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Home My WebLink AboutWZ-15-04♦ 11 City of "� Wheat dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building January 14, 2016 Slawomir Golabek 5745 S. Andes Street Aurora CO 80015 Dear Mr. Golabek: 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of December 14, 2015, City Council APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44`h Avenue for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested zoning has been reviewed by Planning Commission, which has forwarded its recommendation. 3. The requested zoning has been found to comply with the "criteria for review" in Section 26- 112-E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes cc: WZ-15-04 (case file) WZ 1504.doc www.d.wheatridge.co.us City Council Minutes December 14, 2015 Page 4 3. Council Bill 29-2015 —an Ordinance Approving the Rezoning of property located at 10590 W. 44th Avenue from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) (Case No. WZ-15-04/Golabek). Councilmember Wooden introduced Council Bill 29-2015. The applicant is requesting a zone change to expand the permitted uses, including residential. Following the zone change all further site plan review will be administrative. Clerk Shaver assigned Ordinance 1590. Mayor Jay opened the public hearing and swore in Ms. Reckert. Staff presentation Ms. Reckert entered into the record the comprehensive plan, the zoning ordinance, the case file and packet material and contents of the digital presentation. She testified that all notification and posting requirements have been met. The property is a .45 -acre plot on the comer of 44th & Moore Street. In 2001 the property was rezoned with the intent to develop into a garden center. The applicant wants MU -N zoning so it can include residential with any possible commercial uses. There have been no concerns from the neighborhood. All agencies can serve the property. Further site plan review will be done by staff. Staff recommends approval for the following reasons: • The zone change is consistent with the comprehensive plan. • Increased uses will benefit and may serve as a catalyst for other investments in the area. • The criteria used to evaluate a zone change supports the request. Mayor Jay closed the public hearing. Motion by Councilmember Wooden to approve Council Bill 29-2015 - an Ordinance Approving the Rezoning of property located at 10590 W. 44th Avenue from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) (Case No. WZ-15- 04/Golabek) on second reading and that it take effect 15 days after final publication for the following reasons; 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation for approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." ,onded by Councilmember Hoppe; carried 7-0. City of Wheatjucge COMMUNITY DrAwrMFM r ati e Case No. WZ-15-04/Golabek _ A request for approval of a zone change from Planned 1 Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) at 10590 W. 4411' Avenue Cal o `s Ikcuultr U. 14115 Aerial phmo 0 t Site Looking Mruheasl across properly will' W 44"' Avenue in foreground Looking Runh at bloom Streit Zone change criteria Neighborhood Meeting: field on April 13,'_'015 No neighborhood attendees present Existing PCD/Proposed zone change request Process Referral: No concerns from cit) departments or agencies Subsequent referral for site plan review Planning Commission: Recommended approra] on No, ember 5.'_015 No teslimonq opposed 44' A -m., nciphb, r,N o I commercial -...dor Next stens: Proper)' - commercial candor transitioning to nei_hborlxod 0 Site plan - recierred administraliceh Building permit 3/3/2016 City of " WheatRdge ITEM NO: DATE: December 14, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29-2015 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10590 WEST 44"' AVENUE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-15-041GOLABEK) ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (11/09/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (12/14/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: YES ❑ NO Community Development irector City Manager ISSUE: The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44' Avenue. The proposed rezoning area includes one parcel, which is approximately .45 acres. The purpose of the zone change is to expand permitted uses for the site, including the option for residential construction. This is the first step of the process for development of the site with MU -N zoning. If the zone change is approved, future redevelopment of the site would be reviewed administratively through a site plan review process to confirm compliance with all zoning code standards. PRIOR ACTION: This case was heard by Planning Commission on November 5, 2015 and a recommendation of approval was given. The staff report and meeting minutes from the Planning Commission public hearing are attached. Council Action Form — Zoning Change for 10590 W. 441i Avenue December 14, 2015 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $900 were collected for the review and processing of Case No. WZ-15-04. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties and increased housing choices in the community. BACKGROUND: Subject Property The property, which is vacant, is located at the southeast corner of West 44�h Avenue and Moore Street in the northwestern quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which has a mix of residential and commercial uses. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39-211-11-028 with a total area of 22,013 square feet. The property is part of the JayLarry Subdivision and has roughly 150 feet of frontage along W. 44`" Avenue and roughly 160 feet along Moore Street. The property was rezoned from Agricultural -One (A-1) to PCD in 2001. The intent of the zone change was to develop the property into a garden center; however, other commercial uses, including office, service and retail, are also allowed in the planned development. Surrounding Land Uses Properties to the west are zoned Residential -Three (R-3) and Agricultural -One e east is the New property to the south is a multi -family residence zoned R-3. The property to the east Gate Apartment complex zoned Planned Residential Development (PRD). The two lots to the north are zoned Residential -Two (R-2) and A-1 and have a church and residence on them. Current and Proposed Zoning The applicant is requesting the property be rezoned to Mixed Use (MU -N), a zone district that is generally found along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium -density, mixed-use developments in which residential uses are permitted, in addition to a limited range of neighborhood -serving commercial and retail uses. While the current PCD documents were intended to accommodate a garden center, permitted uses include office, retail and service. New residential uses are not allowed. The MU -N zone district allows office, service, retail and residential uses. The flexibility of uses allowed in the MU -N is attractive for property owners as it could allow new multi -family and live/work opportunities. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment Council Action Form — Zoning Change for 10590 W. 44a' Avenue December 14, 2015 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 29-2015, an ordinance approving the rezoning of property located at 10590 West 44`h Avenue (Case No. WZ-15-04) from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N), on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." Or, "I move to deny Council Bill No. 29-2015an ordinance approving the rezoning of property located at 10590 West 44`h Avenue from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N), on second reading for the following reasons: 1. 2. 3. And, direct the City Attorney to prepare a Resolution of Denial, to be scheduled for City Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 29-2015 2. Planning Commission staff report with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WOODEN COUNCIL BILL NO. 29 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10590 WEST 44th AVENUE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ-15-041GOLABEK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Slawomir Golabek has submitted a land use application for approval of a zone change to Mixed Use Neighborhood zone district for property located at 10590 W. 44th Avenue; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use – Neighborhood zone district will accommodate redevelopment of the site; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Slawomir Golabek for approval of a zone change ordinance from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Lot 19 of Jaylarry Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44th Avenue as monumented by the City of Wheat Ridge, Colorado. Said parcel contains 24,894 square feet. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the Attachment 1 City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4 Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 9th day of November, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, December 14, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14th day of December, 2015. SIGNED by the Mayor on this day of Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: November 12, 2015 2nd publication: Wheat Ridge Transcript: Effective Date: , 2015. CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: November 5, 2015 CASE NO. & NAME: WZ-15-04/Golabek ACTION REQUESTED: Approval of a zone change from Planned Residential Development (PRD) to Mixed Use - Neighborhood LOCATION OF REQUEST: 10590 W. 44`h Avenue PROPERTY OWNER: MGL Properties APPROXIMATE AREA: .45 acres PRESENT ZONING: Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor, Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION E All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Planning Commission WZ-15-04/Golabek Attachment 2 I. REQUEST This application is for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44th Avenue. The zone change is the first step in the process for approval of a future mixed use development on the site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the design standards of the mixed use zone district. The proposed zone change includes a single parcel, the total of which is approximately .45 acres. (Exhibit 1, Aerial photo) II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The property, which is vacant, is located at the southeast corner of West 44th Avenue and Moore Street in the northwestern quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which has a mix of residential and commercial uses. The property was rezoned from Agricultural -One (A-1) to PCD in 2001. The intent of the zone change was to develop the property into a garden center; however, other commercial uses including office, service and retail are allowed in the planned development as well. (Exhibit 2, PCD plan) The development plan is comprised of three sheets. Sheet 1 shows a tentative lot design including a 2000 square foot garden center with outside display area. Sheet 2 establishes allowed uses and development standards. A landscape plan and building elevations are depicted on Sheet 3. Surrounding Zoning and Land Use Properties to the west are zoned Residential -Three (R-3) and Agricultural -One (A-1). The property to the south is a multi -family residence zoned R-3. The property to the east is the New Gate Apartments complex zoned Planned Residential Development (PRD). The two lots to the north are zoned Residential -Two (R-2) and A-1 and have a church and residence on them. (Exhibit 3, zoning map) Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39- 211-11-028 with a total area of 22,013 square feet. The property is part of the JayLarry Subdivision. And has roughly 150' of frontage along W. 44th Avenue and roughly 160' along Moore Street. (Exhibit 4, site photos) III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use -Neighborhood (MU -N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial 2 Planning Commission WZ-15-04/Golabek centers. The zone district is established to encourage medium density mixed use development in which residential uses are permitted, in addition to a limited range of neighborhood -serving commercial and retail uses. While the current PCD documents were intended to accommodate a garden center, permitted uses include office, retail and service. New residential uses are not allowed. The MU -N zone district also allows office, service and retail but residential uses as well. The flexibility of uses allowed in the MU -N is attractive for property owners as it could allow new multi- family and live/work opportunities. The following table compares the proposed and existing standards that apply to the subject property. IAXiertural' Allows new residential, commercial, Allows office, service and retail. No or mixed uses — includes multi- residential development is allowed. family and live/work facilities. Allows outside display. tHigh quality architecture required; Per page 3 of the PCD docs, Standards standards related to articulation, architectural materials include lap variation, materials, transparency siding, metal panels, brick accents with transparency on north and west. There are no standards related to articulation or materials variation. Building Height T-MR091 35 feet if building has residential use 35 feet for all uses (max) 50 feet for all other uses Build -to / Setbacks Front 0 — 12 foot build -to area 30 feet Rear setback 5 feet 10 feet' + 5 feet/story Side setback, west 0 feet 30 feet (from Moore) Side setback, cast, 1-2 story = 10 feet 10 feet 3 story = 15 feet Lot Coverage (max) 4 90% for mixed use 80% 85% for single use Landscape / Open 10% for mixed use 20% Space (min) 15% for single use Given the proximity of the multi -family home on the south side, it should be noted that the MU -N zone district includes standards which offset the potential impacts of new commercial development, parking lot screening, landscape buffers and building step backs. Planning Commission WZ-15-04/Golabek At this point, the property owner intends on developing the property but has no specific development scenario proposed. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While the new zoning would allow for residential, commercial and mixed uses on the lot, any proposed new development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. The MU -N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the table above, the PCD and MU -N zone districts have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Although no specific redevelopment scenarios are proposed at this time, prior to any future development, a site plan review application will be required. This application will include a referral to all impacted utility agencies. The property owner/developer will be responsible for utility installation and/or upgrades. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Planning Commission 4 WZ-15-04/Golabek The proposed zoning is consistent with the policies and goals in the City's comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel -based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan for this area depicts W. 44th Avenue as a "neighborhood commercial corridor" transitioning into Neighborhood to the south. Because the MU -N zoning will allow for a wider range of development scenarios on the property, the zone change and site development could encourage investment in the area. If there are retail uses in the development, city sales will tax be collected. Goals identified for neighborhood commercial corridors include: • Encouraging improvement of underutilized properties. • Attracting quality retail development and actively retaining existing retailers • Increasing housing options • Ensuring quality design for development and redevelopment The property is also located in the Fruitdale Valley Subarea plan which was adopted in 2007. Goals identified in the plan include: • Supporting the redevelopment and revitalization of properties along 44`h Avenue. • Improving and maintaining the quality and conditions of property in the area. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Planning Commission WZ-15-04/Golabek Staff has not found any evidence of an error with the current Restricted Commercial zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. West 44`h Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of residential, multi -family and small businesses. Many of these properties were developed in Jefferson County prior to incorporation of the City. The zone change will promote development of the property which could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING The required pre -application meeting for neighborhood input was held on June 16, 2015. There were no attendees from the neighborhood. VI. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Will review at the time of site plan application for fire access, water supply and hydrant location. Fruitdale Sanitation District: Can serve the property. Valley Water District: No concerns. 6 Planning Commission WZ-15-04/Golabek Xcel Energy: Has no objections to the zone change. Will assess service at time of future site plan application. Wheat Ridge Public Works: The proposed zone change does not trigger traffic or drainage requirements; therefore, Public Works has no comments at this time. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change is consistent with Envision Wheat Ridge and the Fruitdale Valley Subarea Plan. Staff further concludes increasing the potential land use options through a zone change to MU -N will be a benefit for the city and may serve as a catalyst for other property investment in the area. Finally, staff concludes that the proposed zone change will not adversely affect the public health, safety, or welfare. Because the zone change evaluation criteria support the zone change request, staff is recommending approval for Case No. WZ-15-04. VIII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development to Mixed Use -Neighborhood for property located at 10590 W. 44thAvenue, for the following reasons: 1. The proposed zone change is consistent with Envision Wheat Ridge. 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property investment in the area. 3. The evaluation criteria support the zone change request." Option B: "I move to recommend DENIAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development to Mixed Use -Neighborhood for property located at 10590 W. 44`h Avenue, for the following reasons: 1 . 2." Planning Commission WZ- l 5-04/Golabek 7 EXHIBIT I - AERIAL PHOTO Planning Commission W Z-15-04/Golabek EXHIBIT 2 - PCD PLAN Planning Commission WZ-15-04/Golabek EXHIBIT 3 — ZONING MAP Site F -'i rl' 10 Planning Commission WZ-15-04/Golabek EXHIBIT 4 — SITE PHOTOS* * Compliments of Google Street View Looking southeast across property with West 44th Avenue in foreground Planning Commission WZ-15-04/Golabek 11 Looking south at Moore Street Looking east from Moore Street 12 Planning Commission WZ-15-04/Golabek 4. The criteria used to evaluate a zone change support the request. Motion carried 7-0. Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting approval of a zone change from Planned Commercial 4th Avenue. (PCD) to Mixed Use -Neighborhood for property located at 10590 W. 44 Avenue. In 2001 the property was rezoned from A Develo merit PCD w gricultural -One (A-1) to Planned Commercial p ( ) ith the intent of developing the property into a garden center. No residential uses are included in the permitted uses. The applicant is requesting MU -N for the flexibility of having commercial and residential uses allowed on the property. Ms. Reckert continued that the MU -N setbacks are more pedestrian friendly as Opposed to the PCD setbacks which place the buildings farther away from the street. The change of zone is also in conformance with the City of Wheat Ridge comprehensive plan goals because it will allow for a wider range of development scenarios on the property. A neighborhood meeting was held on April 13, 2015 in which no neighborhood attendees were present. Also, there were no phone calls or letters received and no concerns from city departments or agencies. Slawomir Goiabek 4745 S. Andes St., Aurora, CO Plans for the site might be townhomes and construction would likely start in in 2016. There were no questions from the Commission. It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -l) for property located at 10590 W. 44�h Avenue, for the following reasons: 1. The proposed zone change is consistent with EnvisionWheat Ridge and the Fruitdale Valley Subarea Plan Planning Commission Minutes November 5, 2015 .4— Attachment 4— Attachment 3 S. 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property investment in the area. 3. The evaluation criteria support the zone change request. OTHER ITEMS Commissioner OHM asked if the city considered looking at the parking requirements at retail areas; reducing the amount of parking requirements for areas like food establishments. Ms. Reckert stated that when the city adopted the mixed use zonings the parking requirements were substantially reduced. 9. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner OHM to adjourn the meeting at 7:42 p.m. Motion carried 7-0. Alan Bucknam, Chair Planning Commission Minutes November 5, 2015 Tammy Odean, Recording Secretary -5— City of W heat j�idge ITEM NO: DATE: December 14, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 4848_ - A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING ® PUBLIC HEARING ❑ ORDINANCES FOR IIT READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS QUASI-JUDICIAL: ❑ YES ® NO . — ()x" 7: t /' 4, j 4 M City Manager ISSUE: On May 29, 2015 Governor John Hickenlooper signed into law House Bill 15-1348 which goes into effect on January 1, 2016. The bill amends the Urban Renewal Law statute to include several additional operational requirements for local urban renewal authorities. The bill is very complex, with a number of uncertain and ambiguous problems. Both the Governor and the sponsors of the bill acknowledge there are problems with the bill; therefore, the Governor established a working group to address these problems and to recommend clarifying implementation language. To minimize some of the potential negative impacts of HB 1348, staff is recommending a substantial modification to the Wadsworth Boulevard Corridor Urban Renewal Plan, prior to the effective date of the bill, to allow for the utilization of tax increment financing (TIF) in the plan area. Modifying the plan before the effective date of the bill will allow Renewal Wheat Ridge to continue using TIF under current renewal law instead of working through the uncertainty and confusion of HB 1348. PRIOR ACTION: City Council approved the Wadsworth Boulevard Corridor Redevelopment Plan on October 22, 2001. The plan has been amended once since its adoption. Wadsworth Corridor URA Plan Substantial Modification December 14, 2015 Page 2 On November 19, 2015 the Wheat Ridge Planning Commission unanimously adopted resolution 05-2015 making a recommendation that the Plan adheres to the City's Comprehensive Plan, Envision Wheat Ridge. FINANCIAL IMPACT: The substantial modification will have no immediate impact upon the City budget. However, the substantial modification will allow RWR to continue entering into TIF agreements under current Urban Renewal Law statute which will allow the City to continue advancing its economic development goals. BACKGROUND: On May 29, 2015 Governor John Hickenlooper signed into law HB 1348 which goes into effect on January 1, 2016. HB 1348 affects the current operations of Urban Renewal Authorities (URA) throughout the state through its ability to enter into tax increment financing (TIF) agreements in a timely and secured method. In anticipation of the January 1, 2016 date, the Executive Director and the Manager of Renewal Wheat Ridge (RWR), the City's Urban Renewal Authority met with legal counsel. Counsel provided three options which RWR could consider to minimize some of the potential negative impacts of HB 1348. These options were: Take no action. Allow HB 1348 to take effect on January 1, 2016 which would require the following: a. The addition of six new members to the RWR Board; three of which would include an appointment from the Jefferson County Commissioners, a member of the JeffCo School Board, and another representative selected by all the other affected taxing entities. b. TIF impact reports would have to be provided to all taxing districts in a project area and negotiations would have to take place with each taxing district in regard to the sharing of property tax c. If agreement cannot be reached with each taxing district, mandatory mediation would be required 2. Enter into blanket agreements with all the taxing entities. Before January 1, 2016 RWR could meet with, negotiate and approve tax sharing agreements with all the affected taxing entities in advance of any redevelopment projects. Staff and counsel felt this would not be feasible due to the short timeframe. 3. Begin the 25 -year TIF clock on all the existing Urban Renewal Plan areas. By beginning the 25 -year TIF clock, RWR could continue operating under current Urban Renewal Law regarding the implementation of TIF. On October 20, 2015 the Executive Director and the Manager made a recommendation to the RWR Board that option 3 was the most prudent step to take. RWR board agreed this is the option that should be enacted. At that same meeting, RWR entered into a services agreement with Ricker/Cunningham to complete all the documents required to make the substantial modification to the Plan. Wadsworth Corridor URA Plan Substantial Modification December 14, 2015 Page 3 In order to adopt a substantial modification to an existing Urban Renewal Plan, Colorado Revised Statues C.R.S. 31-25-107 requires the following have been achieved. • Prepare an amendment to the Plan. This was completed in October, 2015 and is incorporated as part of the Plan. • Submit the amendment to the Planning Commission for review for conformity with the City's general plan at least thirty (30) days before the public hearing (C.R.S. § 31-25-107(2)). Resolution 05-2015 was adopted at the November 19, 2015 meeting. • Provide a 30 -day written notice to all property owners, residents and owners of businesses within the Plan area (C.R.S. § 31-25-107(4)(c)). Notices were sent on November 10, 2015. • Submit the modification to the board of county commissioners at least thirty (30) days before public hearing (C.R.S. § 31-25-107(3.5)). If the proposed modification contains TIF provisions, an impact statement must also be presented to the board of county commissioners containing specific information required by C.R.S. § 31-25-107(3.5). The plan modification and impact report was submitted to the office of the commissioners on November 14, 2015. • Post the public hearing notice. The notice was published on November 12, 2015 in the Wheat Ridge Transcript. Upon completion of those items, Council is required to conduct a public hearing (C.R.S. § 31- 25-107(4)). After the public hearing and adoption of a resolution, the county assessor will be notified of the TIF provision (C.R.S. § 31-25-107(10)). RECOMMENDATIONS: Staff recommends that Council adopt resolution 48-2015 for the following reasons: • Adoption of the resolution will allow RWR to continue to enter into TIF Agreements without having to enter into tax sharing agreements with all taxing entities which may add burdensome time to URA activities • Adoption of the resolution provides some security to the City and RWR regarding the ambiguity of the language in HB 1348 • The request is consistent with many of the values, goals, and strategies stated in the Comprehensive Plan • Adoption of the resolution will continue the redevelopment of blighted areas in all the URA plan areas which stimulate growth in jobs, sales tax, and aesthetic appeal of the community RECOMMENDED MOTION: "I move to approve Resolution No. 48-2015, a resolution approving a substantial modification to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the utilization of tax increment financing." Wadsworth Corridor URA Plan Substantial Modification December 14, 2015 Page 4 Or, "I move to table indefinitely Resolution No. 48-2015 for the following reason(s) REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: 1. Resolution No. 48-2015 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48 Series of 2015 TITLE: A RESOLUTION APPROVING A SUBSTANTIAL MODIFICATION TO THE WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING WHEREAS, the City Council of the City of Wheat Ridge has previously adopted the Wadsworth Boulevard Corridor Redevelopment Plan (the "Plan"); WHEREAS, the City Council finds that modification of the Plan to commence the collection of property tax increment is necessary based on the potential development that necessitates the use of property tax increment; WHEREAS, the City Council finds that the commencement of property tax increment constitutes a substantial modification of the Plan; WHEREAS, the City Council has complied with the requirements of the Urban Renewal Law and particularly C.R.S. § 31-25-107, regarding the adoption of a substantial modification to the Plan; WHEREAS, a public hearing on the substantial modification to the Plan was held before the City of Wheat Ridge City Council on December 14, 2015; and WHEREAS, at the public hearing, the City Council heard and received evidence supporting the findings set forth in this Resolution and wishes to approve a substantial modification to the Plan as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Based on the evidence presented at the public hearing, the City Council of the City of Wheat Ridge hereby finds and determines that: (a) The conditions of blight as defined by C.R.S. § 31-25-103(2) and as set forth in the Plan, are unchanged. (b) There exist feasible methods for the relocation of individuals, families, and business concerns in accommodations or areas suitable for their relocation. (c) The City Council has taken reasonable efforts to provide written notice of the public hearing to all property owners, residents and owners of business concerns in the existing urban renewal area at their last known address of record at least thirty days prior to the hearing. Such notice contained the information required by C.R.S. § 31-25-107(3). 018435\0001 \13727393.2 (d) No more than 120 days have passed since the commencement of the first public hearing on the substantial modification to the Wadsworth Boulevard Corridor Redevelopment Plan. (e) The Plan (which is being substantially modified) does not contain property that was included in a previously submitted urban renewal plan that the City Council failed to approve. (t) The Wadsworth Boulevard Corridor Redevelopment Plan, as substantially modified by this Resolution, conforms to the general plan of the City of Wheat Ridge as a whole. (g) The Wadsworth Boulevard Corridor Redevelopment Plan, will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. (h) The Wheat Ridge Urban Renewal Authority or the City of Wheat Ridge, will adequately finance any additional county infrastructure and services required to serve development in the urban renewal area during the applicable tax increment financing period as set forth in C.R.S. § 31-25-107(9)(a)(II). (i) The principal purpose for the substantial modification to the Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. 0) The substantial modification to the Plan draws the boundaries of the area subject to the Plan as narrowly as feasible to accomplish the planning and development objectives for the Wadsworth Boulevard Corridor Redevelopment Plan. (k) The Wadsworth Boulevard Corridor Redevelopment Plan, as substantially modified, does not consist in its entirety of open land. (1) The acquisition, clearance, rehabilitation, conservation, development or redevelopment or a combination thereof of the Plan Area, pursuant to the Wadsworth Boulevard Corridor Redevelopment Plan, is necessary and in the best interests of the public health, safety, morals, and welfare of the citizens of the City of Wheat Ridge. Section 2. Based on the above findings, the City Council approves a substantial modification to the Plan to commence the collection of property tax increment within the entirety of the Plan area. DONE AND RESOLVED this 14`h day of December, 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 City of Wh6atRj[dge- POSTING CERTIFICATION CASE NO. WZ-15-04 CITY COUNCIL HEARING DATE: (name) residing at -7Sa6 GU 7-q 7-14 Ay E (address) as the applicant for Case No WZ-15-04 December 14, 2015 hereby certify that I have posted the Notice of Public Hearing at % 0 5-1c) Gtr . y '-1 (location) 714 on this day of /U%U V, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP City o W heat Iidge LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-04 Date of City Council hearing: December 14, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 21 letters on November 30, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Q� Date: # 30 -/ City of Wheatl dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) November 30, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-04, an application filed by Slawomir Golabek for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use - Neighborhood (MU -N) located at 10590 West 44th Avenue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Citv Council December 14 2015 (a 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, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. isheatridge.co.us Vicinity May y4I1. t v 1u� Y,. 3 ! - i r ell ek 43RD P A wz I 504.doc cagy Feet— wuets I A Bend along line to i Use Avery® Template 5160Q 1 Feed Paper — expose Pop-up EdgeTM" ' 1 42 WEST APARTMENTS LLC BRETZ CHRISTINE 6244 W 72ND AVE 10465 W 44TH AVE ARVADA CO 80003 WHEAT RIDGE CO 80033 BYBEE DANIEL P DUNLAP ROBERT W 4340 NEWCOMBE ST 32391 HORSESHOE DR WHEAT RIDGE CO 80033 EVERGREEN CO 80439 FRUITDALE BAPTIST CHURCH VITALE RAFFAELE VITALE 10555 W 44TH AVE FILOMENA M WHEAT RIDGE CO 80033 3910 SIMMS CT WHEAT RIDGE CO 80033 ROSEL STEIN 44TH LLC 981 E COURTLAND PL HIGHLANDS RANCH CO 80126 HONEBEIN JERRY J 4350 NEWCOMBE ST WHEAT RIDGE CO 80033 MC NEAL PATRICIA SNIDER PATRICIA 10470 W 44TH PL A WHEAT RIDGE CO 80033 GOLABEK SLAWOMIR 5745 S ANDES ST AURORA CO 80015 JONES JONATHAN R 10475 W 44TH AVE WHEAT RIDGE CO 80033 MCFARLIN CHRISTOPHER G MCFARLIN LINDA 29281 UPPER MOSS ROCK RD GOLDEN CO 80401 ®' AVERY® 5160 1 BURRIS CORY A BUECHNER SABINE C 10403 W 44TH AVE WHEAT RIDGE CO 80033 FREEMAN SUSAN E GRAZIER ELVORA M 10480 W 44TH PL WHEAT RIDGE CO 80033 SIMMONS LEE M 90427 TIMBERS RIDGE RD VALENTINE NE 69201 GRUMPY INVESTMENTS LLC SCHAFER BARRY W 3801 URBAN ST WHEAT RIDGE CO 80033 MARTINEZ BENITO Q MARTINEZ DEBBIE L 14369 W 69TH PL ARVADA CO 80004 MUELLER BERNIE L 1046 ZODO AVE ERIE CO 80516 MUELLER MARK C NEWGATE ASSOCIATES LTD OLSON LARRY G OLSON 9543 BRENTWOOD WAY B % BRC REAL ESTATE CORP SHARON K WESTMINSTER CO 80021 9331 COMMERCE CENTER ST 11556 W KENTUCKY DR Al LAKEWOOD CO 80226 HIGHLANDS RANCH CO 80129 ticluettes faciles b peter ; A Repliez b la hachure afin de ' Sens de i vvvvvv.averv.com tilisez le gabarit AVERI(® 51600 j chargement rdv6ler le rebord Pop upmc 1 1 -800 -GO -AVERY City of Wheat �idge �- ITEM NO: DATE: November 9, 2015 REQUEST FOR CITY COUNCIL ACTION w�. TITLE: COUNCIL BILL NO. 29-2015- AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10590 WEST 44th AVENUE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-15-04/GOLABEK) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (11/09/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (12/14/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO I(II City Manager ISSUE: The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 40 Avenue. The proposed rezoning area includes one parcel, which is approximately .45 acres. The purpose of the zone change is to expand permitted uses for the site, including the option for residential construction. This is the first step of the process for development of the site with MU -N zoning. If the zone change is approved, future redevelopment of the site would be reviewed administratively through a site plan review process to confirm compliance with all zoning code standards. PRIOR ACTION: This case will be heard by Planning Commission on November 5, 2015. The staff report and meeting minutes from the Planning Commission hearing will be included with the ordinance for second reading. Council Action Form — Zoning Change for 10590 W. 44`h Avenue November 9, 2015 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $900 were collected for the review and processing of Case No. WZ-15-04. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties and increased housing choices in the community. BACKGROUND: Subject Property The property, which is vacant, is located at the southeast corner of West 44`h Avenue and Moore Street in the northwestern quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which has a mix of residential and commercial uses. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39-211-11-028 with a total area of 22,013 square feet. The property is part of the JayLarry Subdivision and has roughly 150 feet of frontage along W. 44`h Avenue and roughly 160 feet along Moore Street. The property was rezoned from Agricultural -One (A-1) to PCD in 2001. The intent of the zone change was to develop the property into a garden center; however, other commercial uses, including office, service and retail, are also allowed in the planned development. Surrounding Land Uses Properties to the west are zoned Residential -Three (R-3) and Agricultural -One (A-1). The property to the south is a multi -family residence zoned R-3. The property to the east is the New Gate Apartment complex zoned Planned Residential Development (PRD). The two lots to the north are zoned Residential -Two (R-2) and A-1 and have a church and residence on them. Current and Proposed Zoning The applicant is requesting the property be rezoned to Mixed Use -Neighborhood (MU -N), a zone district that is generally found along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium -density, mixed-use developments in which residential uses are permitted, in addition to a limited range of neighborhood -serving commercial and retail uses. While the current PCD documents were intended to accommodate a garden center, permitted uses include office, retail and service. New residential uses are not allowed. The MU -N zone district allows office, service and retail and residential uses. The flexibility of uses allowed in the MU -N is attractive for property owners as it could allow new multi -family and live/work opportunities. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment Council Action Form — Zoning Change for 10590 W. 44`h Avenue November 9, 2015 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 29-2015 an ordinance approving the rezoning of property located at 10590 West 44`h Avenue from Planned Commercial Development (PCD) to Mixed Use - Neighborhood (MU -N) on first reading, order it published, public hearing set for Monday, December 14, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 29-2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 29 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10590 WEST 441h AVENUE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ-15-04/GOLABEK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Slawomir Golabek has submitted a land use application for approval of a zone change to Mixed Use Neighborhood zone district for property located at 10590 W. 44th Avenue; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use – Neighborhood zone district will accommodate redevelopment of the site; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Slawomir Golabek for approval of a zone change ordinance from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Lot 19 of Jaylarry Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44 th Avenue as monumented by the City of Wheat Ridge, Colorado. Said parcel contains 24,894 square feet. Section 2. Vested -Property-Rights.Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. ATTACHMENT 1 Section 3 Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4 Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 9th day of November, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, December 14, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14th day of December, 2015. SIGNED by the Mayor on this day of , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: City of Wheat j ,,gie COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave December 4, 2015 Slawomir Golabek 5745 S. Andes St. Aurora CO 80015 Dear Mr. Golabek: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of November 5, 2015, Planning Commission recommended APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 445h Avenue, for the following reasons: 1. The proposed zone change is consistent with Envision Wheat Ridge and the Fruitdale Valley Subarea Plan 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property investment in the area. 3. The evaluation criteria support the zone change request. Your request for approval of a zone change is scheduled for public hearing before City Council at 7:00 p.m. on December 14, 2015. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes cc: WZ-15-04 (case file) WZ 1504.doc www.ci.w h ea tridge.co.0 s 4. The criteria used to evaluate a zone change support the request. Motion carried 7-0. B. Ms. Reckert gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood for property located at 10590 W. 44th Avenue. In 2001 the property was rezoned from Agricultural -One (A-1) to Planned Commercial Development (PCD) with the intent of developing the property into a garden center. No residential uses are included in the permitted uses. The applicant is requesting MU -N for the flexibility of having commercial and residential uses allowed on the property. Ms. Reckert continued that the MU -N setbacks are more pedestrian friendly as opposed to the PCD setbacks which place the buildings farther away from the street. The change of zone is also in conformance with the City of Wheat Ridge comprehensive plan goals because it will allow for a wider range of development scenarios on the property. A neighborhood meeting was held on April 13, 2015 in which no neighborhood attendees were present. Also, there were no phone calls or letters received and no concerns from city departments or agencies. Slawomir Golabek 4745 S. Andes St., Aurora, CO Plans for the site might be townhomes and construction would likely start in in 2016. There were no questions from the Commission. It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44th Avenue, for the following reasons: 1. The proposed zone change is consistent with Envision Wheat Ridge and the Fruitdale Valley Subarea Plan Planning Commission Minutes - 4 November 5, 2015 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property investment in the area. 3. The evaluation criteria support the zone change request. Motion carrit*160 8. OTHER ITEMS Commissioner OHM asked if the city considered looking at the parking requirements at retail areas; reducing the amount of parking requirements for areas like food establishments. Ms. Reckert stated that when the city adopted the mixed use zonings the parking requirements were substantially reduced. 9. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner OHM to adjourn the meeting at 7:42 p.m. Motion carried 7-0. Alan Bucknam, Chair Planning Commission Minutes November 5, 2015 Tammy Odean, Recording Secretary -5— PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 5, 2015 Case No. WZ-15-04: An application for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44th Avenue. Name Address (Please print) In Favor/Opposed ♦ A , City of Wheat jge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: November 5, 2015 CASE NO. & NAME: WZ- I 5-04/Golabek ACTION REQUESTED: Approval of a zone change from Planned Residential Development (PRD) to Mixed Use - Neighborhood LOCATION OF REQUEST: 10590 W. 44`h Avenue PROPERTY OWNER: MGL Properties APPROXIMATE AREA: .45 acres PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE Planned Commercial Development (PCD) Neighborhood Commercial Corridor, Neighborhood CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Planning Commission WZ-15-04/Golabek All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44th Avenue. The zone change is the first step in the process for approval of a future mixed use development on the site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the design standards of the mixed use zone district. The proposed zone change includes a single parcel, the total of which is approximately .45 acres. (Exhibit 1, Aerial photo) II. EXISTING CONDITIONS/PROPERTY HISTORY Subject PropertN The property, which is vacant, is located at the southeast corner of West 44th Avenue and Moore Street in the northwestern quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which has a mix of residential and commercial uses. The property was rezoned from Agricultural -One (A-1) to PCD in 2001. The intent of the zone change was to develop the property into a garden center; however, other commercial uses including office, service and retail are allowed in the planned development as well. (Exhibit 2, PCD plan) The development plan is comprised of three sheets. Sheet 1 shows a tentative lot design including a 2000 square foot garden center with outside display area. Sheet 2 establishes allowed uses and development standards. A landscape plan and building elevations are depicted on Sheet 3. Surrounding Zoning and Land Use Properties to the west are zoned Residential -Three (R-3) and Agricultural -One (A-1). The property to the south is a multi -family residence zoned R-3. The property to the east is the New Gate Apartments complex zoned Planned Residential Development (PRD). The two lots to the north are zoned Residential -Two (R-2) and A-1 and have a church and residence on them. (Exhibit 3, zoning map) Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39- 211-11-028 with a total area of 22,013 square feet. The property is part of the JayLarry Subdivision. And has roughly 150' of frontage along W. 44th Avenue and roughly 160' along Moore Street. (Exhibit 4, site photos) Planning Commission 2 WZ-15-04/Golabek III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use -Neighborhood (MU -N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which residential uses are permitted, in addition to a limited range of neighborhood -serving commercial and retail uses. While the current PCD documents were intended to accommodate a garden center, permitted uses include office, retail and service. New residential uses are not allowed. The MU -N zone district also allows office, service and retail but residential uses as well. The flexibility of uses allowed in the MU -N is attractive for property owners as it could allow new multi- family and live/work opportunities. The following table compares the proposed and existing standards that apply to the subject property. Uses Allows new residential, commercial, Allows office, service and retail. No or mixed uses — includes multi- residential development is allowed. family and live/work facilities. Allows outside display. Architectural High quality architecture required; Per page 3 of the PCD docs, Standards standards related to articulation, architectural materials include lap variation, materials, transparency siding, metal panels, brick accents with transparency on north and west. There are no standards related to articulation or materials variation. Building Height 35 feet if building has residential use 35 feet for all uses (max) 50 feet for all other uses Build -to / Setbacks Front 0 — 12 foot build -to area 30 feet Rear setback 5 feet 10 feet' + 5 feet/story Side setback, west 0 feet 30 feet (from Moore) Side setback, east 1-2 story = 10 feet 10 feet 3 story = 15 feet Lot Coverage (max) 90% for mixed use 80% 85% for single use Landscape / Open 10% for mixed use 20% Planning Commission WZ-15-04/Golabek Space (min) 15% for single use Given the proximity of the multi -family home on the south side, it should be noted that the MU -N zone district includes standards which offset the potential impacts of new commercial development, parking lot screening, landscape buffers and building step backs. At this point, the property owner intends on developing the property but has no specific development scenario proposed. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While the new zoning would allow for residential, commercial and mixed uses on the lot, any proposed new development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. The MU -N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the table above, the PCD and MU -N zone districts have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Although no specific redevelopment scenarios are proposed at this time, prior to any future development, a site plan review application will be required. This application will include a referral to all impacted utility agencies. The property owner/developer will be responsible for utility installation and/or upgrades. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the follo%-,-ing conditions exists: Planning Commission 4 WZ-15-04/Golabek a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the City's comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel -based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan for this area depicts W. 44th Avenue as a "neighborhood commercial corridor" transitioning into Neighborhood to the south. 44`h Avenue Because the MU -N zoning will allow for a wider range of development scenarios on the property, the zone change and site development could encourage investment in the area. If there are retail uses in the development, city sales will tax be collected. Goals identified for neighborhood commercial corridors include: • Encouraging improvement of underutilized properties. • Attracting quality retail development and actively retaining existing retailers • Increasing housing options • Ensuring quality design for development and redevelopment The property is also located in the Fruitdale Valley Subarea plan which was adopted in 2007. Goals identified in the plan include: • Supporting the redevelopment and revitalization of properties along 44`h Avenue. • Improving and maintaining the quality and conditions of property in the area. Staff concludes that this criterion has been met. Planning Commission WZ-15-04/Golabek b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. West 44`h Avenue carries between 11,000 and 12,000 vehicles per day and land use on the corridor includes a variety of residential, multi -family and small businesses. Many of these properties were developed in Jefferson County prior to incorporation of the City. The zone change will promote development of the property which could act as a catalyst for additional redevelopment and property investment in the area. Staff' concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING The required pre -application meeting for neighborhood input was held on June 16, 2015. There were no attendees from the neighborhood. VI. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Will review at the time of site plan application for fire access, water supply and hydrant location. Fruitdale Sanitation District: Can serve the property. Valley Water District: No concerns. Planning Commission 6 WZ-15-04/Golabek Xcel Energy: Has no objections to the zone change. Will assess service at time of future site plan application. Wheat Ridge Public Works: The proposed zone change does not trigger traffic or drainage requirements; therefore, Public Works has no comments at this time. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change is consistent with Envision Wheat Ridge and the Fruitdale Valley Subarea Plan. Staff further concludes increasing the potential land use options through a zone change to MU -N will be a benefit for the city and may serve as a catalyst for other property investment in the area. Finally, staff concludes that the proposed zone change will not adversely affect the public health, safety, or welfare. Because the zone change evaluation criteria support the zone change request, staff is recommending approval for Case No. WZ-15-04. VIII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development to Mixed Use -Neighborhood for property located at 10590 W. 44`h Avenue, for the following reasons: 1. The proposed zone change is consistent with Envision Wheat Ridge. 2. Increasing the potential land use options will be a benefit for the city and may serve as a catalyst for other property investment in the area. 3. The evaluation criteria support the zone change request." Option B: "I move to recommend DENIAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development to Mixed Use -Neighborhood for property located at 10590 W. 44`h Avenue, for the following reasons: 1 . 2." Planning Commission 7 WZ-15-04/Golabek EXHIBIT 1 -AERIAL PHOTO Planning Commission W Z-15-04/Golabek Q�e• 1118 Couaiy r, C3-,&r� 0-(-. 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CaL 668 &r. 16.6% W TOT, OAA. 6AE Am (.67 AM) 961664 31, 100.4% i SymWOL LAYOUT GARDEK CENTER I PLAW40 COMMERCIAL DEVELOPMENT i PRELIMINARY AND FINAL DEVELOPMENT AN :OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE Et/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., OTY OF WHEAT RIDE. COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 3 IAT 140 War=, MR DP c64otv ' 82PT ANY PNl161P LYMID WNWw AVWWE ASS NUNWM Cam n SPEN" w 1c a^ YO W WAT 0608. DOaRNO. Owir PMg 0" or go AfIMKD SmEMIa � WEST 44th AVEhiLIE IIma 6IMar0s _. moi— r -a' FIVAM By Gird s: -T NUMI 0 ANOCIAM AICEIM,7'8 Ise' r 13166 Y. 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PAM[ M LL w101 MAInw OIL 5 ESTRIAN LIGHT 6 T�.Aa N ENCLOSURE A7 R" FEiNCE ELEVATION i1i4' .1I• --V i i 0— W PIOET Comm Ito wa TO on" Im" CASES PAMI 10 LOLGRer NUS OF Pwau RNE Nm PMR ALL STEEL GATELEVATION No PORTION or ra PROPERTY IS LOCATED VMIW TU !YO—YW PLAIN SITE PlAN_ >x ND-2LD VAL w ort r0a TO Bair RC "Saw E " A ,a S 1DI swsMrt KGiffiD SM a u E SAIRkeC 10 N UGIT mrr eIIAII 1D wa1 AU18P16 ti m►IOIRT b MIDI "too _ rAraen as u. loft (PAD gam ,MONUMENT $IGN N EL-- TENT STR ICTURE 9 iw TC- MOLE TNB mix 61CIIW cam, 0 UM:Y7.Y appAm "a To~ r0 "MY am TWT Ta ~217Y L"u WNW ww r" IN DIY': WS 18 A "am 81PM.OPW6rY m 1CCOmm wm Ti Ste. splu 1m Al" COIgRWlls COMAS A TM nM. AM) AS MAY 1 0 19 M( 8WWM 6Y LAIN. I (r8) Y►gRBCR SECOC,Im TWS TAI% Af'P A W TO PLAN" O8ICLAPIMIT. &MIIOT C6GLTE A 1E6Tm P80P1lTT iQl1T. VW PLAN" IIPM MAY W&Y AMR AND ACCM FU&JANY " NA PIPUb 6 IF BIC W 26-121 OF ARINOE ( OF 110 MINT 000 con of LAU. LicM►,r m }aJfo.>�.w,s1OR As�"sk. LIU AM" NOTARY PURLIC SUNC01111 ANP STORM TO rOEP88 ME THU __Alk `.._RaY or I1/�rA+r�✓.2m umm YY MANS AND DNY��C��aa,. -S-U'LL_ .. MY cmmaWOJI Y[PIRiiS�— WrAw SIM PLANNING COYW'BIm a.W Riarm APPSOVO =—/!r7' WY aycr�-.1102 1Y T CONIIOOOM / Cum" PLAN�IIING AND _ gI�CTOR ----. Cmr COUKIL c1lu i "ON N MPIOYSD TMIS_ BAY or ,2002 AY TR _ [CITY COUNCIL `- / V, CAL 1) Girt cam �,. COIiM CIM AND RICO== CERt9YICATC 703 pOCUIa a Acw m IN PLANS B, to times or TBE COONYY CLM AND. �a.r{c�a I or jolu sm LbI111T1'. AT aim. COWAA90. a� TM¢1if .DAx w�L9BBLt-aa wt w TNB Oma• "•:y' maJ Lf_$Ia P�'►'L . BBcwm FI lop -R92 _ u' � �414d .{i11ii%.A. ABYfT W TWW CUft AND IOLO M NY: DEPOTY CUII6 (SEAL) SURVIYOR`S CUTIP1C M I, JOS" P. ABM & A BrA611 M LAW SUMOa r1 TO SUR W COIOWDO. W Mr1IRY cam" TWT TIB Slam w m Qw COD0666 CARROT mm As a" NY a, EAS am v"m NY "avow UO NAT TOT ACCwANYDIC UP ACC NATILY AND PMR MY 31011. BID MM TiSaW 116701 TOB .Z 1 61Y*1a14, _�7AYi —am 1(11618 Jr. A. P it L 109fFM i. 616108. WAY" fftMATMNi OR 8010967RNT S&M MR IAYMOIRB HiCORO®i INIRW1110Ir. ENf.'UIMRAtIC65. Russ 7,T1 commum, OPNSRW TTTLE MOO a ANY Still PACTS TWT AN ACMIATE AND UMW am mm MAY 6MC1 1a - EXHIBIT 2 1 rw 14 DC>P Ek, I18 ft�3• yS Pea. =K 4499r A. DINBRSHIP / UNIFIED CONTROL STATEMENT USA C. ATffiID 9HAll HE THE 91=1 OTNRN9HP Ef1TT:'. THERE IS NOT PUTORE OWNRBSHH ANTICIPAT®. THE OTWER SEAM MAINTAIN CONTROL TAWMHOOT TBR PUNNING, OEVRIDPIOOR. 