buffering through the use of upgraded fencing
and landscaping should be required.
5. That there will be social, recreational, physical and /or economic benefits to the
community derived by the change of zone.
There will be direct economic benefits to the City as sales tax revenues generated when a
person living in Wheat Ridge purchases an RV from this location. Sales tax generated from
vehicle sales is received by the entity where the buyer resides and licenses the vehicle. Sales
tax is collected from both vehicle rentals and vehicle storage where the lot is located.
6. That adequate infrastructure /facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do
not exist or are under capacity.
Any utility upgrades required can be provided to the property at the owner's expense.
7. That the proposed rezoning will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
Since there are no major changes proposed to the property (i.e., no buildings proposed), there
should be no resultant drainage problems or reductions of light and air to adjacent properties.
There could be some changes to the types and quantities of traffic to and from the site.
8. That the property cannot reasonably be developed under the existing zoning conditions.
The property is currently being used for RV and boat storage. However, because the storage
lot was considered an interim use at the time of rezoning, there is minimal landscaping and
buffering provided on site. Conversion of the property into a permanent sales and storage lot
should be allowed only with mitigation to adjacent low impact land uses.
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
Spot zoning is not an issue.
10. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
It is impossible for staff to ascertain whether the change of zoning conditions will fill a void
in services, products or facilities. There are two RV sales lots in the City (Ketelsen Campers
Planning Commission: WZ- 99- 03/- Chompson Page 6
April 1, 1999
i
and Casey's), one specialized servicing facility (Camper World) with another ready to be
built and numerous storage lots.
V. SITE PLAN
The Fruitdale Valley Master Plan requires site plan approval with zone changes to ensure integration
and compatibility of" the proposed development with adjacent properties including methods to
mitigate potential negative impacts on residential properties." The comprehensive plan also calls for
site plan approval with zone changes for properties designated Multiple Use. As such, "authority is
specifically reserved to Planning Commission and City Council to limit uses and to require
additional design or development standards within a multiple use area so as to achieve the stated
compatibility objectives." See section IV. of this report for discussion of comprehensive plan
objectives.
The property owner's land is comprised of three parcels. Parcel A (I 1800 W. 44`" Avenue) is an old
service station which was recently remodeled into an RV sales and service facility. Parcel C has on
it an existing vehicle repair facility and small office for the storage lot. Access to Parcel B is
obtained through a single curb cut and easement across Parcel C. The property owner will eventually
demolish the existing car repair building and replace it with an RV service facility in accordance with
the attached site plan.
There are no site plan or use restrictions on Parcels A and C. Neither Parcel A or C is subject to the
existing application.
Parcel B is the existing RV/boat storage lot. It is surfaced with reconstituted asphalt and is
surrounded with 6' high fencing. Fencing along the north is chain -link with mesh screening, on the
east is solid wood with brick pillars, along the west is chain -link, along the south is solid wood. A
landscaped strip from five to fifteen feet wide planted with trees runs along the inside of the fences
along the east, south and west. The owner is proposing minimal changes to the site plan (Exhibit D
with narrative) with the exception of the addition of wooden slats in the existing fence along the
western property line to provide buffering for the city open space.
The original zoning proposal was approved on the premise that the RV storage lot was an interim
land use. Based on the temporary nature of the use the former owner proposed, and was approved
for, only minimal landscaping areas along property perimeters. Because of the request for the change
of zoning conditions, staff has the ability to reassess the development especially in regard to the
transition between adjacent land uses. Staff concludes that buffering as proposed is inadequate for
the adjacent low intensity uses on the south half of the property along the eastern, southern and
western boundaries.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the property was rezoned and improved in 1992 with use restrictions as an
interim development scenario. Because it was intended for the property to be more extensively
developed at some point in the future, minimal landscaping and buffering was required. For the
riammng commission: WZ- 99- 03rMompson
April 1, 1999
Page 7
/✓'7
property to be convert ed to a permanent use as RV storage and sales lot, protection of adjacent low
intensity land uses is essential.
The site plan submitted proposes no changes to the'property and is therefore inadequate as a
permanent development scenario. Without intensive buffering along the eastern, southern and
westem boundaries, Staff will not support the additional allowed use of RV sales. For these reasons
a recommendation of Denial is given for both the site plan and proposed changed zoning conditions
Staff would support the change of conditions to add RV sales as an allowed use if the site plan is
amended with intensive landscaping (both horizontal and vertical) and upgraded fencing.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ- 99 -03, a request for a change of zoning conditions on C -1
zoned land located at 11808 West 44 Avenue, be DENIED for the following reasons:
1. The property was originally zoned and developed as an interim land use with minimal
landscaping and buffering.
2. The property is abutted on the east and south by single family residences and by
City open space on the west.
3. The site plan submitted proposes no changes to the property and is inadequate as a
permanent development scenario." .
Option B: "I move that Case No., a request for a change of zoning conditions on C -1 zoned land
located at 11808 West 44" Avenue, be recommended to the City Council for APPROVAL for the
following reasons:
1. A change of zoning conditions is required to allow the sales of RV's
2.
3.
With the following condition:
The site plan be amended to show intensive landscaping (both horizontal and vertical)
and upgraded fencing."
E9Rcckcn \w6903sM ffreport.wpd
Planning Commission: WZ- 99- 03/Thompson Page 8 "
April 1, 1999
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Planning Commission Minutes
December 17, 1992
Page 6
Commissioner JOHNSON asked if problems exist with the property
regarding sewer line installation or requirements for same.
Mr. Diede stated that he knew of no problems existing with the
installation of sewer.
Commissioner CERVENY moved that Case No. MS-92-1, an application
by Roger Knight (represented by Mr. Diede through Power of
Attorney) for approval of a four-lot minor subdivision for
property located at 3370 Simms Street, be Approved for the
following reasons:
1. The property is within the City of Wheat Ridge, and all
notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
2. The proposed subdivision exceeds the minimum standards for
the R-1 zone; and
3. All requirements of the Subdivision Regulations have been
met;
With the following conditions:
1. The problem with the legal description be corrected;
2. No fill, grading or improvements occur on Lots 1 and 2 until
a Special Exception permit is approved;
3. The $75 per additional lot created (3) be assessed in lieu of
parkland dedication;
4. A note be added to the subdivision plat, prior to recording,
- that Lot 2 shall not receive a-building permit unless a water
tap has been obtained;
5. A copy of the Power of Attorney naming Mr. Diede be provided
to the City of Wheat Ridge to become a part of the record.
Commissioner QUALTERI seconded the motion. Motion carried 6-0.
C. Case No. WZ-92-12: An application by Alexis
Investments Corporation for approval of a rezone from
Agricultural-One, Restricted-Commercial and Commercial-
One to Commercial-One and for site plan approval within
the Fruitdale Valley Master Plan. The property is
~~F located at 11800 and 11808 West 44th Avenue.
Commissioner JOHNSON stated that the site of the next case
borders his property and acknowledged he was acquainted with the
applicant in this case, however, he felt he could-make an
unbiased decision.
13-10
Planning Commission Minutes
December 17, 1992
Page 7
Mr. Moberg presented the staff report. Entered and accepted into
the record by the Chairman were the Comprehensive Plan, Zoning
Ordinance, case file, packet materials, slides and exhibits.
He noted that a fence had been installed by the applicant along
Tabor Street following preparation of the staff report.
Commissioner QUALTERI inquired if the applicant, should the
property be rezoned, park large commercial vehicles, such as semi
trucks.
Mr. Moberg answered no. He added that staff recommended that the
site plan indicate the site be utilized as a storage lot for
recreational vehicles only. Any deviation from that usage would
require applicant coming back to Planning Commission for re-
approval. A concern exists that the property could be utilized
as a staging lot for buses going to Central City.
