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HomeMy WebLinkAboutSUP-00-01City of wheat R, ge ax Transry-~i 7500 West 29" Ave., Wheat Ridge, Colorado 80215 Planning: Phone # (303) 235-2846 Parks & Recreation: Phone # (303) 235-2877 Public Works: Phone # (303) 235-2861 Fax Phone # (303) 235-2857 DATE /Z -7 q--0 0 Name: Organization: Fax.: Phone: From: Dept: Subject: of Pages: Planning Parks & Recreation ❑ d,4 page) -;z Public Works ❑ G6 zh -0O Comments: sz~ihs mac. lie 2 c i qh dY*~O o !o _ a1 k~e-d kc " 12 c3Q 3 2- 35 Original to follow in the mail . ❑ Yes No Zupkus Ange«, T.C. Richard L. Angell Attorneys at Law Bradley N. Shefrin tr „ Laura W. Trask Merle M. Troeger° Robert A. Zupkus Hans W. Johnson e Rcnr d- _zz, 'Also ad.ittrd m rice y^ - in New York Prac / `E) iiA 2000 Meridith Reckert, Senior Planner City w Wheat Ridge Planning & Development Department City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 RE: Special Use Permit Application for Quality Inn, 12100 W. 44`h Avenue Our File No. 2887 Dear Ms. Reckert: I am writing to follow-up with you on the final status of the Quality Inn Special Use Permit Ordinance, which was approved by Council on October 9, 2000. I spoke with you within a few days following Council's adoption of the ordinance to ask for a copy of the adopted ordinance, as well as the signage criteria that was being required by the City. I have not received a response from anyone at the City as of this date. In order for my client to comply with the signage and other parameters set forth in the Ordinance, please forward a copy of the adopted ordinance and any associated signage criteria to me at your earliest convenience. Thank you for your attention to this matter. Yours truly, ZUPKUS & ANGELL, P.C. Br cc: Bart MacGillivray. Joanne Lah, The McCourt Mansion 555 E. Eighth Avenue Denver, Colorado 80203 Phone (303) 894-8948 Fax (303) 894-0104 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/235-2846 FAX 303/235-2857 October 26, 2000 Bart MacGillivray Bart Mac Corp dba Quality Inn 3737 Broadway Boulder, CO 80304 Dear Mr. MacGillivray: Ridge At its meeting of October 9, 2000, the City Council approved your request for a Special Use Permit to allow casino bus drop-off and pick-up on Commercial-One zoned property located at 12100 West 44" Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado, with the following conditions: 1. That the special use permit be issued to Bart MacGillivray. 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed. Enclosed is a copy of the ordinance and minutes stating the Council's decision which will become effective 15 days after final publication. Also, enclosed is your Special Use Permit valid until the property is sold. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Field Senior Secretary Attachments: Copy of Ordinance Draft of Minutes Special Use Permit cc: SUP-00-01 (case file) rW E--~ W WW Q ° W J O N O > W o a O 0 3 a ' O a ~ w O W Q a o as a o ~ w ~ W w O z V U w Y CD 4--1 ~~nn va rUr W x W Z a ° Q a. ~ X X ILLS / Q X W J ° o° O m Cl) w ` " CW'J W a U Q ¢ r--J W a ~ N x W v o /v ` ~ H w z a, O a x Q Yv 1-1 h ~w.y o ~Qj W W J W W N k E-' W Q a Q W w 0 C4 Q Q V z a CITY COUNCIL MINUTES: October 9, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 28 - An Ordinance providing for the approval of a Special Use Permit to allow casino bus drop-off and pick-up on Commercial-One zoned property located at 12100 West 44'h Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. SUP-00-01) (Bart MacGillivray) Council Bill 28 was introduced on second reading by Mr. Hanley, who also read the title and summary; Clerk assigned Ordinance No. 1209. Applicant Bart MacGillivray, was sworn in by the Mayor; stated they have never had an issue with not enough parking spaces. Alan White, Planning Director, was sworn in by the Mayor and presented the staff report. Brad Shefrin, attorney for bus company, answered questions. Motion by Mr. Hanley to approve Council Bill 28 (Ordinance 1209), a request for approval of a Special Use Permit to allow Casino bus pick-up and drop-off on C-1 zoned property located at 12100 West 44'h Avenue, for the following reasons: 1. The casino bus operation is providing_a benefit to the general public by reducing the number of vehicles traveling to and from Central City and Black Hawk. 2. The bus operation has not created a significant number of accidents on adjacent public streets. With the following conditions: 1. That the special use permit be issued to Bart MacGillivray, 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed; seconded by Mr. Mancinelli; tied 4-4 with Councilmembers Shaver, Figlus, Hanley, and Mancinelli voting yes. Mayor broke the tie by voting yes. Motion carried 5-4. E INTRODUCED BY COUNCIL MEMBER Hanley Council Bill No. 28 Ordinance No. 1209 Series of 2000 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW CASINO BUS DROP-OFF AND PICK-UP ON COMMERCIAL-ONE ZONED PROPERTY LOCATED AT 12100 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Bart MacGillivray for BartMac Corp. for approval of a special use permit in Wheat Ridge, Colorado, Case No. SUP-00-01 and based on recommendation for approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to designate a Special Use Permit on the following described land: LOTS 1 THROUGH 4 INCLUSIVE, $HUMWAY RESUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Conditions. 1. The special use permit be issued to Bart MacGillivray. 2. No casino bus parking be allowed on adjacent public streets 3. The idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. A maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. The casino bus loading/parking space be marked or signed. Section 3. Vested Property Rights. Approval of this special use permit does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(G)of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail Section 7. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7_ to -I on this 28thday of August , 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 9 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 4 this 9th day of October '2000. SIGNED by the Mayor on this 10t1day of October CER ATTEST: , J." Wanda Sang, City Cler c APPROVE AS TO FORM BY CITY ATTORNEY GE DAHL, CITY ATTORNEY 1stPublication: September 1, 2000 2nd Publication: October 13, 2000 Wheat Ride Transcript Effective Date: October 28, 2000 eAp lann ing\fov \ord.frm 7500 West 29th Avenue The City of Wheat Ridee, Colorado 80215 neat Ridge FAX 303/235-2857 September 25, 2000 Dear Property Owner: This is to inform you that Case No. SUP-00-01 which is a request for approval of a Special Use Permit to allow casino bus drop-off and pick-up on Commercial-One (C-1) zoned property located at 12100 W. 44`x' 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 October 9, 2000 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. C:\Kathy\CCRPTS\sup0001 notice.wpd P~l d a c N U ~ d N Q ~ C r 7 ' d ° y U a c v ~ Z NI ` K x C 7 a I K > K a y N Ol O r r = d N 2E8 a m t o m o a c E c 0 xc o 0 0 0 0 0 0 0 0 O W 9- x Na N O a O a O a O a O a O a O a O a a Q N~ ~ m y W fn N N fn Cl) y y U _ Q to C N a° L M M'l M O G C O N" O _ N Cd0 O NO y O No O W fns d UUO UQw d(no Jao N(n0 Nam d N N N C C O O L~ f m 0.0 ll NU Om a~ W N L❑ wy() C 0 Y mU O E a aU O CCO N a _ O 9.2 J J C U 7 fn m 1 D7 X U w o N ai D! O ? 6 7 m C y. m ai d' rn 9 -i U > N U J D• C UI N y Q a NMd' l0 OQ) c C(O N d mom TV d' y m N N a0a > a ~Oa' ;O Z`O 10 ~ N, as NO~ M l0 E N " L Z.N ~ Na {a N . N cL V A N M O l0 . d a °p N N > C V A N Ol N ) ( O t0 OI O N O 9 'l0 V N L O ~ L C J N L L L Q W, ~ w c y~ a ~ 3 a o 3 3 3 ~ s d 0 ~U c) o aw E w m ❑ ❑ ❑ ® ❑ ❑ Z d LO ~ U V < V V v v p ~O UI Q "p M M m M rn M rn M rn m M m m ® d rn N m N N N N W® r rn r rn r rn r m r rn r rn r m r rn r rn w Z Z aa 0 C7 ~ ~C N O 0 Z a z O w D d _I w d C d ~ d d d H r ` d Z c j di v K c 7 d I I KI R ' > a d N = N d W ' ' O a E 0 o d ° C ° A oa c E v° A`r at o ° 0 ° 0 ° 0 ° 0 ° 0 ° 0 ° Yn r v = d m o o o o o o ? o j x U d Q m ~Ld.. U 7 y j co 7 N 7 co j co co (n v O ~ • o v > ~ a M M _ O O M d T AO Z _ O ` C A E O A d0 ~ N JikO ~ O T O 0 d M(o m O UQ ° L O OLL'tO in w N"' N 0 L d W d COA > T m 3 E d : N ' ^ c oU U dv J v ° - r d 0 0 0` d0 a`~Q D O .d . om 6 ro a 6 2021 ' c ai a~i >i0 000 dAU d d a Q d a Oi a. dO o w a O E a> 9 ' O C° ~ m W I11 rL in d ' d d p+ N O iR M K Cup 3~ J DOLL c O N C OD d C C I~9 AM _ A'O ~'D- ` " ~6 d~ % QN~ ~L ¢ OI t~DW YVO ❑.d 2 ca V A A ~ a O L L U d M J C N ~ ° ( 7 N'O dL ° N C N N a Q Z l0 m d 2 1 r 46 IL ° n c 10 ~j mgx s E n' w LL w d ❑ ❑ ❑ ® ❑ ❑ Z d U { LLI U Q M V N N h Op p O N O o n n cep n cep m r i rn m co d rn N m m m N W Lu O E rn m m rn rn rn rn H > V z' Q W W p N Oda Z a ow z c Una a ~I ti o REQUEST FOR COUNCIL ACTION X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. SUP-00-01, an ordinance approving an application submitted by Bart MacGillivray for Bart Mac Corp. for approval of a special use permit to allow casino bus drop-off and pick-up on C-1 zoned property located at 12100 W. 44" SUMMARY AND BACKGROUND: At the July 20, 2000, Planning Commission public hearing, the Commission made a recommendation of approval for the request for a special use permit to allow a casino bus operation in a C-1 zone district at 12100 W. 44' Avenue with the following conditions: 1. That the special use permit be issued to Bart MacGillivray. 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed. These conditions have been included in the ordinance approving the special use permit. 1. Council staff report 2. Proposed Council Bill No. 2. Planning Commission minutes Commission Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RECOMMENDATION: Approval with conditions ORIGINATED BY: Alan White, Director of Planning and Development STAFF RESPONSIBLE: Meredith Reckert, Senior Planner o,, o , a request for approval of a Special SUGGESTED MOTION: "I move to approve Council Bill No. Use Permit to allow casino bus pick-up and drop-off on C-1 zoned property located at 12100 W. 44' Avenue, for the following reasons: I. The casino bus operation is providing a benefit to the general public by reducing the number of vehicles traveling to and from Central City and Black Hawk. 2. The bus operation has not created a significant number of accidents on adjacent public streets. With the following conditions: 1. That the special use permit be issued to Bart MacGillivray. 