095. OPERATION AND OON7MUZ WIRICKANCK OF THIS DEVELOPMENT B. CHARACTER OF DNVNLOPMENT STATEMENT: THUS DYYKOPMSNT RRPIACR,S THE SEASONAL TEMRM STRUCrM NOT O"BB AND OPERATES HY TRMN MRRYH GOKM GARDISM CENTER. LSA A1E11.0, THIS DAnWp WIT IS TO CONTINUR THE SEASONAL SALES OF PRODUM IAiLOBCAPE ITEMS An REIN® DECORATIVE WTRRAIS UNDO TLE CDRNRNT OT.NR11W AND LN A YBAB ROUND PUCE OF BUSDIBSS MOORE STRW TMJ. BR IMPROVED TO CITY STANDARDS, SITE TEST "Ah AVENUE DOES NOT RFQUMIE HIPROYEME,YIS TO THE MISTING SIDBTALI AND PAYING. SMV LANDSCAPE Will HE ADDED, AILING WETH SOLD PRNCING AT TEE SOUTH SIDE AND PASO OF THIP RAST SIDE Of THE SRT& THS FRNCTNG AND LANDSCAPE THL scum THIS SITE PPOM T'HE AD cmN PP.SIDENiIAL ZONING. THE DINER WELL LANDSCAPE TER CORNER OF THE PROPERTY WITH ,("NAL PE++�11S. OFF STREICT FABLING LNO LOADING, AS ➢FENCED OUTWE SALES / DLSPIAY ARRA AND A NET BUILDING WILL COMPIEI'R THE SITE IYl Wi`RA0M' IIIE BUDDING WILL BE PEDESTRUN ORIF.'NTED WITH WLNDOTS FAM THE STREETS. A COYPRRD WAIYTAY / DISPLY ANG THD 1 TAIAWAY CONNECTING TO THE 8112TWG STREET SIOETALS. TIM DLIUDMG NATUWS CAN BE POUND ON AWACENT STRUCTURES. ARE RC,IDVM%L N NATURE AND M&1NT TO BRING 1 TYAU.ER SCALA TO THLS ONE SMY DUUAD/G, THE SOUTH SID$ OF TSR SUHDMG IGLS METAL FALL PANGS HBCAUSE THIS WILL BF m MANSION SIDE OF TBR BUILDING. C. D,BVBLOPME'NT SCHB'DULN TRE CONSYILICTWK OP GEM GODDESS GARDgN CYNM EMAIL DR DEVELOPED IN 1 SINGIA PHAU A.ND SwIlf START IN LTE PAD. OF 2005 AND SHALL BE COYPIZM IN THE SPRING DF 2004. THE C..ANDO CRNM 16 CUYIINTLY IN OPERATION AND PILL DR PENIOTTS71 TO CWTINUI UNTIL THE SITE DRYt3DPMDCT CINIMPICLS ACCORDING TO THE MKU)PIIENT SCHWLB[. D. PROPOSED USES: PIItWM USSR: AICHIAL TiSRRDNARY HOSPITALS OR CLD41M WITH NO OUTW& RUNS ANTIQUE STORES APPAREL AND ACCMORY STORES ART GALLERIES OR M'D106 RLUMS, RETAIL IRC'Y(u STORES BIA:FPRIMING. PHOTOSTATIC COPYING AND OTHU WIWI" REPi,7DUCTION SERVICES ROOK ERODES, NEWSSTANDS, STAMOHSRY AND CARD SPORTS BUSINESS MACHINE OR CUMPUTER STORES GIDIRA AND PIWTOGRAPNHC SU910E AND SIMPLY STOW CANDY, NUr AND COMCTIONERY STORES COMMUNITY BUILDINGS WIRY PRODUCTS STOW FLORAL SHOPS GUM S RPURS GIT, NOVXLTY OR SOUVENIR 9MES GRH04BOUHDNB, RETAIL INCWDING THE 'JAIL OF SEASONAL ITKILS HAIR NAD. An C%IAaTiC SKRVICRS HARDWIRE RIOAY9 HOBBY AND LRAPT STOW HTITDTEOE MORMON SOPS AFVARY R70RES Loc"TH SHOPS MEAT, POULTRY OR SEAFOOD 0711RSS HRDICAL AND DENTAL OMC&S, CLINIC OR LABORATOREES MUSIC STORRS OFPICE SUPPLY STORES OFFICRS� GENEM A111MIS'rhATIM BUSINESS AND PROFESSIONAL OFYICRS OPTICAL STORES PALET AND TAU -PAP" STORES PRARMACHLS PICTURE YOAYING SOOPD SUOE REPAIR SHOPS SHOE STORES SPOErUNG GOODS SiORES STUDIO FOR PROFESSIONAL WORK OR TSACIUNG OF PINE ARTS, PHOTOGRAPHY, MUSIC, DRAMA OR DANCE T®SYISION, RANO, SNAU. APPLIANCE REPAIR ARID SERVICE SHOP TOY Ylui= WATCH AND XWEIXY REPAW SWOPS GREW GOi]► M CAREWN clmgm PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M,, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 IQCOMNS TO Mu171G1 Um No BUPA STORAGE AUGWED OUTDOOR DISPLAY ARRAS ARC PAIOIt7RD AS MgKTDM ON TOES PLR POB TIM OPEtATWN ONLY TRF AMOUNT OF MUDDING SPACE DXVW4 TO RETAIL USC IN UW= 6,000 9W4HF FAST THE FOLIDWING USES ARX NOT PE8UMM. AWILT EhTUTAINMLTIT. AWLT BOOL 041 ANY SFIUAL.Y 04W= BUSARW PAWN SHOPS OR PATH RE'TAI. HISWESS NO DRRL-IM NO OUTDOOR ITRBARY OR GTTN RANGE SIAL BR Pti1HM=T TaffloRm USS. A TWPOR"Y CONSTIMCION THUM FOR CENSTItUCTION OFFICES ARE PCRMTTTED, PROVIDED THAT CONSTRUCTION OFFICES AND TROM ARE ROOM FROM THE ffnn PRIOR TO ISSUAHCR OFA CWU F1CATT. OF OCCUPANCY FOR THE BUBDIHG. E, SITE DATA TOTLL PROPERTY AREA 24,694 S.F. G.6? ACRES I= MAYIYUM BUILDING COYBBAGC 35% MA)aWUM RUIIDMG NBJGR7' Si n LANDSCAPE MANAGE - 11LNNIUM :9X TOTAL 141T COVRRAQ BY MUCH& PAYING AND STMGE LU< OUTDOOR DISPLAY ARG TAU S P. 21:.2% TOTAL MINER or PARIINC SPACE PROVIDED 17 N 2 IUNLICAFPRO SUIIDD4G HwGHT 26 PLBT AV. P%WNG: OFF STRW PAROG RNUMBLENTS TILL ADHERE 110 THE THRAT RIDGE CODE Of LAWS IIRCTTON E0 -50L: 017-STRREI PARRRNG RP.QUIRBHFNIS. G. FaNCES AND MTAINL!YG IALLS: ►DICES AND TAUS 99111. ADOM TD TLE TOUT RIDGE CODE OF LAWS SECTI1IN 23-00.7, FENW, TAUS AND 00MUCIO" TO My H. TRASH CONTAlWRIM (DUMPSTERS) PROVISION: IUSN $NCWXRE SHALL BE MASONRY CONSTRUCTION TO A BEIGBT OF (6') FU-,, MAIL WS DOING BOMAR TO THE MAIM BUI DDIG. I. BUILDING SETRACIS: MMONM FRONT YARD 30 30 YIMT HI MUM SIDE CORNER RAT MINIMUM SIDE YARD t/RERNAL L+7) to FLET MLSM-119 REAR YARD SMACK 0 FEW PLUS b Ft'&1 FOR EACH .1DWTi0NNAL :'IOM.' J, LOT ACCESS YERICUUR ACCESS WILL BE Yam MOORS STRh'6`r. K.. SIGNAGE PLANLESS OTILOVISE NOTED IN VTIfiR AREAS OF TERSE BEGULIUkNS ALL SIGNAGE SHALL DE IN ACCORDANCE 1TTH SEC11014 26-401 OF THE 1HSAT HEDGE CODE OF LIS. YR& STANTIM SIGNS ONE PRRRSCANWNC SIGN LS PERMITTED PER STRUT FRONTAGE WITTI A CBAHG"lX CCPV ARKA, FOR AUVBRIONG SEASONAL ffW AUAfABLE SIGN AREA 95 S.F. PLUS I S.F. FOR EACH LDDTTI" 60 S.F. OF PIDOR AHG OVER 1,501 S -F. MAMUM HEIGHT: 15 PEST SIGN ST MACE FROM "CENT PROPARTIAS, 10 FSP FRoM STRUT P1GHT-OF-WAY, 6 Ma FOR SIGNS UNDER 7 PUT NIGH. 10 FEST POR SIGNS 7 DR MORE PEST HIGH WALL SIGNS ONE TAU SIGN IS prRWITTTD FOR THE SIDE OF THE ELDUNING TLHCH FACES W. 44tD AVE. WITH OR WITHOUT CHANG iga COVE AMA POR AIWFUt7'ISIRG SEASONAL SLU ITEM, AllgTAHIE WALL SIGN AIUA.: 1 S.P. FOO 14CH UNBAR FOOT OF THE SIDE OF THE KILDDNG PERFORUNCY STANDARDS MR SIGNS ACL FREIRSTANDING SIGNS SBAU HE PLACED WITHIN A LANDSCAPED AIWA SIGN LIGHTING SHAD. BE INDIRECT OR INTERNAL ONLY PROHIBITED SIGNS: ASAATTD SIGNS, FLASHING 9H -.JS, REYOLVING SIGNS, 91LARCIiIJ^,IM, ROOF SIGNS, TFIHEIYD ADVERTISING DRPICAS, OFF-I'MISPS S14GNS. PORTABIA. PLAINS L. LIGHTING ALL ETTIiH10R UCIR7`NG gh," BE L\ ACCORDANCE TPTH TRE WHEAT ICIDGE CODE O7 UW:, SECTION 26-503 RATENOR UGMT7M:, Y. OPEN SPACE AND LANDSCAPING 1. TO MLW M PBRCBNTAGR UP LANDSCAPED AMA QUU G It A 2. AUIITIONAL ON IDT I"ISCAPIHG MAY OCCUR AT OTNAR'S CHOICE. S. THE FOLLOWNG MINIVAN SELLS APPLY Ilumn LANDSCL iw IS BBQUIJSID: muliom SHADY TRAM 2' C"KR HYEBUNNON TXm 6' 111116TH' 09NANINTAL AND FLOWERING rA" 2' C"12 SM05 O GAUAK CONTAWRR 4• WALMUM AMOUNT OF HIGH TATIIt LVKSIAO'7t11N SOP (LE. fiUMIRA46 ) RLA11 BN 70 E OF tAND"ID AREA, 6, LOWCAPEU AMU SEAL !K AS INWCIT'1ID ON APPBOVn TME t"DSC/P6 PIAN. S. LANI"L AND GUM" MAIMRNANCE THE OWNU OF A PNOPMT, WS SUGCA NS, WAS OR ASSIGNS SHALL PP. USPW NX PER THIN PROPER MAINMA14CE OF ALL LNN6CkM ALMS, RMXLT TO AN APPIOVED LTmSII'APE PLAN. SUCH ARIAS STALL HE DUM TO INr UIW THE SUIMBCT I'ROPCB7I' AND TRAY PW'IIQH OF ANY ADIAGHNI' FUNK 6TUET 11GR7 OF TAY. FROM TRB PROYHRPY I" TO THS JAUl OF TNI AIUACENT MIA. 7. LANDSCAPING SMALL HE CORIWUOUS7.Y MAINYA041) INCLUDING NKC29iiRY WORKING, TARRING, PRUNING, POST CONTROL AND =gACMWff OF DEAD CTR WE"m PUNT WATEHIAL REPUCEAIRNT OF ORAD ON MUAHRD PLANT UT70UAL AULL. LTE OF Till SA1R OR WMAR TYPE AS BY FOBTV AHOVLL 80101TTUTI0dLS WITH OTBIHI TTM OF PUNT WiTIOW. MAY BE MADE ONLY W,M CITY APPROVAL REPUCBMENT x1411. OCCUR WRNM ONS GROWING SKLQN. d GROUNDS SEAL' N HAINT/MRD IN A SSFP CLEA,V AND HEAT CONDITION FREE Of RL7i M AND VIA=. IAWNS SMNA. N ►TWT IN A MA M 1XNYDFTKIN. WAW. SIDnum AND PAY612YN5 $MILL DE EIIPI TRUE TO UNL AID cKat Am IN GOOD REPAIR. DRAINAOR DITCHES SKAU, IN KIIPT CUAN AND FRK M ANY MIA=. P. UNLESS MOUSE NOTED. AIL LANDSCAPING SINALDE IN ACCE)ADANCE /ITR T" MY OF TWT RCJGR CODE ATS, W -,WH 24-602 LNASCAi'RAI R10NUIYBimITS. N. ARCHITNCTURAL TRUTUSNT - BULLIIINGS 1, TU AkClMCTURAL YYIWOR MAURULS SHAM HR OF WOOD, TODD HRAILS, MASONRY / STUNT, TILT -UP COBE RM OR STUCCO. COLO3S AND =WKS MJ. HIR I�A T7U14L ANO RAYITI TORTS. ATL ROUP RGLNfAD PAIumv SHALL W PULLY SC$REPIEH TITS MATIIRIIL APPROVED EY THE PUILVRCG AND DEYRIOPMENI DVAETIIKNT W AS NOT TO NF V=u PREY WEST MN 001L. 0. OUTDOOR DISPLAY ARBA CRITERIA W9PLY OF TRIALS WAY OCCUR. SUBJECT TO THE POUDTCNG PhOvISIONS: 1. DLSPUY ARRA TILL NOT COII,T TOTAhW SATISFYING TRE :ANDXAPE L iOR PARIBNG ARIA RB(WQGLEITS. 2. DISPIAY A" blMU. BE ANCUJARY TO A PRIWMY DIMING. 9. TOTAL rrxw DISPLAYED SHALL NOT HE UMTfED. 4. 791 MAL BRIGHT OF DISPLAYED ITW SHALL NOT CACOW 6 FEET. 5. DISMAY ARCA SO" DOM TITTIML 10 PRAT OF TAP BUODINU CTR tiff" '.11 FIICID ABEL 6. LIGHTING NRF TNB DISPLAY AREA SHALL El UMPOID TO GROUND 18A'EL ULDITINO. 7. SIGNAGE IN THE DISPLAY AREA SRAU BF TONT® TO MODEL , PWJ1ELT F4MR8(9) OR Hubih {6), SHALL Noy B$ UGITYD. 6. IWLAYRD GOODS SU" BE FINISDRD PRODUCES 01Y ANT. NUT PARS/000ONEIIS OF A MOU PRODUCT. 0. DISPLAY AREAS SHAM K Mu IKW IN A TA® AND GRAFFITI Fl= COwrwx. 10. INTSRPRAAYNW OP TTDS DWIAY ARTA clam SHALL G AT THE DLSWTIOK OF THIN CITY'S DDtBCTOR OF PLANNING AND MIO.OrAINNT. 011.12: 2-11-62 OFV{SMW: 5-21-02 M 2 OF 3 ODP j�)je• 1 j P5. Y9 pIii!a9ti9s PRETMSfO CAP 5W U6Nr YAM PobaW MIL 901 61 OR/MM' WA w u. cww9A01 vows. M010RT cum 0, cu OR calx 11 -� 6 rP161f9[G VP SQ1L, UO1T IOO BONN MAC AW PKAT M1 �1�RAR 0A4AR. FNOSIED lNN01121 .1 -MM ALWMIUN !(pRIT ITT EMEy000 DRKx Da slow"T MW1 MIR fl." EQUAL G Ass NORTH ELEVATION - WEST 44TH AVENUE 1 -1'_D" PAAITED TODD AAAA MBE NDO B%w - PANIC FAINT WIT: MOV.. MR MO. NIw IEIII Br LASE100 .. OR W. 2 EAST ELEVATION CWON2E ANWZLO AIONAAI STWEEAONT SYS1N "N TINTED LASS 12 n SOUTH EINEVATION m1Av51TYJN 91NDES. NEROn COLIIP BY QX OR tMAL GRTER AND TO w101 MRL DD BAR. ,AwR - 15" AND PMOL PNFINM GA. 9001 on GUTTER AND 10 MICR M11 L2IQMGU9E AKA GREEN GODDM GARDEN CET* R PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CiTY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E112 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 3 FLOWER ® MD 190100 COWER ZONE R-3 w t1Y w I• T5' -RF IMOSCAPL APFfR AOfACCNT TO A -s ZONE WE5T 44th AVENUE EASIw: DAN. GUTTER AM ATIAMU SIDEWALK A 1 20 10 0 R •'-�� SIWT 11 91AIKYf r -, 1 ap i PVTAtE Wf - riZONE PRD I �f I I � r � O r! 1 NII r Ma r R STEL Poo AP I KNCE DATA 1 SII �' I 11' IBI0-1-I'll IBI:'E 11 1 ' I lit 11 U'{ +y B I 1 7111 ■ 1 1.903 S.M. 7.01 __ 'III �y 1 O �^ �� R Lou S.F. 6.71 YANKING AND DRlyn 7683 S.F. 80.9; "NJSCAPE 7,103 SF. 29.71 UVING 0,959 S.P. WAX OP TOT. I.S. WIN'-R2YING 1,1" SL V. 19.61 OF TOT. L6. (kr1'WOR DISPLAY AM 8.290 S.P. 2.6.11( INSID2 OF FENCE 3.695 S.F. /9.5% W TOT. O.D.A. OU'T'SIDE OF FENCK 800 S.P. 10.51 OM TOT. ODA. I low, LpffnW.KO LAP SOC LOOM Apopm CABS GRTER AND TO w101 MRL DD BAR. ,AwR - 15" AND PMOL PNFINM GA. 9001 on GUTTER AND 10 MICR M11 L2IQMGU9E AKA GREEN GODDM GARDEN CET* R PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CiTY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E112 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 3 FLOWER ® MD 190100 COWER ZONE R-3 w t1Y w I• T5' -RF IMOSCAPL APFfR AOfACCNT TO A -s ZONE WE5T 44th AVENUE EASIw: DAN. GUTTER AM ATIAMU SIDEWALK A 1 20 10 0 R •'-�� SIWT 11 91AIKYf r -, 1 ap i PVTAtE Wf - riZONE PRD I �f I I � r � O r! 1 NII r Ma r R STEL Poo AP I KNCE DATA PROPOUD Bt)RMNC 1.903 S.M. 7.01 FUTURE 9XPAWSION Lou S.F. 6.71 YANKING AND DRlyn 7683 S.F. 80.9; "NJSCAPE 7,103 SF. 29.71 UVING 0,959 S.P. WAX OP TOT. I.S. WIN'-R2YING 1,1" SL V. 19.61 OF TOT. L6. (kr1'WOR DISPLAY AM 8.290 S.P. 2.6.11( INSID2 OF FENCE 3.695 S.F. /9.5% W TOT. O.D.A. OU'T'SIDE OF FENCK 800 S.P. 10.51 OM TOT. ODA. "I WA (.07 ACW9 L4.69C S.F. 109.01 LANDSCAPE YATEf6A(L SCaEDUF A(ATEIIRW 9W.L W*R SW 40C. - RRawD KIRCNMM. SILL0 O'OW 96 Wal SNA 9 SEA GRRi11 A1MSR AAIKOOS CWfAr-'SEA "IN' ALOALG AN" ANOMIS SAW 'ITALY w0 1M: 000lJ00 COR" SRR AA BIT" ..M.1 ABR FIAil05 POImuANMA. 'awr AWRY PAN n6R Rau PDt10EAOSA w "" PONKI 1 1E"7 PJA PALMS CERAAERA wkwx dAX PALMS GTAiIRA LANDSCAPE NOTES ABREv- 512E WIANTITY SYWIL xo wlt i - r (� w s rx DD o SG S 6AL 17 94 �4 W S C& w w n RID S 9Y It, poi Y 1A1 a � t AP 6' rKm A A M� fP 6- IPCH a M r� At 7 AA 7 w 2 ALL LNOSCAPNO. PaUA4 RMI BOM M TK KN[ WIT OF MY, ANL M Lf 1AijoM V Ww7.WD MQLIWHK NECM*y' PA/rM6:. 7rrDMt: TtT ". AM COAMA AMD MMA"I fNI OF OEAO OR D4Ui.:. PL.W7 W111WS A WIgDAA1I(j 90�LhE Ml K AB61R1EAiT 10 ILLNE PTIOPEA CAgL O TIE tMOSOW M1GML5 Rl" fiA'AEA1k. SE 1E140PW AIC DAwAR 9411 lARpSCAP( MI YAIiIAM IIE REBAS OIKEN P15Reln lAE3 ARO NDAOAAr awR; ANO DD iIAS ALL A. oEwjois DR tDWIDIOUS 2RA&L w @I uA awhAlu APO COLORADO MRSLRY ON OMi IMT A10 SMAM prS SMALL r Bwcx MEO MTN I/3 M -9R SOL 1/s 70PSOl ANO R/3 OAI MOw W 14A K¢AOE A OK YEAR I!)LAlall711 AAIMAIIIY d 4L PLMALS ALL tAIOSGWL RUN ENE SORT IMAFEAE K Of SW7 AND URM wUgCIOC FILL DL LAID 11' IAa1T. ALL AILS SMALL K STAAID MTR K.E Ld7 wEIX sTP_ T MOsrs MD wm MM p2 GM4w10 law MAOL& CANVAS BEE STAMPS FOR A NO&W Or t EAM TIE C 4WRTA MT yA nKM •f POSTS AIM OLOR AAL' WRO s.SIF.i ALL GUY MES %"t BF WILD WHIN KOAESOIO LAK 12 -IA no43 LOM TIP, SAFErY. ALL NU SWCERS 94KL KXK A s' LAID If ADO 1AADR ALL 91bB AREAS S4LL AEOr?d A i aAVER Or AM (40 ;46W yNiR ALL A" AREAS SW L WRC A I' 1K4. N oWK MKp_GA VA14`TTELL S"'No' UNALL1' wwN wxw, NG SNEI, Ht Q. ML EOw4 SMIL 04RAP ATMIS A 1 NM% O 6 -MC ES ALL UWK 9011 i_ EASMO 110 A I&PAN 9 4 Pws.AD n SCCOL SET emw AEta OM 501. A.1 LrPOSCWE MEAS MOY2 MIN AWR OR SAff On SAL Pb%U K KAGD DTR EAlW LKN TANK UER ANAL BE 41RAIT FEET: FAmm NEN OR LOOM. Pw91ED ORAOAX N LAIOSCNE'LLME11 SWL K 1' LDIan DIU RE 11), D RQ 5uMMATiK ONE OT %.AS. TILS AND SOW 50ARL NO! K KANTCD MMB: A ILF' IA AMY L'IOEPwtQNL urcl, YAW 4, 1RSL;E Rti AND PO CFM IMP tl' f [I to ANY MiER 01 SAY LEC. ALL 14OSCAto MEAS SPMA HE IRRIGATED IFM AM MIIOwTC ka"amt,60 MrA%N S`Sxk / MRTgMi� CONTROLLER. ALL 11" EAD AWAS S1TAL K MATED fIM DNP Wor.1001 ZM 61 SOD MELS 91kl w IdIAIAOROIIFD ■M f f INTOWD POPV S731F11 Tli pp wo afm 8 lU M Al mw 101EEI K MER "TOT ISurAc O AE REIRIOUK PLANT WI[1M M EAYP SOIM.T Sllha BC 1[E� MID rgOr B011ESK MITA SE91EO', AAL STD[BA1AS AIAI wAL[W rS SrMLL MK IIDEwAA1C 9Q1E5 ruR INE P1.SiL1ENR O p DAr4R IAks TOR r4 LANDSCAPE 21411M40 MTM wITA11AnA M1 LANDSCAPE AREAS W -L KMW RIPUK FCN-ITTE S19OtP111 AID SR21 PREPMMlO. AS 9'EA:AD. SOL MENOWEN 5 FOR ALL SOC MCAS 9W L SE A 1A11YM CC LR11LL DOW YMDS PIAS OWAW 114ITET' F5A IQ fi SM1AK TEE:. MID N] r6 To 9 6 INTO m PN L 4c PFA 1.000 sONAAE fSE REF ACCID Ls A1C W AF Allo )0 A O►TN h f R, 6 /NOES INTO M 9L 1C,TPiAM{ Of.AMC W11EA5 A10Lt0C AfYO COPOSE SOW 11AAAS EA.T11 SOI: NOE-N1BK w1cs. snMOAM moss (EAOap,O IMT PAN DmmiDD OANN7), OR AOD/WAND "MANES. IOPSOI K N0. CVINSWU M KC[PfAETL tNW.Aw Wr1T. ApLL raw SSD SNALL K A am OTit KSl DRCL181E TOLAA41 sCEO -KA"E. N0: R[GSSAR, WAP 10 SR2E04 NO3AOC A1WII. 1NDY A. CN "MY. 0.4 NEE AND IF NM DIY am CATE: 2-1 1-02 REWSION: 5-21-02 /-R-02 r0-.-02 I EXHIBIT 2 -PCD PLAN Planning Commission WZ-15-04/Golabek 4 w ti EXHIBIT 3 - ZONING MAP Planning Commission WZ-15-04/Golabek EXHIBIT 4 — SITE PHOTOS* * Compliments of Google Street View Looking southeast across property with West 44th Avenue in foreground Planning Commission WZ-15-04/Golabek Looking south at Moore Street Looking east from Moore Street Planning Commission 12 WZ-15-04/Golabek DP bi--- IIS PS•47 Rei-Fi ba4499 +9--Ia-v� 9!m8:w I-70 FRONTAGE R0. ) ii I IBL / l F ZCD f 1 ,L E TUBE WIN SiFCt SOU.[ 1uMY I I U u 3 CLOUD IOP. St, 3' -0• Sri �_._�• 2 I W. 44TH AVENUE RLOY OIADE AND INTOYMY N `SITE " DA,[rNC PEM. NAL POSS. wa a 6C. SET I M SER POSTS AT MIL 6' DEPTH. OC. SET NIT ODIC FETE r F.0 CARD PAYEICN, I VICINITYP1 DATA PROPOSED RUILNNC1.Po3 S.R. 7.6% F7TURE EXPANSION 4666 6.7% PAUIINC AND DRIY6S 7,663 S.F.S.I. 30.9% LANDai:API 7,403 S.P- 29.7% UViNG 5,909 S.P. 80.4% OF IM LS. NON-LINN.R. C 1,444 S 19.6% OR TOT. LS ourDOOD "PLAY ARIA IS= S.F. 26.1% INSIT twe 6,383 $'I. N.6% OF TOT. O.D.A. OUL FENCE 866 S.F. 10.5% OF TOT. DILA. SAE ARL► (.67 ACRES) 24894 31. IDO.0% X.0' 1 I SYMBOL LAYOUT 101 10 SCAA b I I I el-BHOf2C ANOgI1D Po.il NM BAS[ ANT HEAD Ift TO PATCH �I !I 1 S" caw. SEA MYTH wwf. I SLOPE 10 ORM COuo o� Cr FM% S o-- Colorc'� *-61-m GREIN GODD % CAR. N CENTER PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., ' ITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO I SHEET I OF 3 LEGAL DESCRIPTION: 1 LOT 10 JAYLARHY SUBDIVISION COUNTY OF JEFFERSON. STATE OY CGLOA MW, EXCEPT ANY POWTION LYING InTRIN TO >M IMILLY 33 VIET AOIALINT TO 111E CRNTULAN1 OF 7iLT 44TH AVRNUE AS MONUYENTED BY THE CITY OF WHEAT RIDGE. COLDRAINF, PRUARED BY RUDO A ASSOCIATE".; ARCHITECTS 13050 T. 42r4 DRIVE SUITE YDO !HEAT RIDGE, CO. 00403 393-27Y-er69 FUTURA EN(;bs LNG INC. 12741 EAST CAL1Y AVENUE, SUITE 126 E'NGLEWOOD, CO. 60111 CONTACT: TOR RYAN 303-649-9292 303y O-9499 FAX 1 OWNER: [ISA AIELLO I IU590 If. 44th AVE, ; (HEATRUE, CO. W033 YAR A=WREC SOM .aur, irrtW Ai(/IT SIO! � I EP4-C6 (.awte) Qum A OUOE ON YNR A-.-�a� RFFIrcTVpiEO. yr+�.� UCoW 10 IILYDW AL AmicAw 24 SIZE POST. AT rOwl11 S&91 ( 70 TO COMHLTMYM CITY of V EAI RIDGE E4WA,06 MEw c ft AID GUY" im cohemINM 4-0- NDE SMOAK NW* ARE PATCH &.CK Y-0' Or E1stw AVhALT PAMHE ZONE R-3 ii I IBL / l F ZCD Ire 1 ,L E TUBE WIN SiFCt SOU.[ 1uMY •I SURSCRISED AND dEORN TO RYYORI ME 71ILS CLOUD IOP. St, 3' -0• Sri - '_ .. _ DAY Or 4tgd_4 &Ah?. -act I Yrra bS L•Y HAND AND OFFICIAL WAL RLOY OIADE AND INTOYMY "I " DA,[rNC PEM. NAL POSS. wa a 6C. SET I M SER POSTS AT MIL 6' DEPTH. OC. SET NIT ODIC FETE r F.0 CARD PAYEICN, I HANDICAP 51GN 24 SIZE POST. AT rOwl11 S&91 ( 70 TO COMHLTMYM CITY of V EAI RIDGE E4WA,06 MEw c ft AID GUY" im cohemINM 4-0- NDE SMOAK NW* ARE PATCH &.CK Y-0' Or E1stw AVhALT PAMHE ZONE R-3 GATE DETAIL STEEL CANS PANT f0 MATCH 61ADND ��--Y,tstrNr WALL. PANT 10 PITIlob g'I� MAICH DAY -DNC WL. } Y PEDESTRIAN LIGHT TRA5H ENGL05URE IGT FENCE FENCE ELEVATION cOMCCI NLw a" TO FJSIMC NMA. I �SRL GUS PMI TO MAT01 CALOR OF X.1115 OF - Y SO,D J CAP / PA, ON4 PNEu i oT 7 1. PRATE .MD PAM ALL LIEEL Y GsAT� ELEVATION EviiNt 1.w ruin" AMC ATTACHED 5"lKI, tL1EST 44th AVENUE ZONE PRO MEN 6' N4" sra F10ar FEwI: OI NE EAST Sloe mrr, EASDIENI NO PORTION OF TLIL PROPERTY IS LOCATED WITHIN THE 100 -YEAR PLAIN /' 'j ..S -ITE PIAN, _ DACN W+, SIG AQ, 01MORS w 7AAa lk DA DN4 9OTOFA 7It/ MATH S DART, 9Rhlf iC MATCH sIDN1TNaNI qlf (,-P'vNINE STRIP 91.1 k. SINTNEOL SI10 M IC D(k' --- J wr aAw Io wra wulF•c IAlwy 10 MICH r,4DN6's JASON. % YF. VIA (1'Ki SOC) MONUMENT SIGN 8 I/1' • V -D- MAXIMA. W)SIV- DIADEM "I TIDE Srhicwk MIN ./CII FANG' CO%P FOR MCABEP PROTECUJI OF tAN03ri .. W7MAL5 TENT S(kXRW 5,1.\1 YL ALK10 IIW Sul DW: IJO•ANSIOI OWNER CUMPICATWN TAS HEL01 SICMU oINRR. OR LRC1IlY WaGNATAD AGKN'1 TI daw, DO HEDRDY AGHIL THAT THE PROPUrY LEGALLY LWKKM WM N NILL RE DMOPED AS A ITANNED DEY►ILN'MATTT H1 ACCORDAN(T iITN THE Vsm, B1STR(CT10Ns AND cmr1ON5 CONTAINED IN THIS PUN. AND AS MAY OTMIISS A6 REQIILW BY LAN. I (WE) FURIHER R16C"N0 THAT THE APPRIVAL O4' RAA(RVING TO PUNNED DIVRIAPMENT, Oo1S NOT CkrATE A YM9L PEOPERTY RIGHT VESTED PhOAgirt, HICHT, MAY ONLY ARISE AND ACCiUE PURST)ANT TO THI PRO L,140i6 Of 51(,IJUN 26-121 (r' AMCLE I OP M MEAT MIDGE CODE OF LAWS. SICNATURi (FF' DINT)R(S) OR AGAMS): Ire 1 ,L NOTAkY Ptiwx SURSCRISED AND dEORN TO RYYORI ME 71ILS - '_ .. _ DAY Or 4tgd_4 &Ah?. -act Yrra bS L•Y HAND AND OFFICIAL WAL 4.4 DEW OR Sim f MOTAAY POSS. wa a 6C. SET I M SER POSTS AT MIL 6' POST N ,6'.Ye DEEP Owc FIG OC. SET NIT ODIC FETE r SNG PKAET I I I FENCE bl I ! 1 CNAIRMAIi PLINAYW AND DBVEL01 DLRiMR I CEDA.... - "91191 POE Excfi I SOC. OVKI 9L." NCMEIs GATE DETAIL STEEL CANS PANT f0 MATCH 61ADND ��--Y,tstrNr WALL. PANT 10 PITIlob g'I� MAICH DAY -DNC WL. } Y PEDESTRIAN LIGHT TRA5H ENGL05URE IGT FENCE FENCE ELEVATION cOMCCI NLw a" TO FJSIMC NMA. I �SRL GUS PMI TO MAT01 CALOR OF X.1115 OF - Y SO,D J CAP / PA, ON4 PNEu i oT 7 1. PRATE .MD PAM ALL LIEEL Y GsAT� ELEVATION EviiNt 1.w ruin" AMC ATTACHED 5"lKI, tL1EST 44th AVENUE ZONE PRO MEN 6' N4" sra F10ar FEwI: OI NE EAST Sloe mrr, EASDIENI NO PORTION OF TLIL PROPERTY IS LOCATED WITHIN THE 100 -YEAR PLAIN /' 'j ..S -ITE PIAN, _ DACN W+, SIG AQ, 01MORS w 7AAa lk DA DN4 9OTOFA 7It/ MATH S DART, 9Rhlf iC MATCH sIDN1TNaNI qlf (,-P'vNINE STRIP 91.1 k. SINTNEOL SI10 M IC D(k' --- J wr aAw Io wra wulF•c IAlwy 10 MICH r,4DN6's JASON. % YF. VIA (1'Ki SOC) MONUMENT SIGN 8 I/1' • V -D- MAXIMA. W)SIV- DIADEM "I TIDE Srhicwk MIN ./CII FANG' CO%P FOR MCABEP PROTECUJI OF tAN03ri .. W7MAL5 TENT S(kXRW 5,1.\1 YL ALK10 IIW Sul DW: IJO•ANSIOI OWNER CUMPICATWN TAS HEL01 SICMU oINRR. OR LRC1IlY WaGNATAD AGKN'1 TI daw, DO HEDRDY AGHIL THAT THE PROPUrY LEGALLY LWKKM WM N NILL RE DMOPED AS A ITANNED DEY►ILN'MATTT H1 ACCORDAN(T iITN THE Vsm, B1STR(CT10Ns AND cmr1ON5 CONTAINED IN THIS PUN. AND AS MAY OTMIISS A6 REQIILW BY LAN. I (WE) FURIHER R16C"N0 THAT THE APPRIVAL O4' RAA(RVING TO PUNNED DIVRIAPMENT, Oo1S NOT CkrATE A YM9L PEOPERTY RIGHT VESTED PhOAgirt, HICHT, MAY ONLY ARISE AND ACCiUE PURST)ANT TO THI PRO L,140i6 Of 51(,IJUN 26-121 (r' AMCLE I OP M MEAT MIDGE CODE OF LAWS. 1R CITY COUNCIL CM WCATION i�.,, w / I� APPROVeL THIS _._ DAY OF _ j6-. A92 wT THE; 'E CITY ('OUNC11 1 A CITY CLxu I% --- COUNTY EURK ANL UCORDM CYi WICATS -� TRL9 DQCL'MEW ACCEPTED FOIt FILING DI TRE DIME OF TRA CDUNTY 11 (URL AND UCCQJ= OF JE"USW ,,�,� ��I COUNTY. ATCOU&N, COWAADO, Ih ON SHA _1� DAY tA9#A9lf A.u. 6902, MIT THE DoOR �.�._• y�,4 RECF1TNrN FI SII Yr7J%98 " X� JAMITDN�- W1NTY CLAW QQAND RAICON))SL ---- ----- —.� yJR J MY: DEP(7TY QZKK (SEAL) (-Z �ARDETEAT 5TRUCTUf2E- SURYKYOR'S CER'TIiICATE: 1, JORXPM F. ASNUS, A RIGLSTERRD LAND SURMCQ U THE STMT DF COL.Okao. W HWWY C"WT THAT 1111t SURVEY DP THE CRUM GODDESS GARRER CINIIR AS DONE MY ME. X& WDE UMDEA MY SUPERYLNIO.N AND T•dAT THE ACCOMPAMYLYC RAP ACCURATELY AND PROPIMY SHOWS SAID SURVEY TMERAIM'. DATED 'fM'i6 1 F 1, 1o3EF'H i ASMI$ RAVY Nd LN WICATION OR IN99PEhNht SEAM FOR BASEMENTS RECORDED / UNRECOME D. ENUMMUIM.-IS. I&ST1O(TIVA CONYETIANIS, OINaSkI1P TITLE ((YIORNCE 09 ANY MR FACTS THAT LN ACCURATE AND CURRENT MU S1ARt:M WY D"4)ML EXHIBIT 2 Atl 1 nr I SICNATURi (FF' DINT)R(S) OR AGAMS): Ire -- NOTAkY Ptiwx SURSCRISED AND dEORN TO RYYORI ME 71ILS - '_ .. _ DAY Or 4tgd_4 &Ah?. -act Yrra bS L•Y HAND AND OFFICIAL WAL Rr Cmrssm, rYF1Rffi- o>-- MOTAAY MnKlr I PUNNING; COMMISSION CPJLTIPICATWN I\\ APPROVLD TES—��_ WY OPf� �^[ �� ZD02 "\ rY TIIE7w"I'IG C911MISSAON , 1 CNAIRMAIi PLINAYW AND DBVEL01 DLRiMR 1R CITY COUNCIL CM WCATION i�.,, w / I� APPROVeL THIS _._ DAY OF _ j6-. A92 wT THE; 'E CITY ('OUNC11 1 A CITY CLxu I% --- COUNTY EURK ANL UCORDM CYi WICATS -� TRL9 DQCL'MEW ACCEPTED FOIt FILING DI TRE DIME OF TRA CDUNTY 11 (URL AND UCCQJ= OF JE"USW ,,�,� ��I COUNTY. ATCOU&N, COWAADO, Ih ON SHA _1� DAY tA9#A9lf A.u. 6902, MIT THE DoOR �.