Mr. Gidley explained that the parking of large trucks is not a
permitted use in the C-1 district. A Special Use Permit is
required for parking more than three semi-trucks or trailers in
the C-1 zone district.
Michele Brewer, 3333 East Bayaud Ave., #205, was sworn in. Ms.
Brewer stated the site had been cleaned up significantly. Two
houses had been removed from the property and grading had been
done. She reiterated this was an interim use for the property.
A 10-foot landscaped buffer currently exists in front of Johnny's
Auto Body and Brewer Tire. They are willing to add grass and a
couple trees in front of parcel A along W. 44th Ave. In order to
comply with landscaping regulations, she was willing to install
sod and trees between parcels C and B. However, she preferred
not to further landscape inside the fenced area. She felt the
neighbors were pleased with the new-installed fence.
Commissioner RASPLICKA asked how the fence would be completed.
Ms. Brewer stated the fence would be brick pillars with wood.
Commissioner RASPLICKA asked if the "tire farm" would be removed.
Ms. Brewer stated ideally, yes, it would be removed.
Ms. Brewer stated she had a problem with one of the stated
conditions. She wanted to note that a chain link fence would be
installed along the north side. Ms. Brewer did not feel that it
was necessary to remove the excess curb cuts on West 44th Avenue.
She thought the curb cut into parcel C was necessary so long as
the body shop was doing business.
Janice Thompson, 12290 West 42nd Avenue, was sworn in. Ms.
Thompson had concerns about the type of development coming into
her neighborhood. Some of the issues she mentioned were lack of
/9-1/
Planning Commission Minutes Page 8
December 17, 1992
screening and landscaping, neighborhood need, and that the change
of zoning to C-1 did not conform to the Fruitdale Master Plan.
Ms. Thompson felt the C-1 zoning did not belong adjacent to a
residential area. Should the zoning be changed, she wondered
what other uses would be allowed.
Mr. Gidley noted that any use allowed in C-1/C-2 zone districts
would be allowed. He elaborated to say that the storage of tires
was not a permitted use and that staff's recommendation was a
solid fence, not a chain link fence behind the buildings facing
west 44th Avenue. Mr. Gidley felt the development may meet a
need in the community, since Council has directed staff to
prepare an amendment to the Zoning Ordinance prohibiting parking
recreational vehicles in public rights-of-way.
Ms. Thompson asked if Industrial-zoned property to the north
would be better suited to this development. She did not feel
this development compatible with the Comprehensive Plan or the
Fruitdale Master Plan. Ms. Thompson suggested a Special Use
Permit be issued on a temporary basis, rather than changing the
zoning, until the applicant has a definite long-term plan for the
parcel.
Mr. Gidley went to the overhead projector and illustrated various
concepts with screening/fencing and landscaping.
Mr. Moberg reiterated that even if the property is rezoned C-1,
the site plan and rezoning ordinance will note this as the only
use allowed on the site. Should any other use be requested, it
must come again before Commission for site plan approval and use
approval by ordinance.
Commissioner QUALTERI asked if the City would require that the
entire area be-surfaced with asphalt.
Mr. Moberg stated the City will not require hard surface on the
entire parcel. Recycled asphalt may be used, but water must be
able to percolate on site. The drive is already asphalt.
Chairman LANGDON noted that regarding Ms. Thompson's comment
about community need, the RV park on Kipling and I-70 is
consistently full.
Ms. Thompson felt that the Industrial zone could best meet that
need. She doubted that C-1 zoning in a residential area meets
the intent of the Fruitdale Master Plan.
Michele Brewer stated the storage would include boats, jet skis,
and other items that are not necessarily 15 feet in height. She
added that it would not be feasible to purchase industrial-zoned
land and utilize it for RV storage, as the monetary return would
not make it profitable.
8-/2
Planning Commission Minutes Page 9
December 17, 1992
Chairman LANGDON called for a recess at 9:30 p.m. Meeting
reconvened at 9:58 p.m.
Commissioner RASPLICKA moved that Case No. WZ-92-12, an
application by Alexis Investments Corporation for approval of a
rezone from Agricultural-One, Restricted-Commercial and
Commercial-One to Commercial-One and for site plan approval for
property located at 11800 and 11808 West 44th Avenue within the
Fruitdale Valley Master Plan, be Approved for the following
reasons:
1. The change of zone is in conformance with the City of Wheat
Ridge Comprehensive Plan goals, objectives and policies; and
2. The proposed change of zone is compatible with the
surrounding area and there will minimal adverse impacts; and
3. The proposed rezoning will not adversely affect public
health, safety or welfare by creating drainage problems, or
seriously reduce light and air to adjacent properties; and
4. The property cannot reasonably be developed under the
existing zoning conditions; and
5. The rezoning will not create an isolated or spot zone
district related to adjacent or nearby areas.
With the following conditions:
1. That a Type I site plan shall be prepared for submittal to
City Council.
2. An easement to allow ingress and egress for all three parcels
along the main entrance between Parcels A and C, shall be
prepared and submitted with the Type I site plan, in a form
that can be recorded at Jefferson County. In addition, if any
ditch or laterals have or will be moved, easements allowing
there continued use and maintenance shall also be submitted.
3. A decorative wood or block fence shall be erected along the
west, south and east property lines of Parcel B.
4. An effort be made to landscape along the east side
of the parcel, even though the brick pillars have been
installed;
5. That landscaping be installed along West 44th Avenue
consistent with City recommendations;
6. That the C-1 zoning on this property be restricted strictly to
this RV storage use they.are proposing at this time. No other
use is permitted on this parcel without returning to Planning
Commission/City Council for site plan approval.
13-13
Planning Commission Minutes
December 17, 1992
Page 10
Commissioner CERVENY seconded the motion. He offered a friendly
amendment that the landscaping is essential on the east side, and
at the front of Parcel A, but since landscaping is present on
Parcel C, additional landscaping would not be required. Also,
landscaping should be installed along the north side of Parcel B.
Commissioner RASPLICKA agreed to this friendly amendment.
on carried 5-1, with Commissioner QUALTERI voting no.
8. CLOSE THE PUBLIC HEARING
9. OLD BUSINESS
A. Commissioner Qualteri pointed out some changes that
should be made to Planning Commission's Bylaws regarding
adding reference to the missing feminine gender.
Planning Commission consensus was to add feminine references
appropriately.
10. NEW BUSINESS
11. DISCUSSION AND DECISION ITEMS
A. Mr. Gidley brought to the attention of Planning
Commission that our City's GIS (Geographic Information
System) capabilities had been written up in the most
recent Planning Magazine. He thanked Commission for
their prior support in gaining the equipment necessary
so that the City could have this capability.
B. Mr. Gidley brought Commission up-to-date regarding new
City economic development programs. He will prepare a
package of information to be included in a future packet
for Commission regarding this matter.
12. COMMITTEE & DEPARTMENT REPORTS
13. ADJOURNMENT
There being no further business, Commissioner RASPLICKA moved for
adjournment. Commissioner JOHNSON seconded the motion. Motion
carried 6-0. Meeting adjourned at 10:25 p.m.
Sandra Wiggins, Secretary
/3-!L1
EV 14 r G
CITY COUNCIL MINUTES: February 22, 1993 Page -2-
Motion by Vance Edwards that Council Bill 3 (Ordinance 920), a request
for approval of a rezoning from Restricted-Commercial to Commercial-One
for property located at 9900 West 44th Avenue, be approved for the
following reasons: 1. The proposed rezoning is compatible with the
adjacent zoning and land use and it is consistent with the Comprehensive
Plan; and 2. The criteria used to justify a rezon.ing support approval of
this request; and 3. Planning Commission and staff recommend approval;
seconded by Mr. Shanley; carried 7-1 with Mrs. Brougham voting No.