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed." E:URecken\sup0001ccacQ.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: Oct. 9, 2000 DATE PREPARED: Septembers 25, 2000 CASE NO. & NAME: SUP-00-O1/Quality Inn CASE MANAGER: YM. Reckert ACTION REQUESTED: Special use permit to allow a casino bus operation on C-1 zoned land LOCATION OF REQUEST: 12100 W. 441 Avenue NAME & ADDRESS OF APPLICANT(S): Bart MacGillivray 3737 Broadway Boulder, CO 80304 NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: 2.88 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Hotel, restaurant, bar SURROUNDING ZONING: N, E, W: C-1; S: A-2 SURROUNDING LAND USE: N, E, W: commercial; S: open space COMPREHENSIVE PLAN FOR THE AREA: Community Commercial Center DATE PUBLISHED: September 1, 2000 DATE POSTED: September 25, 2000 DATED LEGAL NOTICES SENT: September 25, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE 0 SUBDIVISION REGULATIONS 0 OTHER (X) CASE FILE & PACKET MATERIALS 0 SLIDES (X) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a Special use Permit to allow the use of a hotel property as a casino bus drop- off and pick-up. The existing building was constructed in 1984 and has 108 hotel rooms as well as a restaurant and bar. The zoning on the property is C-1. The hotel property is bounded on the north by West 44' Avenue and on the west by Van Gordon Street. Access to the property is by way of one curb cut on 44`s and two curb cuts on Van Gordon. There are 233 parking stalls on the property. The casino bus operation occurs primarily on the west side of the hotel. A casino bus operation has been on-going on the hotel property since 1993, however based on a complaint regarding this use, the City pursued code enforcement action. A hotel, restaurant and bar are permitted uses within the C-1 zone district regulations/ A casino bus transit facility is not listed as an allowed use in the C-1 zone but the zoning administrator has concluded that it could be allowed as a special use pursuant to Section 26- 22(E)(9) : "Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed." Attached as Exhibits `A' through `E' of the Planning Commission report is correspondence submitted by the applicant. They include the following: Exhibit `A': Letter of request dated May 2, 2000 Exhibit `B': Site plan showing bus routing on the property Exhibit `C': Bus departure and return schedule Exhibit `D': Letter from the Director of Casino Operations, Harvey's Wagon Wheel Hotel/Casino Exhibit `E': Supplemental letter dated June 6, 2000 H. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on May 30, 2000. Attached are Exhibits `F' and `G' of the Planning which are a synopsis of the meeting and the sign-up sheet from the meeting. Attached as Exhibits `H' and `I' are letters submitted from adjacent property owners regarding the request III. AGENCY REFERRALS All outside service agencies are currently serving the property Public Works has commented that based on trip generation figures provided, no additional infrastructure improvements are required to accommodate the casino bus operation. Also, that accident reports for the last 4- 1/2 years do not show that the operation has resulted in increased accidents on the adjacent public streets. They support the idea of encouraging multi-modal transportation. See attached response under Exhibit `J' of the Planning Commission report. Attached to the memo are tables which show mode of transportation to the casino bus operation and an hourly break-down of ridership by day of the week. Economic Development has commented that the city receive no monetary benefit as a result of the bus operation and that the city may want to consider adopting a user impact fee. IV. SPECIAL USE PERMIT CRITERIA The City's Code of Laws provides the following review criteria to be used when evaluating requests for special use permit approval. 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. 2. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. 5. Is consistent with the Comprehensive Plan. 6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. V. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on July 20, 2000. A recommendation of approval was given for the following reasons: 1. The casino bus operation is providing a benefit to the general by reducing the number of vehicles traveling to and from Central City and Black Hawk. 2. The bus operation has not created a significant number of accidents on adjacent public streets. With the following conditions: 1. That the special use permit be issued to Bart MacGillivray. 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling ob uses be subject to the City of Wheat Ridge nuisance regulations (Section 15- 26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed. 5. APPROVAL OF MINUTES Commissioner COOPER requested an amendment to the first page of the minutes to correct the spelling of her name. She requested a second amendment on page seven, fourth paragraph, to remove the word "on" from the sentence. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to approve the minutes as amended. The motion passed 7-0 with Chair MACDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. SUP-00-01: A Special Use Permit application to allow casino bus drop-off and pick-up on Commercial-One (C-1) zoned property located at 12100 West 44th Avenue. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Ms. Reckert advised that there was jurisdiction for the Commission to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. 11 Commissioner COOPER questioned the discrepancy in the number of parking spaces. The staff report indicated there were 233 spaces while a letter from the applicant's attorney indicated there were 215. Meredith Reckert stated that she arrived at the 233 figure from aerial photos as well as visual inspection of the site. In response to a question from Commissioner SNOW, Alan White stated the code limits idling time for buses to fifteen minutes. Commissioner THOMPSON inquired about the complaint the city received against the application. Alan White explained that the complaint pertained to the use rather than the parking. Commissioner COLLINS inquired about the rating for Van Gordon Street in regard to the weight of the buses. Steve Nguyen replied that it is rated as a local street and not designed for trucks; however, there is light industrial use across the street from the hotel which necessitates truck traffic. Planning Commission Page 2 July 20, 2000 Brad Shefrin 555 East 8th Avenue, Denver Mr. Shefrin, attorney for the applicant, was sworn in by Chair MACDOUGALL. He stated that the requested use has been ongoing since 1993 and authorized by the Public Utilities Commission. Commissioner COOPER inquired as to the length of parking stay for those individuals riding the casino bus. Mr. Shefrin referred to the bus company's parking study included in the packet and noted that many of the bus patrons carpool to the parking lot which decreases the use of a number of parking spaces. The study only covered peak hour usage. In response to comments about the idling of buses, Mr. Shefrin stated that the bus company's policy is that no bus may idle over five minutes. Harry Fleshman 7980 West 41st Avenue Mr. Fleshman was sworn in by Chair MACDOUGALL. He stated that he and his wife have been Wheat Ridge residents for over fifty years. He urged the Commission to approve the Special Use Permit because there are hundreds of senior citizens who take advantage of the casino bus ridership. These senior citizens contribute to the city's sales tax revenues by purchasing services and products within the city. He questioned the need for the application when the casino bus service has been in operation at this location for so many years. Arthur Trator 2449 Otis Street, Edgewater Mr. Trator was sworn in by Chair MACDOUGALL. He stated that he carpools to ride the casino bus. His group has been riding the bus every Tuesday for the past two and one-half years and he urged the Commission to approve the application. He stated that he has never seen a situation where the parking lot was full. He also pointed out that some of the buses which park along Van Gordon Street are not casino buses, but charter buses for various groups who stay in the hotel. He also stated that the bus service is very valuable to many senior citizens. Commissioner THOMPSON requested that staff investigate the situation where the charter buses are parking on Van Gordon. She also expressed concern about the possibility of the casino bus schedule increasing from one bus per hour in the future which could impact the parking causing it to overflow onto the side streets. Mr. Shefrin indicated that there were no plans for his client to increase the number of bus trips and he would not object to a condition being placed on the approval which would limit operations to one bus per hour. Commissioner SNOW suggested that parking spaces for the buses should be marked. Planning Commission Page 3 July 20, 2000 It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that Case No. SUP-00-01, a request for approval of a special use permit to allow casino bus pick-up and drop-off on C-1 zoned property located at 12100 West 44th Avenue, be APPROVED for the following reasons: 1. The casino bus operation is providing a benefit to the general public by reducing the number of vehicles traveling to and from Central City and Black Hawk. 2. The bus operation has not created a significant number of accidents on adjacent public streets. With the following conditions: 1. That the special use permit be issued to Bart MacGillivray. 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed. The motion passed 8-0. (Chair MACDOUGALL declared a recess at 8:35 p.m. The meeting was reconvened at 8:50 P.M.) B. Case No. WZ-00-05: Request for rezoning from Agricultural Two (A-2) to Restricted Commercial One (RC-1) zoned property located at 4288 Youngfield. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. The purpose for the request is to allow construction of a model log home which would also be used for a design and sales office. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL and Ms. Reckert advised that there was jurisdiction for the Commission to hear the case. Staff recommended approval of the application with conditions as outlined in the staff report. In response to a question from Commissioner McNAMEE, Ms. Reckert explained that if the site plan is recorded, any future change to the site plan would have to come before the Planning Planning Commission Page 4 July 20, 2000 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: July 20, 2000 DATE PREPARED: July 3, 2000 CASE NO. & NAME: SUP-00-01/Quality Inn CASE MANAGER: M. Reckert ACTION REQUESTED: Special use permit LOCATION OF REQUEST: 12100 W. 44'Avenue NAME & ADDRESS OF APPLICANT(S): Bart MacGillivray 3737 Broadway Boulder, CO 80304 NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: 2.88 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Hotel, restaurant, bar ZONING: N, E, W: C-1; S: A-2 SURROUNDING LAND USE: N, E, W: commercial; S: open space COMPREHENSIVE PLAN FOR THE AREA: Community Commercial Center DATE PUBLISHED: June 30, 2000 DATE POSTED: July 6, 2000 DATED LEGAL NOTICES SENT: July 6, 2000 ENTER INTO RECORD: (A) COMPREHENSIVE PLAN (IQ CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a Special Use Permit to allow the use of a hotel property as a casino bus drop- off and pick-up operation. The existing building was constructed in 1984 and has 108 hotel rooms as well as a restaurant and bar. The zoning on the property is C-1. The hotel property is bounded on the north by West 44'b Avenue and on the west by Van Gordon Street. Access to the property is by way of one curb cut on 44' and two curb cuts on Van Gordon. There are 233 parking stalls on the property. The casino bus operation occurs primarily on the west side of the hotel. A casino bus operation has been on-going on the hotel property since 1993, however based on a complaint regarding this use, the City pursued code enforcement action. A hotel, restaurant and bar are permitted uses within the C-I zone district regulations. A casino bus transit facility is not listed as an allowed use in the C-1 zone but the zoning administrator has concluded that it could be allowed as a special use pursuant to Section 26- 22(E)(9): "Any other use not specifically listed in this district may be permitted as a special use where the planning commission and city council find, in addition to the standard review criteria for all special uses as set forth in section 26-6(B), that a specific site is uniquely appropriate for the use proposed." Attached as Exhibits A through E is supportive documentation submitted by the applicant. They include the following: Exhibit `A': Letter of request dated May 2, 2000 Exhibit `B': Site plan showing bus routing on the property Exhibit `C': Bus departure and return schedule Exhibit `D': Letter from the Director of Casino Operations, Harvey's Wagon Wheel Hotel/Casino Exhibit `E': Supplemental letter dated June 6, 2000 Pursuant to Section 26-6(B) of the Wheat Ridge Code of Laws, a special use permit is a personal grant of use to a specific property owner. If the ownership changes, the special use permit expires and must be reapplied for by the new owner. H. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on May 30, 2000. Attached are Exhibits `F' and `G' which are a synopsis of the meeting and the sign-up sheet from the meeting. Attached as Exhibits `H' and `I' are letters submitted from adjacent property owners regarding the request. III. AGENCY REFERRALS Arvada Fire Protection District has no objections. Valley Water District has no objections. Public Works has commented that based on trip generation figures provided, no additional infrastructure improvements are required to accommodate the casino bus operation. Also, that accident reports for the last 4 'h years do not show that the operation has resulted in increased accidents on the adjacent public streets. They support the idea of encouraging multi-modal transportation. See attached response under Exhibit `F. Economic Development has commented that the city receives no monetary benefit as a result of the bus operation and that the city may want to consider adopting a user impact fee. IV SPECIAL USE CRITERIA Staff has the following comments regarding the criteria used to evaluate a special use permit: 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. According to the passenger counts provided by the bus company, it appears that there is a need for the service. The planning and public works staff believe that multi-modal transportation should be encouraged and feel that the bus service is providing a public benefit by decreasing the number of vehicles traveling to and from Black Hawk and Central City. 2. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. Staff is primarily concerned about whether there is sufficient parking on the hotel site and potential traffic hazards on the public streets. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The hotel property is abutted on the west by property zoned C-1 with an office/warehouse development completed last year. Further to the west is an adult bookstore. Abutting the property to the east is a tire changing facility for trucks. To the north is a regional truck stop with C-1 zoning. In light of existing adjacent land use, Staff does not believe that the proposed SUP will contribute towards additional blight in the area. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Because there is no additional building square footage required with the casino bus operation, there should be no effect on the amount of light and air. There may be some air and noise pollution generated by buses idling on the property. 5. Is consistent with the Comprehensive Plan. The Comprehensive Plan designates the property as Community Commercial Center. The proposed SUP would not be inconsistent with this designation. 6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. According to the information from the City's traffic engineer, accidents at the 44s Nan Gordon intersection involving buses have been negligible. It does not appear the bus operation has created traffic conflicts resulting in accidents. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. There are no physical changes proposed with the special use application. The required amount of parking on the property is shown below. restaurant = 3328 s.f. x .9 = 2995 s.f. divided by 1 space/75 s.f. = 40 spaces bar = 4213 s.f. x.9 = 3792 s.f. divided by 1 space/75 s.f. = 50 spaces hotel = 108 guest rooms x 1 space/room = 108 spaces employees on max shift = 11 x I space/employee = 11 spaces Total spaces required for all hotel uses = 209 spaces Parking provided onsite 233 spaces Although the parking requirement for each use is calculated separately, Staff believes there is some overlap for parking; that is, hotel patrons may eat in the restaurant or patronize the lounge. Likewise, a casino bus customer may spend the night in the hotel. Visual inspections of the property on two weekday afternoons revealed that while the parking area in front of the hotel was almost full, the parking areas on the south and east were one-fourth full. 8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utility providers are already serving the property. Approval of the special use permit should not have an effect on parks or schools. According to the city's traffic engineer, accident reports do not reflect conflicts between the buses entering and exiting the site and other vehicles or pedestrians on Van Gordon and W. 44' Avenue. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the casino bus operation is providing a benefit to the general public by reducing the number of vehicles traveling to and from Central City and Black Hawk. Staff has further concluded that the bus operation has not created a significant number of accidents on adjacent public streets. For these reasons, a recommendation of approval is given for Case No. SUP-00-01 with the following conditions: 1. That the special use permit be issued to Bart MacGillvrey. 2. That no bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (section 15- 26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. SUP-00-01, a request for approval of a special use permit to allow casino bus pick-up and drop-off on C-1 zoned property located at 12100 W. 44' Avenue, be APPROVED for the following reasons: 1. The casino bus operation is providing a benefit to the general public by reducing the number of vehicles traveling to and from Central City and Black Hawk. 2. The bus operation has not created a significant number of accidents on adjacent public streets. With the following conditions: 1. That the special use permit be issued to Bart MacGillvrey. 2. That no bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (section 15- 26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes." Option B: "I move that Case No. SUP-00-01, a request for approval of a special use permit to allow casino bus pick-up and drop-off on C-1 zoned property located at 12100 W. 44' Avenue, be DENIED for the following reasons: 1. 