�._• y�,4 RECF1TNrN FI SII Yr7J%98 " X� JAMITDN�- W1NTY CLAW QQAND RAICON))SL ---- ----- —.� yJR J MY: DEP(7TY QZKK (SEAL) (-Z �ARDETEAT 5TRUCTUf2E- SURYKYOR'S CER'TIiICATE: 1, JORXPM F. ASNUS, A RIGLSTERRD LAND SURMCQ U THE STMT DF COL.Okao. W HWWY C"WT THAT 1111t SURVEY DP THE CRUM GODDESS GARRER CINIIR AS DONE MY ME. X& WDE UMDEA MY SUPERYLNIO.N AND T•dAT THE ACCOMPAMYLYC RAP ACCURATELY AND PROPIMY SHOWS SAID SURVEY TMERAIM'. DATED 'fM'i6 1 F 1, 1o3EF'H i ASMI$ RAVY Nd LN WICATION OR IN99PEhNht SEAM FOR BASEMENTS RECORDED / UNRECOME D. ENUMMUIM.-IS. I&ST1O(TIVA CONYETIANIS, OINaSkI1P TITLE ((YIORNCE 09 ANY MR FACTS THAT LN ACCURATE AND CURRENT MU S1ARt:M WY D"4)ML EXHIBIT 2 Atl 1 nr I CLOP e L. IIs # Frloa�iyws A. OWNERSHIP / UNIFIED CONTROL STATEMENT: LSA C ATELD 9RAL. BB THE SINGLE OWNIOR.W ENTTPY. THEME IS NOT RTPURE OWNBYSRM' Lime FATWD. THE OTM. SNAIL MAWAIN CONTROL, TFIRMHOUP THE PLANNING, DEYRIDPIO RT, Ub6. ONUUTION AND CONTINURD MLIRENLHk'Y OF THIS OtYEIOPMFlN1' a. CHARACTER OF DEVELOPMENT STATNA(NNT: THIS DWRLOPYHNI' M PIACES THE SUSOKAI TEMPORARY STRUCTURE NOW UVM AND OPRUTED BY In GR►:N GOODISH CARDIOL CENTER, USA AIELLO. THIS DEVELOPMENT IS N CONTINUE THE SL43ONAL SALES OF PRODUCE. LANDSCAPE ITEMS AND RNIAM DECORAI'IYE MATERIALS UNDER THE CURRENT OINELBHID AND 111 A YEAR ROUND PUCE OF BUSINESS MOORE STMEL'T WILL BE IMPROVED TO CPPV STANDARDS, BUI WEST 44th AVENUE DOES NOT REQUW IMPROVEMENTS TO THE SNORTING SIDBWALY AND PAWING. STREET LUNDSCAPE Will BE ADDED, ALONG WITH SOLID FENCING AT THE SOVFH SIDE AND PART Of THIN RAS' SIDE OF 7%STPL THE FENCING AND LANDSCAPE VIL. SCREEN THIS SPR FROM THE ADJACENT PPSIDEM4L ZONING, THE OWNER VBL LANDSCAPE THE CORNm OF THE PROPERTY WITH .lCASGNAL PERRNHLLS OFF STREET PARAING LAND ID6DING, AS FENCED OItISWE SALES / DISPLAY AREA AND A NEW BUILDING WILL COMPIETR TSE SITE BIPROY1TIfENTS. THE BUILDING WILL BE PEDESTRIAN ORIENTED WTPH WL40OWS PACING THE STURM, A COVERED 1ALYWAY / DISPLAY AWG AND A TWMAY CONNWMG TO TRE E11STL`NG STREET SIUEVAU. TRH BUILDING MATERIALS CAN BE FOUND ON AWACKHT STRUC`fV` 5, ARE !KS'IDENTtAL IN NATURE! AND VSAM TO BRING A XWlKX SCAIF TO TIM ONE STORY PUUDLYG. TRE SOUIH SWM OF THE DIJIIDLNG IRR METAL WALL PANELS BECAUSS THL4 WILL UE TRE IOU'ANSION SIDE OF ITS BUILDING. C. DEVELOPMENT SCHEDULE THE CONSTRULTTON OF GRU N GOMISS GARDEN CENTER SOIL HE DEIYLDPED IN 1 SINGIB PHASIC AND SHALL START IN LATE FAIL OF 2005 AND SHALL BE COMMZITID IN TER SPRING OY 2W4. THE GARDAN CENTER IS CURNANTT.Y IN OPERATION AND ►IL bR PERMITTED TO CONTINUE UNE, THE SITE DRYIZOPMWNT COMMENCIS ACCONJUM TO THE DWYRIOPNIPT SCIImuix. D. PROPOSED USES: PZRWrM USES; ANIMAL VETCRLNARl' ROSPITALS 01 CLINICS WITH NO OUTRI R RUNS ANTIQUE MESS APPARLL AND ACCESSORY STORES An GALLERIES OR STUDIOS D.kXEMS, RETAIL BICYCLE STORES BLFPPRINTING. PHOTOSTATIC COPYING AND OTHER SIMHdII REPE!'DUCTION SERVICES BCWK bTORPS, NEWSSTANDS. STATIONBRY AND CARD STORES SUSHM;S MACHINE OR NIIPUIY•R STORES CAMERA AND FHOTOGRAPIDC SERVICE AND SUPPLY STORES CANDY, NUT AND CONFECTIONERY SLUILES COMMUNITY BUILDINGS DAIRY PRODUCTS STOW FLORAL SHOPS GARDEN SUPPLIES GDT, NOTCIT OR SOUYSNHR YTORFS GP,IBNWUM RETAIL INCLUDING THE SAIF Of SKASUNAL ITEMS HAIR NAD. AND C QUW SRRYICRS HARDWARE SlOkkS BOOST AND COAPT STORES I?n%WR DECORATION SHOPS JE'1RLRY STORKS LDCI,SMITH SHOPS MEAT, POULTRY OR SFJJ* D STORM MYJICAL AND DENTAL OYFICES, CLINK ON LADORATEWItS MUSIC STGDAB OFFICE SUPPLY S'1'OkNS OFFICES: GENEPV. ADMIKISTRATIM BUSLYYSS AND PHUFE4410NAL 017ICES OPTICAL STORES PAW AND WALLPAPER STORES PHARMACIES PICTURE FRAMING SHOPS 11110E keAUR SHOPS SHUN STORKS SPORN!NG GOOL: STORt5 MID110 FOR PROFE&STONAL WORK OR IIACIUNG OF ME ARTS, PHOTOGReHY. MUSIC. DRAMA OR DANCE 7TGJTYISWN. DMO. SMALL APPIJANCK REPAIR AND SERVICE SHOP TOY SSuuBS WATCH AND INVELRY REPAIR SHOPS GREEN GOMEZ GAMEN C€ NTIR PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 Or SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 3 VXvpmKs TO P'1IIZ1i rm USX% NO bUU STORAGE ALLOWEA OUTDOOR DISPLAY AREAS ARE P09ISTED AS MANYLVIm OM T71S MAH FOR THIS DI'A"17014 ONLY THY AMOUNT OF HULLOING SPACE UAVOTfO TO MAE USE IE LMHYD L,DOO SQUARE VERT THE FOUDMUiG USES ARY NOT PILRNIT W. ADULT khth)('AINMENT, A6110' BOOK 09 ANY SUUAUY OILUNM HUSIIIESS PAWN SHOPS OR PAWN RETAIL BLUNESJ NO DRINK -ILLS) NO OUTDOOR FIRRATW OR GUN RANGE SHALL BE PLIOUT ED. TE0RM USES: A TEMPORARY CONSTRUCTION TRAIEN FOR CONSTRUCTION OYYICES ANN PWt1H"f7ED. PROVIDED THAT LYLFISPRDCT,GN OWNS AND TAAI,BBS AM kh9HVtD ISOM lllE SITE PRWR 10 ISSUANCE OF A MaRrLVICATY. Of OCCUPANCY FOR THE BUILDING. E. SITE DATA TOTAL PROPERTY AND 24,601 S.F. 0.67 ACRE1a USE Id"IMIIM BUILDING COVEEAGR ml HAGMUM BUILDING BRIGHT 3.5 LUNAS('1PE COVERAGE - MUSEUM TOTAL LOT COVERAGE BY : fUUCTUIB, PAVING AND STOUGE 6O: O11fUIXOR DISPLAY AAW "on S.F. 21:.~X TOTAL NUMBER OF PARA K SPACES PROVIDED 17 4 2 IANLICA FFIED BUILDDJG HEIGHT 25 FEET A". PARKING: IMAM bnW PAIRING REQBIRRMYNTS MAIL ADEM IV THE VMT RIDGE CODE OF JAWS HRCIT'ON 20-501: ORF-,TIWJCNT PARING U*UTRRMWS. G. )'ENCES AND RETAINING HALLS: YBNCES AND WALls SHALL ADBKK TO TBR WHEAT HIDCE LODE OF LAWS SECTION U-603, FIINCES, WAILS AND OBSIRUCIIONS TO MY H. TRASH CONTAINERS(DUMPSTERS) PROVISION: TRASH hmii m SHALL. HIS MASONRY CONbTRUCTION TU A HuGHT OF W) FEE % MATEAL.IS BRING SUDIAR TO In MAIN BOUMAG, L BUILDING SETBACKS: MINIMUM FRONT YARD 00 FEET MINIMUM SIDE CORNICE LOT SO FEET MINIMUM SIDE YARD TIN TERNAL UST) 10 ERCT MINIMUM RUN YAM SETBACK 10 FRES PLUS 6 03"1- FOR EACH .UX)MONAL i'TONY ✓. LOT ACCESS YRNICCWN ACCESS WILL HE FROM MOORE STICKER. K. SIGNAGE UNLESS OTHRRNISE NOTED IN OTHER ARRAS OF TERSE REGULATIONS ALL 910MAGE SHALL HF; IN ACCORDANCE LTTE SECTION a-401 OF THE 1IIEAT RIDGE CODE Of LAWS. FRSi3bTMDW SIGNS ORE FRSM.knING SIGN IS PEM17KD PER STREET FIONTAGE IRU A CHANG.Rj X CCPY AREA FOR ADVM LSL14G SEASONAL H'FdiS ALLOWABLE SIGN AREA: 36 S.Y. PUTS I S.Y. FOR EACH ADDNTTOKAL 50 S.F. OF no" ARM OVER 1,501 S.F. kAXIMUM HEIGHT: 16 FEFT SIGN SLTBAL'K FROM AWACEiT PKOPXW?LRS, 10 VEEP FROM STREET SKIT -UF -LAY, 5 YFJSt YON SIGNS UNDER 7 FIST FIGO. 10 PRET YOF SINS 7 OR MOBS PEST HIGH MALL SIGNS ONE WALL SIGN IS PEHMITTED FOR THE SIDE OF THE BUILDING OWN PACES W. 4411 AVE. WITH ON WITHOUT CHANCKABL COPT' AREA FOR ADVERTISING SEASONAL Silt' rlWi ALLOWABLE WALL SIGN A IIA: I S.P. FOR EACH LINEAR FOOT OF THE SIDE OF 'Illi KIIDDiG PEMRWC E STANDARLS FOR SIGNS AV.. FXk=kNDING SIGHS SNA)L, HE PLACED WITHIN A LANDSCAPED AREA SIGN UGHTING SHALL BE INDIRECT OR INTERNAL ONLY PROHIBITED SIGNS: ANIMATED SIGNS. FLASHING SIGNS, RSYOLYING SIGNS, SSXRaI4';HTS, ROOF SIGNS, WHEELED ADVERTISING DEVICES, OFF -PREMISES SIGNS. PORTABLE SD;NS L. LIGHTING ALL EXTERIOR UGHnNC Emu DE Lt ACCORDANCE WITH THE WHAT RIDGE CODh 0? LAW:, SECTION 25-503 ILATERIOR LGMT'Iw. M. OPEN SPACE AND LANDSCAPING 1. TMt MINIMUM PARCRNTAU OY IAFILWCAM ARRA 511111 bA. 2V i 2. ADDITIONAL ON IDI LAN'DS'CAPING MAY OWUR AT OWXXk'S CSOP'E. S. TIM FOLLOWING MINIMUM 5124S APPLE' 19WRSYOL LA,X09APWG IS IEQtllw: DPA.7DUOU5 SNADR TRAINS 2' CALIPER XVSR6NUtN THM 6' RPLGW OSNaMPNFAL AND FLOW/NG TRW 2' CALIPER SHRUBS G GALDh CoRTAINEk 4. MAXIMUM AMOUNT OF NU WATER .`uNSUI"ON SOD )LI. t;I lnro..<.) SRALL fig N X Of LM7SCAPm 1114. 6. LANDSCAPkil ARRAS SHALL !?Y AS INDWATm ON APMWYn THE IANDSCAPE PIAN. S. LANDSCAPE AND GROUNDS MAIIAY.NANIX THE OWNIOt OF A ~9M. HIS hUCC"QW, REINS DH ASSIGNS SILL. OF RSSPORORLS I% THE PROPU MAINTENANCE OF ALL IANCSCAPEI AXEAS, SURACT W ATN APPROVED UWXAPE PLAN. SUCH ARIAS SHALL a DEEM TO IK UDN THE SOHJECT )%QPkATY AND TILT YU1:il0h OF ANY ADUCINT PUKK STUEF RIGS: OF WAY, FROM TIR PUtWK TY IMM TO 711E TRAY OF THE AWACSNT CORN. 7, LANDSCAPING SHILL HE COI TDNUOUSLY MNNCaD.kD bWLUDING 49CVS,' T TA'IOM IEYDINO, PRUNING, PEST CONTROL AN0 1KPLA47DWT DY DEAD 01 DIEM PLANT ►A'IEIWL IBPUCHYRNT OF DND OR WOORD PLANT MATERIAL SHAM Hl OF TRS SW Ok SDBEAR TITS AS SET FOKFIi ABOVE. BOWITIUTNNi.S QTN (YP.LTt TYPES OF PLANT MATERIAL MAY BE MADE GNLY WITH CM A. PNDYAL REPLACRIOINT :u.1, OCCUR IITSIN UNI QJWWIN+; SEASON. A GROUNDS SGML PE MADRAIRD IN A SAME, CLUE AND NLAT CONDITION FlM OF RUFIRSH AND VkU%. LAWNS SMAIL MI ►TOR' DI A 101104) "Din". &ADS. SIDSIALKS AND PAYKMXNTS SIL), HN CETT TRUE TO LINE AND GILDS LAND IN GWO REPAIR. DNAINA41 017CH7S SHALL Bi SIT CLEAN An FREE W ANY OBSTACLRS. D. UII6, OMUVL% NOM. ALL EARIISCAPM SMART. Di IN ACCORDANCE WITH TND CPIY OF TMYAT RGM:S CONS LAWS, SAKTTDN U-50.1 IANDSCAPCi; RIFNUlkfiuwT�. N. ARCHITECTURAL TREATMENT — BUILDINGS I THE AkMRkCTUkAL NXTkWR MAWIJLLS BMUL HE DP WOOD, look ll"', MASONRY ; STONE. ITIS -UP COM:RSTZ OR STUCCO. coWA3 AND TEMUS WILL It SUTURAL AND EARTH TONGS, ALL ROOM MGLTRTND NXI]PRLTRf SMALL 1% PULLY SCHERNRU WrrH MAMAL APPRNVEL NY TBR PIANLNING AND DEYSLOPWrC DCPARIYRAT b'0 AS NOT TO BE YOU FROM ASST 44th AVENUFL 0. OUTDOOR DISPLAY ARBA CRITlRIA DISPLAY OY PIIS MAY OCCUR, S WICT TO THE FOLLOWING PNOtiulONS: I. DISPLAY AREA MAUL %f)? COUNT TOWANLS SATLSnNG 111E :ANDWAPY L'UI/OR P"OvG ANSA usquaAmorm L. DIAPLAY ARILS SHALL IS LNCLLARY 70 A PRIMARY PUIUHNG. 5. 'IV AL ITIAIS DISPUYED SHALL NOT BE WITTED. 4. TMt TOTAL HtXfiT OF DWPLAYID ITEMS SHALL NOT UCRIW 6 #SRT. 5. "LAY LILA SMALL Dom ITTALN 10 FRET OF THE Bumm; t* wmo Tu FELNCID ARCA. S. LIQMNG (W To DI`ALl' AREA SMALL SIL LLMITME TO GROUND NEM LIGHTING. 7, SMNAU IN THE DISPLAY IRNA SML71. U: ILt M TO kOVEL , PWJRLT NA110(S) OR mullib (S), SHALL NOT NR LGH71"n 6, DWIAYED COORS MAU BE YINOMO PRODUCTS OLY AA7'• NUT PARTS/COMPONVN S OF A ru4ISM PRODUCT. B. DISPLAY TRW SSM Ht 1ILLL47AMM IN A I= AND GRA"m FVPZ CONDITION. LO W794PASTATkI N OF THIS DISPLAY ARYA CRITERIA SUIL, W AT THE DLSL' flW OF THE CITY$ DDRRLTOk Of PLANNING AND DPEWrVXNT. o;r: :-1I- 2 AIl9SA)N: 5-111-02 e -I" cc• 2 2 OF 3 L)oP 6ie. 1i8 F3.vq I �9�rga R)15r.f AWL 901 N OPLF NC NAi 5 SE. CW'09KA 901ES. 1400. arch w " OR (NAA 12 � � PRrw9E1 LAP smc, LwNT TAM rw IMM M.x NDD BOARD PRUE AND PAN TAR �. MCOFLM BRo. FROSTED ~..( A W2E1, XL444W P(MER Bi —fmOF" 011 SIOAfFAOMI VSK. MM WED E01A CF AS5 n NORTH ELEVATION - WEST 44T_ H AVENUE PREFWKD LAP %0 11011 TAN 11r = 1' -Lr PANIED VOW EARL 00 NOD BONA' - WANE us PART INR Mw1AM MP, "Imho FERE, BY LA1100w 0.MCO. PANTED WOOD )LAK WTE IDC BOND - FQWE - AND PART MlE W ULAR BR10T. FROM PCYREO dY LAKCEOW BRIO: (A EOOA a. EAST ELEVATION BROW1 AMMUD AuIMIN STCREFKNT StSTIM MM IN1E0 GLASS 12 1 Fi/I SOUTH ELEVATION COMPOSOYJN 4RN(AEi NCKORr PMEPOR WO LAN SOMG LMCON ACfWED AYNNW "I IM SITMEFM l M1FM ALN RN7E0 OA." S n WEST ELEVATION l 4 GU )ER MD TD NAION AWL G RAL Wit - IENLR AND PAINT m� ON. IOM, vw PRIFIN9N-D OTTER AMD LOAFSRWI 10 w1a ANLL COLOR GECOOM AREA GREEN WDDM GARDEN iENMR PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 3 KNL MN, fLDK1 BED AFD (AONL1 COMER ZONE R-3 W N 15'- r LADSCAPC Nffm APJAMT TO R -S ZONE WE5T 44th AVENUE E45TY4 OM. NATIER AND ATTACHED 96f1611F 1 I. _ 20._0. �200-- e�� 20 ]O 0 A) SANT 11RAW:,! P % 1p wvAa w.E j ZONE PRO Ty i I � J AP 1 ROf AP NEM f ,IDN SELL PQQT R1+Cf LANDSCAPE MATERIAL SC40LCE YATEWA! Ii1fAK.D 'i??Y „x Nw - W F.o P.KNANAI 1BAMEOO:AIb `SIFLiA C�OA,' 9AW45 SEA 6FNiA AKPLN AMCFYS CAOEAN"_ 'iA iEEM' d.Al AO ,LM'LC ANREAIS SAKI iisl':L� IaD TM: coarADD CO1Mh SAICEA RDS WMAI A9F lRA'0045 PO.NS'LAA Y A "5LiW r ANyR11M FNf PELA k41A hIENAJ6A NAE RADS FODEADSA ALr'0M, RYA MEMAS (ENA-1IRA AIIJMII NA1E FMNUS QXAiPIi.A LANDSCAPE N01ES ABREV. SIZE QUANTITY VAGM 'at' t_---3 Mrs _ r w s cA o SG 5 w 12 IQ(3 W S CX M 4 n NW 5w W EO+ ALL WWSGWWG. MD:A`K Null SOAR M TW K" 111017 OMT. 5NM1 s CcmuN1rA19Y YM17M L .L-&" WCET&AN)' lA W01W;, NRGIA, POP" PEST C40.kM AND AM KfWFtT O VEND ,Y1 D6GA, PLANT W7(11A5. A MANNNF I(L 9OEDILL WL BE 01MO A:FD TO W0AFE PROPER CAA: O 111 LANDSCAK MAMMAS THE WAUW.. SR IEIELOLR AND (MW 90.: LA109CAK MN W IAN NE ARRAS VETKEA P%DPtRtY Lf -s AND WAL14, OMBi AND p/IERL ALL RIS, OfOOL10LS t:>'. QW[R0K SILL w &:LED, BIRRANTL AND (41NADA NURSER, CROWN No AMY 944E RIS SNML K BF?r ILEO MM +/3 ON -911 SOL. 1/> 7OPSOR AAD RjS OMCMK "IRA PKAY A ONE YEAR REPLAti "' NfARRANIY ON ALL PLANT$ ALL LAFDYJH M7WN NE SOFT NAME OF Of SNELT AND DIVE N)kRSECNONS FML Q ISM 11' weal, ALL 11ELS 90.1. if SIAAAD MN W■ E -r7 0E0: SI[E: -r PFktT$ MMD FLRL MNN 012 GA. A Zib tri' ADQAOI 01NVA5 NCC STRAPS I% A al"M OF 1 1tAN 1T£ (O47RACTp1 NA', 5LflS01 lE Ir PM15 ATv '%" IIL- WAND SA51LA Au GUY ARTS VAA f -1W7P MFM FLOWW"I IME 12- N NOBS LILAC FOR SAFETY AL IRI WKEAS 9*1 NUM )- LA ER OF NDOO NDLOt ALL S^KI "4, SIAL REWA A LAYER Or AG?: OW ;MK UNEP Au SAINDB AREAS SWI NAME A I- W -N- N GANL NOL-OAYANLZD SHEL EDDAN'. b0tN 1 WWN XM4, NG SARI, Eiii. W E0OA6 SHALL OMILAP AT AANS9 A AENIM O 6i1CMES AL FDOFC 9FAL IF. FASfW% AM A W" M OF N MYi/io IF SECRON AL IDX G LE4EL NIM SL. Al LA QWFPE "NAS NCTV AIN RIO: OR ANN: IM F$ SPLA SWL AE KAQW ENO FAINK Wit rwK 1WR 9U" VE NNW) wa7, rAOK IKN ON EOAAL. F,A9EL1 QC4 L`4 M LAFDSU E. WLAO 6 SOU K V LURA 7MN OE 10, O " SN6AAApM CDI@ O' r kS BEES AND 90.745 STALL NOT K PLANTED ERA: 1 FEET 0 Mf :YDEFO+OIAi uxrf/ MML Qi Zola LAY AND W CLOSIA MAN W Rj/ TO mi SAW OR 4.+Ot LAE AL LJW%PMO MEAS WAJ 9E VA"KE) MM AN MFM" C LNDE%UnIpF D 0a;N%+ S'SLA / AIIDW IA. COA71MLL R NL OR& OD AREAS SILL VE AFCAOD MM DW A FKA401 ZpE ML :1W AREAS S1AL DC 01CAIED MM AN AUNIMAW POP u SMKM TIE alGAWI+ SYSTEM 5 ID AE AVJISED TO NEE'! M U& IEOL44MCNIS K IN OVAMOvA PLANT MATEMA IR WAa IER WAR(A 91 K 1EIFAED kW FEIN oW$rFC NNP UWAW". AL SDCRAMS AND 1MLf"6 4iALa NAME MXQAIE ELEEMES rCA INC PLATMf1F1 O 1M1,4AIKN 1lYS FOR TA LANDSCAPE VNIMUR 5VSZN NSTALLATARL MI LA1D"I AREA: Amu PECFNNE RYSOL (OM-STE SIWWIEF ND SOR Pm PAIATUN AS 9'EC{fD. %( AENOWAIS FOR 4LL SCC ACAS SNAL fl A MAAN Or t4RU O61L TAFQS MOE 01WMC NAI RCF WLR I,OW SWANE FELT, MD f, POMIS OF ORMIC AVE➢. PHOSPHATEPEA Lwo gO1ME FEE. Iwv ANT[AA$ Aw 10 K IUfO 70 A OPM O6 FD I NO(S N@ W SOL AC:EPTAW "w: W11LR5 NQW A= COEOSt WAD AIRAAS NRDA %%f; NON-TOEC TIRES. Y -w w NOSi Lfw-uwR; 1.1 THAN cam" OM(BF), OR A&WIRAWD MANLNLS. KIPSK 1S AOA CWSURED W ACUPIALLL IR: AM W MY NOL FOA SOD SMALL FE A WIN; OF III VEST ORfA011 )OLMANI YID AYAEA NE NO: KCJSSM, LUTED jr, SR2M U NAOAM)C AWN;• RVQII I CA O ES9r. FLED FW AAD O NEM Mr IIOA 1 DATA PROPOSED 81JIMNC 1.903 S.F. 7.65 FUTURE E%PANSION A* 5.F. 6.7% WINK AND DRIM 7,603 S. F. 30.91 ,ANt)SCAPE 7,403 SV. 26.7% GAie: 2-11-02 LIVING 0.959 S.F. 60.9% OF TOT. L.b. R[vYSAON: 5-21-12 NON-I191NG 1,44. S.Y. 18.61 OF TOT. LL A-1 02 (R/t•DOOR WSPIAI' ARTA 6,289 S.P. 26.1% 'D- uz OF PtIRS 5,665 Y.P. 49.5% Of TUT. 0 D.A. OLITSI OL'1'S1!!E OF FENCE 65, Y.F. 10.5x OY 7f/E. OD.A. 3 SITE AM (.57 AMS) 94.66/ &V 100.6% l EDF S CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ-15-04, an application filed by Slawomir Golabek for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) located at 10590 W. 44`h Avenue will be held in the City Council Chambers, Municipal Building located at 7500 West 29`h Avenue, Wheat Ridge, Colorado, on November 5, 2015 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. Legal Description: Lot 19 of Jaylarry Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, except any portion lying within the southerly 33 feet adjacent to the centerline of West 44`h Avenue as monumented by the City of Wheat Ridge, Colorado. Said parcel contains 24,894 square feet. a City of W heat j�idgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-04 Date of Planning Commission hearing: November 5, 2015 I Tammy Odean, Administrative Assistant, Community Development Department hereby certify that I mailed a total of 21 letters on October 20, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: 12� Date: /1 /S 42 WEST APARTMENTS LLC BRETZ CHRISTINE BURRIS CORY A BUECHNER 6244 W 72ND AVE 10465 W 44TH AVE SABINE C ARVADA CO 80003 WHEAT RIDGE CO 80033 10403 W 44TH AVE WHEAT RIDGE CO 80033 BYBEE DANIEL P 4340 NEWCOMBE ST WHEAT RIDGE CO 80033 FRUITDALE BAPTIST CHURCH 10555 W 44TH AVE WHEAT RIDGE CO 80033 ROSEL STEIN 44TH LLC 981 E COURTLAND PL HIGHLANDS RANCH CO 80126 HONEBEIN JERRY J 4350 NEWCOMBE ST WHEAT RIDGE CO 80033 MC NEAL PATRICIA SNIDER PATRICIA 10470 W 44TH PL A WHEAT RIDGE CO 80033 DUNLAP ROBERT W 32391 HORSESHOE DR EVERGREEN CO 80439 VITALE RAFFAELE VITALE FILOMENA M 3910 SIMMS CT WHEAT RIDGE CO 80033 GOLABEK SLAWOMIR 5745 S ANDES ST AURORA CO 80015 JONES JONATHAN R 10475 W 44TH AVE WHEAT RIDGE CO 80033 MCFARLIN CHRISTOPHER G MCFARLIN LINDA 29281 UPPER MOSS ROCK RD GOLDEN CO 80401 FREEMAN SUSAN E GRAZIER ELVORA M 10480 W 44TH PL WHEAT RIDGE CO 80033 SIMMONS LEE M 90427 TIMBERS RIDGE RD VALENTINE NE 69201 GRUMPY INVESTMENTS LLC SCHAFER BARRY W 3801 URBAN ST WHEAT RIDGE CO 80033 MARTINEZ BENITO Q MARTINEZ DEBBIE L 14369 W 69TH PL ARVADA CO 80004 MUELLER BERNIE L 1046 ZODO AVE ERIE CO 80516 MUELLER MARK C NEWGATE ASSOCIATES LTD OLSON LARRY G OLSON 9543 BRENTWOOD WAY B % BRC REAL ESTATE CORP SHARON K WESTMINSTER CO 80021 9331 COMMERCE CENTER ST 11556 W KENTUCKY DR Al LAKEWOOD CO 80226 HIGHLANDS RANCH CO 80129 City Of Wheat�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) October 20, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-04, an application filed by Slawomir Golabek for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use - Neighborhood (MU -N) located at 10590 West 44h Avenue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission November 5 2015 a, 7.00 u 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, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. www-ci.wheatridge.co.us Vicinity Map wz 1 soa.aoc 43RD P of 'VVheat�iclge POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 1, —,5—ze4 C-L�zx residing at (name) (address) as the applicant for Case No. /- J —,�?- /S-� hereby certify that I have posted the Notice of Public Hearing at 1,�2 5�Q 4 (location) on this 70 day of_ �� , 20 5 ,and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: cell / f _ NOTE: This form must be submitted at the pu c hearing on this case and wil a placed in the applicant's case file at the Community Development Department. MAP S> - City of Wh6ati ge PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Community Development Department. One sign must be posted per street frontage. In addition, the following requirements must be met: • The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. 0 Meredith Reckert From: Meredith Reckert Sent: Friday, September 18, 2015 4:42 PM To: sgelectriccolorado@gmail.com Subject: zone change Hi, Slawomir This email is in regard to your zone change request for property located at 10590 W. 44`h Avenue. On July 22, 2015, 1 sent you comments that were submitted from outside agencies and other city departments concerning your request but I have not heard anything back from you. Do you still want to move forward with the zone change? Please contact me when you have a chance so we can discuss a schedule. Thanks! Meredith City of "�Wh6atR,.jge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 July 22, 2015 Slawomir Golabeck 5745 S Andes Street Aurora, CO 80015 sgelectriccoloradona,mnai1. com Dear Mr. Golabeck: This letter is in regard to your request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use Neighborhood (MU -N) on property located at 10590 W. 44`h Avenue. Your request was sent out for referral and the following comments were received: Arvada Fire Protection District: See attached correspondence from Kevin Ferry dated July 14, 2015. Fruitdule Sanitation District: See attached correspondence from Bill Willis dated July 1, 2015. Valley Water District. See attached comments_ from Kathy Kadnuck dated July 1, 2015. Wheat Ridge Public Works: See attached comments from Dave Brossman dated July 1, 2015. Xcel Energy: See attached correspondence from Donna George dated July 15, 2015. Other items of note: 1. This case is scheduled for Planning Commission public hearing on September 3, 2015. Posting signs will be available for pick-up the week of August 17 and must be posted no later than August 20. 