Item 2. Council Bill 4 - An Ordinance providing for the approval of
rezoning from Restricted-Commercial and Agricultural-One
to Commercial-One and for approval of an Official Development
Plan on land located at 11808 West 44th Avenue, City of Wheat
Ridge, county of Jefferson, State of Colorado.
(Case No. WZ-92-12) (Alexis Investments)
N 000, Council Bill 4 was introduced by Phil Edwards on second reading; title
read by the Clerk; Ordinance No. 921 assigned.
Mr. Middaugh explained that the parcel in question is currently zoned
A-1, R-C, and C-1. The request is to have the entire parcel rezoned
to a C-1 classification. There has also been a request that the
landscaping requirements be waived. Council will be presented various
options for motions.
Mrs. Brougham complained that the Planning Commission Minutes were not
attached to the staff report and she requested that Council have those
Minutes prior to proceeding with this case.
Mr. Shanley asked for consensus to proceed with the hearing without the
Planning Commission Minutes. Consensus was 5 in favor to proceed.
Mr. Gidley presented the staff report and answered Council questions.
Michelle Brewer, 3333 E. Bayaud Ave., #205, representing the applicant,
was sworn in by the'Mayor. She gave history on the piece of property;
they have spent a considerable amount of money on it to make
improvements and have plans to spend more on landscaping. The
recreational vehicle storage is only temporary and they don't want to
spend a lot of money on landscaping until they find a permanent use for
the property; most of the improvements they made were made at their
neighbors requests; she was led to believe that their site plan was
sufficient and she submitted this plan in January and has never heard
anything back; the ditch has been moved to the southern end of the
property; although there are many trees on the property they are willing
to plant more; there is a need for this use in the community.
Alex Brewer, 13620 W. 30th Place, Golden, office address 11900 W. 44th
Avenue, adjoins the property in question; the reason he bought this
property is that his business is expanding; they have worked with the
neighbors; this is not a permanent use, it is too expensive for what we
are using it for, but for now it will keep the property clean; they have
done everything they could to comply with whatever the City asked.
/3-/5
CITY COUNCIL MINUTE°- February 22, 1993
Page -3-
Janice Thompson, 12290 W. 42nd Avenue, was sworn in by the Mayor; she
quoted from the Fruitdale Valley Master Plan that encourages quality
growth which preserves property values and upgrades the community.
Commercial Use along 44th Avenue that does not encroach on residential
areas is promoted. Incompatible and undesirable uses should be
excluded. She is concerned about the word "outside storage"; tires
stored behind Mr. Brewer's business are very unsightly. She asked that
C-1 be only along 44th Avenue and the. rest of the property remain
Restricted Commercial to protect the residential uses. Comply with
landscaping regulations.
Motion by Phil Edwards that Council Bill 4 (Ordinance 921), a request
for rezoning from Agricultural-One and Restricted Commercial to
Commercial-One with an approved site plan for property located at 11800
West 44th Avenue be approved for the following reasons: The change of
zone is in conformance with the City of Wheat Ridge Comprehensive Plan
goals, objectives and policies; and the proposed change of zone is
compatible with the surrounding area and there will be minimal adverse
impacts; and the proposed rezoning will not adversely affect public
health, safety or welfare by creating drainage problems, or seriously
reduce light and air to adjacent properties; and the property cannot
reasonably be developed under the existing zoning conditions; and the
rezoning will not create an isolated or spot zone district related to
adjacent or nearby areas. With the following conditions: A Type I site
plan shall be prepared for submittal to be recorded at Jefferson County.
An easement to allow ingress and egress for all thee parcels along the
main entrance between Parcels "A" and "C", shall be prepared and
submitted with the Type I site plan, in a form that can be recorded at
Jefferson County. In addition if any ditch or laterals have or will be
moved, easements allowing their continued use and maintenance shall also
be submitted. A decorative wood or block fence shall be erected along
the north, south and east property lines of Parcel "B". The landscaping
shall be in accordance with the attached landscape plan or at least
within accordance of Section 26-32(D)(3). All curb cuts along West 44th
Avenue and Tabor Street shall be closed with the exception of the main
entrance between Parcels "A" and "C"; seconded by Mr. Shanley.
Motion by Mrs. Brougham that Parcel "B" be indicated on the site plan to
allow Recreational Vehicle Storage only on a water-permeable surface;
seconded by Mr. Selstad; carried 5-3 with Councilmembers Shanley, Flasco
and Phil Edwards voting No.
Motion by Vance Edwards that the rezoning be from Agricultural-One and
Restricted Commercial to Restricted Commercial with a Special Use Permit
and an approved site plan; seconded by Mr. Selstad; failed 2-6 with
Vance Edwards and Mr. Selstad voting yes.
Phil Edwards called for the question; seconded
5-3 with Councilmembers Selstad, Vance Edwards
Vote on original motion as amended carried 5-3
Selstad, Vance Edwards and Brougham voting no.
feel this is in compliance with the Fruitdale
by Mr. Flasco; carried
and Brougham voting no.
with Councilmembers
Mrs. Brougham does not
faster Plan.
,8 -/P
1--Ercorded at _
Reception No
o'clock - %1.
SPECIAL NV.4RRANTY DEED
THIS DEED, made this I day of APRIL 19 98
between ALEXIS INVESTMENTS CORP.
a corporation duly organized and existing under and by virtue of the laws of the State
of Colorado , grantor, and
HARI S. SACHANANDANI
whose legal address is
of the
3224 Beech Ct.
Golden, CO 80401
"County of JEFFERSON
Recorder.
State of Colorado, grantee(s):
WITNESSETH, That the grantor, for and in consideration of the sum of 650, 000.00*****************
SIX HUNDRED FIFTY THOUSAND DOLLARS AND DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey, and confirm, unto the grantee(s) heirs, successors and assigns forever, all the real property, together with improvements-if any,
j situate, lying and being in the County of JEFFERSON , State of Colorado,
described as follows:
I1SEE ATTACHED EXHIBIT "A" HEREIN INCORPORATED AND MADE A PART HEREOF.
ii
also known by street and number as: 11800, 11808 & 11880 W. 44th Ave. Wheat Ridge, CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoeverof the grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s),
heirs, successors and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT
AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), heirs,
successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its
;PresjtcVe,,eeyd its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first
ALEXIS INVESTMENTS CORP.,
r n„; a Colorado Corporation
Michele L.
of the *County of JEFFERSON , State of Colorado, grantee(s):
WITNESSETH, That the grantor. for and inconsideration of the sum of 050,000.00*****************
SIX HUNDRED FIFTY THOUSAND DOLLARS AND DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
j convey, and confirm, unto the grantee(s) heirs, successors and assigns forever, all the real property, together with improvements, if any,
situate, lying and being in the County of JEFFERSON , State of Colorado.
described as follows:
SEE ATTACHED EXHIBIT "A" HEREIN INCORPORATED AND MADE A PART HEREOF.
also known by street and number as: 11800, 11808 & 11880 W. 44th Ave. Wheat Ridge, CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoeverof the grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s),
heirs, successors and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT
AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), heirs,
successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its
nZS4 , enuvid its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first
yTCBV1 ALEXIS INVESTMENTS CORP.,
a Colorado Corporation
' P ~ Beceenuy
flMichele L. Brewe
oq~truq~l~~ STATE OF COLORADO
ss.
County or Jefferson
The foregoing instrument was acknowledged before this let
by Michel--L. Brewer
and
of Alexis Investments Corp., a Colorado
My commission expires 3111J.-CO.-I,
Witness my hand and official seal.
day of April 19 98
as President
as Secretary
r ^ 7pg corporation.
V c CSC 111. 1
*If in Denver, insert "City and."