2." e:\Rechert\sup0001.wpd i= 'i i III I S t, OFFICIf~L ZONING WHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: April -1, 1998 AREA REQUIRING SITE PLAN APPROVAL ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY _ DESIGNATES OWNERSHIP) CITY LIMIT LINE WATER FEATURE DENOTES MULTIPLE ADDRESSES IN 2O O b Po 3QJ °AO !G.1 ~i SCALE I'=400 DEPARTMENT OF PLANNING AND DEVELOPMENT - 235-1852 EXHIBIT A Zupkus & Ange«, T C. °ichard L. Angell adley N. Shefrin Laura W. Trask Merle M. Troeger° Robert A. Zupkus Hans W. Johnson Retired °ellsa admitted to practice in NN* York May 2, 2000 Via Hand Delivery Meridith Reckert, Senior Planner City of Wheat Ridge Planning & Development Department City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Attorneys at Law RE: Special Use Permit Application for Quality Inn, 12100 W. 44th Avenue Dear Ms. Reckert: As you and I discussed on Friday, April 28, 2000, I am providing you with additional documents that you requested in advance of our scheduled staff meeting on May 9, 2000. We have previously provided the City with a copy of the deed. The documents that I am providing are as follows: 1. Photographs of the Quality Inn site with and without bus service; 2. Photographs of surrounding commercial property; 3. Photographs of similar use at RTD Park-N-Ride; 4. Copy of Certified Land Survey of the Subject Property; 5. Sketch drawing of Subject Property with Parking Spaces depicted (not drawn to scale); 6. Parcel Map; 7. Published Bus Service Scheduled (as filed with the Colorado Public Utilities Commission); and 8. Letter from Harvey's Wagon Wheel Hotel and Casino. By way of narrative, the proposed use of the Subject Property is to permit a portion of the Western end of the parking lot to be used as a pick-up and drop-off location for a shuttle bus, and to permit passengers using the bus service (who are not hotel customers) to use the Hotel parking facilities. There will be no physical alterations or fixtures needed to accommodate the proposed special use. The McCourt Mansion 555 E. Eighth Avenue Denver, Colorado 80203 Phone (303) 894-8948 Fax (303) 894-0104 W 4 4 Avf,-N Lk6 m LOUNGE AM) RESTAURANT HOTEL TOWER EXHIBIT B TABOR LA" . ~m SITE PLAN G May-01-00 07:29A lah ?035820507 EXHIBIT C EXHIBIT C 0 W i V W J J J Q M W N N O O OO V Qi tT A W N N O tO dD lp N O 'O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 pl b! o o g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 3 3 3 3 3 3 3 3~ 3 3~ 3 3 3 3 3 3 O1 n C 0 m x iD N O t0 00 V Q1 tT A W N N O 10 .U a N $000'0 oooc ocoooo c rZ ooooo~CDC Co goooOOO3cl0 a~~v~v~~~~~v~vaaa ~ 3 3 3 3 3; 3 3 3 3 3 3 3 3 3 3 P.03 C D r_ z z Apr-24-00 07:28 Peoples Choice Trans 303-288-0778 P_01 U4lYl/UU rKl (11:44 rAA 1 110 911U nAKVLrJ ~T9bV.~' ° 6'.i UU. EXHIBIT D April 21, 2000 To Whom It May Concern. Harveys Wagon Wheel Hotel/Casino and Peoplc'b Choice Transportation have been operatin a scheduled service bus pick-up location fi om the Quality Inn Motel at 12100 West 44 Ave. since April of 1999. Prior to that time People's Cboicc operated a similar service for six veers from the same location for another Central City/Black Hawk Casino. The current servile is operated under Colorado Public Utilities Permit # A-9792, and is free to all patrons. Hu veys began bus service from this area at the request of our patrons from the Wheat Ridge area. Currently Harveys has more than five thousand active customers who live m the city of Wheat Ridge. Many of these people requested of Harvcys a safe and reliable means of getting to our facility. As the Black Hawk/Central City areas continue to grow, traffic congestion and hazardous road conditions have become a greater issue. It is our belief that this service is the safest and most convenient alternative to driving for Wheat Ridge residents. It is our hope that with your support we can continue to operate this free. service Please contact me if I can provide you with Wheat Ridge resident testimonials to support the Special Use Permit application filed by the Quality Inn. Sincerely, Jahn East,Direcwr of Casino Operations IIarQeys Wagon Wheel Hatel/Casino EXHIBIT E EXHIBI E upkus Angell, T.C. Richard L. Angell Attorneys at Law Bradley N. Shefrin Laura W Trask ° _ ye°~.. Merle M. Troeger Robert A. Zupkus - Hans W. Johnson -Also admitted to practice in New York ` June 6, 2000 t lz r r i Meridith Reckert, Senior Planner City of Wheat Ridge Planning & Development Department City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 j R$: Special Use Permit Application for Quality inn, 12100: W.- 40 Avenue Dear Ms. Reckert: I am providing this supplemental information directly to you under the presumption that you are the Planning Department's conduit for information from my client. If you would prefer that I direct information to other City personnel, z please let me know. I Following the Neighborhood meeting of May 31, 2000, Steve Nguyen asked that I provide him with some information regarding peak hour ridership. I also told Mary Austin that I would respond to the one objection offered by Tony Ficco, the property owner of 12150 W. 44th Avenue. First, as to peak hour ridership, the attached figures are taken from individual trip surveys conducted by the bus operator. The typed-written figures . in each column represent the numbers of people going up to the Casino; and the adjacent hand-written figures reflect people riding back from the Casino to the Quality Inn. _ For example, on Sunday, May 21, 2000 you will see that at 5:00 p.m.; 26 passengers rode-the bus from'the Quality-Inn tothe Casino. However, this 5:00 p.m. bus also delivered 36 people down from the Casino. Therefore, when considering parking lot impacts, while 26 people used parking spaces to 1 ride the 5:00 bus to the Casino, 36 people vacated their parking spaces. As for Mr. Ficco, Mary, Austin reported that Mr. Ficco complained about: buses using his parking lot, an d traveling on Tabor Street. I have confirmed with i The McCourt Mansion 565 E. Eighth Avenue Denver, Colorado 80203 Phone (303) 894-8948 Fax (303)-894-0104 i the bus operator that the buses travel on Tabor Street only in the rare event that Ward Road traffic (Southbound) exiting from I-70 is blocked. Additionally, the buses never park in the lot of 12150 W. 44`h Avenue. If fact, the bus operator maintains that its buses do not use any adjacent property owner's property other than the pick-up location in the Quality Inn lot. I suspect that Mr. Ficco may have confused this situation with the many other casino buses that travel on 44`h Avenue: I As added information, the buses do shut off their engines during loading and unloading. i It is my understanding that you should now have all the information that you need from my client to proceed. As soon as information becomes known to you, please call me with the dates of public hearings so that I can plan my, and my client's schedule, accordingly. If you have any further questions, please feel free to let me know. Yours truly, I I Bradley N. S frin Enclosures cc: Bart MacGillivray i Quality Inn 12100 West 44th Avenue Casino Public Meeting 05/30/00 Survey Data for Casino Passengers - by mode of transportation Sample Size - 778 People Sample Date 5/21-5127 Mode of Transport No. of People Hotel Guest 26 Walked 21 Mass Transit (Bus) 101 Single Occupant (Auto) 162 Double Occupant(Auto) 306 Triple Occupancy (Auto) 114 Quadruple Occupancy (Auto) 48 Total 778 Peak Day - Tuesday 473 People Mode of Transport No. of People Hotel Guest 14 Walked 14 Mass Transit (Bus) 61 Single Occupant (Auto) 99 Double Occupant(Auto) 184 Triple Occupancy (Auto) 71 Quadruple Occupancy (Auto) 28 Total 473 Peak Hour - Tuesday 93 People Mode of Transport No. of People Hotel Guest 3 Walked 3 Mass Transit (Bus) 12 Single Occupant (Auto) 20 Double Occupant(Auto) 36 Triple Occupancy (Auto) 14 Quadruple Occupancy (Auto) 6 Total 93 No. of Vehicles % Distribution 0 0 0 162 153 38 12 3.00% 3.00% 13.00% 21.00% 39.00% 15.00% 6.00% 365 vehicles 100 No. of Vehicles % Distribution 0 3 0 3 0 13 99 21 92 39 24 15 7 6 222 vpd 100 No. of Vehicles % Distribution 0 3 0 3 0 13 20 21 18 39 5 15 1 6 44 vph 100 U D r -I o N 0 > N » > > O 0 (O 0 OO 0 V 0 O 0 N 0 A 0 w 0 N 0 > ~ N ~ ~ O 0 (O 0 OD ~ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r O W (T O QO N N N ~ N N A W N W m -0 > N W m W Oo W W OD N J Oo O ~ ~ O W N Z ~ A 2 D _ N V W m - 4 .~1 G 0 D r O N A W N W A 0 0 ~ _ > O W N N N m O J > O D D~ O K w z w D f0 N N N N A rZl O O y -C W W O A O ~ D r N W > N w N A A A m J X m N c m w y w ~ O J O N W W (T N A A ~ O j D r O N (P 0 0 0 W O > O ~ N W A rn m D ~ m w jz~ Z rn D ° m X o A m o D [D > G j D r D N O N O (P N N O O A > (l~ N ~ W 2 X 0 N iz3 ;u V ` O ~ N O ;u O { A V > D r O W N ~ _ (O W W N A N U1 W N > A > J N G~ N O > A W A W > A <n m ~ D rZ1 o m A 0 D A D ~ (O N ~ N N A o cn co rn > G D r D o m X M w O > W N > > W A " N W N W > N W W » t O 0 N U l N A A N G D D D e 1 w 0 ~ J C r X 0 0 0 0 J o D D rn A mm G r r D r O J N N > A O -W+ O W N N N N W 0 O O A A W O m W J O OO > A N D r p D r_ Z Z m m m m O ;U 0 O O 0 O 0 V O 0 EXHIBIT F 7500 West 29th Avenue Wheat Ridge, Colorado 80215 FAX 303/235-2857 EXHIBIT F Wheat Ridge DATE: 5 - 30 - UU P-tA" q-u S 7-7 eJ CITY STAFF PRESENT: 5R='VE NG-U t LOCATION OF MEETING: g4c)o OJ. 14 T14 kv6 PROPERTY ADDRESS: _(2-I1]U w. 44-n4 A-ve PROPERTY OWNER(S):1344-'t Mae 61 LLi V9"ROPERTY OWNER(S) PRESENT? Yes _No Applicant(s): Existing zoning: G- Comp Plan Designation: 6mrntuft " coyy+vn Existing use/site conditions: CSC i Si t GPI G / L }~~37flZclGA~/T 4 !/L Applicants proposal: 601k-/T-71ULtE~D LCSE +S 64&/^ 0 4)&C_8 c IL- ufo I' aRo P - U Attending parties of interest: (See attached sign-up list) Issues discussed: iJf~Utf /gi rt-DnJS Cq n~ /~sJnl~ A~/ywl l on/ 7-67U-L t1, w tD S ? ~E wl L(_ A-bPl7ZyIJA-L Lt&t.PnNc- 13tr fn/STi1 C C Eo reo L,( L y Tl'VO-Y ~r Ur ~,j &rz~A)Y46 ujG~ ) ' ,vc~ wi c~ Sd A-ccess do J V,-v 6-6230®U r~ c~u s t~J ? ANo i/An/ 6`rl/C-lJOtil ~ - 1)dict4 CAgmQU pO % sinlfE 7 f~Q/?lJL~ 5 The City of EiReckent neighmeeting recap.wpd EXHIBIT G NEIGHBORHOOD MEETING MAY 30, 2000 SIGN-IN PLEASE PRINT NAME Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Phone E-Mail Cosh 2 Z4 ( a,. (an EXHIBIT H EXHIBIT H 7~ ~~TY of eA71i 7T i / .VW /-2 ioa W yV ~ /{I~F, Cv//fiiT/3i~G~' c+cGd_ S/'e, /1A4 vs F l~P~3ni IT ~v%G/y y //L/v /S ~-e~~~sr~~v5 ~F the G3edvFS~ / s iT G/iGG Y3 P S /lr/ sj' 7 /y f ~3-eda/f~ Gdh/r~t ~h P 136"i,Z0i/v5 Lrii9 s /sit//~ T Rec~~ SE /~<< 7' Gr// L C /T P ?"/V f vT f, 1 sv13T`.. 7/~~ ~~sscS t?o3 /~LS~ -ipCff /~v~ GvhLiG.i/ G~/St's e~l May-18-00 10:35A DEVREVFAX EXHIBIT I CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEET] NG I_~ \i W USE PERMIT FROM ON PROPERTY LOCATED AT THE DATE AND TIME OF THE MEETING IS THE LOCATION OF THIS MEETING 1S_ o, mnncr rr.R_THIS PROPOSAL IS 303 235 2857 P-02 EXHIBIT The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meetitt The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the nc ighborhood to express directly to the applicant, their concerns issues and desires. A Staff Planner will attend the meeting to discuss City policy and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the mi eting will be entered as testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process. It is imperative that you attend the public hearings The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to sen a the project? What is the impact on our streets? Where will the storm drainage go? • How will the project be designed to enhance rather than detract frot i the neighborhood? What specific changes can be made in the proposal to make it more acceptable to me? After attending the Neighborhood Input Meeting, please use the following sI ace and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. (Sc e p D r I. t o r. •1 I~~ L )n I C r PHONE 2 fit I I ~►~e l ~Vecl -/'v ~Ot t CC' I~, t^qc~ Lt~~ ~/lfipE~ t f 0 L-1 5` I 1A ce~w~ ooyuL~ro~ [~~,yttit s C~Eft (.8 tT~ / "v ('JLf/ v t cv eC~ r it1 iAp~t7Dt~ 10 ~ n ~h `f uc>! S Opt ~C~ 6.