2. The zone change process includes a first and second reading in front of City Council. Using the zone change calendar standard schedule, these dates would be September 28, 2015, for the first reading and October 26, 2015 for the public hearing. If any of these dates are a problem, please let me know. If you have any questions, feel free to contact me at 303-235-2848 Sincerely, Meredith Reckert, AICP Senior Planner www.ei.wheatridge.co.us Fin pmteation Ds_,"W 903 Allison Way Arvada CO 80005 • 303-424-3012 - 303A32-7995 fax July 14, 2015 Ms. Meredith Reckert, Planner City of Wheat Ridge 7500 W 29`h Avenue Wheat Ridge, CO 80033 Re: Golabek-Rezone, COWR Project # WZ-15-04, AFPD Project # 15-231 D Ms. Reckert: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. 1. Fire protection service This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (AFPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak Street. 2. Future Development At this time the Fire District has no additional requirements for this case provided the site is not being modified. Further comments and Fire District requirements will be provided/identified once the applicant provides a development plan with details on site layout and proposed uses. Please contact me at (720) 398-0297 or via e-mail at kevin.ferry_narvadafire.com if you should have any questions or need further information. Sincerely, K Vv vL Perdu /S/ Kevin Ferry Fire Marshal 3. MARTI N / MARTI N CONSULTING EMOINEERO July 1, 2015 Meredith Reckert City of Wheat Ridge Community Development 7500 West 291h Avenue Wheat Ridge CO 80033 Email: mreckert@ci.wheatridge.co.us Re: WZ-15-04/Gobalek — 10590 W. 44`h Ave. — Fruitdale Sanitation District Dear Ms. Reckert: On behalf of the Fruitdale Sanitation District, Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated June 30th, 2015 concerning a request for approval of a zone change from planned commercial development to mixed use neighborhood. The District has no objection to the planned zone change. The subject lot at the address referenced above is entirely within the boundary and service area of the Fruitdale Sanitation District. Treatment of sewage generated within the Fruitdale Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Existing Sanitary Sewer Mainline Location The District has a 15" sanitary sewer mainline running west to east along W. 441 Ave. north of the subject lot. Existing service is provided for the property. If future development changes are planned, the District will require review of development plans for changes to the existing conditions. If any modifications to the interior plumbing of the existing parcel is scheduled or a new sanitary sewer connection or easements are planned, these modifications/improvements shall be reviewed according to the Rules and Regulations of Fruitdale Sanitation District. Costs All costs involved — reviews, extensions (if required), design, contract development, construction, testing, observation and inspections — are the responsibility of the Owner/Developer. Please be aware that all review and design fees are required in the form of a deposit in the advance of reviews and proper tap and development fees are required prior to connection to the District main. These fee amounts can be paid directly to the District Office prior to connection, payable to Fruitdale Sanitation District, which also collects Metro Wastewater's "connection fees". If you have any questions, please do not hesitate to contact us at (303) 431-6100. Sincerely, Bill Willis District Engineer MARTIN/MARTIN, Inc. Cc: Gary Charbonnier — Fruitdale Sanitation District 12499 West Colfax • Lakewood, Colorado 80215 • Telephone: 303-431-6100 • www.martinmartin.com Civil Department Fax: 303-431-4028 9 Structural Department Fax: 303-431-6866 9 Marketing Department Fax: 303-456-9923 Meredith Reckert From: v.waterdist_kathy@comcast.net Sent: Wednesday, July 01, 2015 9:45 AM To: Meredith Reckert Subject: Re: Zone change - Golabek Hi Meredith! The Valley Water District has no concerns with the proposed rezoning of the property located at 10590 W. 44th Avenue. The property is not currently served by the District, but water service is available to the property pursuant to all District and Denver Water rules and regulations. Please feel free to contact me with any further questions. Kathy Kadnuck Valley Water District 303-424-9661 From: "Meredith Reckert" <mreckert(aD-ci.wheatridge.co.us> To: "v waterdist kathy" <v.waterdist kathy(@-comcast.net> Sent: Tuesday, June 30, 2015 3:19:31 PM Subject: Zone change - Golabek Dear Kathy, The Wheat Ridge Community Development Department has received a request for approval of zone change from Planned Commercial Development (PCD) to Mixed Use Neighborhood (MU -N) at 10590 W. 44'h Avenue (Case No. WZ- 15-04/Golabek). Please download the application documents from the City's FTP site using the following credentials. The file is located in the "Community Development" folder, and the file name is Zone change - Golabek. Access the site at: ftp://ftr).ci.wheatridge.co.us/outbox/ User name: cowrftp Password: cowrftp20l2 Path: Community Development 4 Zone change - Golabek Comments are due by July 15, 2015; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader can be downloaded here: htto://oet.adobe.com/reader/ Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue City of --�9W heat R dge PrUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: July 1, 2015 SUBJECT: WZ-15-04/ Golabek, 10590 W. 44th Avenue Re -Zone I have completed my review for the request to rezone the property at 10590 W. 44`h Avenue Planned Commercial Development (PCD) to Mixed Use Neighborhood (MU -N) received on June 30, 2015, and I have the following comments: 1. It does not appear that the current rezoning proposal entails any site changes which could trigger traffic or drainage requirements. Therefore, Public Works has no comments at this time. To Mere - 10590 W44th Ave MU -N Re -Zone Ist Review.docx XcelEnergysm PUBLIC SERVICE COMPANY July 15, 2015 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Golabek Rezone, Case # WZ-15-04 Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.I.george@xcelenergy.com Public Service Company of Colorado (PSCo) has reviewed the request for the Golabek Rezone. Please be advised that PSCo has existing electric distribution facilities within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. If you have any questions about this referral response, please contact me at (303) 571- 3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado City of Wheat , dge- COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: June 30, 2015 Response Due: July 15, 2015 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use Neighborhood (MU -N) for property located at 10590 W. 44t�' Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-15-04/Golabek Request: The applicant is requesting a rezoning of the property at 10590 W. 44I" Avenue from Planned Commercial Development (PCD) to Mixed Use Neighborhood (MU -N). The existing zoning on the property allows for a variety of commercial land uses including garden centers, office and retail uses. Residential uses are not currently permitted. The property is 22,000 square feet in size and is currently vacant. The purpose of the rezone is to expand possible uses for the property, including mixed use with both a commercial and residential component. The zone change is the first step of the process for redevelopment of the site. Although there is no specific development scenario included with this referral, if approved and prior to construction of any new structures, a site development plan approval will be required. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Valley Water District Fruitdale Sanitation District Arvada Fire Protection District Centurylink AT&T Broadband Xcel Energy Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division "The Carnation City" Vicinity map "The Carnation City" City of W heatj�idge MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: June 16, 2015 Attending Staff: Meredith Reckert, Senior Planner Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29`h Avenue Wheat Ridge, CO 80033 Property Address: 10590 W. 44`h Avenue Property Owner(s): Slawomir Golabek 720-435-3031 sgelectriccolorado@gmai 1. com Property Owner(s) Present? Yes Applicant: Same Existing Zoning: Planned Commercial Development (PCD) Existing Comp. Plan: Neighborhood Commercial Corridor. Neighborhood Existing Site Conditions: The property is located at 10590 W. 44`h Avenue in the northwest quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which has a mix of residential and commercial uses. The property was rezoned from Agricultural -One (A-1) to PCD in 2001. The intent of the zone change was to develop the property into a garden center; however, other commercial uses including office, service and retail are allowed in the planned development as well. Properties to the west are zoned Residential -Three (R-3) and A-1. The property to the south is a multi- family residence zoned R-3. The property to the east is New Gate Apartments zoned Planned Residential Development (PRD). The two lots to the north are zoned Residential -Two (R-2) and A-1. The property zoned A-1 is a church. The other property is a residence. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39-211- 11-028 with a total area of 22,013 square feet. The property is part of the JayLarry Subdivision. The lot is currently vacant. The property has roughly 150' of frontage along W. 44`h Avenue and roughly 160' along Moore Street. Applicant/Owner Preliminary Proposal: www.ci.wheatridge.co.us '► he applicant, Slawomir Golabek, has requested to develop the site for residential townhomes. The applicant is proposing to rezone the property from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property by There were no attendees from the neighborhood. 0 U a C a� O Z Z :� w� 0.0 O •L � E E O •� U Z C C to 2 ^^ Q. E x o E � O C V C N Z R CD c > U� W J � a a �- O N a) C �Z L O ._ o CD Lp o 0 U a C a� O Z Z :� w� 0.0 O •L � E E O •� U Z C C to 2 ^^ Q. E x o E � O C V C N Z R wcn a ' L W J � a a V a NOTICE OF NEIGHBORHOOD INPUT MEETING Slawomir Golabek is proposing a Rezoning on property located at 10590 W 44th AVE. A neighborhood meeting will be held on June 16.2015 at 6 pm in the Second floor conference room WR Municipal Building 7500 W 29th AVE. The current zoning on the property is planned Commercial Development and allows offices and retail sales. The purpose of the request is to rezone to MU -N (mixed use neighborhood ) to expand uses on the property for development, including residential. The City of Wheat Ridge has adopted a requirement that prior to any application for the rezoning of property an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the administrative process by the Community Development Director and/or the public hearing in front of City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you submit written comments during the public notice period and/or attend the public hearing. The neighborhood meeting is an informal setting that provides an opportunity for you to understand the scope of the proposed project and the process for review. You will have the opportunity to speak with the applicant and city staff and to ask any question that you may have related to the project. If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29`x' Avenue Wheat Ridge, Colorado 80033 *NOTE TO APPLICANT* You MUST retype this form with all the correct information and submit to the Case Planner for review BEFORE mailing Applicants are encouraged to use their own letterhead Rev. 4/6/15 42 WEST APARTMENTS LLC 4301 NEWCOMBE STREET AIELLO PASQUAL D 6244 W 72ND AVE TRUST 700 HY VU DR ARVADA CO 80003 4301 NEWCOMBE ST EVERGREEN CO 80439 WHEAT RIDGE CO 80033 BARBARA M ROBB TRUST 10620 W 45TH AVE WHEAT RIDGE CO 80033 BURRIS CORY A BUECHNER SABINE C 10403 W 44TH AVE WHEAT RIDGE CO 80033 COLLETT ROBERT COLLETT MATTHEW M 3130 W DENVER PL DENVER CO 80211 DECON REAL ESTATE LLC 514 AMERICAS WAY 2169 BOX ELDER SD 57719 ERICKSON GENE ERICKSON CYNTHIA S ERICKSON NILS 2143 S PARFET DR LAKEWOOD CO 80227 FRUITDALE BAPTIST CHURCH 10555 W 44TH AVE WHEAT RIDGE CO 80033 FIELTEN RONALD J FIELTEN MARY ROSE 10231 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CT WHEAT RIDGE CO 80033 City of 9Wh6,at�idge CCOAAMUNiTY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: Applicant/Attendees: Attending Staff: Specific Site Location: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: March 26, 2015 Slawomir Golabek 720-435-3031 sgelectriccolorado@gmail.com Meredith Reckert, Senior Planner Sara White, Planner II Joshua Botts, Planner I 10590 W. 44`1' Avenue Planned Commercial Development (PCD) Neighborhood Commercial Corridor, Neighborhood The property is located at 10590 W. 40' Avenue in the northwest quadrant of the City. The site is zoned Planned Commercial Development (PCD) and is in an area which has a mix of residential and commercial uses. The property was rezoned from Agricultural -One (A-]) to PCD in 2001. The intent of the zone change was to develop the property into a garden center; however, other commercial uses including office, service and retail are allowed in the planned development as well. Properties to the west are zoned Residential -Three (R-3) and A-1. The property to the south is a multi -family residence zoned R-3. The property to the east is New Gate Apartments zoned Planned Residential Development (PRD). The two lots to the north are zoned Residential -Two (R-2) and A-1. The property zoned A-1 is a church. The other property is a residence. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39- 211-11-028 with a total area of 22,013 square feet. The property is part of the JayLarry Subdivision. The lot is currently vacant. The property has roughly 150' of frontage along W. 44`" Avenue and roughly 160' along Moore Street. Applicant/Owner Preliminary Proposal: The applicant, Slawomir Golabek, has requested to develop the site for residential townhomes. The applicant is proposing to rezone the property from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property by allowing both residential and commercial uses. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting is required prior to all zone change requests. Planning comments: The following items were discussed based on the proposal: Zoning The site is currently zoned Planned Commercial Development (PCD) which was approved in 2001. The approved development plans were intended to allow for construction of a garden center. The existing ODP does not allow residential uses. In order to allow residential construction, a zone change to Mixed Use -Neighborhood (MU -N) will be required. The Mixed Use -Neighborhood (MU -N) zone district is generally located along neighborhood main streets and allows for a limited range of neighborhood -serving commercial and retail uses. Unlike the Green Goddess PCD, however, the MU -N zone district also allows multi -family residences as a permitted primary use. In terms of permitted uses, MU -N zoning will provide more flexibility for the applicant and future tenants including the possibility for true mixed use. MU -C Development Standards While no specific development proposal is required to rezone to a mixed use zone district, new construction in MU -C requires compliance with the development standards in Article XI of Chapter 26. Mixed use zone districts have specific design requirements that address building placement, materials, transparency, parking, and open space requirements. For example: • Buildings are required to be located closer to the street (within 20 feet of the front property line). This is called the build -to area. • Building design must be of finished architectural quality with change in color, texture, and depth. • Primary building materials may include brick, stone, architectural pre -cast concrete, synthetic brick or masonry, hard coat stucco, integral textured colored concrete block, terra-cotta, and architectural metal panels. 2 For single use development, the open space requirement is 15%; for mixed use development, the open space requirement is reduced to 10%. Of this, 75% must be usable open space, such as courtyards or outdoor dining areas. Storm water detention areas may be counted toward usable open space if properly designed. Building height is permitted up to 4 stories (62 feet) for a single use building and up to 6 stories (90 feet) for a mixed use building. One item of note is that residential density is allowed at 21 units per acre. Based on the existing property size, ten residential units could be built. For a comprehensive review of the mixed use zone district and its development standards, please refer to the attached Municipal Code, Sections 26-1101 to 1119. Building Division comments: A representative of the building division was not present. The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014 Edition of the National Electrical Code and enforces the 2009-A117.1 ANSI Standard for Accessible and Usable Buildings in determining requirements related to building accessibility. Designs should conform to the requirements of these codes. Please refer to the Building Division's permit submittal checklist for additional information: hqp://www.ci.wheatridge.co.us/1068/Permit-Submittal-Infonmation. Questions related to the requirements of the International Fire Code should be directed to the appropriate fire district in which the property is located. Public Works comments: Public Works was not present and has no comments at this time. Zone change process: This request will require a zone change application. The zone change process can take about four months, and the first step in the process began with the pre -application meeting on March 26, 2015. The next step in the process is to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 -foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 -foot radius. A sample notification letter is attached and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. Meetings are typically held at City Hall. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed; planning staff will be present to describe the zone change process. After the neighborhood meeting is held, the applicant may submit a formal application for the zone change. An appointment with a planner is required to submit the application. The application must include a written justification of the requested zone change to MU -N. Please refer to the zone change 3 application checklist that is attached to this summary and was distributed at the pre -application meeting. After the application is submitted, a case manager will review it for content. If all submittal requirements have been met, the application will be sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to landowners within 300 feet, and posting signs on the property are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. Using the criteria in Section 26-112.1) of the Municipal Code, the case manager will prepare a staff report and make a recommendation to present at the Planning Commission public hearing. After the staff report is presented at the hearing, the applicant and members of the audience will be allowed to give testimony regarding the application. Generally, a decision for recommendation will be made at the end of the public hearing; sometimes a case will be continued to another hearing date for further study and input. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change requires two readings and must be approved by ordinance by the City Council. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance. Utility Providers: The City of Wheat Ridge is not a full-service city. include: The utility and service providers for this property These service districts are not correct — please modify • Valley Water, phone: 303-424-9661 • Fruitdale Sanitation, phone: 303-424-5467 Arvada Fire District All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. 4 Please be aware that the above comments are for general information purposes only. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision-making body (Community Development Director, Public Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate and information submitted. Attachments: Zone change application checklist, MU -N Zone District Phone Numbers Meredith Reckert — Senior Planner Sara White — Planner II Joshua Botts — Planner I 303-235-2848 303-235-2845 303-235-2849 5 NR City Of A Wh6atpclge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I (Print name) as (Position/Job Title) of/with (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for (Describe type of application) set for public hearing on 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(l), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. -OR- Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this Z Z day of ��„ p , 20/ City Of �-, WheatP4!jgle MMUWTY DEVELOPMENT Memorandum TO: Potential Land Use Applicants FROM: Ken Johnstone, Community Development Director DATE: October 16, 2012 SUBJECT: Notification of Surface Development (C.R.S. §31-23-215 and §24-65.5) In 2001, the Colorado Revised Statutes were amended to include an Article which addresses mineral rights in respect to land use applications. This Article states that any application for development must be accompanied by a completed notification to mineral estate owners. For the purposes of this requirement, an application for development includes any application which requires non -administrative approval from Planning Commission or City Council, including: • A Final Subdivision Plat • A Rezoning (including Planned Developments) • A Special Use Permit (if City Council approval is required) Building Permit applications are not considered an application for development, therefore mineral estate owners do not need to be noticed. A Certificate of Notice is attached, and must be completed and returned to the Community Development Department no later than ten (10) days prior to each public hearing. Both Planning Commission and City Council hearings must be noticed. It is the responsibility of the applicant, not the City, to notify any mineral estate owners prior to public hearing. Failure to notice will constitute sufficient grounds to reschedule the public hearing. If there are no mineral estate owners, the appropriate box on the certification can be checked and the certification can be submitted with the development application. CO VENANT5 1. Al) budJin1s a)tereJ or errected on any lot ir. this S46Jlvision sk,)l CoPlx with Jeffersow Co..ty Zoni..g a.,a 8...18i Ray.?afio.,s. 2. No shadl be errected or Per•.itted o„ —.1 )ot with a '3t—,.d f) -.r area, exe)..sive of Porches a..a �araJcs, )tss tAa., 500 sbuare Leet for 5i.,9)e sto.A str4ct..rec o,less tha.. 150 SE.Jre feet f•r .wv,lti- stogy atr.ctuK. The exterior fiwisl, sha)) be of t..aa.,+r�y,iralac/a -y standard afrreued exterior i'iniah afproued b.5 {AC subdiuiJtr. 3. No 6aaew,e-i., tent, sh4t-K,9a*aye or ►x,. ocher oLLtb..11di, 3Aa11 be cased os a residence except b� PcrMisaion of the subdivider, aid pat to exceed )% Mo..ths du.i.%j of fwr,.awent b.ai)Jintis. 4. An ease,..ent 5 feet wide i3 reserved a)ov.5 all rear a„ d side lot 11+;44 for wt0A{ i,.stallaiio., a„d ynai„te.,ance. 5. I,,validatio,. of aj one of these Corena,.{s by j1A3v-1C--C or CQ -'i Order s1a11 in eo wise effect 4-.A way the of)Aer Previsions, which shall rew'ai„ fu11 torte awd effect anti) Jay.uar, )) 1314. 6. NIB r,oxioi.s or oifcnsive trade or activity shall be COnJucted upon a..y )oi nor shall a,.hihin, be done thereoh which ,.,aj be or 6eco,ne a.. awn eya.,ee or i'iv,isance Lo the re �hbarAe«i. When Pub)1c sewers btco.,e auailabl¢, dwe)lin,Is thea —Jen Cowstr..cflen or subae9aert)y to be b..i)t ,.+.cat ,..a1Ce case there of . Pey,Ji„-s avail- 60"tb of sewers each dwal)inj ,N.+si Lase a sawitarj Jisfosa) i.3ste" of desin approved by tl.e State Board of Hea)ik, and correctly m-6W1ed as to be har,..ltas to ad_joinin3 prorevtits• 8. These Covera„ is rv.n with the land and shall bind a)) Parties and all Persons clain.in� ander they.. until Januar 1) 1371, at which ii,.,e shall be awio y.,ati Cally extended for stet essi ve ten- 1eiy ParieJs, 4„less be a Vote of the owners ei a ,waJority of clic lots said COYeNants are the„ Cha,.ytd ix who)t or in Part- ATTORNEY'5 CERTIFICATE I, TL-%. w , ah attorne�j-at-)aw d.ly licensed to Pracf;cc 6cio,e Co,,As oi reco.d of Cc)orade, do htreb�j ce,tify I.Aat 2 have exaw.ined the tiily of a)) lands herein, above dedicated axa show,, area the within p)at as a Public wad, and that VVe to suet. )ay.Js is in the dedi'catores) iree. and cloar of a)) )ions aKJ 1v,ca...branees txce 'It . that G.erta.vy_DeeJ of Trwet..r*r*xAeJ i', BoeK 692 Page 519 of the 7effersom Cow't� Records. Dated this 3061 dsy Dete." Ger 195,Eef , JAY LAfifiY SUBDIU1510N Bo-KJA—�a�¢. A Portion of the East -1 of Section 21 Town ship 3 South, Ra••,s a 69 West of the 06, P.M. Net s..ba.vidad t ucse 44 gve„.e ) E D I C A T 10 N _ K -Ow Ali Men By These P,'esenis : TAat I the "•Jersijnad Addie E. 0)5on hairy &a o—er of Ike )a.,d beyi,,,.i j ata foiht 95166 feet East of the ;Mose Vii` I 19 • Ce•.ter of Saciio. 21,76.nsAiP 3 Seth, Ra.,�e 69 West, thence North 602.5 _ I I feet fo the center of West. 49th AveM4e, ihe„ce 4Ie5t alon,9 the ee„ter of �• nlzs Saii West 44'` Avenue 391.6 feet, thence So«th 1271.3 feet t tlenc¢ ast lsys 391.6 feet, ,•.,ore or less, thence North Cb3 -feet Le iAe. poini of beji•yninj, /y �I 8 it Jefftrsor Coo.wty, Ce)o-ado, have ca✓.sed the sa,,,a to be )aiJ o1.t, 3 2 gW� 18 ' Sk6divided 4„d platted into )ois, slrcets and artm,,es I ,.Jer the ►+ai..e N of JAYLARRY Skbdirision as sho—m os, the accer,Panji„'j 'Maf and bj 9 WI 11 +n these Presents J. 3rant a..d courey to the Co.c..t.S of Jefferson, State of Colorado, in Siy.'r)e fee, for the use of fine Pkb)ic, a)) of the sheets a awl auenaes shown% o„ sail ,.,aP, Tn Wii-e” Where of 1 have here 4 a 16 t u.y.to iubscribai *+y i,anJ and Sea) fhi s 1llyglay oio�raat953 jrri. strop Ditch • a y Kat Pe't ei the! I 15 r StaLe of Colo+aao The a►...e and farc�oiw^y. y..ap Baa delicafeir ,. s s.ui✓.oi.. . Co. ly of Jelfira•.,J s i Sa bdirisiow was acl[no.led3 —541.05• to Ct..ia' S.c11rn ,ae u1514Ad4'-y of /9 $ b A M5 Cow„ni ss ion cxplres ifirc4 s ! 14 w r EIYGINEER'5 CERTIFICATE 1,IialP11 C. Bos¢) a fie red Profassio„o) ti,_Sinecr anJ J.+nd Swrrtyor I' n• 13 j State ei Co)arado de hereby ce►lify that the survey of JA(!Al'i�(S..bJiuision n I ae.e ; ,nada b5 WC ar,d uwJer ,.,� suPt•vlsioy. awd that this accos.Pan�iw� Plat C r skews sats s -6a1 vi s',eh . • Z I )207 b Ifo. �--- (ic�isicr.rd En�i..tcr a.J /.and S1crYd a J 11 "ver State of Colorado} Subseribad awJ Sworn hater¢ w e this t, ss • 8 !� Cour{5 ffc.se� of 7e �� My Go....'lasiow ¢nPires � ' i+10{a � Prb),t a 9 APPROVA LS ,o Coi.,,„iesi.h C? App. 6� the Jefferson C..-"4 Plan..i.,j t.h,Jwa,i&� of C'teK N -�f a/rywah SCCre Lary C` e ` h • Th( 4ere,oiN.3 plat Is apprtued for f0iN!J a..J Cen✓e8ance of the P' bWic wa-34, Toads a.A streets shown the.eon i5 accepted by the Cow..ty of 30faraon, Not S'Wi✓ided Co).rado, this-f—dan. of 95� s41Jtct to LAe fol)owi%3 Covaitiens: The Coa."i shall lewder{aKa the ,wintey,awce of a.y each Pubic way,read or street Scar¢ ! )()0,alter 4 Cenatradion of such was read ar street has beep saiiafactori iyX01 coa.p)eted bg the SubJivlJtrs. ; BOARD OF COUNTY COMMISSIONERS 'F Chair.wan I ClcrIC'3SIPWT.. , CLERff AND RECORDER5 CERTIFICATE Accepted for f%ling in the effice of the C)e0f and Recorder of Jefferson Counts at GoMe-A,Colorado this .5" dae( - lasi at/a:oo11.»7- C)CVK ins RCC �1Q i/cc 1 Fllo-Oil 99 Ia-(a-r>a 9�s8� CQuv of cS of Colorodc, 3l.om _ GREEN GODDESS GARDEN CENTER PLANNED COMMERCIAL DEVELOPMENT I-.70 rHGH MAGE HD. -� PRELIMINARY AND FINAL DEVELOPMENT -- AN OFFICIAL DEVELOPMENT PLAN IN THE C(TY OF WHEAT RIDGE, COLORADO _ �_. _ _ LOT 19, JAYLARRY SUBDIVISION F_A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, __— RANGE 69 WEST, WEST OF THE 6th P.M., — CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET I OF 3 rrLy NTH AVENUE_ [: N VICINITY PLAN TA 01(N6it CIRTIFICATION )POSED BUILDING 1,903 S.F. 7,e% TIRE MANSION 1.686 S.F. 6.7% 63NC AND ORIKS 703 61. 30.9, Dai;APE 7.403 S.F. 29.7% DYING 5,W9 S . 60.4% O'rTOT LS. ION-UY1NC 1,444 S.Y. 19.6% Of TOT. L.S. TWIR - " IAY AREA dZIP S . Y.1% NSJT E.NCE 5,563 S.Y. 69.5% OV TOT. D.DA LUL PENCE 6% S.Y. 10.51E OF TOT. O.D.A. i AREA (.97 ACRES) 24,694 S.Y. 100.071 1 1. '11 SYMBOL LAYOUT I Ya, w SGAAA — I I I -eNan2c AHDIAJ,D PosT wM 9ASr AIC HEAD FRN 10 uIw N� I I LEGAL DSSCRIPTNYN: LOT 10 JAYLARRY SUBDIVISION COUNTY OF NEFFNRSON, STATE OF COWRA00, EXCEPT ANY PORTION LYING WITHIN TIE SMIUKRLY 33 PNET AWA,.MT TO M CNNTNRUNE OF DYIT 44TH AVENUE AS MONUMENTED BY THE CFIY OP WHEAT RIDGE, C0IREADO. PREPARED DY RuDU A ASSOCUTP^_,' ARCHITECTS 13WU T. 4!rd DRIVE SURE 200 !HEAT RIDGE, CO. 60403 303-276-11801 FUTURA RNGINNEF:ING INC. AST 12741 EC:ALIY AVENUE, SUITE 120 INGLEWOOD. CO. 00111 CONTACT: TOY RYAN 303-641-9292 303--d4Y-9491 PAY OWNER: WA AIELIO 105" Y. 4411: AVE. MAI RIDGE, CO. 60033 YAR AMA W 9GN War ImIX-0. RW.ATORT Slat P4 -C6 (IODAW)'TEEM A MALE ON 021L AFFIECTI 111).. SEaiE TC 11ALNG A$ APPLK/4AE I ERS ./ t I MVAVZm SUE, 50.MRE TOR, Ml, QOYD TOR. 41 ]'-O' IAA w L EE,Or ORAD[ ANO alO WA 16- DA cow P", ,IAL oEP,N. r.a awA HANDICAP 5IGN J4 StEII. PUS TS AT msaw am. rout, SkFWIK ho ID OJI o[0�90IwLY UJE£TT 144th AVENIN COWKY wM OTY OF riAF Ow 9TA10A0' AER CORY AND GVTIEA WIN CCAIIrMTN]N i _e POE SIL W1 RLWIE MD PATCH RACY Y -O- OF EASINFG ASPIAI T PANNG 4.4 CFJYB C4 SILL 01(N6it CIRTIFICATION PO$15, YAl 0' Qt, SEI � ' 2.2 SIM POETS AT MAY V PAST N Is' v REP I OC S' Mq CM4C PEER UK PNA CONTAINED DA THIS PIAN. MU AS MAY OTIHTRIM 8E REOULi= BY LAM. I (IPE) F'Uffl'WR RdAGNIZI THAT TNF APPROVAL W REIOWNG TO PLANNED DNYNLOPWIlm. DOES 1 VIHWT RIDGE COOS OF LAWS. 5'47NATURF OF DghkXS) OR AGWTI'(S): I CEDAR I ,9 r POETS LfSA A) EUA) S" FTICI EAACA AM IS i CRATE DETAIL GA' [S PW TO WAONG Y CQNC 51A6 I11N WWF. SLOPE 10 OTAN I }}—LN1s0107 WALL. PANT 70 kia rAld1 BlIAORiG NAIL. ml id XT FENCE 3 FENCE ELEVATION ZONE R-3 ,v SND PKwT FOU CONNECT LER MMR TO IDSTNO W" I i—SIEE'. GATES PARI 70 / MICH COLOR OF HAUS Of -.- Y S,AD v CAP bAlONO ON 91 nA L _1.—KyA- PANELS T � mil PANE MID PAM ALL SKM 5 PED STRIAN LIGHT TRASH ENCLOSURE GATE ELEVATION 1/7"6 n. _ . O. 7 yr . ,.-,. ZONE N_ -,f NO PORTION OF TRE PROPERTY is LOCATED virdIN THE 100 -YEAR PLAIN ��SIT PIAN ," = 'r0' -D" . �2 8DD 1 !0 D 6 C 2O 1Acv uon SONACE. caADs �91ALL MATCH IPAC WORM ;NAL B: GARY 9YOr2F TO 1 YAICN SRNEf%Ni ) l ` `. C i-PPCiStEO SIRW SII E - STHTNEIC 1 100O 0 IN M D:>1T _ "F 01111110 WIO, MPiDDf MASONRY TO M101 @LgD"]iS - MASaRT • A Sr. Tom Im SA1r,) ( 1IONUMENT SIGN 8 1/4, • V -O- "u" ;A)S,7 WID(M 7.7FT TOY Srh C1Mk YIIN wit FA&W C.04TP'OF NCArr PRO7iCETON OF ,ANOSD°E MAIAA_5 TENT SWALIE SAALI IA RE9NC0 U11, 6UIW MAW" 'A ht r b u ZONE PRO 1EM V WI SrrA., AWT FENR- ON NIC EAST SIDE P' NUP 1ASEMEN7 GA N TENT STRUCTURE_ 9 hol IC. $DACE SURVKYO@'S CERTIFICAM 1, JOS;•N F. ASTMS, A REGISIYR ID Wi SURYEYOA IN TNF M&17 DY COLORADO, W IOLMY CARTRY THAT THE SL'NVRY OF DINE QW GODDESS GARDEN CERI'ER AS DONE AT ME, IIAS MAIN: UNDER MY SVPENVL410N AND THAT TRE AC,MWANYLYG NAP ACCURAMY AND PROPERLY SMOVS SAID SURVEY }}T,,IIENEOY. DATED 'IlfiS a 1 DAY00 _1L�y�.___---•21NA2 :ErJ6('ll F. Ai,MUA PLS '-',.11 _ ZE _•Z, rim . i, lOSErH 'e. ASAUS, NAYR.Aid6NlI16 L14YRSTICATION Ok MFPEhDEhT SEARCH FOR Lt.S"LEAEN% RECORDID / UNRECORDED. INCLMINRAM ES, RiSTW -TIME CONYWANi , JkNLRiUTP TITLE eVIDRNCS UD ANY MIR YAM' THAT AN ACCURATE AND CURRENT inn SEARCH MAY IN-tiCua DA,F: 2- Itivlsw.l: s - n T OF 2 01(N6it CIRTIFICATION THE BELOW FACE a OWNER. OR 1-111Y DASWNATAi, AGiPNT TYRRW. 00 RUNhy AURF'L THAT THE PTLOPARIY IASJILY DESCWR&D HiAION WILL BE DAVELOPED AS A FTANNNU OEYLLOPMENT I% ACCORRANCN NITN INN USE. MillUCITONS AND CONDITIONS CONTAINED DA THIS PIAN. MU AS MAY OTIHTRIM 8E REOULi= BY LAM. I (IPE) F'Uffl'WR RdAGNIZI THAT TNF APPROVAL W REIOWNG TO PLANNED DNYNLOPWIlm. DOES NOT CkPATT: A VE5TE0 PROKM WGhT. ViIIYD PUOkke', IHG11T`.+ MAL ONLY ARISE AND ACT.RTIE PUkSUANT TO TUE FR0t5I4)C OF SLCIHTN 26-121 (tT' AA7ICLE 1 01' I'NI VIHWT RIDGE COOS OF LAWS. 5'47NATURF OF DghkXS) OR AGWTI'(S): (' rr - - --- -- LfSA A) EUA) NOTAM PUIILIC '119S.TC'RISY0 AN& no" TO REFORA YE 71115 _.([..._DAY OY IiIi�A'✓. ZOO2 NFENESS UY HAhD AND OFFICIAL SEAL MY CIIYMI69W: NKPH44—2LLYL0+-- NOTAEY SO..L I PLANNIW COYN153LON CL"JCATRIN I 641r At PROVCD T::S—!Lr.-DAY OF 20)C NS Tr7Uwmc COMMISSION LTMIRA h PLAN' 'G ANO IMVELOP*W DLRiMk CITY COUNCIL CE> WICATION jw 'I APPRQVFD THIS �_.___ IMM 0Y!g`, 200: \ s 1Y THE 71 . 'E CITY C(NIN01. _ L �J� .__ l CRY CIYRN ---.Ak4 COUNTY CLERK AM RKCOMRS C1LPt.ViCATE '14 I% '11112 VOCUHEXT ACLTIPIM FOR FILING LM T71E OFFICE OF THE COUNTY C WRS AND WORM OF JEMRSON COEINTY. At COWEN, COVikAw -- I O.J 7H3 ICI_ _DAY OtE 'i1`14.r d.0. 206:, IN THE ) BOO. 1.I�'-_NY_N9_'Af9 RECEPTHM'S 714—__.. �•' Y:: -- — i►rregsoN'tDurrnCLEW AND RIcYltroRN— ar -�=�1edGel �- -_�_-- SSSS- •:.�; hi DEPUTY' CLEAT (SELL) GA N TENT STRUCTURE_ 9 hol IC. $DACE SURVKYO@'S CERTIFICAM 1, JOS;•N F. ASTMS, A REGISIYR ID Wi SURYEYOA IN TNF M&17 DY COLORADO, W IOLMY CARTRY THAT THE SL'NVRY OF DINE QW GODDESS GARDEN CERI'ER AS DONE AT ME, IIAS MAIN: UNDER MY SVPENVL410N AND THAT TRE AC,MWANYLYG NAP ACCURAMY AND PROPERLY SMOVS SAID SURVEY }}T,,IIENEOY. DATED 'IlfiS a 1 DAY00 _1L�y�.___---•21NA2 :ErJ6('ll F. Ai,MUA PLS '-',.11 _ ZE _•Z, rim . i, lOSErH 'e. ASAUS, NAYR.Aid6NlI16 L14YRSTICATION Ok MFPEhDEhT SEARCH FOR Lt.S"LEAEN% RECORDID / UNRECORDED. INCLMINRAM ES, RiSTW -TIME CONYWANi , JkNLRiUTP TITLE eVIDRNCS UD ANY MIR YAM' THAT AN ACCURATE AND CURRENT inn SEARCH MAY IN-tiCua DA,F: 2- Itivlsw.l: s - n T OF 2 00' 6k. I I a Vj. Ije t4eC:-W r-IraaO-1-T-T0 K. OPEN SPACE AND LANDSCAPING 1. TFFE MNIYGII PRBCINTAGR OF LAt4i7 -WXD ARRA 411111 bk W x. 2. ADDITIONAL ON LOT LAN'DSCAMNG WAY OCCUR AT GWNA•A'S CHOICE. S. THE FOLLOMG MINIMUM SUIS APPLY WIHIREVER LANOSI_CPNNC IS nWI) BU: UW,IDUOUS SHADY TYUM 2• CAUPER SYRIIIUCERN Tam 6' HELCA:, OSNaW'NTAL AND VLOVU7iG THAEi 2' CALIPER SIIRG85 L GABON CONTAINER 4. MAXIMUM AMOUNT OF RIGH WAIU :ONSUMP`M* MD (LY. filaI GRASS) SHALL BR 70 % Of LANDSCAPED AREA, 6. LLNDSCAPFD AUAS SULI. BE AS INDICATED ON AYFMUYM THE tANDS'CAP6 PIAN. 8. LANDSCAPE: AND GROUNDG YAINTIolkNiE: THE 17WN70N Of A PMOPITITY, HIS oUGCaM3.4UW' 111795 OR ASSIGNS SIAL. HP NRSI'OMIKH PTE TRE PROPER MAINTIWANC8 OF ALL LANL'SCAPED A:1AS, SUIUE(.'T TU AN InItOVED LANDSCAPE PIAS. SUCH ARIAS SILL HE DYKYEII TO INCLUDE THE SUHNECT 1'1401101 ALSO ThA'T PoRlioN OF ANY AUt= PUBLIC STRIAS RIGH', OF WAY. FRU► TdB PATTY LAI TO THE tUa OF In AWACENT CURB. ,. IANLSCAPFNG SELL. Bi COPTINUOTUSLY UlLM AHED INCLUDING !4RCED`SARY WATERING WERDING, PRUNLNG, PEST CONTROL AND REPLAC.BION'I OF OYAD OR DMIAM0 PLANT ItATVAI IL. MPLACRMW.T OF MAD OR OLYB,ISBD PLANT KATMAL 514111 B8 OF THA SAYE OR MOLAR TYPE AS SET FORTE ABOVE. SUR.41/TUTIONS WM CYPINK TYPES OF PIANS IIATWWAL MAY NF KOF ONLY WM CITY APPROVAL RCPIACOiINY Sh1L. OCCUR WITKIN OM GROWNG SEASON. 6. GROUNDS SUl EY MAIMANSD IN A SAFE, C"I AND NY -A7 CONDITION EHE£ OF RUTRWH AND WkU*S. LAWNS SHALL Bi: MO'T IN A MGNPD CONDITION. R:AADS, SINN I AM AND PAYRIRMfS SWILL 89 "PT TRUE To WINE: A111) &MADE AND IN 0013 REPAIR. DRA1NL49 DMTHES SILLU BI KIDT CIAAN A.h11 KW.K OP ANY oGSCAILYS. 9. UNLESS MWERWIS6 NOTED. All LANDSCAPING SHALL HE IK ACCORDANCE WITH THE QFY Of n-aT IMX3 CODE LAWS, SRLTLON Y4-502 LNDSCLOiNG RW4UM MAINTS. N. ARCUITAWTURAL TREATAIBNT - BUIIJJINGS 1 THE AkCIUTKMkAL EYII&OR WATj9QLS SAW1 HE OP 100, 110,011 RiLkiK MASONRY ! 3TONE, TILT -UP COIa:RE7'E OR STUCCO. COL)13 AND TLRTURWS WILL HE NATURAL AND EAMRI TONES. AU HOOF RGCN-eI, kYUIL'MKTTI' SMALL I% PULLY SCRSPIifiD WITH MATIHOAL APPROV2b Bl" TRU PWLYING AND DEVRIOPML":C GEII'ARTYENT 5J AS NIT: TU HE VISIBLE FRU WfiiC 44th AVRNLi. 0. OUTDOOR DISPLAY ARBA CRITARU DISPLAY OF GEMS WAY OCCUR, SGTJIKT TO THE FOLIAWIIG PROVISIONS: 1. DASPIA" ANSA VILL NOT COUNT TOWARDS SATWMG 1118 !MDWAK AND,/01 PIR1TNG AkM REQUIRiMGYTS. 1, DISPL'.Y ARRAS SHALLL, BE ANCIUAKY YO A PR"Y ROOM DW, 3. TOTAL ITRLS DISPLAYER SH;JL NOY BE 1.19M. 4. TRIS TOTAL HEIGHT OF DISPLAYED TTTMS SHAWL NUT UCBWI 6 MT. v. DISPIAY ARIA SHALL OCCUR W1T11N Lo FRRf OP TRE BUILDING ON WITRN Tu YEt4CED ARE0. 8. LIGM'11140 OF TIE 04 UY AREA SHALL FIR LMTI'ED TO GkOUNO IEVRL LOEI'NG. 7. SIGNAGE N THE DISPLAY AREA 59111 BE LMITRD TO MODKL , PNOiNCT NAMKS(s) OR KUWAR(S), SHAD .NOT BE UGIBD. B. DISPLAYED GOODS SHALL BE FI NIBRRD PRODUCCS ONLY ANT. NOT PA1TiS/00IPOSENTS OF A PNHSM PRODUCT. 