Noouy Public
No. 16B. Rev. 12-85. SPECIAL WARRANTY DEED (Corporation)
O
Bradford Publishing, 1763 Wazee St.. DRnver. CO/980202 -(303) 29'--2500-1190
F/
LEGAL DESCRIPTION
FILE NO. 1113814
PAGE 1 OF 1
"EXHIBIT A"
PARCEL A:
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11,
EXCEPT THE WEST 20 FEET
AND EXCEPT THE FAST 150 FEET THEREOF,
LEE'S SUBDIVISION,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
PARCEL B:
THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11,
EXCEPT THE EAST 10 FEET THEREOF,
LEE'S SUBDIVISION,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
PARCEL C:
THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 AND THE NORTH 3/5 OF THE
SOUTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 OF LOT 11,
LEE'S SUBDIVISION,
THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23,
EXCEPT THE EAST 10 FEET OF SAID LOT 11,
ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS:
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11,
LEE'S SUBDIVISION,
EXCEPTING THEREFROM THE EAST 10 FEET THEREOF,
AND EXCEPTING THE WEST 20 FEET THEREOF,
AND ALSO EXCEPTING THOSE CERTAIN PORTIONS OF SAID LAND AS CONVEYED IN DEEDS
RECORDED AUGUST 20, 1993 AT RECEPTION NUMBERS 93127939 AND 93127940 AND
RE-RECORDED OCTOBER 4, 1993 AT RECEPTION NUMBERS 93156671 AND 93156672,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
4611
o, ~EqP LAND USE CASE PROCESSING APPLICATION
n
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge. CO 80033
Phone 203) 235-2S46
w
ApplicantS4NbRAK•TH-OMF50t-I Address ~>-3I9 "Le(CH ~bT Phone 3 L-)-& 0.4115
City Pt5wyt:{Z.
-~v`A"~"~
Owner FkfZl ~ ~ Address I18a8 W 441-H 4F4Ve- Phone 303
City U4F~kT 12IC>ro8
Location of request (address)
Type of action requested (check one or more of the actions liste
d below which pertain to your request.)
Change of zone or zone conditions ❑
Variance / Waiver
❑ Site development plan approval ❑
Nonconforming use change
❑ Special Use Permit ❑
Flood plain special exception
❑ Conditional Use Permit ❑
Interpretation of Code
❑ Temporary Use, Buildings, Signs ❑
Lot line Adjustment
❑ Minor Subdivision (5 lots or less) ❑
Planned Building Group
❑ Subdivision (More than 5 lots) ❑
Street Vacation
❑ Preliminary ❑ Final ❑
Other:
7etailed description of the request: C
,OrJ D l ON o G-I
U4~r-- S
U M SMP-A&t-,~A' 5M45
Fill out the following information to the best of your knowledge.
Current Zoning: V21R.UcP-5Tb
Size of Lot (ac es orsquare footage): U
Current use: V
Proposed use: V `3 12k
Assessors Parcel Number:
1 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 re sted actin cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attor fro he o ner which approved of this action on his behalf.
Signature of Applican
Subscribed and sworn to me this Kta day of-?T-~11, 19 yq
~.C
Notary Public
My commission expires
received T Receipt No. 6- WYK Case No. W L- q9-D 3
7
e No. Zoning G l Quarter Section Map C~
d Cas
Relate
0 -ZO
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
9Ridge
March 9, 1999
Dear Property Owner:
This is to inform you that Case No. WZ-99-03, a request for a change of zoning conditions
on property zoned C-1: Restricted Use - RV/Boat Storage to C-1: Restricted Use - RV
Storage and Sales with variances for the property located at 11808 W. 44th Avenue will be
heard by the Wheat Ridge Planning Commission in the Council Chambers of the
Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Thursday,
April 1, 1999 at 7:30 p.m.
All owners and/or their representative of the parcels under consideration must be present at
this hearing before the Planning Commission. As an area resident or interested party, you
have the right to attend this Public Hearing and/or submit written comments. It shall be the
applicant's responsibility to notify any other persons whose presence is desired at this
hearing.
If you have any questions or desire to review any plans, please contact the Planning Division
at 235-2846. Thank you.
Planning Division.
C:\Barbara\PCRPTS\PLANGCOM\PUBER2G\wz9903letter.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 • POLICE DEPARTMENT FAX: 235-2949
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on April 1, 1999, at 7:30 p.m. at 7500 West 29th Avenue, Wheat
Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
Case No. MS-99-01: An application by Albert Anderson, Linda Carter and David
Dutton to consolidate existing non-conforming lots, adjust lot lines and setback variances
to allow the existing buildings to further comply with established setback requirements.
No additional properties will be created which could be developed. The properties are
zoned C-1, located at 5901, 5955 and 5995 West 38th Avenue and legally described as
follows:
Lots 1 through 11, Lot 14 and the West 1 foot of Lot 15, Hahn Subdivision, being a part
of the southeast 1/4 of Section 24, Township 3 South, Range 69 West of the 6`h P.M.,
:7ase ty o efferson, City of Wheat Ridge, State of Colorado.
2. No. WZ-99-03: An application by Sandra Thompson for a change of zone from C-
1: Restricted Use - RV/Boat Storage to C-1: Restricted Use - RV Storage and Sales with
variances for the property located at 11808 West 44th Avenue legally described as
follows:
The north 1/2 of the east 1/2 of the north 1/3 and the north 3/5 of the south 1/2 of the east
'/2 of the north 1/3 of Lot 11, Lee's Subdivision, the plat of which is recorded in Plat
Book 2 at Page 23, except the east 10 feet of said Lot 11, also except that part described
in Book 1019 at Page 570 as follows:
The north 125 feet of the east 1/2 of Lot 11, Lee's Subdivision, excepting therefrom the
east 10 feet thereof, and excepting the west 20 feet thereof, and also excepting those
certain portions of said land as conveyed in deeds recorded August 20, 1993 at Reception
Numbers 93156671 and 93156672, County of Jefferson, State of Colorado.
ATTEST:
G
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: March 12, 1999
b64 A jd4,- ~
Barbara Delgadillo, Plammng Secretary
C:~Barb=\PCRPTS\PLANGCOM\PUBHRG\990401 meeting.wpd
SANDRA K. THOMPSON
ARCHITECT
March 22, 1999
Meredith Recker[
Senior Planner
City of Wheat Ridge
7500 West 29' Avenue
Wheat Ridge, Colorado 80215
Dear Meredith:
Attached, please find the required copies of the revised site plan for the proposed rezoning of the
property located at 11808 West 44' Avenue for the April 1, 1999, Planning Commission Meeting. As you
know, the intent of this proposed rezoning is to allow the existing use of recreational vehicle storage to
expand to sales. This will allow the owner, as well as any persons' storing property, to conduct business on the
premise. The intent is not to change the existing physical appearance, with the exception of a few
improvements.
In response to some of the comments during the review process, the owner, Hari Sach, has addressed the
following issues:
1. Landscape/Buffering. The existing landscaping will be maintained as a screen from the surrounding
neighbor hood. A 6' landscaping buffer at the north property line shall be maintained, as well as a the
existing 15' utility easement to the east and a 15' landscaping buffer to the south, however, the owner
will maintain the landscaping within the property to utilize the benefits to his customers.
2. Future Building. The future budding as previously shown on Parcel B, will be located at a future date
on Parcel C-in order to comply with the zoning requirements. All future proposed work shown on
the plan will be submitted to the appropriate governing bodies at that time.
3. Fire Department Access: Steve Steigleder, at the Arvada Fire District, has been to the site on multiple
occasions and has agreed that the requirement to widen Tabor street to allow continuous 24' access is
not necessary at this time as long as the owner maintains access, as well from 44'" Avenue.
4. Road Base: The original plans indicate resurfacing with recycled asphalt as requested by Public Works,
the owner will resurface with Class 6 road base material.