~~ v IS PROPOSING A SPECIAL MEMORANDUM EXHIBIT J I Approved Date DEPARPIY= OF PUBLIC WORF.S TO: Michael Garcia, Development Review Engineer FROM: Steve Nguyen, Traffic Engineer <j/.' DATE: Friday, June 30, 2000 SUBJECT: SUP-00-O1/ MacGillivray (12100 W. 44' Avenue) - Casino pick-up & Drop-off at the Quality Inn The Traffic Division has reviewed the rider ship data and has the following comments: The Public Works Department requested additional data from the applicant for detail assessment of trip generation. As requested, the rider ship data was collected for a week span. Also, a survey was conducted by the applicant to determine the passenger's mode of transportation to get to the bus stop. This effort was needed to determine the automobile trip generation by the casino busing. Please see the attached spread sheets for details of the break down figures. On a peak day, the casino busing generated about 222 trips per day and 44 trips during the peak hour. This traffic volume is considered moderate for this type of use and its location (being adjacent to 44' Avenue), which has adequate capacity. The peak hour distribution by direction also yielded low number of trips, which does not require additional roadway improvements since it is all improved at this location. As part of the traffic review, traffic accident records were examined for the last 4 1/2 years to determine if any apparent accident issues surfaced at this site. This traffic accident history is crucial in this review due to the understanding that the casino busing has been operating at this location since 1993. Thus, accident records would reveal if there were any accident issues. The record indicates this location has a low number of accidents and shows no significant accident pattern related to traffic in and out of this location. Based on the review of the relevant data presented above, the Public Works Department will not require any improvements at this time. Please see me if you have any questions. U P REQUEST FOR COUNCIL ACTION _ PUBLIC HEARINGS BIDS/MOTIONS RESOLUTIONS Quasi-Judicial: X ORDINANCES FOR 1ST READING ORDINANCES FOR 2ND READING X Yes No SUBJECT: Case No. SUP-00-01, an ordinance approving an application submitted by Bart MacGillivray for Bart Mac Corp. for approval of a special use permit to allow casino bus drop-off and pick-up on C-1 zoned property located at 12100 W. 44`x' Avenue. SUMMARY AND BACKGROUND: At the July 20, 2000 Planning Commission meeting, the Commission recommended approval of the special use permit with the following conditions: 1. The special use permit be issued to Bart MacGillivray. 2. No casino bus parking be allowed on adjacent public streets. 3. The idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. A maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. The casino bus loading/parking space be marked or signed. These conditions have been included in the ordinance approving the special use permit. ATTACHMENTS: 1. Proposed ordinance Planning Commission minutes Planning Commission staff report STAFF RECOMMENDATION: Approval it budgeted amount: $0 contracted amount: $0 of expenditure on line item: $0 Account No.: N/A ORIGINATED BY: Alan White, Director of Planning and Development STAFF RESPONSIBLE: Meredith Reckert, Senior Planner SUGGESTED MOTION: "I move that Council Bill No._ be approved on first reading, ordered published, and the public hearing be set for Monday, October 9, 2000, at 7 p.m. in City Council Chambers, Municipal Building and if approved on second reading take effect 15 days after final publication." PUBLIC HEARING ROSTER Case No. Case No. SUP-00-01 Date: July 20, 2000 A Special Use Permit to allow casino bus drop-off and pickup on Commercial-One (C1) zoned property located at 12100 West 44th Avenue (Please Print) Name AddresslPh m In Favor/Opposed Sss E B f~A~e -I)tn bdlGt3 Acvr ~en/con ARP,X VLeSffMAP( ql0 td 157 A VE S-EIKDk cii N 0 100 2_00 Feet SUP-00-01 / Quality Inn we 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2846 Ridge FAX 303/235-2857 July 27, 2000 Bart MacGillivray Bart Mac Corp dba Quality Inn 3737 Broadway Boulder, CO 80304 Dear Mr. MacGillivray: At its meeting of July 20, 2000, the Planning Commission has recommended that the City Council approve your request for a special use permit to allow casino bus drop-off and pick-up at 12100 W 44`h Avenue subject to the following conditions: 1. That the special use permit be issued to (you) Bart MacGillivray. 2. That no casino bus parking be allowed on adjacent public streets. 3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4. That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5. That the casino bus loading/parking space be marked or signed. Your request is scheduled for first reading by City Council at 7:00 p.m. on August 28, 2000, and second reading on September 25, 2000. Publication and public notice fees must be paid to the City in the amount of $28 per the City's fee schedule. Payment must be made no later than September 1, 2000. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Planning Secretary Attachments: Draft of Minutes fee schedule cc: SUP-00-01 (case file) C:\Ba(b=\PCRPTS\PLAN000 W CORRESP\APPVLTRS\Sup0001.wpd 7500 West 29th Avenue Wheat Ridge, Colorado 80215 FAX 303/235-2857 July 6, 2000 Dear Property Owner: The City of Wheat Ridge This is to inform you that Case No. SUP-00-01 a request for approval of a Special Use Permit to allow casino bus drop-off and pick-up on Commercial-One (C-1) zoned property located at 12100 W. 44d' Avenue. The application will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on July 20, 2000 at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. C:\Barbara\PCRPTS\PLANGCOM\PUBHRG\sup000 Lwpd a D d N J C d ~ m d .U d N ` U ~ D m C > •N U U ~ a ~ ~ m c ~ Z > m~ v d K D C i I 5-i > R' D N o m ~ N N .F - m ' ' N v m a d ~j E8 L o m E O C E d O m~ # O O O O O O O O O O O x a= umi o 0 0 0 a 0 a 0 a 0 a 0 a 0 a x$ m a N m U a a D a 7 D D y M y Z) co Q R $ U) U) fn to y w U _ 0 O E {6 CL M C M M M K M c O O 0 > O W N m m CJ N N m m O N Y > U¢ m _ m m LD w H N N U m 0 d w o m 1 c O c m O N U m L c C 010 U m O W DSO N N Q LO W v U 0 c Y m U J L O D v U p c a a _ • - 0 m ~ N N D U J > m J~ CO m m > N m OI c LL' O1 0 07O i U J D'G W+ m D a Y ryry C R NOS NR1 N O >9 Z.OU off? 72 rN y Y m N Q .O . mM~ UO) NL ~ M~ aO'ma Opp it NO~ sM N m~ P Ma m ~ 2 l M q 4. ~ O~ NO) m O mD m ` O ~ O C C a ~ ~ ¢ W m , N L~ N'Q D ~ m ~ ~ ~ ` ; E N Q a c EEmd o L) K O U o x E LL W m ❑ ❑ ❑ 0 ❑ ❑ Z m LO r W v Q ~ M om ~ n n m n m ~ r n N (7 C o m m : m c`•'o m 0 co m m .m m m m m m m ` O E rn m m n rn n rn n m rn r rn jU H z' aw Z w x~o p U- N O~: Q Z a Z a IUnR~ ~I a a "W c m v ~ a c ` c m m m 'u m a = a y c 'v 0 u o m -y o m ` z ? of m K m c a do = o N 1~ w N - m ' m O E a 0 a U 0- 0 c o m o a c E 1.0 ~ x R a ' " °a °a °a oa oa °a °a m Q U y y y N y y N N°~ u O J N d M M U O M - 2 4 C E O N m 0 > N O " J# O Z? 0 2 o N T N O ~ O m L W N W NQ C~ O. - b -c0 m O mON O O I`0 M G 1 d d N m O m `o U U L O N y U b Y O J N O o o U m W 12 O pa 0 r m N Q - >i o m m 2 U m f a6 j a U o ox U O m m 'O Q min Oi a N~9 d ~ W 9 ° a>.o ° =m N w m ~m - `w 41 m rno `UM W o o E co~ ca .a mU CnB 'p .°--a _ ` m f6 m a N R NN Q Q m L w S m MOm t0 Y O g a- N m m M = m mm mC U m m a C7 L L U W M L C N ^2 0 ca ' ` °a 3 3 z J 3 mN ~ ? p c E a) ~ a v a WO d'y o m ~ U C) 0 X E a ❑ ❑ ❑ ® ❑ ❑ z d N U r W N Q W n D n O n ~ N ° M °r V ~ O ~ o r 00 m m 2 CO m ro m W O v E n m n rn n m n m n m n m m U z Q Q W p uj O~Q Z a Z } } o W Una a A Q v 0 W t: 0 E m z ro CL 0 CL m a U d Ki U a O z„ ~ U FO b K v .a U f~. 0 z y F MetroScan / Jefferson (CC Owner :Tonctl, Mark L Parcel :042706 Site :4350 Vivian St Wheat Ridge 80033 Xfered :05/11/1998 Mail :4350 Vivian St Wheat Ridge Cc 80033 Price :$104,500 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TOtRm: YB:1955 Pool: B1dgSF :866 Ac: * MetroScan / Jefferson (CO) owner :Ihle Mary L;MClean Terrance W Parcel :043572 Site :12301 W 44Th Ave Wheat Ridge 80033 Xfered :03/04/1-996 Mail :3269 Zinnia Ct Golden Cc 80401 Price :$135,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1975 Pool: B1dgSF :672 Ac:.32 * : MetroScan / Jefferson (CO) Owner :Bonger Wayne B Parcel :043584 Site :4340 Vivian St Wheat Ridge 80033 Xfered :09/21/1979 Mail :4340 Vivian St Wheat Ridge Cc 80033 Price - Use :1112 Res,Improved Land Phone :303-431-2888 Bedrm: Bath:1.00 TotRm: YB:1955 Pool: B1dgSF :781 Ac: * - MetroScan / Jefferson (CO) Owner :Partners Preferred Yield Inc Parcel :043600 Site :11901 W 44Th Ave Wheat Ridge 80033 Xfered :10/21/1991 Mail :PO Box 25025 Glendale Ca 91221 Price Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:10 YB:1980 Pool: BidgSF :99,110 Ac:4 .75 * MetroScan / Jefferson (CO) owner :Cunningham Ronald L/Gloria E Parcel :043638 Site :4330 Vivian St Wheat Ridge 80033 Xfered :09/17/1998 Mail :12200 W 44Th Ave Wheat Ridge Cc 80033 Price :$300,000 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1955 Pool: B1dgSF :858 Ac: * - MetroScan / Jefferson (CO) Owner :Krieg Gary W Parcel :043670 Site :4320 Vivian St Wheat Ridge 80033 Xfered :09/21/1989 Mail :4320 Vivian St Wheat Ridge Cc 80033 Price :$57,000 Use :1112 Res,Improved Land Phone :303-422-8483 Bedrm: Bath:1.00 TotRm: YB:1956 Pool: BldgSF :876 Ac: * : MetroScan / Jefferson (CO) Owner Owner :2220 Rand Llc Parcel :043681 Site :11900 W 44Th Ave Wheat Ridge 80033 Xfered :08/01/1998 Mail :11900 W 44Th Ave Wheat Ridge Cc 80033 Price :$2,000,000 Use :3112 Ind,Improved Land Phone Bedrm: Bath: TotRm:l YB:1983 Pool: B1dgSF :48,695 Ac:2 .28 * MetroScan / Jefferson (CO) owner :POZOrski Richard J Parcel :043721 Site :11875 W 44Th Ave Wheat Ridge 80033 Xfered :09/19/1989 Mail :6313 Urban St Arvada Cc 80004 Price :$120,000 Use :1112 Res,Improved Land Phone :303-424-1422 Bedrm: 3 Bath:1.75 TotRm: YB:1912 Pool: B1dgSF :1,745 Ac:. 