9. DISPL4'.' AREAS SHAD HE MALYTANVAI N A WR® AND G.14"I17 FREE CONDITION. LA0 NTBRPRITA'YWN or TADS DLWL& AR"f.4 CRITSR A Eau. M AT TICE DLSt9t6RON OF THE CITY's 111%ECTUR OF PUNNING AND DEVEIDPMINT. OA1F.: 2-11 �2 AMSION: 5-71-02 G-1. D:- 2 OP 3 GREEN GODDESS GARDEN C;. NIEK PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIVISION A PARCEL OF LAND IN THE E`1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHELi 2 OF 3 BICEPTIONS TIO FEU MM USa: A. OWNERSHIP / UNIFIED CONTROL STATBAfENT: ND RULE kTOHAGE ALIDWED LIFA C. AIE i SRAU BE THE SINGLY OWNENTITY. THERE IS NOT FUTURE OWNBWSff OUTDOOR DISPLAY AURAS ARE PhkWMID AS UDENT 7YD ON TLS PIAN FOR TIM OPDotAT'ON ONLY ANTICIPATED. TBE OY'.iYB SHAIi. MAINTAIN CONTRN, THROUGHOUT THE PLANNING, THY AMOUNT OF RUIIDDiG SPACE UAVOTRO To EVIL USE IS 1L1ffED 4000 9Q1UNF YCY[ DEY11111'WNND T, UH. OPKIIATION ACONITNUKD YAIMKNANCR OF THIS DrVRLOPWWT B. CHARACTER OF DEVELOPA(WNT STATBMBNT: THE FIDUD NG UM LM NOT PM Mlr=: ADULT INTIRTAINYENT. ADULT NOOK OR ANY St7(UALLY U141IO4U BUSINESS THIS DBVUbPMRNI' REPLACES THHY. SEASONAL TFO'OMRY STRUCTUIEE NOW UWW AND ovai7ED BY THE OEM GODD:SS GARDEN CENTER, LISA AIELLO. PARI SHOPS OR PAIN RETAIL BU0Kb THIS DLI'BLOPMENT IS TO CONTINUE TBE SEASONAL SAIAS Of PRODUCE, LANDSCAPE ITW NO DRI31-1m, At(. RRLAT'EO DELORAI'IVE MAINRIALS UNDER TILE CURRENT URHERSW AND IN A YEAR ROUND NO OUTDOOR FLRIAHW OD GUN RANGE SDAII BR PEMIHTTED. PLACE OF BUSINESS. WOOER STEW WILL BE IMPROTED TO CTYY STANDARDSS, BUT ThST 44411 AVENUE DORS NOT TWORM USES: REQUMIE RFPROYEMMS TO THE Y.IOSITNG SIDSAALU AND PAVING. SIRW LANDSCAPE WILL A T'dMPOWY CONSTkUC1TON TRAILER FOR CO MTRUCTION OFFICES ARE PIRM rM- BY ADDED, ALONG WITH SOUK PRNCING AT THE SOUTH SM AND PART OF THE BAST SIDE Of PkOVIDKD THAT CGNSIRUCTION OFFICES AND TALILIKS ARE REMOVWD FM 341E SM THE SITE. THE y6NCING AND LANDSCAPE NU SCREEN THIS SITE FEW THE AD]AGNT PRIOR TO ISSUANCE OF A ChRTIFICEF, OF OCCUPANCY POE THE BUGLING. -S1 EM141 ZONING. THE OWNER WILL LANDSCAPE THE CORNER OF THE PYOPERTY WITH .x,ASGNAL PEREKKL IS. OFF STREET PIULNG AND LOADING, AS FENCED OUTSIDE SA185 I B. SITE DATA DISPLAY AREA AND A NEW BUILDING WILL CI11D4M THE SITE DLPROYBYEMS. TfftLL PROPERTY AREA 24,BDN S.Y. C.67 ACdB; THE BUILDING WBS, HE PEDESTRIAN ORIENTED WITH WINDOWS FACING THE STREETS. A COVERRU WALAWAY / DLSL'IAY AREA AND A WAIAWAY CONNECTING TO THE KUM% SFREXT USE SIUMALL, TWD! BUILDING ILLTEHYLS UN HE POUND ON AWACHNT STRUCTURES. ARE RC OYJIILIL HN NATURE. AND MEANT TO BRINGS A 9MALLMR SCALE TV TRIS ONE STORY Id"Tw M BUILDING COYEKAGR 3M. A' 2T. BUUIMNG. THE 50071 SNR OF THE RWI.DWG HAS METAL WAIL PANELS SECAUSI THIS VIL MA76MUH GUIDING BRIGHT COVKNAGP - ACLIIMGTI BY 1kE 6'>PANSlGN SIDS OF TUR BUILDING. TOTAL LOT COVKRAQ BY bMUCTUES. PAYING AND STORAGE 80:{ TOTAL C. DNYBLOPNNNT SCHEDULE OUTDOWEAL x NSi uY ARYA 177. + R.P. LAPP TOTAL NI1MDEk OF PAK1'NG SPACE PROVIDED 17 N I1,WGICAPPRD TRY CONSTHU4.IION OF GRkM GODDESS GARDEN CENTER 8RA1L BE DEVELOPED IN A SNGU BUILDING HEIGHT 26 FEET PRASE AND 511111. START N UTE PALL OF 203 AND SKLU BE COMPIF'IED IN THE SPWG F. PARMNG: OF 2004. TEL,GARDb'N CENTER IS CURRENTLY IN OPKRATION AND FUl. B8 PERLLTTTED TO CONTNUR UNTIL THE SITE. DEVECDPMBM CIHLMIUNCBS ACCORDING TO THE DEVELOPMENT JFF STRB6T PARING RQU1REYF.TTCS WILL ADHERE 10 THR WYRAT RIDGR SCHEDULE. CODE OF LAWS SBCf1UN 26-501; OtT-STREET PAIUMG REQURCIMEN'I'S. G. FENCES AND RETAINING MALLS. D. PROPOSED USE'S: PERCES AND WAILS SHALL ADHERE: 10 1" WHEAT RIDGE CODE OF LAWS SM ION 26-4OT, Tgmwm U) USES: FENCES, WALLS AND OBYIRUCEIONS TO VIEW Ax:MAL vtr12BINAli1' HOSPITALS OR CLINICS WTIII No otrIBL1;R sUris H. TRASH CONTAINERS (DUIfPSTERS) PROVISION: AN114ju STORMS (BASE ENCLOSURE Sail 1% MASONRY CONSTRUCTION TO A MLOGHT OF W) FIXE' YATELOALS APPAREL AND ACCESSORY STORES BNINC 81" TO LINE MAN BUILDING. ANT G4111RILS ON STUDIOS L BUILDING SBTBACAS: RkURIES, RETAIL WNWUM FRONT YARD SO VERT BICYCLE STORES 1HNWUM SIDE CORNER LCT SO MI MINIMUM SIDE YARD tIlInLM) 10 F'ECf BL(:&RIMING, PRJTOSTATIC COPYING AND OTUEH SIWILAE MN04UY SUR YARD Sh'1'R4ICAl AC► 10 F81T PLAYS D 'EFTS FOR MQ-11'DUC170N SERVICES FACII AWITION.AL 51VRY SOOK STOWS, NEWSSTANDS. STA'1LONBRY AND CARD SCORES j, LOT ACCESS BUSINESS MACHINE OR CVMPVFa STOW VEWCCIAA ACCESS WW, HE YHOM WOORE STO16'I. CA02A AND PHOTOGRAPHIC SUVICE AND SUPPLY STORES K. SIGNAGE CANDY, NUT AND CON'FEMONERY STORES UNLESS OTHERWISE NOTED IN OTW ARRAS OF THESE REGULATIONS ALL bi,.;m E ,Hiu,L BE. CohWUNITT BUILDINGS N ACCORDANCE WTTH SECTION LI -401 OF THE WHEAT RIDGE CODE OF LAWd. DAIRY PRODUCTS STORES FRMTANDM SIGNS FLORAL SHOPS ONE FRUNT.WOING SIGN LS PERWTTED PER SIREK FWONTAGE VIM A CHANGR7JUR COPY GARDEN SUPPLIES AREA FOR ADV'BMISLYG SEASONAL NEMS AVOWABLE SIGN AREA: O5 S.F. PUIS 1 S.P. FOR EACH ADDITIONAL 60 S.Y. OF FLOOR 'ARM GIFT. NOYELTT ON SOUYRIAIH b70BES OCER 1.501 E.F. GREENaWUES, KnAlL NCLUDIIG THE SAL: OF SEASONAL REPS MATMIIIFI HEIGHT: 15 FEET HAIR NAIL AND CObILIT1C SIRVICRS SIGN SETBACK YkOM AWICRNT PROpXE'jVN, 10 FM PROM STREET RICHT-UF-WAY, 5 FEET HARDWARE MOW FOR SIGNS UNDER 7 FB6T HIGH, 10 PEST YOE SIGHS 7 OR MORA FbSI HIGH BOBBY AND CRAFT STORES TAIL. SIGNS I17EIUOR DECORATION SHOPS ONE WAIL SIGN IS PENfRTF.D FOR TBE EIDE OF TBR UGILDING WHICH FACES W. 44th AVE. MILEY STORES WITH OR WITHOUT CILWCKUU CGPI' ARCA FOR AUVKRTISNC SEASONAL SAIL PREYS ALLOWABLE WALL SIGN AREA: 4 S.F. FOR EACH LINEAR POOT OF THE SIDE OF T" BUIL 114 LOC!►SMITH SHOPS MEAT, PDVL79Y OR SFAFI100 61DW PKMRMMCE STAM"N FOR SIGNS MEDICAL AND DENTAL OYFICSS, CLINK' OR LABORATDWES ALL FRKESTAADNG SIGNS SHAD. BE PLACLD WITHIN A LANDSCAPED AREA MUSIC STORES SIGN UGEIING SHALL BE LNLNRSLT OR Dil'fD M ONLY OFFICE SUPPLY STORES PROItIHIM 7GNS: ANU4ATED SHINS. FI SWNG SIGNS, REVOLVING SIGNS, 3RUt(314117E, ROOF SIGNS, THEM ADVERTISING DF.YIC'ES, OFF -PREMISES SIGNS. PORTABiA b%NS OYPLCILS'. GENERAL ADMINISIHATIM BUSINESS AND FINA 710.NAL OFFICES L. LIGHTING OPTICAL STORES AU MYTYRIOR UGHTINC SHAH by, IN AC':ORIIANCE WITH THE WHEAT RIDGE CCD* OF LAW: ow 6--' 1 i8 ij'. yg PRfi)69Q0 LAP 560 LIGHT TAF -KYASD'l WALL9MI 14 OPUwf ALMA W ST. cO1POMRQI SRMeAES. Holm COLCH 0Y LLIR OR EQUAL 12 - Z f - 4 rPKRwSKL LM SO". LIGHT ■" IRr. AI.IE ,OO DOAND PINI¢ AMD PARI NR "RAEXM ORO FROSTED �WAOM(E AMDOIEED ALwIANI Pjwrj# eY LAAEADDD eRKA OR `IDFLr"T SISRM U M W,TEO AIS Ealk NORTH ELEVATION -WEST 44TH AVENUE PAAVIFD VIOX TRILL "if MDC P.IAK: - WWE Ad - PART Mr, MfDIaa mcA "mrfa- FEMRR 01 LAKEWOOD .. OR EQAAI PANTED WOOD If W. MITE MRC BOAR - HbAI _ AD PARIF MIR WEALAN BRIO'. FROSTED KNIER 3Y ;A411000 allow CA EWA, .w by LAAENODD BOOL OR LWAL 2 EAST ELEVATION EATTAIR ANWIED NUMMN 11141[0 QA55 12 �_ Ti 111I?ITT.- A DLRI& AND TD "ICH gNE 70 TRRE NER - IVOR AND PANT IPKF04M TIAL mt PAFEE `W w PIIMOKRED 0.N, DDDR SISIEW. ,1000E UW NEAR WITE t SOUTH ELEVATION C'OW'ONRW SANOES. MEKMMY PKFkWo LAP SIMNC LWWt ANFO17E0 AUWNIW L"I IAT SIM FROII SKRAL rIM MLD a ASS `n WEST ELEVATION \4 A. - F -d MAIRS"cuing la LO*OWI ro AMIW MAO COLON OEEMRQ s( AREA GREEN GODDESS GARDEN CENTER PLANNED COMMERCIAL DEVELOPMENT PRELIMINARY AND FINAL DEVELOPMENT AN OFFICIAL DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO LOT 19, JAYLARRY SUBDIV!SION A PARCEL OF LAND IN THE E1/2 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST, WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 3 KIDAMA FE01CA BED ARD VOW W" I I GI I. ZONE R--3 15IAAA)SCN't. IAFFfR ApN4EMl TO 1 R-3 ZONE IJE5T 44th AVENUE E4511or OMB. TARIBR AW ATTACWO SOYAIA PEEtWAA. �(. MNASD COO 7 �SOD - ISWTMAkWi r— �9GMt �_— ` 7cE17STCIG ml TD YUe1WFl111iN-� �y}aa1��j. IMA110E C 1.- w ALRn0, HAFI'Lf1C411O1 1jT (, + � MpE van-- 52 wAKR I�MOIAAEMT SCK I 45&wFAY 1 K"T LOCAVA y, - ; QITIAA61 0.9.A, AVILAut MILL OILY I iH pp MWw71i 9OR % / — ___ _ (7'�Mp 1 WYA �E cw I WERAI - SLOPC JP 3:1 ,I (5!e a FDGF—_- - MwuA ftAejw+w I ZONE PRD N — — s 1.--T- PMMYiG _ Al y AD AWINALI PAAMC T_`1 wT TR01ciEM1� i L I 6 �W'-- WIUMAt DC'PLAt All' � I AP RDD( —_—� ( FURIIRE C.NALS1oR1 AP TO I( (14 DTEHL SU*f1OEN1 ` 1,161 By, TO 1ACAI 11 PEDESIRNLI 1111)0( AAO rl(El eARREI 1NAF1l: NCM S l—w 1 2'-0' OAC SILL PD Fi / TRRAYE 01A114=_� K' i m'Q 1 IS RIO l IAAD . 1 f Y WW DCPTN `NTS e' NTN Y.AD FEIrt2 ZONE R— 3 LANDSCAPE SIE PLAN I m ID 0 K DATA PROPOSED MANG 1.903 S.M. 7.6% FUNRE EXPANS60 T.666 S.P. d,7% -_ YAE(AING AND DRIVES 7,1111] 90.07. I.F.S-F0.1 ieNI)SCAPE 1,105 . 28:11% UY1NG 5159 S.P65 OP TOT. LS. NON-11MG 1.444 S.F.. 19.6% OF TOT. LS.' otQ'DOOR DISPIAY RREA 6,290 S.P. 25.1% IKSLD"e OF FENCE 5,565 9.P. 69.5% OF TOT. O.D.A. OUTSIDE OF FENCE 656 SJ. WE% ON TOT. 0-D.1 SrE AREA (.57 ACRES( 24.595 S.P. 100.0% LANDSCAPE MATERIAL SC+40M MATERIAL ABKV. SIZE OUANTIN STMBfN. {%AICD (EY$R SW YA "A - RDNO 40:t i - Y PEREM6K 5TI:LA o'aA IiRW1" MAra1 60 GAL Dc WJMWL'AJ6 VRIA VOW so" SEA (Ae ft ARPVEN % 5 OAl 12 SP AM►EAUS CMIEA A' •aA „ax' duFFAt4 A.MKR Y, S (TIE 52 L. 0ARWFJ" vel 'PJ G4 0* RRD Tr: tw1jo.` COWAA SRRII xTD 5 LAL IV RID* SLA"! ASN SA Y M« 3 1" F iRAMAS PDaW'.T.YMI;.L ';aAR.E {, AMTIRIARL PYO M 5 RRLN A N I' "&A AARA pcV%XROSA PIAK W f' 11m 3 PO PNOS PS"GOSA •' F4►',11 FLm (Y1MAi3 (f,YA;yfRA Ii I' R14. 3 M �r AUiRW14 OMLE AD +- rM NRIWiG ORAiERA LANDSCAPE NOTES ALI LMAISCOW, A4LL9'AA, :Wtl SOW M PK NRAK' IEO11 IF Ml, A W tlE lV1Y►WAA.] R RARE." V4D-"RG WCETW1' MAMRYIG, WFIDO . MNW. REST CUIRM AIM KAJILEMLNT CF DEAD CO DMAA. KMT WAXMAMS A WWIL"IEE SOEDw2 WILL It AWW",n 10 r`ANE "A CADL OF TK 1ARDSCAK R TLOALS DE PNAi:O/u. SITE ItHLOI'ER ANI; OAR S1 LANDSCAPE AW) M TM THE /RFA: OTVELM KAYLTt Ir ILL: Atl RCADAIAi DIOeS AND cul`% i AG TELLS a"NKILis �R CIAKERWS %"`-' 10 BALD, K*'AIv ED AD COLIAAOA AABSLRr GROW Wt AID SAW* AIS STAR OE UILY r1 LEC MM 1(3 cu -SK SW IJV TOPS% AW Ij3 DRCAW MAMA IAC,,IE A ONE IEAR IRKAEAILY! AA"11, 0. ALL PLANTS AL LANEIVA'E IIINLY Tit SIDtT WNW OF DIE SiRU AMD DNK &ELIM0"S IAL: LR WDCR 14• (RANT. ALL SM AILS ALL IxSTAOU Aln W N f, FT a*v IDE_ 'F 1'Q.TS AID wis riM 412w TAI." ;l"004 CAWVAS TREE STRAPS FOR A W NIS O 1 YEAR Of COIIRACWR MAY SA3SRNIR 'I' P05TS API TA:v; 4:• WTSRO 51)'lta AL!. GUY ""SSMA1 K 4AWD "M FLWSWMI IAK 17-M ")&S LMG TOR WEtr ALL DYE SA C%RS S AL PiCOV A Y LATER OF WOOD MODI, ALL SWM "IL SW L REV06 A i LATER Ot QV.1 OVER FAtW LREP. ALL *1" A4YAS SW l MAH A 1 wa, a CA" MFM-^w4YAlY37r SSL EOON1; "SCALL' SMIf ODr( M"r AV: SAFETY DAR. AL f00wc 91A1: OLI3RAP AT AARIS A WRIAUM O 6-11OES ALL EDWW SIAL tl_ FASID01 %N A R jwM M J P,ASM R YCION SEI E43K Lf&L r6r WD. A LADSGPE ANLAS L;-0 rlx ROLA OR 6AA1 DEPS SIWA. NVAL eE KAGD DffR RAAM: IfKR FABRIC t4AR SWI a WMAET IR." F.AQMC 140M OR EQMI, FWA90 ORAµ, W L"5U^ I%,%" TNAL AE I' LtMiR IIGA(r TN[ IW O 114 L-LAdNukal; OM6 K AWAS. 41ES ARD SOPS %ALL ROT KKAfnD ARB\ A fffl (A AMr ApEpool ; VIER, YRwA LBd k%D NO CLOSER ARAM :O (WE1 10 AIY MATER M SEVER Jt ALL LAI(L'SEIPW0 ARFAS EMAI K MGATED MTM M ALIORATC UMQRaojW VSW>1G. SS%. I A11gIAlw COWIROUD AL 9446 Li!➢ 4%4S Sr L DE McAIED WIN ORP RpADAIIM E•)AE MD tW HEAT 91U Q h*WARD AR, AM AUIEWATIC PO►dP SYSTEM. IML 0.AGAWM SISTER IS P) A AUASTEO TO MEEK 71C MKrt 14OL ftl"IS n IW M 1011E KW MATEN,A IRE WMR 5OJR:E MIAs DE REEVED ANP MW 001ESMC DATER SfRWQ. AL' "EMAAS AM UKVL4r: 'NULL MAH ADEOA.AIC LLOYS /GA INE PI JWNI O &,GAPR.' LICS E,Xr TRE IMIOSCAK VAINKER SISRM WPALLATIQL Al LAA&X0[ AREA$ *Va RECEI* KeWk (ON911SIOOLWEI AD SOA PREPARAT 11 AS SKC440. SGL AMEMCAMIS FOR ALL SOC AItAS SNAL EE A WYW OF TAU O*C YARDS PUW ORGANC RAE EF IA,, I,OEO SWAK FEE', AD 1, PONS M' i@RE SLPfR PRQKWR PFR LM SWAM FEET. I/ES ATEAA,S A, ;0 K ROTD 10 A DEPTH or 6 TO a ILDtS 1410 RE 50L AMPTAKE M"*' WITLAS NOLAX ACED COMPCSt W" 1SMST I- SOI,( ww- law 1PECS, SPhAca" MOSS (EAC wL IMT FRW Cm~ OMCM)A OR NADA WAIM MANAES RPSIAL IS MOI COr9)EM:D W ACMPFABLE tfi AW MAt1ER RRL TMM WD 91AL WE A ILEAC Q ill WEST DRCII(NI TOLRAYI AEU AVARMIf 60: KCFSSAR, LILTED IF, SUM NUGLIJE. AMNti. RUMI % OR OWSSt T. IALD IKE AID U KA MY MGI]( Rei_: z -u -D2 REVT$ION: 5-21-02 e -I D2 1 Property Information'`' GENERAL INFORMATION Schedule: 195042 Status: Active Property Address: VACANT LAND WHEAT RIDGE CO 80033 Mailing Address: 05745 S ANDES ST AURORA CO 80015 Neighborhood: 102 - PROPERTY DESCRIPTION Subdivision Name: 382800 - JAYLARRY Parcel ID: 39-211-11-028 Property Type: Vacant Land Print Help Owner Name(s) GOLABEK SLAWOMIR Block Lot Key Section Township Range QuarterSection Land Sqft 0019 21 3 69 NE 22013 Total 22013 Assessor Parcel Maps Associated with Schedule pmap39-211.pdf Graphic Parcel Mao MapOuest Location SALE HISTORY Sale Date Sale Amount Deed Type Reception 08-11-1965 0 Total CONVER02 06-24-1991 0 Letter or Letters CONVEROI 11-08-1991 0 Personal Representative Deed 91105466 11-19-2001 80,000 Special Warranty Deed F1365330 08-30-2007 150,000 Warranty Deed 2007101588 01-29-2010 0 Quit Claim Deed 2010010336 08-10-2012 0 Public Trustee's Deed 2012084528 07-08-2013 0 Quit Claim Deed 2013089410 03-11-2015 1 120,000 IlWarranty Deed 2015026985 AX INFORMATION 2015 Payable 2016 Actual Value Land 209,100 Total 209,100 Assessed Value Land 60,639 Total 60,639 2014 Payable 2015 Actual Value Land 157,400 Total 157,400 Assessed Value Land 45,646 Total 45,646 Treasurer Information View Mill Levy Detail For Year 2015 Mill Levy Information Tax District County School WHEAT RIDGE ARVADA FIRE DIST FRUITDALE SAN DIST REGIONAL TRANSPORTATION DIST URBAN DRAINAGE&FLOOD CONT DIST URBAN DRAINAGE&FLOOD C SO PLAT Total 2015 i 2014 3111 WHEN RECORDED RETURN TO: Slawornir Golabek 1 e Wheat Ridge --0-86033 5'1 5 s od e �, •S f �icY'Cil1L(/. 'cC1 File Number: 5503-2390103 WARRANTY DEED N y Rrst Anw i,a, THIS DEED, Made this Eleventh day of March, 2015, between Pasqual D. Aiello of the County of Jefferson and State of Colorado, grantor, and Slawomir Golabek whose legal address is 7 H 5 S j, de -5 SlA , U -Lt-'Z CC �. CC/ f5 -of the County of'r a/70.' and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado. also known by street and number as: 10590 West 44th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in an ise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the esate, right,interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Doc Fee: $12.00 I)N WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Pasqu i D. Aiello State of Colorado County of Jefferson The foregoing instrument was acknowledged to before me this Eleventh day of March, 2015 by Pasqual D. Aiello. Witness my hand and official seal. My commission expires: 09/14/2016 AWNETTE DIEGEL No ary Public NOTARY PUBLIC F OiTAE Or COLORADO 4OTAR Y ID 19964015143 �__ _ — ,-Sroti_aires Saar. 14, 2016 O CL 0 a. O Cl) C), If) C,4 .0 CD. la C)! 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F. ld IFirst American Title Insurance Company First American 350 Indiana, Suite 350 Golden, CO 80401 Phn - (303)989-2884 Fax - (877)358-4527 Escrow. lakewoc>d.co@frstam.com CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. TO: First American Title Insurance Company RE: 10590 West 44th Avenue FILE NO: 5503-2390103 Wheat Ridge, CO 80033 March 11, 2015 PARTIES, PROPERTY. Pasqual D. Aiello (Seller) and Slawomir Golabek (Buyer) engage FIRST AMERICAN TITLE INSURANCE COMPANY (Closing Company) who agrees to provide closing and settlement services in connection with the closing of the transaction for the sale and purchase of the following described real estate in the County of Jefferson County, Colorado, to wit: Lot 19, Jaylarry Subdivision, County of Jefferson, State of Colorado. 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company [X] Agrees [] Does Not agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company [X] Agrees [] Does Not agree to furnish copies of Exceptions. 3. INFORMATION, PREPARATION. Closing Company is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated 02/05/2015, with ALL amendments and counterproposals attached (Contract), and made part of this document. 4. CLOSING FEE. Closing Company will receive a fee not to exceed $300.00 for providing these closing and settlement services to be the expense of: E1/2 Buyer and 1/2 Seller d Seller D Buyer. 5. DISBURSER. Closing Company shall disburse all funds in closing, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: Closing Company Trust Account Check [] Cashier's Check at Seller's expense [] Funds Electronically transferred to an account specified by Seller at Seller's expense FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction, and Buyer and Seller further agree to sign and complete all and customary required documents at closing to fulfill the Contract. 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete, and detailed closing / HUD -1 statement to Buyer and Seller at time of closing. 9. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these instruments. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, shall be voided by Closing Company, with the original(s) returned to Buyer and copy to Buyer's lender. 10. CHANGE IN OWNERSHIP OF WATER WELL. If applicable, within thirty (30) days after closing, Closing Company shall submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing Agent shall not be liable for delaying closing to ensure Buyer completes any required form. 11. SPECIAL INSTRUCTIONS. None 12. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy such copies taken together shall be deemed to be the parties. a full and complete contract between 13. NOTICE, DELIVERY AND CHOICE OF LAW a. Physical Delivery. Except as provided in § 12b below, all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or Selling Brokerage Firm, any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm, and any notice to Closing Company shall be effective when physically received by Closing Company. b. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: [X] Facsimile [X] E-mail [X] Internet [] No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 14. CLOSING & SETTLEMENT SERVICES GENERAL PROVISIONS: The undersigned Buyer and Seller acknowledge having received, read and agree to the Company's Closing & Settlement Services General Provisions which are incorporated herein and made a part hereof by reference. APPROVED AND ACCEPTED BY: SE BUYER: asq , I D. Aiello ' awomir Golabek Closing Company: First American Title Insurance Company Escrow Officer: Annette Diegel City of �'�Wh6a-tRjdze- LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 ,I // (Please print or type all information) Applicant �G�rs-S—��d ess Phone City �As -7,- State Zip Fax_ Owner 5Z (j�/k1 Address City 4? State_ WE Phone Fax Contact -52-4 -'v'C/YIK GDL•4��lfAddress Sl. Phone 7�liss� City State State Zip �:FCO/S Fax (The person listed as contact will be contacted to answer questions regarding this application. provide additional information when necessary, post public hearing signs. will receive a copy of the staff report prior to Public Hearing. and shall be responsible 1'or forwarding all verbal and written communication to applicant and owner.) Location of request (address): lL1171Z % �,�r; Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation O Other: Detailed description of request: Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: / certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application. l am acting with the know/edge and consent of those persons listed above, without whose consent the requested action cannot lairfulb- be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approv o�ct�on his behalf. Notarized Signature of Applicant State of Colorado ` County of �)01)� } ss The foregoing instrument (Land Use Processing Application) was acknowledged by me this day ofn r)g, 201S by -, L L CONSTANCE L M,ORRELL ty Notary Public IC State of Colorado Notary u is _ My commission expires 11,1-A-L120Tj To be filled opt st ff. Date received G (, Fee $ t L� Receipt NoC �ftf%•�t�� Case No. Comp Plan Design. Zoning Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager T6' I Case No. WZ1504 Date Received 6/22/2015 Related Cases Case Planner Reckert Case DescripliorZone change Irom Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) AppbC0171 /WIYA a1101. First Reading CC Name Slawomir Golabek Name Phone (720) 455.3031 Address 5745 S. Andes St. City Aurora Case Disposition State CO Zip 80015- Owl, of /r/0rw.ff%W Conditions of Approval Name Slawomir Golabek Name Phone (720) 455.3031 Address 5745 S. Andes St. City Aurora Open State CO Zip 80015- C0n1ae-1 /nl0ima/pan Storage: ❑ Reception #: - Name Slawomir Golabek Name Phone (720) 455-3031 Address 5745 S. Andes St. City Aurora State CO Zip 80015. Ft0%eCl /17AVMe ie7n Address 10590 Street W. 44th Ave. City Wheat Ridge State CO Zip 80033 Location Description Pr ect Name a Golabek Rezone Parcel No Qtr Section District No Referral Out: Comments #2 Sent: Admin Posting Start: 3921111028 NE21 IV Referral Due: Submittal #3 Rcvd: Admin Posting End: Comments 01 Sent: Comments #3 Sent.- Submittal #2 Rcvd: feviews Pre -App Date 3/26/2015 Neighborhood Meeting Date App No: APP1516 'v. Public Hearing Review Type Review Body Review Date Disposition Comments Report Public Hearing PC ❑ ❑ �1 Public Hearing . CC First Reading CC ❑ Pi: pcxi/i0n Case Disposition ❑ Disposition Date Conditions of Approval Notes Open Res # Ord #Status Recorded Date: Storage: ❑ Reception #: - City of Wheat Ridge a,j/22/2@15 14:2@ CDBA WZ-!-a4 ZONE CHAht13E APPLICATION FEE C DI 011506 AMOUNT D ZONING APPLICATION FEES ti'.@@ -"lob ZONING REIMBURSEhI NT FEE 225.00 PAYMENT RECEIVED AMOUNT VS / 2900 900.00 AUTH CODE: 9@6317 TOTAL 90@.@@