5. Fencing. It was requested by Wheat Ridge Parks and Recreation, that the fencing at the Southeast
corner of Parcel B that adjoins the Open Space, be replaced with a solid 6' fence. At this time, the
owner has agreed to provide new wood slats in the existing 6' chain link fence with security wire. Due
to increased security concerns, he feels, it is more beneficial to keep the fence and improve the visual
impact by adding the wood slats.
We do hope that this resubmittal is deemed appropriate and look forward to the meeting on April V.
Thank you for all of your help in this matter.
Sincerely,
~Z4~
Sandra K Thompson
Architect
3319 RALEIGH STREET • DENVER, COLORADO • 80212
PHONE: 303.668.2175 • FAX: 303.964.8224
S
7500 West 29th Avenue The City of of WHE4 )
Wheat Ridge, Colorado 80215 Wheat Ridge
Telephone 303/ 235-2846
FAX 303/235-2857
February 19, 1999 va
L
Sandy Thompson
3319 Raleigh Street 1
Wheat Ridge, Colorado 80212
Dear Sandy:
The following are comments relative to the proposed rezoning and site plan submitted for
property located at 11808 W. 44`h Avenue.
1. On the site data breakdown, please note site coverage in square feet and
percentage of total for each lot with building, landscaping and hard surfaced
coverages. 1%40
2. What size are the parking stalls? I'L x 5
3. What will happen along the south property line where stall sizes are smaller? i
4. Show all fences(with height and type), exterior lighting (height and type), signage
(location, size and height), landscaping, parking (including customer and
employee and display parking and handicapped spaces), easements, drainage
ponds and ways (including irrigation ditches), trash dumpsters with screening
and information regarding proposed building (including type of construction,
materials to be used, etc.).
5. A total of 107 stalls are being shown. Based on this amount, at least three interior
islands measuring the same as the stalls will be required. You had indicated that
instead of islands, you would be willing to increase buffering along the perimeter.
At a minimum, Staff would request that buffering be increased to at least 10'
along Tabor Street and 15' along the south and western property lines.
6. The site plan shown is not of sufficient size for Planning Commission review. At
a minimum, it should measure 11" by 17" so that adequate detail can be read. It
will eventually need to be in a 24" by 36" format so it can be recorded with
Jefferson County as an official development plan.
7. To meet the development plan standards, the following must be added:
1. The title should read "Hart's RV Sales/Storage Lot"
"An Official Development Plan in the City of Wheat ridge
2. Legal description of the property
3. ' Statement of zoning, character of the development and allowed uses for all
parcels
D. Signature block for owner
E. Recording block for Jefferson County Clerk and Recorder's Office
F. Signature blocks for the Chairman of the Planning Commission, Planning
and Development Director, Public Works Director, and Mayor with City
Clerk's attestation.
tk S. The future office/service bay building is required to have a front setback of 30'
~i where a 0' setback is shown. Because of that, a variance will have to be processed
with the case. It might be smart to increase the perimeter fence height on the
south and west side (adjacent to the open space) to at least 8'. This will also
require a variance. Please advise me how you wish to proceed.
9. Recorded easement allowing access to parcel B across parcel C.
The following are referral comments receive from outside agencies and other City departments.
Arvada Fire Protection District will require the emergency access gate on Tabor Street to
be 24' wide. Interior access aisles must be posted as fire lanes and be 24' in width.
Additional looped water lines and fire hydrant(s) will be require for the storage lot and
new building.
Valley Water District will require additional mainlines and fire hydrant(s) with the new
building. Individual lines with easements and individual water taps will be require for
any new structures.
Jefferson County Planning has no comments.
Wheat Ridge Public Works Department has requested that the lot be resurfaced with
clean, Class 6 road base material instead of recycled asphalt. This is required in order to
minimize environmental concern regarding groundwater, surface water and the change in
surface imperviousness. V
Wheat Ridge Parks and Recreation Commission has requested a 6' solid wood fence
setback inside a landscaped strip with extensive evergreen landscaping. Any lighting be
done in a way which does not interfere with the enjoyment of open space or which
~51 A
disturbs the wildlife.
Wheat Ridge Building Department has noted that the proposed structure will have to ~
meet setback and other typical C-1 development standards at the time of construction.
Any new lighting on the site will require permits and approvals.
Other items of concern from the old staff report from the previous case on this property: Vw~
J
1. Be able to address the issue of storm run-off on existing parcel. One of the
Planning Commission is a civil engineer and likes to talk about this. Would be
good to have a copy of the drainage report for the property.
2. Will loudspeakers or pagers be used?
3. What are materials for new building?
4. Can the fence along Tabor be moved so landscaping is on the outside? Can the
fence ne higher than 6'?
5. The Comprehensive Plan for this area shows the property as multiple use on the
north half and medium density residential on the south. Multiple use is defined as
"a mix of residential, office and/or retail commercial use, an parks and open
space, and public/semi-public uses, to be developed adjacent uses, especially
where adjacent to low density residential., uses. Industrial uses are specifically
prohibited."
The Fruitdale Valley Master plan designates the property as neighborhood
commercial on the north and moderate density residential on the south. The
proposed comprehensive plan shows the property as commercial center on the
north and single family detached residential (not to exceed 5 du's per acre) on the
south. Obviously, the existing and proposed uses are inconsistent with all of the
residential designations on the south half, although there is some argument that
the area has changed based on zoning actions in surrounding properties. This is
the only property along W. 44`h Avenue where the commercial extends so far
south.
6. There is some sentiment that the 44`h Avenue corridor is perceived as "RV city".
Since we do not collect sales tax when these vehicles are sold, it may be smart to
prepare something showing spin-off benefits from the sales. I believe that Hari
did this when we were working on the zoning case further to the west
7. Tabor Street right-of-way is only 20' in width which is substandard for a Class 7
street. However, starting 200' south of 40 Avenue, Tabor Street is classified as
an exempt local street. Typically, a street with this classification is exempt for the
requirement for installation of public improvements. Public Works will not
request installation of public improvements on the northern 200' if no access
points are requested.
There may be other items of concern in the future which are unforeseen at this time. This case is
scheduled for public hearing in front of Planning Commission on April 1, 1999. I will need a
revised site plan no later than March 22, 1999, for packet distribution.
If you have questions regarding any of the items above, feel free to call me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
cc: WZ-99-03
3~61.9V.98N
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02/07/99 SUN 20:26 FAX 3039648330 Sandra K. Thompson 0001
SANDRA K. THOMPSON
ARCHITECT
FACSIMILE TRANSMITTAL SHEET
TO:
FROM:
Meredith Reckea
SKr
COMPANY:
DATE:
City of Wheat Ridge.
February 7,1999
FAY NUMBE'R'
TOYAL NO. OF PACRY INCLUDING COVER:
303.235-2853
2
PHONE NUMBER:
SENDER'S REFERENCE NUMBER:
303.235-2857
98024
RE:
YOUR REFERENCE NUM ML
RV America-11808 West 44th
-
❑ URGENT H FOR REVIEW H PLEASE COMMENT O PLEASE REPLY ❑ PLEASE RECYCLE
NOTES/COMMENTS:
Meredith-
Here is the site plan showing the St6ping arms in Parcel Band landscaping areas. Please let me
know if you need anything else.
4t:
3319 RALEIGH STREET . DENVER, COLORADO 80212 -303.668.173
02/07/99
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SUN 20:26 FAX 3039648330 Sandra R. Thompson U002
MEMORANDUM
TO: Meredith Reckert, Planning & Development
FROM: Gary Wardle, Parks & Recreation
RE: 11808 West 44'h Avenue
DATE: January 22, 1999
On February 17, 1999 the Parks & Recreation Commission met and discussed the Change of Use for
11808 West 44°i Avenue. The following motion was made and carried:
Motion by Odarka Fights we recommend to City Council to require a 6 foot solid wood fence
set back inside the landscaping strip with extensive evergreen landscaping including pines and
spruce for screening of the fence and the RV's from Tabor Lake and that lighting be done in
such a way as to not interfere with the enjoyment of open space or disturbing the wildlife.