98 * MetroScan / Jefferson (CO) owner :Cunningham Ronald L Parcel :043728 Site :12200 W 44Th Ave Wheat Ridge 80033 Xfered :09/15/1998 Mail :12200 W 44Th Ave Wheat Ridge Cc 80033 Price :$300,000 Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:2.50 TotRm: YB:1958 Pool :Yes BldgSF :4,297 Ac:1 .37 * MetroScan / Jefferson (CO) Owner Owner :Wilson Gary L Parcel :043729 Site :4315 Van Gordon St Wheat Ridge 80033 Xfered :01/01/1991 Mail :1362 Old Squaw Pass Rd Evergreen Cc 80439 Price Use :4180 Agr,Agri-Business Land Phone :303-674-1638 Bedrm : Bath: TotRm: YB: Pool : B1dgSF : Ac:1 .25 The Information Provided IS Deemed Reliable, But is Not Guaranteed. MetroScan / Jefferson (CC : Owner :2220 Rand Llc Parcel : 043882 Site :12000 W 44Th Ave Wheat Ridge 80033 Xfered : 01/04/1999 Mail :12000 W 44Th Ave Wheat Ridge Cc 80033 Price : $300,000 ,y Use :5178 Misc,Residential,Mixed Use Land Phone pUY` Bedrm: Bath: TotRm:l YB:2000 Pool: B1dgSF: 9,343 Ac*1.01 * : MetroScan / Jefferson (CO) Owner :Macgillivray Bart Parcel : 043887 Site :12100 W 44Th Ave Wheat Ridge 80033 Xfered : 08/17/1993 Mail :3737 Broadway St Boulder Co 80304 Price : $805,000 Use :5179 Misc,COmmercial,Mixed Use Land Phone : 303-449-7116 Bedrm: Bath: TotRm:l YB:1985 Pool: B1dgSF: 57,308 Ac:2.87 * : MetroScan / Jefferson (CO) Owner Owner :Von Brehm George Parcel : 043911 Site :4305 Tabor St Wheat Ridge 80033 Xfered : 08/20/1993 Mail :4305 Tabor St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone : 303-422-0633 Bedrm: Bath:1.00 TotRm: YB:1951 Pool: B1dgSF: 1,164 Ac:.60 * : MetroScan / Jefferson (CO) Owner :Beccera Abner S Parcel : 065692 Site :12280 W 44Th Ave Wheat Ridge 80033 Xfered Mail :12280 W 44Th Ave Wheat Ridge Co 80033 Price Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1966 Pool: B1dgSF: 3,574 Ac:.75 * • MetroScan / Jefferson (CO) Owner :Natl Auto Truckstops Inc Parcel : 096705 Site :12151 W 44Th Ave Wheat Ridge 80033 Xfered : 04/16/1993 Mail :1650 E Golf Rd Schaumburg Il 60196 Price : $1,610,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1973 Pool: B1dgSF: 23,041 Ac:13.15 * : MetroScan / Jefferson (CO) Owner Owner :Legend Properties Llc Parcel : 110029 Site :12150 W 44Th Ave Wheat Ridge 80033 Xfered : 10/28/1997 Mail :36500 Vance St #1 Wheat Ridge Co 80033 Price Use :3112 Ind,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1999 Pool : B1dgSF: 48,978 Ac:2.68 * MetroScan / Jefferson (CO) Owner Owner :Notch Patrick J/Deborah J Parcel :110030 Site :12190 W 44Th Ave Wheat Ridge 80033 Xfered :09/26/1996 Mail :15464 W Wedge Way Morrison Cc 80465 Price :$500,000 Use :2112 Com,Improved Land Phone Bedrm: Bath: TOtRm:l YB:1975 Pool : B1dgSF :2,332 Ac:.54 * MetroScan / Jefferson (CO) owner :Public Storage Euro Partnership Vii Ltd Parcel :136582 Site :12351 W 44Th Ave Wheat Ridge 80033 Xfered :02/27/1984 Mail :PO Box 25025 Glendale Ca 91221 Price - Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:6 YB:1984 Pool : B1dgSF :49,018 Ac:2.15 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 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 July 20, 2000 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WZ-00-05: An application by Modern Log Homes, Inc. for approval of a rezoning from Agricultural-Two (A-2) to Restricted-Commercial-One (RC-1) with site plan approval for property located at 4288 Youngfield Street. Said property is legally described as follows: BEGINNING AT A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER, WHICH IS 302.87 FEET SOUTH 0° 10' EAST OF THE WEST 1/16 CORNER ON CENTERLINE OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T` PRINCIPAL MERIDIAN; THENCE NORTH 89°50' WEST 334.35 FEET; THENCE SOUTH 0° 10' EAST 204.53 FEET; THENCE SOUTH 89°50' WEST 334.35 FEET TO SAID WEST LINE OF E'/2 SW 1/4; THENCE NORTH 0010' WEST 204.53 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION OF SAID LAND HERETOFORE CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, DESCRIBED AND RECORDED FEBRUARY 18, 1966 IN BOOK 1853 AT PAGE 781, COUNTY OF JEFFERSON, STATE OF COLORADO. Case No. SUP-00-01: An application by Bart MacGillivray for approval of a Special Use Permit to allow casino bus drop-off and pick-up on Commercial-One (C-1) zoned property located at 12100 W. 44' Avenue. Said property is legally described as follows: LOTS 1 THROUGH 4 INCLUSIVE SHUMWAY RESUBDIVISION CITY OF WHEAT RIDGE COUNTY OF JEFFERSON STATE OF COLORADO Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: June 30, 2000 Wheat Ridge Transcript C:\Bazbma\PCRPTS\PLANGCOW UBHRG\000720pub.wpd City of Wheat Ridge Planning and Development Department Memorandum TO: Meredith Reckert, Senior Planner FROM: Martin Omer, Economic Development Specialist l °6 SUBJECT: SUP-00-01, MacGillivray DATE: June 19, 2000 Thank you for the opportunity to comment on the above referenced application. The application is for a Special Use Permit to allow casino bus pick-up and drop-off at the Quality Inn Motel located at 12100 West 44`h Avenue. Following are Economic Development comments relative to this case: 1. This use has been on-going at the subject motel location for several years. While it would be helpful to quantify any economic benefit resulting from the casino bus service on City of Wheat Ridge businesses, there is no easy way to accomplish this short actually surveying the bus clientele for their spending patterns before and after their bus trip. Considering the existing adjacent commercial land uses (small office/warehouse users on Tabor Street and the truck stop across 44`h Avenue), it is expected that any economic benefit (retail sales) is minimal. This assumption would be different if typical retail land uses such as grocery stores, coffee shops, sandwich shops, or department stores were adjacent and/or neighboring land uses. The City does benefit from the rental of motel rooms in the form of the Lodging Tax. It would be helpful to inquire at the Quality Inn how many rooms are rented in association with the casino bus service. 2. This is the second casino bus service inquiry and/or application presented to the Planning and Development Department in approximately three months. It would appear that there is an unmet need for transporting casino customers from this part of the Denver Metro area to the casino destinations. Economic Development staff suggest that, should City Council determine this use as acceptable, a per person casino transportation user/impact fee be implemented to offset any negative impacts associated with the use, such as road maintenance. 3. Economic Development staff suggests that the following conditions of approval be attached to this application should the application be recommended for approval: A. Being that there is no defined time frame and/or renewal date associated with this request, it is recommended that the Special Use Permit be for a definitive time period of one year, with the opportunity to re-apply for Special Use Permit on an annual basis. B. Parking of casino busses on City streets or within City right-of-way shall not be permitted. -1- C. Idling of buses while picking up or dropping off clients shall be subject to the City of Wheat Ridge Nuisances regulations (Code of Laws Section 15-26; Offensive Discharges) with idling of diesel engines limited to a maximum of 15 consecutive minutes. D. Approval of a Special Use Permit shall not preclude the permittee from being subject to any future City initiated user/impact fees associated with casino bus operations within the City of Wheat Ridge. Thank you for the opportunity to review this application. -2- OPPARTMFNT OF PUBLIC WORKS WB= TO: Meredith Reckert, Senior Planner FROM: Michael Garcia, Development Review Engineer DATE: MM SUBJECT: SUP-00-01/ MacGillivray (12100 W. 44 Avenue) - Casino pick-up & Drop-off at the Quality Inn hotel parking lot The Public Works Department has reviewed the Planning Department referral dated June 12, 2000 for the above referenced site, and has the following comments: 1. The proposal has been forwarded to the John McGuire, P.L.S. for review with no comment at this time. 2. The Traffic Engineer, Mr. Steve Nguyen, P. E., has the following comments: The Traffic Engineer has concluded that the Public Works Department will not require any improvements at this time based on the data that was collected by the applicant. The study was conducted for a one week period. Traffic accident records were examined for last 4 'i2 years to determine if any apparent accident issues surfaced at this site. The record indicates this location has a low number of accidents and shows no significant accident pattern related to traffic in and out of this location. The traffic data sheet for the study conducted is in the development files if they need to be referenced. Please let me know if you have any questions. cc: Alan White, Planning & Development Director Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File sup OO-0 I jeferral.mern 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge June 12, 2000 The Wheat Ridge Department of Community Development has received a request for approval of a Special Use Permit to allow casino bus drop-off and pick-up at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by June 26, 2000. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-00-0 1/MacGillivray LOCATION: 12100 W. 446 Avenue REQUESTED ACTION: Special use permit PURPOSE: To allow casino bus parking, drop-off and pick-up in the Quality Inn hotel parking lot (no additional site improvements proposed) APPROXIMATE AREA: N/A 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 comments your agency has identified which would or should affects approval of this request? Please reply to: r- Meredith Reckert Completed by: 9 !J . 9==_-z Q CIO ✓7 Department of Planning & Development (Name, Agency/Department, D. e) Fax: 303/235-2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Fruitdale) X Fire District (Arvada) Adjacent City Q X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. - Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge June 12, 2000 The Wheat Ridge Department of Community Development has received a request for approval of a Special Use Permit to allow casino bus drop-off and pick-up at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by June 26, 2000. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-00-01/MacGillivray LOCATION: 12100 W. 44i° Avenue REQUESTED ACTION: Special use permit PURPOSE: To allow casino bus parking, drop-off and pick-up in the Quality Inn hotel parking lot (no additional site improvements proposed) APPROXIMATE AREA: N/A 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 comments your agency has identified which would or should affect approval of this request? Please reply to: ' Meredith Reckert Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: X Water District (Valley) X Sanitation District (Frnitdale) X Fire District (Arvada) Adjacent City X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Completed by: (Name, Agency/Department, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. X WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" NOTE TO FILE June 14, 2000 I talked with Brad Shefrin today regarding the missing $400.00 check referenced in his letter. He provided me with a receipt number. Maggie confirmed that it had been processed. The check apparently was given to the cashier and processed without being recorded on the application. $100 represents the filing fee and $300.00 the publication fees. There will be a total of 19 letters @ $3.50 each for a total of $63.00. So we will end up owing him $37.00. Ann Lazzeri , . ~s ~ ~ ~ ' 4~ 44"1 ! ~ 4 °z l G„r~ ti .i~ Y . 8il'.. ~ W.`fit~ itj~ ~ ~ r F a ~ Mw I~ ~y~~ WFV ' . ` 14 ~ 4, ~ ~ ~ 3 g wo, 0 P i ik ^9Ew e+ Cl w ~ H Y { 1 p O O ~ O 'F C c: CD uc~ CD Ilk rn c: 0 'cs n r s~ s`; c~ x a„ Q 4ay-30-00 15:37 Peoples Choice Trans 303-288-0778 IJ-..-. O LA Q 000.00 IO O , N JO N. J10(Olm V W (JIA W N CIO (OO CO I~. 0 0 0 0 0 0 0l0 0 0 000 -i o o.0 0 00 0 I D 0 0 0 0 0 0 0 0 0 0 0l0 0 0 0 0 0 0I m (OT CO I A.W N IW NZ W J J 1011 N N N N j 0(71 O O) N WI I W,m W W W N V O] (0 J O I .N O O W n7 z J ~.W N N W N OOID ' N W A tON V (T J O WAD Ni(O W a O W N Q) OI O V AI I I ~ JIJ (0 J J i O Ow N 01 OO(0 LTg J~ N N W N A A'.A A J W W V J A J J .P J V •°C LP J J N J W N W N N 0)0.W co JOCO N W AOI J J J J J JJ JN W J (n j (n N O ox, O ~ j W NiV 0 w J O J J N J ppJ CD C n m o a NIW N W m D { om I:o am C> O D { O ~ N C U1 '0 0 O D 1 N m J.J N ro W WAIN all A V U1 a1 A A'. J (XI M O J' jo i y NJ W JJ NNA N" W N W'(0M fn b. V O D' J J J NIN N N 001 Cn L" CONJ W D N V T WSJ A CO p C D r Z Z ."0 mm m T 0 ."0 O O --1 0 O N O O P_03 by uG/-i- t ^ C @ o o co-~z~ rn ~c~p \ 2G RvtA t 5-3 -1) f M~~ ~o,--kota~k 7 -JLv e a`. v~ ~ot~ Cf 56 C.A-LA.b u MAY-18-2000 12:45 ZUPKUS&ANGELL303-894-8948 303 894 0104 P.02i03 NOTICE OF NEIGHBORHOOD MEETING RE: APPLICATION FOR SPECIAL USE PERMIT: To: Property Owners From: Quality Inn, 12100 W. 44`h Avenue, Wheat Ridge, Colorado Location of Meeting: Conference Room (lower level - below front desk) Date of Meeting: Tuesday, May 30, 2000, at 6:30 p.m. To All Interested Property Owners: NOTICE is hereby given that the Quality Inn, located at 12100 W. 44" Avenue, Wheat Ridge, has applied for a special use permit to use the Southwest portion of its parking lot to serve as a passenger pick-up and drop-off location for a casino bus operation. The purpose of the Neighborhood Meeting is to discuss the Special Use Permit to the owners of neighboring properties. A member of the City of Wheat Ridge Planning and Zoning Department will be present to respond to questions matter. MAY-18-2000 12:45 ZUPKUS&ANGEL1-303-894-8948 CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEET] NG 303 894 0104 P.03i03 IS PROPOSING A SPECIAL TC USE PERMIT FROM ON PROPERTY DATED AT THE DATE AND TIME OF THE MEETING IS THE LOCATION OF THIS MEETING IS THE PURPOSE FOR THIS PROPOSAL IS The City of Wheat Ridge has adopted a requitement ths; prior to application for rezoning of property to a higher use, or for properties in excess of oat (1) acre, and for Special Use Pmnits which allow a special use of land, an a applicant iito must notify allow the all residents to within his proposal nvite them neighborhood r~so to allow the r m ghborhood purpose to for exprethis ss directlygto the applicant applicant to present prop their concerns issues and desires. A Staff Planner will attend the meeting to discuss City polity and regulation! and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the mt eting will be entered as testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process. It is imperative that you attend the public hearings The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? Am there adequate utilities and services in place or proposed to scn a the project? What is the impact on oiw streets? Where will the storm drainage go? How will the project be designed to enhance rather than detract froi h the neighborhood? What specific changes can be made in the proposal to make it more acceptable to me? After attending the Neighborhood Input Meeting, please use the following sl ace and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal Please sign it and give it to the applicant, as he is requited to provide these fortes to the City along with his application. PRINT r uF ADDRESS PH TOTAL P.03 MAY-18-2000 12:45 ZUPKUS&ANGELL303-894-8948 303 894 0104 P.01/03 ZUPKUS & ANGELL, P. C. ATTORNEYS AT LAW MCCOURT MANSION $55 EAST ST" AVENUE DENVER, COLORADO 80203 relephorte (303) 894-89x8 relewple. (303) 894-010a TO: FAX NUMBER: FROM: Meridith Reckert, Senior Planner, City of Wheat Ridge (303) 235-2857 Brad ShefTin if there is any problem with transmission, please call 7enifer at (303) 894-8948 FILE 2887 CASE NAME: Quality Inn TOTAL NUMBER OF PAGES INCLUDING THIS COVER PAGE: 4 DATE:May 18, 2000 TIME: COMMENTS: Attached is the Notice of Neighborhood Meeting, which will be attached tit he City's Form. Please let me know your comments before the end ofToday. CONFIRMATION BY MAIL YES NO XX wsr*aa+~rrasrrr~ THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS FAX IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS REFERENCED ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. 0 100 200 300 R Quality Inn 600' radius w~ "*,=*<~a F,>c 7500 West 29t" Avenue • Wheat Ridge, CO 80215 Planning: Phone # (303) 235-2846 Parks & Recreation: Phone # (303) 235-2877 Public Works: Phone # (303) 235-2861 Fax: Phone # (303) 235-2857 DATE /l? AQQ0 Name: Organization: Fax: Phone: From: Dept: Subject: # of Pages Comments: 303 - VIII- D/Dy or 4)4:& o G Plannin~X Parks & Recreation ❑ Public Works ❑ (Including cover page) i ..46 C2, zW.e , ra4.o--~ . e z :.r ct to O D - /..z~ U Original to follow in the mail _ - r. ~ a . .+rrr, • r d~Wr M*~► "M"1!"'~' i M'"r"" i /tea ~ 'i"r~'rr" ~r a~_ ~~ov~~ =r WEST ~22.8C7' vuwe~ PD~.F. 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S► i ~ ~y N ~ eou ~,Ra off-- ~--~pE J .r,. f"' f r _ k V ~ 4 ~ ~ fi y ~ ~ 74.0' ~ ' ~ ~ ~ ~ ~ ~ zs.o yy ~ 11 p~ II ~ f I t fY NI l ~d a ~ -mow B ~ I 1 t ~ 9 11 ~ p~ 1 a.,i ~ ~ M i ~ ,fls a• 3 r r ~ DECK GONG rr~~~y~,, ~K L_.,,____________.....____________ ~ ~www « is nr.Y• r,s... .r... .w. .w.. «r+ ..K.- wrier arrr er... nr.+ rr» .nr1.. +w ...rr .rr wr •n+rr 5 ~ F .rr, ,..w ++wwe. ~.v.~. .ww.r ww. wuw +w+rk .F++ w+w> wr err r..ri. .w +...r +w. .-fir. wwr wr!.. ~ ~ ~ i A$PMAIT PAf2KING lGT ~ 30~ RIGHT { va~~.Er wAT 1 1111 ~ ~ 1 ~~d ~ V 4~ w` t ..~Y WA1'~R AND .~AN1TAFtY Ga5~'~?I~T ~ ~ _ e ~ i - - - - - - o _ ~ , _ I ~ i ~ i~ r r eo 7~ A ao. r ~r ~w ~ ~ ~ r r ~ r ~ r~ ~ ws r r ~ ~w r rs w~ w w ~w ~ w~ r r.. O ~w ~ ~r ~ M011CE: A~cnr~~ng io Golor$do haw you MUST commence ony iega~ oction lased upon any Qetoct in this LL.C. within three yeas otter you fir't discover such defect. In na event moy ony cicticrr► based upon ony da(mc1 in thin I.L.C. be commanced more than ten yeora from the 9414 dgte Q!' tine rerkification shown herein. i-_-.~_ _r i IOZ-62 f +J i~iai b•'RO. S i ® =~'I yF SW i l ea'1 "i 3~ i © O ~i Rl® t Fe •o t g ; m I- i'• o f i E • AV A [ rr11 f t © F i i i © © ® t ®i LLl I O r p~ F m i S Q ^ I ~ L4 - O G W •4 \ d ~ 'I t W ~ a 3 a m _ -Q N N I as S • ® ; I~ 2 --s© ,m z o©3 V~ z m YZI ® j r O a Q O i~ O® W S 1 LL W Y S 1 Y~ 6 Y J N M1 © © ,m a ©F © ® C m 7 a y 6 { i i m tee.. Q 4WD L F I p, 2 m = O OF y i (70M d3" W . f~ mxac it b-C ;i#s i . , . . . t i g =i x "s f j LAND USE CASE PROCESSING APPLICATION„ I-~ 10~~ ~Of l f J Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 MOR Phone(303)235-2846 co~~~~oo - print or type all information; Applicant BaRk G Address 873'! BAaadore* _ Phone3o3-tE aa~} Mae CoRp. d/b/a c~ualif[r !nn Cityu/den C63°y _ Owner!B (I lac Address 375 ~road~ Phone 0/05 City - Ae C-o @2309! Location of request (address) 2 100 - 0). l Ayonas Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change Special Use Permit ❑ Flood plain special exception Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: n it si Fill out the following information to the best of your knowledge. Cmymmct'i'l 012e- Current Zoning: Size of Lot (acres orsquare footage): 'ee s t ~n Current use:. Al Proposed use: " t~ .k 'K o -o ~as~tio ` s Pavrc 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 requested action cannot lawfully be accomplished. Applicants other than owners must submit po ower-of-attorney fro t fir .which-approved of thisaction on his behalf. Signature ofA lican u 22069 s p~~eseu~a ie 1 oWwq 41 Subscribed a d sworn to me thi Camay of Notary Public My commission expires Date received / ©o Receipt No. g~yU C~4i00,& Case No. 50d 000 1 Related Case No. Zoning Quarter Section Map I Zupkus Angell, T.C. Richard L. Angell Attorneys at Law Bradley N. Shefrin - Laura W. Trask _ Merle M. Troeger° - - - Robert A. Zupkus - - Hans W. Johnson - Retir d - - - 'Ails admitted to prxflce m New York,. April 21, 2000 Sent by Hand Delivery to: ~rE D Planning & Development Department, APR £ 2 7fn City of Wheat Ridge 7500 W. 29`h Avenue r Wheat Ridge,; CO 80033 cn RE: Special Use Permit Application for Quality Inn; 12100 W. 44th Ave.. To Whom It May Concern: I represent the landowner of The Quality hin, located at 12100 W. '44th Avenue in the City of Wheat Ridge, which property is owned Bart Mac Corp. Attached is my client's Special Use Permit Application submitted for processing on