Please contact me if you have any questions.
Board of County Commissioners
February 8, 1999
City of Wheat Ridge
Attn. Meredith Reckert
7500 W. 29th Ave
Wheat Ridge, CO 80033
F r
RECEIVED
FEB 0 9 iri99
Re: Referral response(WZ-99-03/Thompson).
Dear Ms. Reckert,
Michelle Lawrence
District No. 1
Patricia B. Holloway
District No. 2
Richard M. Sheehan
District No. 3
No comments regarding this request at this time. If you should have any farther questions,
please feel free to contact me at (303)-271-8716.
Sincerely,
Bryce Matthews
Planner II
bm
100 Jefferson County Parkway, Golden, Colorado 80419
(303) 271-6511
MEMORANDUM
I Approved Date
DEPARTMENT OF PUBLIC WORKS
TO: Meredith Reckert, Sr. Planner
FROM: Greg Knudson, Development Review Engineer
DATE: February 1, 1999 '
SUBJECT: 11808 West 44"' Avenue, WZ-99-03 Rezone
The Public Works Department has reviewed the Planning Department referral dated January 20, 1999
for the above referenced site, and has the following comments:
1. The area proposed to be resurfaced with recycled asphalt needs to be resurfaced with a clean Class 6
roadbase material instead. This is required in order to minimize environmental concerns regarding
groundwater, surface water and the change in surface imperviousness.
2. As the referral submitted is stipulating a zoning change only for this property, Public Works
development standards are not required at this time.
cc: Alan White, Planning & Development Director
Dave Kotecki, Sr. Project Engineer
Steve Nguyen, Traffic Engineer
John McGuire, City Surveyor
File
44th Avenue & Tabor Street N
40 0 40 80 Feet n
~s merit Zw~ / ,
i h4 RV
pave c( w- Q~.evuc~ 6F
VALLEY WATER DISTRICT
P.O. BOX 9 12101 WEST 52ND AVENUE
WHEAT RIDGE, COLORADO 80034
January 27, 1999
Meredith Reckert
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Meredith:
TELEPHONE 424-9661
FAX 424-0828
m U'- 4
In reference to Case No. WZ 99-03/Thompson at 11808 W. 44th Avenue,
Valley Water District has reviewed the request and offers the
comments as noted on your review form.
Please feel free to contact me with any questions.
Sincerely,
Robert Arnold
District Manager
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 235-2846 A Ridge
January 20, 1999
The Wheat Ridge Department of Community Development has received a request for a change of zoning conditions at the
property described below. Your response to the following questions and any comments on this proposal would be appreciated by
February 1, 1999 No response from you by this date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-99-03/Thompson
LOCATION: 11808 W. 44" Avenue
REQUESTED ACTION: Change of zoning condition from C-1: Restricted Use - RV/Boat Storage to C-l:
Restricted Use - RV Storage and Sales
PURPOSE: To allow RV storage and sales
APPROXIMATE AREA: 116,896 square feet
1. Are public facilities or services provided by your agency adequate to serve this development? Unknown at present-addl.
mains and fire hydrants will be needed to serve proposed future buildings to meet AFPD
2. Are service lines available to the development? Addl. lines will be needed to serve requirements.
each separate structure and individual water taps will be required.
3. Do you have adequate capacities to service the development? Yes
4. Can and will your agency service this proposed development subject to your rules and regulations? Yes
5. Are specific easements needed on this or any other document? Easements will be needed for water lines
to serve future development
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request?
As listed above
Please reply to: Meredith Reckert (303/235-2848)
Department of Planning & Development
DISTRIBUTION:
X
Water District (Valley)
X
Sanitation District (Fruitdale)
X
Fire District (Arvada)
Adjacent City
X
Public Service Co.
X
US West Communications
X
Jefferson County Planning Dept.
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Completed by:
(Name, Agency/Department, Date)
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
X WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
"The Carnation City"
C:1Barbara\AGENRER11808w44thaw.wpd
Arvada Fire Protection District
P.O. Box 3-D
ARVADA, COLORADO 80001
Telephone (303) 424-3012 - FAX (303) 432-7995
February 3, 1999
Ms. Meredith Reckert
Department of Community Development
City of Wheat Ridge
7500 W. 29"' Ave
Wheat Ridge, CO 80033
RE: WZ-99-03 Thompson
11808 W. 40 Ave.
Dear Meredith,
We have reviewed this site plan for conformance with the 1997 Uniform Fire Code and have the
following comments.
1. Fire protection is provided to this site by Station 2, 12195 W. 52nd Ave. and Station 6, 6503
Simms St.
2. An emergency access gate minimum of 24 feet of unobstructed width will need to be provided
on Tabor St.
UFC 97 902.2.1, 902.2.2.1 Amended.
3. The gate will need to be posted on each side, and interior access lanes will need to be posted,
"No Parking Fire Lane" with signs that meet City of Wheat Ridge Standards.
UFC 97 901.4.2
4. All-weather fire dept. access roadways, minimum of 24 feet of unobstructed width, capable of
supporting the imposed loads of fire apparatus will need to be provided within the storage
area.
UFC 97 901.3, 8704.2 Amended
5. Additional looped water lines and fire hydrant(s) will need to be provided for the vehicle
storage lot and for the future building.
UFC 97 901.6
Page Two
Sincerely,
Arvada Fire Protection District
Steve Steigle r
Deputy Fire Marshal
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
The City of
Wheat
Telephone 303/ 235-2846
January 20, 1999
Ridge
The Wheat Ridge Department of Community Development has received a request for a change of zoning conditions at the
property described below. Your response to the following questions and any comments on this proposal would be appreciated by
February 1, 1999 No response from you by this date will constitute no objections or concems regarding this proposal.
CASE NO: WZ-99-03/Thompson
LOCATION: 11808 W. 44" Avenue
REQUESTED ACTION: Change of zoning condition from C-1: Restricted Use - RV/Boat Storage to C-1:
Restricted Use - RV Storage and Sales
PURPOSE: To allow RV storage and sales
APPROXIMATE AREA: 116,896 square feet
1. Are public facilities or services provided by your agency adequate to serve this development?
2. Are service lines available to the development?
3. Do you have adequate capacities to service the development?
4. Can and will your agency service this proposed development subject to your rules and regulations?
5. Are specific easements needed on this or any other document?
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request?
Please reply to: Meredith Reckert (303/235-2848)
Department of Planning & Development
Completed by:
(Name, Agency/D/ ar ment, D e)
DISTRIBUTION:
X
Water District (Valley)
X
Sanitation District (Fru itdale)
X
Fire District (Arvada)
Adjacent City
X
Public Service Co.
X
US West Communications
X
Jefferson County Planning Dept.
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
X WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
"The Carnation City"
C:~Bwb=\AGENRER 11808w4khavempd
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MEMORANDUM
TO: Meredith Reckert, Senior Planner
FROM: Darin Morgan, Codes Administrator "
DATE: January 22, 1999
SUBJECT: WZ-99-03 / Thompson, 11808 West 44th Avenue
I have no issues other than the "future office/service bay" will require a building
permit and also to meet required setbacks to property line. Any new and/or additional
lighting to the site will require approval and permits.
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 235-2846 Ridge
January 20, 1999
The Wheat Ridge Department of Community Development has received a request for a change of zoning conditions at the
property described below. Your response to the following questions and any comments on this proposal would be appreciated by
February 1, 1999 No response from you by this date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-99-03/Thompson
LOCATION: 11808 W. 44'" Avenue
REQUESTED ACTION: Change of zoning condition from C-1: Restricted Use - RV/Boat Storage to C-1:
Restricted Use - RV Storage and Sales
PURPOSE: To allow RV storage and sales
APPROXIMATE AREA: 116,896 square feet
I. Are public facilities or services provided by your agency adequate to serve this development?
2. Are service lines available to the development?
3. Do you have adequate capacities to service the development?
4. Can and will your agency service this proposed development subject to your rules and regulations?
5. Are specific easements needed on this or any other document?
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request?
Please reply to: Meredith Reckert (303/235-2848)
Department of Planning & Development
DISTRIBUTION:
X
Water District (Valley)
X
Sanitation District (Fruitdale)
X
Fire District (Arvada)
Adjacent City
X
Public Service Co.
X
US West Communications
X
Jefferson County Planning Dept.
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Completed by:
(Name, Agency/Department, Date)
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
X WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
"The Carnation City"
C:TubmaWGENREf111808w44thave.wpd
SANDRA K. THOMPSON
Architect
January 20,1999
Planning and Development Department
City of Wheat Ridge
7500 West 29' Avenue
Wheat Ridge, Colorado 80033
Attn: Meredith Reckert
Dear Meredith:
Attached, please find the application for zoning change for Parcel B at 11808 West 44`h Street in Wheat
Ridge Colorado. To review, we are proposing a change in the restricted use currently in place to C-1,
Restricted Use: RV Sales to allow for RV America employees to escort potential customers to the area that is
currently used as RV storage. We believe that this change will not affect the current status of the property and
with the addition of and continued upkeep of the fencing and landscaping surrounding the property may in
fact, improve the appearance.
As you know, we met with the immediate neighbors on December 8, 1998 to discuss any adverse affects
this might cause. The general consensus was positive with a few minor comments, including.
1. Providing access to the ditch from the east and west
2. Preference of a restricted use re-zone, rather than complete re-zoning of the property.
3. Providing a solid fence at the lake area.
4. Height restr~etion of the proposed future building.
5. Shielding of fights to reduce glare.
The owner will address these issues to continue a pleasant relationship with these neighbors as he
develops his business. Thank you very much for your continued help in this matter. If there are any
further questions or comments, please do not hesitate to contact me.
Sandra . Thompson
Architect
3319 RALEIGH STREET • DENVER, COLORADO • 80212
PHONE: 303.668.2175 • FAX: 303.964.8350
COMPOSTO & COMPOSTO. INC.
3040 WEST 39TH AVE.
DENVER, COLORADO $0211
303477-70$2
TO WHOM IT MAY CONCERN:
RV AMERICA, INC. IS A FRANCHISED DEALER OF RECREATIONAL VEHICLES AND TRAILERS. THEY
SELL, RENT, STORE, AND SERVICE THESE VEHICLES. THEY DO NOT MANUFACTURE OR REPAINT
ANY OF THE VEHICLES OR THEIR PARTS.
DIRECT AND INDIRECT TAX PAID TO THE CITY OF WHEAT RIDGE:
RV AMERICA HAS PAID THE CITY OF WHEAT RIDGE IN SALES, USE AND RENTAL TAX AROUND
$ 9000.00 SINCE IT STARTED IN MAY OF 1998.
ALSO RV AMERICA PURCHASED THE FOLLOWING GOODS AND SERVICES WITHIN THE CITY OF
WHEAT RIDGE DURING THE SAME PERIOD OF TIME.
128547
PROPANE
.
MEALS FOR EMPLOYEES
2000.00
GIFTS FOR CUSTOMERS
962.00
OFFICE SUPPLIES
8168.00
HARDWARE
......1500.00
.
BUILDING MATERIALS
......30000.00
TVS AND VCRS FOR RV UNITS ...........................................................1000.00
VACUUM CLEANERS FOR THE UNITS TO BE SOLD
........1300.00
GAS AND ELECTRIC
.........09.00
.
TELEPHONE SERVICE
5951.00
ENTERTAINMENT OF CUSTOMERS AND FACTORY REPS
30DOW
ARRANGED FOR CUSTOMERS TO STAY IN LOCAL MOTELS.
3000.00
TOTAL
$ 62995.47
THIS INFORMATION IS FOR LESS THAN A YEAR. RV AMERICA EXPECTS TO INCREASE ITS DIRECT
PAYMENTS TO WHEAT RIDGE THROUGH INCREASED SALES AND RENTALS AND STORAGE
DURING THE NEXT NINE MONTHS.
STEVE COMPOSTO, ACCOUNTANT
a - LAND USE CASE PROCESSING APPLICATION
a
.' " �iY• O
Planning and Development Department
7500 West 29th Avenue. Wheat Ridge. CO 80033
Phone 203i235 _S46 o
(Please print or type all information)
Applicant b A K • - P-I'DMF5on1 Address 3-319 P" Ff Phone 3� lo%S �1g5
City -Pt5WV 5,;P—
Owner I fL �v,4Gf 1 Address 1113og W 44TH ��� phone 3 a 3
City w� rzID6
Location of request (address)
Type of action requested (check one or more of the actions listed below which pertain to your request.)
[Z Change of zone or zone conditions
❑ Site development plan approval
❑ Special Use Permit
❑ Conditional Use Permit
❑ Temporary Use, Buildings, Signs
❑ Minor Subdivision (5 lots or less)
❑ Subdivision (More than 5 lots)
❑ Preliminary ❑ Final
Detailed description of the request: 6
❑ Variance / Waiver
❑ Nonconforming use change
❑ Flood plain special exception
❑ Interpretation of Code
❑ Lot line Adjustment
❑ Planned Building Group
❑ Street Vacation
❑ Other:
Fill out the following information to the best of your knowledge.
Current Zoning: _G^ I t Rt�R.0
Size of Lot (ac es or square footage):
Current use: y S1llIZA a��
Proposed use: V 5STb94-/or_
Assessors Parcel Number:
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 re sted acti n cannot lawfully be accomplished. Applicants other than owners
must submit power -of -attor fro he o� ner which approved of this action on his behalf.
Signature of Applican
Subscribed and sworn to me this day of 19 `A,
Notary Public
Stamm m , My commission expires - 1 _
Date received —
Related Case No.
Receipt No.
Zoning —
Case No. W Z- 7 '1 -0
Quarter Section Map E)-o
CITY OF WHEAT RIDGE
PLANNING AND DEVELOPMENT DEPARTMENT
INVOICE
NAME DATE:
CASE NO.
FEE TYPE
FEE
CHARGE
ACCOUNT
NUMBER
Application Submittal
See Fee Schedule
01-550-01-551
Publications/Notices
See Fee Schedule.
a
01-550-02-551
24" x 36" Blue Line
$ 5.00
01-550-04-551
24" x 36" Mylar Copy
$ 6.00
01-550-04-551
Single Zoning Map
$ 2.00
01-550-04-551
Set of Zoning Maps
$20.00
01-550-04-551
11" x 17" Color Map
$ 5.00
01-550-04-551
Comp. Plan Maps
$ 5.00 ea.
01-550-04-551
Comp. Plan Book w/Map
$25.00
01-550-04-551
Fruitdale Valley Master Plan
$ 2.50
01-550-04-551
Subdivision Regulations
$ 4.50
01-550-04-551
Zoning Ordinance
$15.00 (does not
include annual updates)
01-550-04-551
Copies
$.25/page
01-550-04-551
Copy of Meeting Tapes
$25.00/tape
01-550-04-551
Miscellaneous:
01-550-04-551
TOTAL COST:
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Parks & Recreation: Phone # (303) 235-2877
Public Works: Phone # (303) 235-2861
Fax Phone # (303) 235-2857
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11/16/1998 16:44 3032922601 THE MULHERN GROUP PAGE 01
FAX TOE MEREDITH RECKERT
CITY OF WHEAT RIDGE, 303-235-285
November 16,1998
Neihhnborlto
Dear Sit or Madam:
We would like to invite you to a neighborhood meeting regarding the proposed re-zoning of Parcel A at
11808 West 4401 Sto t in Wheat Ridge, Colorado on Tuesday, December 8, 1998 at 6:30 pm- We will review
the proposed site plan and intended use for the site.
Dr
of tovldt-hMS A-" 4- 1 3DrXI
We are proposing a change G r 61 to allow a sales representative to escort potential customers
to the existing back storage lot We are also proposing a new 3-bay service bay on the Northwest end of the
property. The remainder of the site, (i.e. access, fcnciog, landscaping, etc) will stay as it exists today.
A representative from the City of Wheat Ridge shall also attend. We look forward to meeting with you
and appreciate any relevant input regarding this project.
Sincerely,
t-Iati. Sash
RV America
Meredids-
Please review above letter and let me know if I need to add more detail about the re-zone- I7tanks for all your
help.
-Sandy Thompson (fax 303-292-2661)
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PARCEL A (REG. N0. 92056019)
THE NORTH 125 FEET OF THE EAST 15Q FEET OF LET ',1, EXCEPT THE EAST 10
cEET THEREOF, LEE'S SUBDIVISION, C(JUNTY OF JEFFERSON, STATE OF COLORADO
PARCEL 8 (REC. N0. 92058018)
THE NORTH 1/2 OF THE EAST 1J2 OF THE NORTH 1/3 AND THE NORTH 3/5 OF
THE SOUTH t /2 OF THE EAST 1 /2 OF THE NORTH 1 /3 CAF ~QT 11, LEE'S SUBD11f'SION, . .
THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 ,AT PAGE 23, EXCEPT THE AND SURUEY P A PART OF LOT 11, LEE'S SUB
EAST 10 FEET OF SAId LOT 11; ALSO EXCEPT THAT PART DESCRIBED Its BOOK 1i.~19, AT PAGE 570 AS FOLLOW5:
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 17, LEE'S SUBDIVISION, ri w i n i. i T~ / i
EXCEPTING THEREFROM THE EAST 10 FEET THEREOF AND EXCEPTING THE WEST aY
20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF CQL4RAD0.
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SINES O~J ?ARCEL „C" W A v; S ~ ~ w AREA IPA PARCEL A & C, ~ , ~ ~ ~ ~
1. IT IS HEREBY CERTIFIED THAT, AS OF THE GATE OF THIS SOUTH QF FENCE, IS USED / ~ EY PARCEL B OC UPANTS ~ ~d Q F-:
PLAT, THE SUBJECT PROPERTY IS NOT LOCATED WlTH1N A 100 v
YEAR FLOOD ZONE IN ACCORDANCE WITH CURRANT H.U.Q. FEDERAL Q~
ADM#NISTRATION FL000 HAZARD BOUNDARY MAP5, pATED FEBRUARY 2, 1988, MAP N0. 085079 0005C, AND IS ►N 2QNE "B", SUBJECT Tp <r
CHANGE. EAST LINE 0~ WEST~AKE ~ V ~ ~ ASPHALT ROAD w ~
_ SUBDlVIS!ON & EAST L,NE t-; ~ ~ - z FALLS ON PROPERY ~
_LL A~~, ~~RQING -1~0 COLORADO LAW, Y'O1.1 Mt,'S ~ ~.utii~-~~~iv~~ ~rv'r' ~tG~L .
ACTION BASED UPON ANY pEF~CT IN THlS 'SURVEY WITHIN THREE LtE S SUBDIVI;;ION ~ ~ _ ~ W cr {PER WEST~LAKc P~..AT) Q- o
YEARS AFTER `r0U FIRST DISCOVER SI~CH QEFECT. IN NQ EVENfi,
MaY ANY kCTI~N BASED UPQN ANY DEFEC3 IN THfS SURVEY BF =r ~ I m
COMMENCED MORE THAN TEN YEARS FROM THE DATE ~F CERTIFICATION 'Q ~L? ~
SHOWN HEREON. 3. THIS LANQ SURVEY PLAT, AND THE INFQRMATION HEREQN, MAY d w w
NOT BE USED FOR ANY" ApDiTlONA~ OR EXTENDED PURPOSES BEYOND N
THAT FOR WHfCH IT WAS INTENDED AND M~,Y NOT BE USED BY ANY tt7 ~ O
PARTIES OTHER THAN THOSE TO WHICH IT IS CERTIFIED. 0~ O, ~'f~~CEL
THIS SURVEY DQES NOT CQNSTITUTE A TITLE SEARCH BY Z ~~E~ _
GILLANS, INC. TO DETERMINE QWNERSHIP OR ''h,~96 sC~. c,P~~ ADJOINING PPOPERTY TO r
EASEMENTS OF RECORD, RIGHT-OF-WAY AND TITLE OF RECORD. NORTHWEST ACCESSING GATE
GILLANS lNC. RELIED UPQN LAND TITLE GUARANTEE COMMITMENT NC. THRQUGH PARCEL "B" CRUSHED ASP AND BOAT PA f
AB03332U7-2, DATED MAY 5, 1992 FOR THIS INFORMATION. 5. REFERENCE IS MADE TO THE FOLLOWING:
- A WATER RIGHT DEED RECORDED JULY 1, 19?7 IN BOOK 3029 AT PAGE :'37.
- A DEED FOR DITCH MAINTENANCE RIGHTS AND INGRESS AND EGRESS TO SAID DITCH,
RECORDED SEPTEMBER 20, 1956 IN BOOK 1019, PAGE 570. J
- RIGHT OF WAY RECORDED IN BOOK 285 AT PAGE 503. U T "
6. PARCEL A AND B LEGAL DESCRIPTIONS ARE TAKEN FROM LAND TITLE GUAR:'~VTEE, i T... t t
COMMITMENT N0. A60333207-2. _
CERTIFlCATE OF St1RVEY 4VERHEAG uTILTY
WILLIAM J. KONDRACKI, A PROFESSfONAL LANp SURVEYOR iN THE `_'~LINES F(~R SITE _ ~n,......_.
STATE OF COLORADO, ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND LIGHT P{~LtS
BELIE, DO HEREBY CERTIFY SPECIFICALLY AND ONLY TO ALEXIS INVESTMENT CC ~P., di 7-
THAT fN MARCH, 1998, A PROPERTY SURVEY WA5 MADE UNDER MY SUPERVISION; AND
AS A RESULT OF A SURVEY MADE T(? NORMAL STANDARDS OF CARE OF A
PROFESSIONAL LAND SURVEYOR PRACTICING IN TFiE STATE OF COLORADO, J
THAT THE PLAT HEREIN IS AN ACCURATE REPRESENTATION OF THE
PROPERTY AS DETERMINED BY THIS SURVEY, ALL NOES SHOWN HEREQN ARE A PART OF THIS CERTfFICATI4N. THE ENCROACHMENTS, EASEMENTS, c ~ nEC. #i93121~ WOCD FENCE t
RIGHT OF WAYS OR PASSAGEWAYS ACROSS SAID PROPERTY THAT ARE IN
EVIDENCE OR KNOWN TO ME, ARE AS SHOWN TO THE BEST OF MY KNOWLEQGE
AND BELIEF. THE SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY
GILLAN'S ENGINEERING, INC. TO DETERMINE OWNERSHIP OF THIS TRACT N86'48'19~E 165.96' 2
OR TO VERIFY THE DESCRIPTION SHOWN; THE COMPATIBILITY OF THIS
DESCRIPTION WITH THAT OF ADJACENT TRACTS; NOR EASEMENTS OF
RECORD. ti
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