this date, along with a copy of the Special Warranty Deed, a copy of the certified land survey, and a processing fee of $400.00. A site development plan has not been prepared because, as is described below, the site will not be physically altered or effected; this special use permit only effects the manner in which a particular type of motor vehicle will use a portion of this property's parking lot. The legal description, depicted on the attached deed, is as follows: Lots 1, 2, 3 and 4, Shumway Resubdivision, Jefferson County; Colorado. Because of the emergency need in beginning the special use permit process, your city attorney, Gerry Dahl, suggested to me that we proceed with the immediate filing of this application, and request formally that you now schedule the staff meeting with my client. By way of background, since 1993 a bus company has used a portion of the parking lot at the Quality Inn as a passenger drop-off-and pick-up location. The bus company obtained an Emergency Certificate of Convenience and Necessity from the Colorado Public Utilities Commission to operate its passenger ' j service at this location. I The McCourt Mansion 555 E. Eighth Avenue Deaver, Colorado 80203 Phone (303) 894-8948 - Fax (303) 894-0104." X ioy I. d I i We urge that the continued use, by operation of a special use permit, is consistent with the use in this Commercial One district because an identical casino passenger bus service is being carried on in the RTD Park-N-Ride lot caddy-corner to this location. Additionally, this property is located near an adult bookstore, a large truck stop, and a small business park. We believe that because the requested use is compatible in character and impact with other uses in the district, that the special use permit application will be granted. Please `contact me directly should you have any questions regarding the contents of this application, should you require any additional document, to schedule the staff meeting, or should you need any additional items to process this request. I. Yours truly, I Bradley hefrin cc: Bart MacGillivray Gerald Dahl, Esq., City Attorney 'i fus & Awell, T.C. Richard L. Angell o~ Bradley N. Shefrin 1 n New Attorneys at Law Laura W. Trask Merle M. Troeger° Robert A. Zupkus Hana W. Johnson Rdirtd i. New ad. Yrk m p ac~lee April 19, 2000 Sent by facsimile to: Darin Morgan City of Wheat Ridge 7500 W. 29`h Avenue Wheat Ridge, CO 80033 RE: Special Use Permit Application for Quality Inn, 12100 W. 44'" Ave. Dear Mr. Morgan: I represent The Quality Inn, located at 12100 W. 40 Avenue in the City of Wheat Ridge, Recall that the City, through your Office of Code Enforcement, issued a Warning Notice dated April 11, 2000, advising that the casino bus operation operating in this Commercial One Zoned District is prohibited. Pursuant to discussions I had with both you. and Mr. Gerry Dahl, City Attorney, the enforcement of the Waming Notice would not commence until Tuesday, April 25, 2000. The purpose of this letter is to advise you that my client will be filing with the City an application for a special use permit to permit the continued use of his property as pickup and drop-off location for the casino bus operation. Although the City's special use application packet states that a preliminary staff meeting ahd neighborhood meeting needs to be accomplished before filing of the application, at the suggestion of Mr. Dahl I am requesting that you now schedule the preliminary staff meeting with the appropriate City staff. My client's special use permit application will be filed with the City by Friday, April 21, 2000. As time is of the essence, Mr. Dahl suggested that we ask that .the application sequence be the filing of the application, followed by the staff meeting, followed by the neighborhood meeting. Finally, inasmuch as we have done everything to address this serious matter as quickly as time permits, we ask that the Office of Code Enforcement and the City hold in abeyance any zoning violation enforcement efforts until the my client's special use permit application has been processed by the City, Thu McCourt Mansion 555 E. E•ighih Avenue Denver, Colorado 80205 Phone (303) 894.8948 Fax (303) 894.0104 20'd ldioi Please feel free to contact me if you have any questions, and I thank you for your courtesies. Yours truly, .ti Bradley N. cc: Bart MacGillivray Garald Dahl, Esq. ZUP%US & ANGELL, P-C, ATTORNEYS AT LAW MCCOURT MANSION 555 EAST 81' AVENUE DENVER, COLORADO 80203 Telephone (303) 89441948 Tekwpw (303) 894-0104 TO: FAX NUMBER: TO: FAX NUMBER: TO: FAX NUMBER: TO: FAX NUMBER: Joanne Lah (303) 288-0778 Bart MacGillivray (303) 467-0198 Darin Morgan (303) 235-2857 Gerald Dahl (303) 376-5001 FROM: Brad Shefdn If there is any problem with transmission, please call Jenifer at (303) 894-8948 FILE 2887 CASE NAME: People's Choice TOTAL NUMBER OF PAGES INCLUDING THIS COVER PAGE: 3 DATE:April 19, 2000 TIME: COMMENTS: CONFIRMATION BY MAIL YES _ NO XX •*+as~*•**e*+:: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE Cn'TO', ,-I,- Apr.21 '00 22:39 FAX P. 1 ORAL) S. W ~O~ o U, o C r~ P46f-5 SPECIAL WARRANTY DEED THIS DEED, made as of this day of August, 1993, is ' and between CITIZENS FEDERAL BANK, a federal savings bank se address is 1100 West McNab Road, Fort Lauderdale, Florida 09 ("Grantor"), and BART MACGILLIVRAY, whose address is 3737 iadway, Boulder, Colorado 80304 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of sum of EIGHT HUNDRED AND FIVE THOUSAND and N01100 DOLLARS 105,000.00) to Grantor in hand paid by Grantee, the receipt !reof is hereby confessed and acknowledged, has granted, .-gained, sold and conveyed and by these presents does grant, .gain, sell, convey and confirm unto Grantee, its heirs, :cessors and assigns forever, the real property situate in the rnty of Jefferson, State of Colorado and more particularly scribed as follows (hereinafter "the Property"): Lots 1, 2, 3 and 4, ''"<-',?ccusucntcry Ve Shumway Resubdivision';';utca Jefferson County, Colorado / j+ .............~..µ~r_..,ot) ,._r._..... TOGETHER with all and singular the hereditaments and )urtenances thereunto belonging, or in any wise.appertaining, I the reversion and reversions, remainder and remainders, its, issues and profits thereof; and all the estate, right, =tie, interest, claim and demand whatsoever of Grantor, either law or equity, of, in and to the Property, with the reditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and cribed, with the appurtenances unto Grantee, its heirs, cessors and assigns forever. And Grantor, for itself, its cessors and assigns, does covenant, grant, bargain and agree and with Grantee, its heirs, successors and assigns, that at time of the ensealing and delivery of these presents it is 1 seized of the Property, as of good, sure, perfect, absolute indefeasible estate of inheritance, in law, in fee simple, has good right, full power and lawful authority to grant, gain, sell and convey the same in manner and form aforesaid, that the same is free and clear from all former and other nts, bargains, sales, liens, taxes, assessments and umbrances of whatever kind or nature soever except general es and assessments for the current year and all subsequent rs; and except for those matters shown on Exhibit A attached eto and incorporated herein; and the above bargained premises the quiet and peaceable possession of Grantee, its successors assigns, will warrant or forever defend against all and every son or persons lawfully claiming or to claim the whole or any t thereof by, through or under Grantor. ION NO. 97125441 95.50 r ni iniTV nr rr•cr-F rr~rn1 SPATE OF COLORADO 6/17/93 10:55 L: :TIER OF AUTHORrn Depe=-- of RegdUmry Ageeeiee THE PUBLIC UTILITIES CONEVEMION OFFICE LEVEL TWO 1580 LOGAN STREET DENVER, COLORADO 80203 ISSUED TO: Permit Number. A-9792 Four Winds, Inc. People's Choice Transportation, Inc. 5455 E. 52nd Avenue Commerce City, CO 80222 Transportation of passengers and their baggage as a Class A contract carrier by motor vehicle for hire, (1) Between the Quality Inn located at 12100 West 44th Avenue, Wheat Ridge, Colorado, on the one hand, and the Jazz Alley Casino and Gold Mine Casino, Black Hawk, Colorado, on the other hand. (II) Between the facilities operated by Harvey's Wagon Wheel Casino at or near the intersection of 20th Avenue and Youngfield Street in Jefferson County, Colorado, on the one hand, and Harvey's Wagon Wheel Casino in Central City, Colorado, on the other hand. 1 (S E A L) CONTPi NOUS UNTIL REVOKED, CANCELED, SUSPENDED, ALTERED, OR AMIENDID THUS LETTER OF AUTHORITY MUST BE CARRIED IN THE CAB OF EACH AND EVERY VEHICLE OPERATED UNDER THE ABOVE AUTHORITY NUMBER. -30 d LOBOZSB£O£ WeL dOO:31 00-£I-adH L `'-"ZTTER OF AUIJffORrr J aW.a By DV- m.ca of RoWdMory Agm THE PUBLIC UTILITTES COMMSSION OFFICE LEVEL TWO 1580 LOGAN STREET DENVER, COLORADO 80203 RESTRICTIONS: A. Part (I) of this authority is restricted to providing service for only Jazz Alley Casino and the Gold Mine Casino, Black Hawk, Colorado.. B. Part (M of this authority . is restricted to providing service for only Harvey's Wagon Wheel Casino, Central City, Colorado. Decision No. R97-853 Mailed Date: August 25, 1997 2 (S EAL) CONTINUOUS UNTIL REVOKED, CANCELED, SUSPENDED, ALTERED, OR AMENDED THIS LETTER OF AUTHORMY MUST BE CARRIED IN THE CAB OF EACH AND EVERY VEHICLE OPERATED UNDER THE ABOVE AUrHORIlY NUMBER. £O'd LOSOZ85£O£ 4EL. d00=Z1 00-£1--Adtl Case No.: SUP0001 Quarter Section Map No.: App: Last Name: Bart Mac Corp. Related Cases: App: First Name: dba Quality Inn Case History: SUP to pe7itcontinued Owner: Last Name: MMaacG-illivr~a I Y. casino bus, use for huttles, R other similar Owner: First Name: gait ransportation use pick-up App Address: 3737 Broadway Review Body: Planning Commission_ _ City, State Zip: v Boulder, CO 80304 App: Phone: 303-449-0105 APN: Owner Address: 3737 Broadway -2nd Review Body: C_ ity Council_ City/State/Zip: Boulder, CO 80304 2nd Review Date: Owner Phone: 1303 95 Decision-making Body: City Council _ Project Address: 12100 Approval/Denial Date: Street Name: R est44th Avenue City/State, Zip: heat Ridge CO . _ Reso/Ordinance No.: Case. Disposition: Conditions of Approval: Project Planner: File Location: r Notes: r I Follow-Up: District: Date Received: Pre-App Date: