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HomeMy WebLinkAboutWZ-15-03City Council Minutes September 28, 2015 Page 2 kinds of residents we want to attract will be invested committed partners in our community. He encouraged the Council and citizens to vote no on measure 300. Tim Rogers (WR) believes initiative 300 is political gridlock spawned by a small group of citizens who haven't shown that damage has been done by the current urban renewal process. He believes if it passes well -thought-out projects serving the majority will be controlled by a small group of voters who don't have the tools to make decisions about large construction projects. - He outlined what makes for a good review process by unbiased experts, not voters - one that developers should be able to expect and that the Urban Renewal Authority has the authority to perform. He listed hardships he believes 300 will create for developers and contractors. He thinks it will give other cities a competitive advantage and require citizen motivation and knowledge to choose good projects. - He believes the current review process is transparent, and citizens are allowed to participate. He believes the community is being tricked into believing that building a grocery store has ruined the ability of Council, Planning Commission, and the Urban Renewal Authority to forge solutions that will help the long term needs of the City. Kelly Brooks (WR) is concems about measure 300. He believes it will damage our ability to attract quality development, strong businesses and revenue. He predicts unintended consequences and doesn't think this shouldn't be in the charter. - He doesn't think WR is in high demand for developers. Since the recession ended in 2009 less than a handful of noteworthy commercial developments have located here, and most of them needed financial partnership. He listed a number of projects that will be in jeopardy if 300 passes. He doesn't believe we should tie the hands of City leaders. How we exploit or restrict the TIF mechanism will impact major development for the foreseeable future. He encouraged citizens to vote no on 300. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 20-2015 - approving a zone change from Industrial -Employment (I- E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street Councilmember Urban introduced Council Bill 20-2015. This zone change is the first step in the process for redevelopment of this site. All further site plan review and confirmation of compliance will be done by the staff with no additional public hearings required. Clerk Shaver assigned Ordinance 1582. Mayor Jay opened the Public Hearing. City Council Minutes September 28, 2015 Page 3 Ken Johnstone was sworn in by the Mayor and gave the staff presentation. He entered into the record the contents of the Council packet, the zoning and development code, and the City's Comprehensive Plan. Mr. Johnstone described the zoning of neighboring properties, the current zonings on the site, and what is called for in the Comprehensive Plan. Much of the site is already zoned I -E, the Comp Plan calls for I -E and surrounding land uses are compatible with I -E. I -E allows light manufacturing, storage, warehouse and other industrially related uses. The owner is requesting the entire property be zoned as I -E. Staff recommends approval because it is consistent with the Comprehensive Plan, it will consolidate disparate zonings, the criteria for rezoning are supported, and the Planning Commission recommends approval. The applicant was present, but did not speak. Council questions followed: Councilmember Starker inquired what the ratio of office to storage would be and if it would be indoor or outdoor storage or both? Mr. Johnstone stated that is not part of this application and will be subject to staff review and approval. The expectation is a mix of the uses: climate controlled storage, independent one- story storage units, and office -industrial flex space facing Marshall — with flexibility for one or two story buildings for office, manufacturing or warehouse components within multi -tenant units. Outdoor storage of things such as boats and RV's is not planned. Mayor Jay closed the Public Hearing. Motion by Councilmember Urban to approve Council Bill No. 20-2015 - an ordinance approving a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street 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 zoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 1 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. seconded by Councilmember DiTullio; carried 8-0. City of WheatP,'gge COMMUNITY DEYEEOPMENT Case No. WZ-15-03/Carlson A request for approval of a zone change from Industrial - Employment (I -E), Commercial -One (C-1) and Agricultural - One (A-1) to Industrial -Employment (I -E) 5220 Quail Street _ gi e E?.T vz® ) lAo!Qw-jl t Agency Referrals • WR Economic Development: Supports the zone change. • Wheat Ridge Fire District: Can serve with improvements installed at the developers* expense. WR Police: Can serve Wheal Ridge Public Works: Has reviewed a preliminary traffic report. A drainage plan and report will be required as site plan. • Wheat Ridge Sanitation District: Has an 8" main line in Marshall. A lilt station may be required. • Xcel Energy: Can serve Staff Recommendation Approval for the following reasons: • Will promote the public health, safety or welfare. • Request is consistent with goals and objectives of Comp Plan. • Request will consolidate zoning, prepare it for redevelopment and may be a catalyst for other improvements in area. The criteria used to evaluate a zone change support the request. � G y�- City of _]�qrWheatP,jdge r ITEM NO: DATE: September 28, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2015 — AN ORDINANCE APPROVING A ZONE CHANGE FROM INDUSTRIAL -EMPLOYMENT (I -E), COMMERCIAL -ONE (C-1) AND AGRICULTURAL -ONE (A-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4901 MARSHALL STREET ® PUBLIC HEARING ❑ ORDINANCES FOR 1 IT READING (8/24/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (9/28//2015) ❑ RESOLUTIONS S ❑ NO City Manager ISSUE: This application is for approval of a zone change from Industrial -Employment (I -E), Commercial - One (C- l) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street (Case No. WZ-15-03/Carlson). The zone change is the first step of the approval process for redevelopment of this site under I -E zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the City zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. PRIOR ACTION: The Planning Commission heard the request at a public hearing on August 6, 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing are attached. FINANCIAL IMPACT: Fees in the amount of $1,700 were collected for the review and processing of Case No. WZ-15-03. If the proposed rezoning is approved, there could be opportunities to advance the City's economic Council Action Form — Zone Change for 4901 Marshall Street September 28, 2015 Page 2 development goals through the redevelopment of underutilized industrial space and the promotion of new and diversified local employment opportunities. BACKGROUND: Subject Property The property is located in the northeast quadrant of the City at 4901 Marshall Street. The site is about 6.5 acres in size, is comprised of two parcels and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I- E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). The site is currently unoccupied. Most recently it was used by Copper Fields Events Chateau for private parties, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point, where a paved parking area surrounds the former event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. Surrounding Land Uses The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across I-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south of the site and across Marshall Street to the east are several commercial properties zoned C-1; these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. Current and Proposed Zoning The property currently has three separate zonings designations — C-1, I -E and A-1. The C-1 zoning allows office, service and retail uses. The A -I zoning has a very limited use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The applicants intend to build an office/mini-warehouse facility on the property as well as light industrial "flex space." Office/mini-warehouses are a permitted use in the I -E zone district but not in the C-1 and A-1 zone districts. 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 — Zone Change for 4901 Marshall Street September 28, 2015 Page 3 RECOMMENDATIONS: Staff recommends approval of the zone changes as outlined in the motion. RECOMMENDED MOTION: "I move to approve Council Bill No. 20-2015, an ordinance approving a zone change from Industrial -Employment (I- E), Commercial -One (C-I)and Agricultural -One (A-1) to Industrial - Employment (I -E) for property located at 4901 Mall Street on second reading and that it Marshall 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. 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. 20-2015, an ordinance approving a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial - Employment (I -E) for property located at 4901 Marshall Street for the following reasons: 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for 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. 20-2015 2. Planning Commission staff report with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 20 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM INDUSTRIAL - EMPLOYMENT (I -E), COMMERCIAL -ONE (C-1) AND AGRICULTURAL - ONE (A-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4901 MARSHALL STREET 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, LSC Denver Colorado LLC has submitted a land use application for approval of a zone change to Industrial -Employment for property located at 4901 Marshall Street; and, WHEREAS, the subject property has long been underutilized, and the Industrial - Employment zone district will accommodate redevelopment of the site; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat Ridge 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 LSC Denver Colorado LLC for approval of a zone change ordinance from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street, 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: A parcel of land situated in the southwest one-quarter of Section 13, Township 3 south, Range 69 west of the 6th principal meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southwest corner of the said southwest one-quarter of section 13 and considering the west line of said southwest one quarter to bear N00°73'53"W with all bearing s herein relative thereto; Thence N22°52'47"E, a distance of 729.20 feet to the point of beginning, said point also being the southeast corner of a Colorado Department of Transportation (CDOT) parcel recorded at reception no.79086148 and the northern most corner of a CDT parcel recorded at reception no.80069724 and the southwest corner of a parcel recorded at reception no.80057553; Attachment 1 Thence continuing the same bearing along the southern boundary of said parcel recorded at reception no.80057553, N74°44'32"E, a distance of 406.56 feet to the southwest corner of a parcel recorded at reception no.80057553; Thence continuing the same bearing along the southern boundary of said parcel recorded at reception no.80057553, N74°44'32"E, a distance of 202.06 feet to a point on the westerly right-of-way for Marshall St.; Thence along said westerly righ-of-way on a non -tangent curve to the left having a radius of 919.44 feet through a central angle of 29°49'08", an arc distance of 478.51 feet, having a chord which bears S17°20'36"E, a distance of 473.13 feet; Thence S00°02'10"E, a distance of 282.14 feet to the northeast corner of a CDOT parcel recorded at reception no.80069724; Thence the following three courses along the northeasterly boundary of said parcel contain 286,161 square feet or 6,570 acres, more or less: 1. Continuing along the same bearing, N60°58'40"W, a distance of 358.60 feet; 2. N41010'10"W, a distance of 67.60 feet; 3. N29°47"55"W, a distance of 242.00 feet to the point of beginning. 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 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 8 to 0 on this 24th day of August, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, September 28, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291h 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 day of 2015. SIGNED by the Mayor on this day of ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form: 1 St publication: August 27, 2015 Gerald Dahl, City Attorney 2"d publication: Wheat Ridge Transcript: Effective Date: 2015. ��AA City of jZidge NTWheat MUNITY DEVELOP CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: August 6, 2015 CASE NO. & NAME: WZ-15-03/Carlson ACTION REQUESTED: Approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-]) to Industrial -Employment (I -E) LOCATION OF REQUEST: 4901 Marshall PROPERTY OWNER: LSC Denver Colorado, LLC APPROXIMATE AREA: 6.5 acres PRESENT ZONING: Industrial -Employment (I -E), Commercial -One (C-1) and, Agricultural -One (A-1) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION 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 Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street. The zone change is the first step of the process for approval for redevelopment of this site under I -E zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located in the northeast quadrant of the city at 4901 Marshall Street. The site is about 6.5 acres in size, is comprised of two parcels and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment 0- E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). (Exhibit 2, Zoning Map) The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across I-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south of the site and across Marshall Street to the east are several commercial properties zoned C-1; these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. (Exhibit 3, Aerial Photo) The site is currently unoccupied. Most recently it was used by Copper Fields events center for private events, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point at which a paved parking area surrounds the former event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. (Exhibit 4, Land Survey Plat) The property has a grade change of about 20' from the southeast corner of the site to the north. It is outside of the regulatory 100 -year floodplain. (Exhibit 5, Site Photos) Planning Commission 2 W Z-15-03/Carlson III. PROPOSED ZONING The applicants are requesting the property be rezoned to Industrial -Employment (I -E), a zone district intended to provide light industrial and commercial uses that support employment. The property currently has three separate zonings on it — C-1, I -E and A-1. The C-1 zoning allows office, service and retail. The A-1 zoning has a very limited use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The applicants intend on building an office/mini-warehouse facility on the property. Office/mini- warehouses are a permitted use in the I -E zone district but not in the C-1 and A-1 zone districts. The following table compares the existing and proposed zoning for the property. Development A-1 zoning C-1 zoning I -E zoning Standard Uses Single family Commercial uses Commercial and residential and (office, service and light industrial uses farming retail) — no light including mini - industrial or mini- warehouses uses warehouses Architectural None Determined by Determined by Standards Architectural and Architectural and Site Design Manual Site Design Manual (ASDM 'ASM) Max. BuildingHeight 35' 50' 50' Max. Lot covers a 40% 80% 80% Min. Landscaping N/A 20% 15% Min. Front setback 30' 30'/50' 10' If the rezoning is approved, the applicants would then submit for administrative site plan review. The design for the property would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The 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. Planning Commission WZ-15-03/Carlson 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 C-1 and 1-E zone districts have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. The portion zoned A-1 is at a location on the site where it would be difficult to build due to topography. 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. All responding agencies have indicated they can serve the property with improvements installed at the developers' expense. Prior to issuance of a building permit, an administrative site plan review application will be required and referred to all impacted utility and service agencies 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. m rmects - � - I - �i d woo h o r o� �- Excerpt from Envision Wheat Ridge Structure Plan Employment .- Property location Planning Commission 4 WZ-15-03/Carlson Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as an Employment zone, which is a designation intended to support existing industrial uses and encourage redevelopment. Goals met with the proposal include the redevelopment of underutilized commercial and industrial space with denser, high quality development. Another goal is for retention and diversification of opportunities for local employment and promotion of new primary employment. 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. Staff has not found any evidence of an error with the current I -E, C-1 or A-1 zoning designations as they appear on the City are 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. This is an area of the city that has historically been used industrially. It is comprised of a variety of uses including contractor offices, storage yards and auto body repair facilities. Many of these properties were developed in Jefferson County prior to incorporation of the City. The proposed redevelopment of 4901 Marshall Street could act as a catalyst for additional redevelopment and property investment in the area. A zone change will consolidate the zoning on the property and prepare it for redevelopment. 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 Comprehensive Plan recognizes the need for upgraded industrial space. Construction of office and mini -warehouse facility will support existing industrial operations and promote incubator and start-up operations. In addition, the western portion of Jefferson County is lacking light industrial space which provides primary and secondary employment opportunities. The proposed development will help fill this gap. Additionally, the proposed storage facility is an Planning Commission 5 WZ-15-03/Carl son identified need in the growing Denver market and is appropriate near an interstate highway. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on April 8, 2015. One neighbor attended and the proposed zone change and development scenario were discussed. (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: Supports the rezoning and development of the property. Wheat Ridge Fire Protection District: Can serve the property with improvements installed at the developers' expense to be assessed at the time of site plan review. Wheat Ridge Public Works: Has reviewed a preliminary traffic report. A drainage plan and report will be required to be reviewed as part of the site plan process. Wheat Ridge Sanitation District: Can serve the property with an existing 8" main line in Marshall. A lift station may be required. Xcel Energy: No objections, Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change will consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. Planning Commission 6 WZ-15-03/Carlson Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-03 VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C- l) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request." Option B• "I move to recommend DENIAL of Case No. WZ-15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment I -E) for property located at 4901 Marshall Street, for the following reasons: 2. Planning Commission WZ-15-03/Carlson Exhibit 1— Applicant letter C construction company, inc. 909 East 62nd Avenue -Denver CoWado 80216 • 303 287 5525 • Fax 303 287 3697 dc'- t c091 Written Request and Description of Proposed Change of Zone DEVELOPER: Carlson Associates, Inc. Contact: Clay Carlson P.O Box 247 Eastlake, CO 80614 LOCATION: 4901 Marshall St. Wheat Ridge, CO 80033 DATE June 18, 2015 The site located at 4901 Marshall St is currently zoned Commercial -One (C-1), Agricultural -One (A-1), and Industrial -Employment (I -E). The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The A-1 zone district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi -rural or agricultural setting The I -E district is established to allow light industrial and commercial uses that support employment. The majority of the site area is currently zoned I -E with the remaining amount zoned C-1 and A-1 Consolidating the sites zoning into a single zoning type will allow the site to be fully utilized and eliminate ancillary spaces that impede the viability of the site. The I -E zone district allows both mini -warehouses and office/warehouse flex space. At the direction of the staff of the City the property would be rezoned to Industrial Employment (I -E). The City's comprehensive plan, Envision Wheat Ridge, identifies the area as "Employment." This designation calls for tight industrial uses including manufacturing, storage, and warehouse. The proposed use for this site is 'private -stars up' office/warehouses with a combination of individually rentable self -storage units. The 'start-up' office component of the site will provide small businesses with storefront office space for their employees and clients. Their equipment. tools, etc will be stored on site with them, behind their office space. The entrepreneurial programming of these office spaces with their associated warehousing meshes very well with the cities -Employment" designation. This program coupled with the allowable use of self storage under the I -E zone district creates a property that fully capitalizes on the site; providing employment, business, and revenue for the city while simultaneously giving residents a place to keep their possessions within their community. The adjacent zoning area of C-1 to the east and south and Interstate 70 and 76 border the site to the north and west will integrate with the proposed rezoned area. The new development will raise the standard of the existing site with a forward looking architecture that compliments and responds to its neighborhood, Wheat Ridge, and the Rocky Mountain region. Nearby residential neighborhoods will be able to utilize the new development and benefit from it due to its close proximity by reducing commuting to other areas. As shown in the June 9'" Traffic Impact Study conducted by LSC, the existing road network and Marshall Street is fully capable of handling the nominal increase of traffic volume well into the year 2035. Utilities are currently installed on site and were used for the now closed Copper Fields Event Center. These existing utilities should be sufficient for the new development. The new projects impact will not exceed the burden of resources previously placed on the city by Copper Fields but should be below them. The proposed redevelopment of 4901 Marshall Street will bring life and beauty back to the now derelict lot, providing excellent resources for the citizens of Wheat Ridge. It's integration of use with the surrounding neighborhood and generation of new businesses will benefit all in the community. Planning Commission 9 WZ-15-03/Carlson Exhibit 2 — Zoning Map Planning Commission 10 WZ-15-03/Carlson Exhibit 4 — Property Survey See enclosed 11x17 survey. Planning Commission 12 WZ-15-03/Carlson Exhibit 5 — Site Photos Looking west into the site with the existing structure and billboard in the background Looking north across the existing parking lot with auto body shop in the background Planning Commission 13 WZ-15-03/Carlson Looking southeast towards I-70 at the parcel currently zoned A-1 Looking east at the existing driveway to Marshall Street Planning Commission 14 W Z-15-03/Carlson Exhibit 6 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff. Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: April 8, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 291h Avenue Wheat Ridge, CO 80033 4901 Marshall Street LSC Denver Colorado, LLC two Kent Carlson KentACarlsonland net Industrial -Employment (I -E), Commercial -One (C-1), Agricultural -One (A-1) Employment Existing Site Conditions: The property is located in the northeast quadrant of the city at 4901 Marshall Street. The site is about 6.5 acres in size and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I -E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across 1-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south Planning Commission 15 WZ-15-03/Carlson of the site and across Marshall Street to the east are several commercial properties zoned C-1— these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. The site is currently unoccupied. Most recently it was used by Copper Fields events center for private events, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point at which a paved parking area surrounds the primary event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. The property has a grade change of about 20' from the southeast corner of the site to the north. It is outside of the regulatory 100 -year floodplain. Applicant/Owner Preliminary Proposal: The applicant is requesting a zone change to Industrial- Employment to consolidate and expand uses for the property. One of the permitted uses being considered is an office/ mini -warehouse development. Attendance from the neighborhood: One person from the neighborhood was in attendance: Tom Abbott – property owner of 4909 Marshall Street. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, 1 member of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change and a proposed redevelopment scenario for the property. • The attendee was infonned of the process for a zone change. • The attendee was informed of his opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • Why isn't a more commercial zoning and development being proposed? The property is designated as employment on the Comprehensive plan and while mini - warehouses don't provide a lot of jobs, they do support small business uses. Also, retail uses would likely be unsuccessful due to access difficulties. Planning Commission 16 W Z-15-03/Carlson The developer owns several mini -storage facilities in the metropolitan area. Who are your typical users? There are a variety of users who rent space including people in housing transition, small businesses and retailers who don't have enough room for storage, contractors and start- up manufacturers. • Do you ever condominiumize and sell individual units? No. The one attendee is an adjacent land owner and indicated support for the proposal. No written correspondence was received regarding the neighborhood meeting notice. Planning Commission 1 WZ-15-03/Carlson 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-15-03: Ms. Reckert gave a short Power Point Presentation r ding the zone change process and the application. She entered into the record t ents of the case file , packet materials, the zoning ordinance, and the conte a digital presentation. She stated the public notice and posting requirements et. The applicant is requesting approval of � done change fr g dustrial-Employment (1- E), Commercial -One (C- l ), and ACu1t�ural-One (A -l) to trial -Employment E) for property located at 4901 M3411. Street. The u is to(I- E) _purpose rezoning is to modify the list of uses and to simplify the:review and approval f re development on the property. If approved, the zone chap redevelopment of this site. review will be rewired to second The appli build an rezoning. Ms.7 1 permitted use in step in'the.process of approval for nstructiixi,-an administrative site plan NIJOLwith City zoning code as well as the APINkLearihgwould be required for the building and mini warehouse on the lot, I -E zoning. The Wheat Ridge Noyment," and the proposed construction nent, Fire, Police Department, and Public Works ter and sanitary sewer districts and Xcel Energy can ents installed at the developer's expense. MWted to clarify that tonight's hearing was simply about the Pff stated it was. He wanted to know if storage units were a zoning. Ms. Reckert responded that 1-E zoning includes office buildings, storage units, warehouses, and other light industrial uses. Commissioner BUCKNAM asked about the existing billboard on the property. Does the zone change support the billboard? Planning Commission Minutes August 6, 2015 Attachment 3 -2— Ms. Reckert responded that, yes, the zone change supports the billboard. Also, the applicant wants to keep the billboard where it is. She also stated that 1-E zoning is the most intensive commercial zoning in the City of Wheat Ridge. The applicant. Kent Carlson, PO BOX 247, Thornton, CO 80614 came forward and stated Ms. Reckert did a great job with presentation and he feels he has nothing further to add. Chair BUCKNAM opened the Public Hearing Greg Picchione, 6920 W 47'h Place, Wheat Ridge came forward to speak. He wanted to know when the proposed development will take place. He believes in this development — it is a low area topographically and the new development will help lift it up and make it more appealing. He wthite red if the developer might consider saving the buildings on the property. The ma'ding has a lot of character and history and contains a lot of old wood. The sm building on the property used to be a popcorn stand for Elitch's. It woul to save something from the buildings on this property and then start the develop & Mr. Carlson explained that they plan to start olition as soon as possible. They are working to obtain the pen units now. They h come up with a site plan for staff review in a few days and commence construction 11. Mr. Carlson stated he is very familiar with the large building on the property. andparents used to go there. Unfortunately, it has been added to.Manq times o the years, and it would be difficult or impossible to move relocatethe building. The white building is not salvageable and they have demolition set up. Chair BUCKNAM closed the Public Hespipg It was moved by Commissioner D-6�`RSEY to recommend approval of Case No. W2r15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1), and Agricultural -One (A-1) to Industrial - Employment (I -E) for property located at 4901 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the Ci Os Comprehensive Plan. 3. The zone change will consolidate zoning on the property, prepare it for redevelopment, and may serve as a catalyst for other property redevelopment or improvement in the area. 4. The criteria used to evaluate a zone change support the request. Commissioner KIMSEY seconded the amendment. Motion approved 5-0 Planning Commission Minutes -3— August 3— August 6, 2015 LAND SURVEY PLAT 1 E SITUATED IN THE SOUTHWEST QUARTER SECTION 13, 51.13 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN I % 1 CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO FND. W 1/4 SEC 13 3.25' ALUMINUM CAP 0.4' DOWN IN RANGE BOX THOMAS & BABEL ABBOTT I RCC NO. 80057553 ff I I I 3 i �os•b2' I N74�'N3 2 1E �I THOMAS&BABEL ABBOTT - 1 REC. NO. 2006132243 It 1 1 I 4o6.K' 1141. 1Iq COLORADO DEPT. OF TRANS. REC. NO. 79086148 P.O.B. PARCEL 1 \ 250,898 SQ. FT. 5.760 ACRES / ^O Jam\ ��v�—vn� /y//✓/� 1. 9�o$q /� /r/ R=91944, IV IRNIIRRY WIMEM O $\ ✓ 0 -m—n, /i CHB=S1770'i6 Ey CHL =47313• \ \ (�� i O s i� ✓ � �5!y O. \ ISW I I 3 �60• ti N��SOE s I N ~ S14 S13 513R 514 P135 R(AW W r MON D.O.C. FND. SW COR SEC 13 3.25' BRASS CAD 0.5'DOWN IN RANGE BOX - - Know what's b@IOW. Calf before you dig. COLORADO DEPT. OF TRANS. 8K. 1810 ` PG. 252 T 40 20 0 40 SCALE 1" = 40' PARCEL 2 y 35,262 SQ. FT. P 0.810 ACRES Rom\ �. .\ C O '� ACCESS UN[ .� RIC No 900144M pG oTRO'kr •\ I MAP LEGEND �'�' {ME NYDRANi pQ WATER -1 SMInMV MANMOIf (UIIB MIFI ® STORMMANNoFE O IWHTPpE pIIGN \ COMMUMUI— EMKRAL POVYFR IroEE GUY ANCMOR PROPERTYCOMER • M[ REMRWfTHRfD MASTIC CAP STAMPED -POMT o %311' FERCEPT AS SHOWN) SECTION CORNER BOUNMXY UNE ADIRCENT/DUNDRRYUNE 1IC1--1 EASEMENT UK UNDIRGROUND FUCTRICLINE —W—w—w w—w— GRI IME —R.,—w—w—w—w— 50DMYIME —an—a�.—an an an— STORNEI'. —vn—M—M—vn—vA� WRIER ME EIBER OPTIC 11. .c: %IVIS �F� C �O CL O Z� E wu0 �o0 Zv> tx Z - Z N 2 - v<� 3 ZUzz K 3 Z� Q �d Jz a EXHIBIT 4 POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: l " zF,-- 15- (n a m e) S (name) residing at / `�//9 �� h (a dress) 23 as the applicant for Case No. , hereby certify that I have posted the Notice of Public Hearing at (� ocation) on this-q4day of 20/, 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. NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. MAP eAplanninglforms\postingcert Rev. 6/6101 /fin City of ]�qrWh6atP4dge 00, D ITEM NO: DATE: August 24, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2015 - AN ORDINANCE APPROVING A ZONE CHANGE FROM INDUSTRIAL -EMPLOYMENT (I -E), COMMERCIAL -ONE (C-1) AND AGRICULTURAL -ONE (A-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4901 MARSHALL STREET ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (8/24/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (9/28//2015) ❑ RESOLUTIONS QUASI -JUDICIAL -YES ❑ NO C mmunity D e1 men irector City Manager ISSUE: This application is for approval of a zone change from Industrial -Employment (I -E), Commercial - One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street (case no. WZ-15-03/Carlson). The zone change is the first step of the approval process for redevelopment of this site under I -E zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the City zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. PRIOR ACTION: The Planning Commission heard the request at a public hearing on August 6, 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1,700 were collected for the review and processing of Case No. WZ-15-03. If the proposed rezoning is approved, there could be opportunities to advance the City's economic Council Action Form - Zone Change for 4901 Marshall Street August 24, 2015 Page 2 development goals through the redevelopment of underutilized industrial space and the promotion of new and diversified local employment opportunities. BACKGROUND: Subject Property The property is located in the northeast quadrant of the City at 4901 Marshall Street. The site is about 6.5 acres in size, is comprised of two parcels and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I- E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). The site is currently unoccupied. Most recently it was used by Copper Fields Events Chateau for private parties, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point, where a paved parking area surrounds the former event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. Surrounding Land Uses The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across 1-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south of the site and across Marshall Street to the east are several commercial properties zoned C-1; these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. Current and Proposed Zoning The property currently has three separate zonings designations - C-1, I -E and A-1. The C-1 zoning allows office, service and retail. The A-1 zoning has a very limited use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The applicants intend to build an office/mini-warehouse facility on the property as well as light industrial "flex space." Office/mini-warehouses are a permitted use in the I -E zone district but not in the C-1 and A-1 zone districts. 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 — Zone Change for 4901 Marshall Street August 24, 2015 Page 3 RECOMMENDATIONS: Staff recommends approval of the zone changes as outlined in the motion. RECOMMENDED MOTION: "I move to approve Council Bill No. 20-2015, an ordinance approving a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A- l) to Industrial - Employment (I -E) for property located at 4901 Marshall Street on first reading, order it arshal published, public hearing set for Monday, September 28, 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. 20-2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO, 20 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM INDUSTRIAL - EMPLOYMENT (I -E), COMMERCIAL -ONE (C-1) AND AGRICULTURAL - ONE (A-1) TO INDUSTRIAL -EMPLOYMENT (I -E) FOR PROPERTY LOCATED AT 4901 MARSHALL STREET 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, LSC Denver Colorado LLC has submitted a land use application for approval of a zone change to Industrial -Employment for property located at 4901 Marshall Street; and, WHEREAS, the subject property has long been underutilized, and the Industrial - Employment zone district will accommodate redevelopment of the site; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat Ridge 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 LSC Denver Colorado LLC for approval of a zone change ordinance from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street, 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: A parcel of land situated in the hsouthwest one-quarter of Section 13, Township 3 south, Range 69 west of the 6 principal meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southwest corner of the said southwest one-quarter of section 13 and considering the west line of said southwest one quarter to bear N00°73'53"W with all bearing s herein relative thereto; Thence N22°52'47"E, a distance of 729.20 feet to the point of beginning, said point also being the southeast corner of a Colorado Department of Transportation (CDOT) parcel recorded at reception no.79086148 and the ATTACHMENT 1 northern most corner of a CDT parcel recorded at reception no.80069724 and the southwest corner of a parcel recorded at reception no.80057553; Thence continuing the same bearing along the southern boundary of said parcel recorded at reception no.80057553, N74044'32"E, a distance of 406.56 feet to the southwest corner of a parcel recorded at reception no.80057553; Thence continuing the same bearing along the southern boundary of said parcel recorded at reception no.80057553, N74044'32"E, a distance of 202.06 feet to a point on the westerly right-of-way for Marshall St.; Thence along said westerly righ-of-way on a non -tangent curve to the left having a radius of 919.44 feet through a central angle of 29049'08", an arc distance of 478.51 feet, having a chord which bears S17020'36"E, a distance of 473.13 feet; Thence S00002'1 0"E, a distance of 282.14 feet to the northeast corner of a CDOT parcel recorded at reception no.80069724; Thence the following three courses along the northeasterly boundary of said parcel contain 286,161 square feet or 6,570 acres, more or less: 1. Continuing along the same bearing, N60058'40"W, a distance of 358.60 feet; 2. N4101010"W, a distance of 67.60 feet; 3. N29047"55"W, a distance of 242.00 feet to the point of beginning. 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 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 ofto on this 24th day of August, 2015, ordered it published with Public Hearing and _ _ consideration on final passage set for Monday, September 28, 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 day of .2015. SIGNED by the Mayor on this day of 2015. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form: 1St publication: Gerald Dahl, City Attorney 2nd publication: Wheat Ridge Transcript: Effective Date: 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING so A. Case No. WZ-15-03: Ms. Reckert gave a short Power Point 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 Industrial -Employment (I- E), Commercial -One (C-1), and Agricultural -One (A-1) to Industrial -Employment (I- E) for property located at 4901 Marshall Street. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. If approved, the zone change is the first step in the process of approval for redevelopment of this site. Prior to any construction, an administrative site plan review will be required to confirm compliance with City zoning code as well as the Architectural and Site Design Manual. No public hearing would be required for the second step. The applicants would like to build an office building and mini warehouse on the lot, which would be allowed with the change to I -E zoning. The Wheat Ridge Comprehensive Plan shows the area as "employment," and the proposed construction is consistent with this designation. Wheat Ridge Economic Development, Fire, Police Department, and Public Works support the development. The water and sanitary sewer districts and Xcel Energy can serve the property with improvements installed at the developer's expense. Commissioner OHM wanted to clarify that tonight's hearing was simply about the rezoning. Ms. Reckert stated it was. He wanted to know if storage units were a permitted use in PE zoning. Ms. Reckert responded that I -E zoning includes office buildings, storage units, warehouses, and other light industrial uses. Commissioner BUCKNAM asked about the existing billboard on the property. Does the zone change support the billboard? Planning Commission Minutes _ August 6, 2015 Ms. Reckert responded that, yes, the zone change supports the billboard. Also, the applicant wants to keep the billboard where it is. She also stated that I -E zoning is the most intensive commercial zoning in the City of Wheat Ridge. The applicant, Kent Carlson, PO BOX 247, Thornton, CO 80614 came forward and stated Ms. Reckert did a great job with presentation and he feels he has nothing further to add. Chair BUCKNAM opened the Public Hearing Greg Picchione, 6920 W 47th Place, Wheat Ridge came forward to speak. He wanted to know when the proposed development will take place. He believes in this development — it is a low area topographically and the new development will help lift it up and make it more appealing. He wondered if the developer might consider saving the buildings on the property. The main building has a lot of character and history and contains a lot of old wood. The smaller, white building on the property used to be a popcorn stand for Elitch's. It would be good to save something from the buildings on this property and then start the development. Mr. Carlson explained that they plan to start the demolition as soon as possible. They are working to obtain the permits now. They hope to come up with a site plan for staff review in a few days and commence construction this fall. Mr. Carlson stated he is very familiar with the large building on the property. His grandparents used to go there. Unfortunately, it has been added to many times over the years, and it would be difficult or impossible to move relocate the building. The white building is not salvageable and they have demolition set up. Chair BUCKNAM closed the Public Hearing It was moved by Commissioner DORSEY to recommend approval of Case No. WZ-15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1), and Agricultural -One (A-1) to Industrial - Employment (I -E) for property located at 4901 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or -vvelfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will consolidate zoning on the property, prepare it for redevelopment, and may serve as a catalyst for other property redevelopment J""L or improvement in the area. 4. The criteria used to evaluate a zone change support the request. Commissioner KIMSEY seconded the amendment. Motion approved 5-0 Planning Commission Minutes -3— August 3August 6, 2015 ♦�Ai City Of ��KYbeatkjAe ITYEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: August 6, 2015 CASE NO. & NAME: WZ- l 5-03/Carlson ACTION REQUESTED: Approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) LOCATION OF REQUEST: 4901 Marshall PROPERTY OWNER: APPROXIMATE AREA: LSC Denver Colorado, LLC 6.5 acres PRESENT ZONING: Industrial -Employment (I -E), Commercial -One (C-1) and, Agricultural -One (A-1) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION 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 Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street. The zone change is the first step of the process for approval for redevelopment of this site under I -E zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located in the northeast quadrant of the city at 4901 Marshall Street. The site is about 6.5 acres in size, is comprised of two parcels and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I- E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). (Exhibit 2, Zoning Map) The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across I-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south of the site and across Marshall Street to the east are several commercial properties zoned C-1; these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. (Exhibit 3, Aerial Photo) The site is currently unoccupied. Most recently it was used by Copper Fields events center for private events, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point at which a paved parking area surrounds the former event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. (Exhibit 4, Land Survey Plat) The property has a grade change of about 20' from the southeast corner of the site to the north. It is outside of the regulatory 100 -year floodplain. (Exhibit 5, Site Photos) Planning Commission 2 WZ-15-03/Carlson III. PROPOSED ZONING The applicants are requesting the property be rezoned to Industrial -Employment (I -E), a zone district intended to provide light industrial and commercial uses that support employment. The property currently has three separate zonings on it — C-1, I -E and A-1. The C-1 zoning allows office, service and retail. The A-1 zoning has a very limited use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The applicants intend on building an office/mini-warehouse facility on the property. Office/mini- warehouses are a permitted use in the I -E zone district but not in the C-1 and A -I zone districts. The following table compares the existing and proposed zoning for the property. Development A-1 zoning C-1 zoning I -E zoning Standard Uses Single family Commercial uses Commercial and residential and (office, service and light industrial uses fanning retail) — no light including mini - industrial or mini- warehouses uses warehouses Architectural None Determined by Determined by Standards Architectural and Architectural and Site Design Manual Site Design Manual (ASDM) (ASDM) Max. Building Height 35' 50' 50' Max. Lot coverage 40% 80% 80% Min. Landscaping N/A 20% 15% Min. Front setback 1 30' 30'/50' 10' If the rezoning is approved, the applicants would then submit for administrative site plan review. The design for the property would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The 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. Planning Commission WZ-15-03/Carlson 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 C-1 and I -E zone districts have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. The portion zoned A-1 is at a location on the site where it would be difficult to build due to topography. 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. All responding agencies have indicated they can serve the property with improvements installed at the developers' expense. Prior to issuance of a building permit, an administrative site plan review application will be required and referred to all impacted utility and service agencies Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one l 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. 46 i m lects ►', 1 Arvada ZONE dswo _:L :Oi ri o Planning Commission WZ- 15-03/Carlson Excerpt, from Envision Wheat Ridge Structure Plan Employment Property location 4 Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as an Employment zone, which is a designation intended to support existing industrial uses and encourage redevelopment. Goals met with the proposal include the redevelopment of underutilized commercial and industrial space with denser, high quality development. Another goal is for retention and diversification of opportunities for local employment and promotion of new primary employment. 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. Staff has not found any evidence of an error with the current I -E, C-1 or A-1 zoning designations as they appear on the City are 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. This is an area of the city that has historically been used industrially. It is comprised of a variety of uses including contractor offices, storage yards and auto body repair facilities. Many of these properties were developed in Jefferson County prior to incorporation of the City. The proposed redevelopment of 4901 Marshall Street could act as a catalyst for additional redevelopment and property investment in the area. A zone change will consolidate the zoning on the property and prepare it for redevelopment. 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 Comprehensive Plan recognizes the need for upgraded industrial space. Construction of office and mini -warehouse facility will support existing industrial operations and promote incubator and start-up operations. In addition, the western portion of Jefferson County is lacking light industrial space which provides primary and secondary employment opportunities. The proposed development will help fill this gap. Additionally, the proposed storage facility is an Planning Commission 5 WZ-15-03/Carlson identified need in the growing Denver market and is appropriate near an interstate highway. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on April 8, 2015. One neighbor attended and the proposed zone change and development scenario were discussed. (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: Supports the rezoning and development of the property. Wheat Ridge Fire Protection District: Can serve the property with improvements installed at the developers' expense to be assessed at the time of site plan review. Wheat Ridge Public Works: Has reviewed a preliminary traffic report. A drainage plan and report will be required to be reviewed as part of the site plan process. Wheat Ridge Sanitation District: Can serve the property with an existing 8" main line in Marshall. A lift station may be required. Xeel Energy: No objections, Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change will consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. Planning Commission 6 WZ-15-03/Carlson Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-03 VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request." Option B• "I move to recommend DENIAL of Case No. WZ-15-03, a request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment I -E) for property located at 4901 Marshall Street, for the following reasons: 1. 2. ...,, Planning Commission 7 WZ-15-03/Carlson Exhibit 1 — Applicant letter construction company, inc. 909 East 62nd Avenue - Denver. Colorado 80216 - 303.287.5525 - Fax 303.287.3697 - www.dr-bl.com Written Request and Description of Proposed Change of Zone DEVELOPER: Carlson Associates, Inc. Contact: Clay Carlson P.O Box 247 Eastlake, CO 80614 LOCATION: 4901 Marshall St. Wheat Ridge, CO 80033 DATE: June 18, 2015 The site located at 4901 Marshall St is currently zoned Commercial -One (C-1), Agricultural -One (A-1), and Industrial -Employment (I -E). The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The A-1 zone district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi -rural or agricultural setting. The I -E district is established to allow light industrial and commercial uses that support employment. The majority of the site area is currently zoned I -E with the remaining amount zoned C-1 and A-1. Consolidating the sites zoning into a single zoning type will allow the site to be fully utilized and eliminate ancillary spaces that impede the viability of the site. The I -E zone district allows both mini -warehouses and office/warehouse flex space. At the direction of the staff of the City the property would be rezoned to Industrial Employment (I -E). The City's comprehensive plan, Envision Wheat Ridge, identifies the area as "Employment." This designation calls for light industrial uses including manufacturing, storage, and warehouse. The proposed use for this site is 'private -start up' office/warehouses with a combination of individually rentable self -storage units. The 'start-up' office component of the site will provide small businesses with storefront office space for their employees and clients. Their equipment, tools, etc. will be stored on site with them, behind their office space. The entrepreneurial programming of these office spaces with their associated warehousing meshes very well with the cities "Employment" designation. This program coupled with the allowable use of self storage under the I -E zone district creates a property that fully capitalizes on the site; providing employment, business, and revenue for the city while simultaneously giving residents a place to keep their possessions within their community. The adjacent zoning area of C-1 to the east and south and Interstate 70 and 76 border the site to the north and west will integrate with the proposed rezoned area. The new development will raise the standard of the existing site with a forward looking architecture that compliments and responds to its neighborhood, Wheat Ridge, and the Rocky Mountain region. Nearby residential neighborhoods will be able to utilize the new development and benefit from it due to its close proximity by reducing commuting to other areas. As shown in the June 9" Traffic Impact Study conducted by LSC, the existing road network and Marshall Street is fully capable of handling the nominal increase of traffic volume well into the year 2035. Utilities are currently installed on site and were used for the now closed Copper Fields Event Center. These existing utilities should be sufficient for the new development. The new projects impact will not exceed the burden of resources previously placed on the city by Copper Fields but should be below them. The proposed redevelopment of 4901 Marshall Street will bring life and beauty back to the now derelict lot, providing excellent resources for the citizens of Wheat Ridge. It's integration of use with the surrounding neighborhood and generation of new businesses will benefit all in the community. Planning Commission 9 WZ-15-03/Carlson Exhibit 2 — Zoning Map Planning Commission 10 WZ-15-03/Carlson Exhibit 4 — Property Survey See enclosed l 1 x 17 survey. Planning Commission 12 WZ-15-03/Carlson lA I SIA 513 I 191) 15. 13d) END. ./4 SEC 13 3.25" ALUMINUM CAP I OA' DOWN IN MANGE BOX , 1 COLORADO DEPT. OF TRANS. REC. NO, 79086108 I I I I I N s S IA 513 513 51/ P135 R69W W I L� 191A JS±' Y MON P.O.C. FND. SW COR SEC 13 3.25" BRASS CAP 0.5' DOWN IN RANGE BOX Know N co EXHIBIT 4 MAP LEGEND ' ILM.Y T pQ 1 WAVER VAV ® I—A. M 11 CURBINIII ® STCMMMAN.OIf O [*HTMF pLGN cDMMUNiCAT N MAN.OIf POWERPOIE -1 ANCHOR PROPERTVCORNER . SEi RS REfMR WIT. RED PIASELC CAP SIAMPEO'PCAPET l5 31311' (EXCEPT AS S.OWNI SECTICMCDIMEP ROUNMRV IME ` ADIACENT/OUNOMYIINE – – SE ---f kASEMEN1 UK UNDERGROWID ELEURK IME - rs- CMSlM[ -3.w- SANRAXVLME •-++•- STORM UM Rw- WATER UNE xBEN( WLIN[ T11111 FND. 51/0 SEC 13 3.25" BRASS CAP 0.4' DOWN IN RANGE BOX L N N w U < � w C rn Exhibit 5 — Site Photos Looking west into the site with the existing structure and billboard in the background Looking north across the existing parking lot with auto body shop in the background Planning Commission 13 WZ-15-03/Carlson Looking southeast towards 1-70 at the parcel currently zoned A-1 Looking east at the existing driveway to Marshall Street Planning Commission 14 WZ- 15-03/Carlson Exhibit 6 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: April 8, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 29`x' Avenue Wheat Ridge, CO 80033 4901 Marshall Street LSC Denver Colorado, LLC No Kent Carlson Kentna.Carlsonland.net Industrial -Employment (I -E), Commercial -One (C-1), Agricultural -One (A-1) Employment Existing Site Conditions: The property is located in the northeast quadrant of the city at 4901 Marshall Street. The site is about 6.5 acres in size and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I -E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across I-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south Planning Commission 15 WZ-15-03/Carlson of the site and across Marshall Street to the east are several commercial properties zoned C-1— these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. The site is currently unoccupied. Most recently it was used by Copper Fields events center for private events, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point at which a paved parking area surrounds the primary event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. The property has a grade change of about 20' from the southeast corner of the site to the north. It is outside of the regulatory 100 -year floodplain. Applicant/Owner Preliminary Proposal: The applicant is requesting a zone change to Industrial- Employment to consolidate and expand uses for the property. One of the permitted uses being considered is an office/ mini -warehouse development. Attendance from the neighborhood: One person from the neighborhood was in attendance: Tom Abbott – property owner of 4909 Marshall Street. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, 1 member of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change and a proposed redevelopment scenario for the property. • The attendee was informed of the process for a zone change. • The attendee was informed of his opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • Why isn't a more commercial zoning and development being proposed? The property is designated as employment on the Comprehensive plan and while mini - warehouses don't provide a lot of jobs, they do support small business uses. Also, retail uses would likely be unsuccessful due to access difficulties. Planning Commission 16 WZ-15-03/Carlson The developer owns several mini -storage facilities in the metropolitan area. Who are your typical users? There are a variety of users who rent space including people in housing transition, small businesses and retailers who don't have enough room for storage, contractors and start- up manufacturers. • Do you ever condominiumize and sell individual units? No. The one attendee is an adjacent land owner and indicated support for the proposal. No written correspondence was received regarding the neighborhood meeting notice. Planning Commission 17 WZ-15-03/Carlson City of /"j W heat idge MUNny DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'"' 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)) July 21, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-03, a request for approval of a zone change from three zone districts to one (I -E, C-1 & A-1 to I -E) for property located at 4901 Marshall Street. 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: Plannine Commission August 6.2015 (a 7.00 p.m. City Council September 28.2015 na 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. Ifyou need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. www.d.wheatridge.co.us CURRENT RESIDENT/TENANT 00000 CLR CRK & ST HWY 72 WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04861 LAMAR ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04900 MARSHALL ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 06400 W 48TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04760 NEWLAND ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04870 MARSHALL ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04901 MARSHALL ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04800 LAMAR ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04880 MARSHALL ST WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04909 MARSHALL ST WHEAT RIDGE, CO 80033 NOMAD LAWN & PROPERTY MODERN DESIGN MAINTENANCE LLP CONSTRUCTION INC % HENSLEY 02530 E 110TH PL 00032 SKYLINE DR NORTHGLENN, CO 80233 WHEAT RIDGE, CO 80215 MARTINEZ, ANTHONY M. MARTINEZ, DEBRA L. 04750 MARSHALL ST WHEAT RIDGE, CO 80033 ROYAL INVESTMENT ENTERPRISES LLC 04896 MARSHALL ST WHEAT RIDGE, CO 80033 THOMPSON, JAMES P. THOMPSON, SANDRA L. 06411 W 47TH PL WHEAT RIDGE, CO 80033 ABBOTT, THOMAS L. ABBOTT, ISABEL I 10780 W 35TH AVE WHEAT RIDGE, CO 80033 THOMPSON, JAMES PRESTON THOMPSON, SANDRA LENORE 04761 MARSHALL ST WHEAT RIDGE, CO 80033 KIPER, LLOYD R. KIPER, PENNY A. 04949 MARSHALL ST WHEAT RIDGE, CO 80033 DEWITT, RICK R. 06757 W WOODS CIR ARVADA, CO 80007 EDPEARL LLC 22993 VALLEY HIGH RD MORRISON, CO 80465 OSBORN, DONALD CARL OSBORN, JANICE F. 02927 BENTON ST WHEAT RIDGE, CO 80214 B & B HEATING AND AIR CONDITIONING INC 04892 MARSHALL ST WHEAT RIDGE, CO 80033 LSC DENVER COLORADO LLC 05570 DTC PKWY GREENWOOD VILLAGE, CO 80111 KIPER, LLOYD R. KIPER, PENNY A. 08705 ELMHURST AVE LITTLETON, CO 80128 ROYA ESTMENT ROYAL V STMENT KIPER LLOYD R ENTER ISES LLC ENTERPR S LLC KIPER PENNY A 04896 SHALL ST 04896 MA ALL ST 04949 MARSHALL ST WHEA R GE, CO 80033 WHEAT D E, CO 80033 WHEAT RIDGE, CO 80033 LSC DENVER COLORADO LLC LSC DEE COLORADO LLC THOMPSON JAMES P 05570 DTC PKWY 05570 DT KWY THOMPSON SANDRA L GREENWOOD VILLAGE, CO GREENW D VILLAGE, CO 06411 W47TH PL 80111 80111 WHEAT RIDGE, CO 80033 DEWITT RICK R CITY OFEAT RIDGE KIPER LLOYD R 06757 WWOODS CIR 07500 W29 H AVE KIPER PENNY A ARVADA, CO 80007 WHEAT GE, CO 80033 08705 ELMHURST AVE LITTLETON, CO 80128 ABBOTT THOMAS L ABBO T OMAS L EDPEARL LLC ABBOTT ISABEL I ABBOTT ABEL 1 22993 VALLEY HIGH RD 10780 W35TH AVE 10780 W3 TH AVE MORRISON, CO 80465 WHEAT RIDGE, CO 80033 WHEAT GE, CO 80033 EDPEA LLC EDPEA L LC EDPEA LC 22993 V LEY HIGH RD 22993 V LEY HIGH RD 22993 V LEY HIGH RD MORR , CO 80465 MORRIS , CO 80465 MORRIS CO 80465 EDP L LLC EDPE LLC EDPEA R C 2299 ALLEY HIGH RD 22993 LLEY HIGH RD 22993 VA EY HIGH RD MO SON, CO 80465 MORR N, CO 80465 MORRIS , CO 80465 EDPEA LLC EDPXA LLC EDPEA LLC 22993 V LLEY HIGH RD 2299LEY HIGH RD 22993 LLEY HIGH RD MOR S N, CO 80465 MORN, CO 80465 MO IS N, CO 80465 EDPEA LLC EDPEA LLC EDPEA LC 22993 V LLEY HIGH RD 22993 V LEY HIGH RD 22993 V LEY HIGH RD MOR S , CO 80465 MORR O , CO 80465 MORR O , CO 80465 EDP R LLC EDPEAR LLC EDPEAR L 22993 LLEY HIGH RD 22993 V LEY HIGH RD 22993 VA Y HIGH RD MORR N, CO 80465 MORR , CO 80465 MORRISO , CO 80465 EDPE LLC EDPEAR LC EDPEARL 22993 LLEY HIGH RD 22993 V LEY HIGH RD 22993 VAL Y HIGH RD MO ION, CO 80465 MORRI O , CO 80465 MORRISO , CO 80465 Z City of Wh6atPs,,.Ldge POSTING CERTIFICATION CASE NO. VZ-1-6.3�1,9//do� PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: O-6 rs 1, fi � //IsC,2- 4-- (name) residing at (address A°^ as the applicant for Case No. Gl/Z�/S-o� hereby certify that I have posted the Notice of Public Hearing at SSD G �/ Zp T_� /� 0-4—, " s/L �W 4, (location) on this eJ , day of , 20_1,5' , and do hereby certify that 417 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. Wheat j�idge 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. City of 'Wteat �ge PUBLIC RKS Memorandum TO: Meredith Reckert, AICP, Senior Planner FROM: Mark Westberg, PE, CFM, Project Supervisor DATE: July 24, 2015 SUBJECT: 4901 Marshall Street Traffic Impact Study — June 9, 2015 — 1" Review I have completed my review of the Traffic Impact Study dated June 9, 2015 for the proposed redevelopment of 4901 Marshall Street. I have the following comments regarding this submittal: 1. Land Use and Access — The first sentence states that the proposed land use includes both office/warehouse and self -storage units. The second sentence states that only the self -storage units are included in the calculations. The remainder of the study is also based solely on the self -storage unit land use. 2. Figure 2 — Site Plan — The driveway should be shifted to the south to better line up with 491h Avenue. 3. Figure 6 — A "50%" label is shown on 47`" Place south of I-70. 91 City of � Wheatpidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 July 16, 2015 Ryan Rogers dcb Construction, Inc 909 E. 62nd Avenue Denver, CO 80216 Dear Mr. Rogers This letter is in regard to your request for approval of a zone change from Industrial -Employment (I -E), Commercial -One (C-1) and Agricultural —One (A-1) to Industrial- Employment (I -E) 4901 Marshall Street. Your request was sent out for referral and the following comments were received: Wheat Ridge Sanitation District. See attached correspondence from Bill Willis dated June 29, 2014. Wheat Ridge Fire Protection District: See attached correspondence from Kelly Brooks dated July 14, 2015. Wheat Ridge Public Works: See attached comments. from Dave Brossman dated July 10, 2015 Xcel Energy: See attached correspondence, from Donna George dated July 7, 2015. Other items of note: 1. This case is scheduled for Planning Commission public hearing on August 6, 2015. Posting signs will be available for pick-up the week of July 20 and must be posted no later than July 23. 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 August 24, 2015, for the first reading and September 28, 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 �%i%%%A.i% heatridge.co.us Wheat Ridge Sanitation District 7100 West 44th Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 June 29, 2015 Meredith Reckert City of Wheat Ridge Community Development 7500 W. 29`h Avenue Wheat Ridge, Colorado Email: mreckert(o)ci.wheatridge.co.us Re: WRSD — WZ-15-03 — 4901 Marshall Street Martin/Martin, Inc Project No.: 17456.C.01 Dear Ms. Reckert, On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as District Engineer, offers the following in response to the referral dated June 26, 2015 concerning a zone change for the property at 4901 Marshall Street. The property is intended to change to an Industrial Employment zone. 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 Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Existing Sanitary Sewer Mainline Locations A private mainline located to the north of the property services the existing property that flows to a private lift station and then discharges into the WRSD collection system. WRSD has an 8 -inch sanitary mainline running south to north within Marshall Street that is located to the east of the referenced property. If any changes to the service are planned, the owner/developer is responsible for determining depths of the existing sanitary sewer main to verify if gravity flow is feasible from the District mainline within Marshall Street or if a private individual sewage ejector (lift station) is required, which is currently existing. As the previous area was serviced by a lift station, it is assumed gravity flow to the mainline within Marshall Street is not feasible. Certified documentation indicating the amount of flow and rate of flow that any new building, or changes to existing building(s), will contribute to the sanitary system is required to initially evaluate if the existing sanitary sewer services are sized adequately. Depending on values of anticipated flow, the Owner/Developer may be required to evaluate downstream sanitary mainline capacity to show the anticipated peak flows can be accommodated by the existing main. If the existing mains are required to be upsized, the upsizing cost will be the responsibility of the owner/developer. 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 Wheat Ridge Sanitation District, which also collects Metro Wastewater's "connection fees". Wheat Ridge Sanitation District 7100 West 44th Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 If you have any questions, please do not hesitate to contact Ms. Sue Matthews during regular office hours, 8:30 am to 12:30 pm, or Bill Willis, MARTIN/MARTIN Consulting Engineers, 303-431-6100. Sincerely, Bill Willis District Engineer MARTIN/MARTIN, Inc. Cc: Sue Matthews — Wheat Ridge Sanitation District WHEAT RIDGE FIRE PROTECTION DISTRICT UUING IHE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.5900 * www.wrfire.org DIVISION OF FIRE PREVENTION July 14, 2015 Meredith Reckert City of Wheat Ridge Community Development 7500 West 2911' Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: 4901 Marshall Street - WZ-15-03/Carlson The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has the following comments regarding our ability to serve this property: 1. A Commercial Site Planning Guide is attached and should be provided to the applicant. All requirements established in the Commercial Site Planning Guide, as well as the 2012 International Fire Code and IFC amendments adopted by the City of Wheat Ridge shall be met unless approved by the Division of Fire Prevention. 2. While we have no concerns regarding our ability to serve the property, specific site requirements including water supply/hydrant locations, site access, building configuration, site infrastructure, etc, may require fire department review and approval. The applicant is encouraged to request fire department input at the earliest reasonable opportunity. 3. The applicant should be made aware that the proposed project may require one or more of the following Fire Department permits: Fire District building permit Fire alarm system permit Sprinkler system permit It is the responsibility of the property owner/tenant to verify that all required Fire Department permits are acquired. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District SITE PLANNING GUIDE FOR COMMERCIAL OCCUPANCIES Division of Fire Prevention 12012 IFC Revised: November 3, 2014 WHEAT RIDGE FIRE PROTECTION DISTRICT INTEGRITY • COMPASSION • SACRIFICE • RESPECT • STEWARDSHIP 3880 Upham St., Wheat Ridge, CO 80033 a www.wrfiire.org • ph.303.403.5900 General Information Signage Private Street Signs Building Address Numbers Table of Contents K 2 Fire Apparatus Access Roads 3 - Additional Access ----- - ----- - —_ --.—..-------_ - - Dimensions- Public and Private Streets - Dimensions- Private Drives - Commercial and Industrial Developments - Remoteness - Aerial Fire Apparatus Access Roads - Fire Apparatus Access Road Widths - Vertical Clearances - Authority - Surface - Access and Loading - Bridges and Elevated Surfaces - Dead End Fire Apparatus Access Roads - Turning Radius Fire Apparatus Access Road Grades Marking of Fire Apparatus Access Roads Water Supply and Fire Flow 6 - Where Hydrants are Required - Water Supply of Fire Protection - Fire Flow Calculation Area - Minimum Required Fire Flow - Reductions in Minimum Required Fire Flows - One and Two Family Dwellings - Buildings Other Than One and Two Family Dwellings Fire Hydrant Spacing - Location and Spacing of - Sprinkler or Standpipe Systems and Hydrant Location Fire Hydrants and Installation 7 - Obstruction -- - Clear Space Around Fire Hydrants - Physical Protection - Other Barriers Fire Protection Systems __ $ - Underground Lines for Fire Protection Systems - Backflow Prevention - Fire Department Connection Locations - Access to Fire Department Connections - Locking Fire Department Connection Caps Utilities 9 --------- --- — --- ---- ------ -- -- — --- --- . Electrical Rooms - Gas Meters Subject to Vehicular Damage - Other Barriers Miscellaneous Features _____ _......... _...... .--__-9 Key Boxes __._ -........ - - Locks WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention General Information This site planning guide for commercial occupancies is based upon the 2012 International Fire Code and the 2012 International Building Code as amended and adopted by the City of Wheat Ridge. For site plan purposes, commercial occupancies include all buildings other than one and two family dwellings and townhomes as classified by the International Residential Code. This guide has been prepared for use within the boundaries of the Wheat Ridge Fire Protection District that have adopted the 2012 International Fire Code. This information is intended to be used as a guide for site planning purposes and is not intended to be inclusive of all code requirements. Additional requirements based upon the International Fire Code as amended may be applicable once a site plan submittal has been reviewed by the Division of Fire Prevention. Signage Streets and roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. Street signs, temporary or permanent, shall be installed prior to above grade construction. (IFC 12 505.2) Private Street Signs. The installation of street signs shall be the responsibility of the developer. Street signs shall meet the requirements of the Model Traffic code. The street sign design shall be approved by the Division of Fire Prevention prior to installation. (IFC 12 505.2) Building Address Numbers. New buildings shall have approved address numbers, building numbers or approved building identification placed upon the building in a position that is plainly legible and visual from the street or roadway fronting the property. The address numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numerals or alphabet letters. Address or building identification numbers shall be a minimum height of not less than four (4) inches, and with a minimum stroke width of not less than 0.5 inches. (IFC 12 505.1) Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. (IFC 12 505.1) 2 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Fire Apparatus Access Roads Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into the Wheat Ridge Fire Protection District. The fire apparatus access road shall comply with the requirements of the fire code and shall extend to within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. (IFC 12 503.1.1) Exception: The fire marshal or designated representative is authorized to increase the dimension of one hundred fifty (150) feet where: 1. The building is provided throughout with an approved automatic sprinkler system installed in accordance with the fire code. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies. Additional Access. The fire marshal is authorized to require more than one fire apparatus access road based upon the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (IFC 12 503.1.2) Dimensions- Public and Private Streets. Public and private streets that are used for fire apparatus access shall have an unobstructed width that meets the dimensions and parking restrictions as set forth by the Street Standards adopted by the City of Wheat Ridge; and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (IFC 12 503.2.1 amended) Dimensions- Private Drives. Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-six (26) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (IFC 12 503.2.1.1 amended) Commercial and Industrial Developments. Buildings of facilities exceeding thirty (30) feet or three stories in height shall have at least two means of fire apparatus access for each structure. (IFC 12 D104.1) Buildings or facilities having a gross building area of more than sixty-two (62) thousand square feet shall be provided with two separate and approved access roads. Exception: Projects having a gross building area of up to 124,000 one -hundred -twenty-four thousand square feet that have a single approved fire apparatus access road when all buildings are equipped throughout with an approved automatic sprinkler system. (IFC 12 D104.1) 3 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. (IFC 12 D104.3) Aerial Fire Apparatus Access Roads. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. (IFC 12 Appendix D105.1) Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. (IFC 12 Appendix D105.2) At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. (IFC 12 D105.3) Authority. The fire marshal shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (IFC 09 503.2.2) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of eighty five thousand (85,000) pound fire apparatus and shall be surfaced in a manner that provides all-weather driving capabilities. (IFC 12 503.2.3) Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 85,000 pounds. (IFC 12 D102.1 amended) Bridges and Elevated Surfaces. Where a bridge or elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHITO HB -17 and City Engineering Standards. Bridges and surfaces shall be designed for a live load of a minimum of eighty five thousand (85,000) pound fire apparatus. Vehicle load limits shall be posted at both entrances to bridges. Where elevated surfaces which are not designed as for use of fire apparatus, approved barriers, approved signs or both shall be installed and maintained when required.(IFC 12 503.2.6) 4 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Dead End Fire Apparatus Access Roads. Dead end fire apparatus access roads in excess of one hundred fifty (150) feet in length shall be provided with an approved area for the turning around of fire apparatus. (IFC 12 503.2.5) TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH (feet) (feet) TURNAROUNDS REQUIRED 0-150 20 None required 120 -foot Hammerhead, 60 -foot "Y" or 151-500 20 96 -foot -diameter cul-de-sac in accordance with Figure D103.1 120 -foot Hammerhead, 60 -foot "Y" or 501-750 26 96 -foot -diameter cul-de-sac in accordance with Figure D103.1 Over 750 Special approval required Turning Radius. The required turning radius for fire apparatus shall be a minimum of 50.5ft outside radius and 38.1ft inside radius. In addition, the outside radius is 53.6' when accounting for the front bumper overhang and is 55.8ft when accounting for the boom platform overhang. (IFC 12 503.2.4 amended) 96' 28' R TYR, 28' 88' DIAMETER CUL-DE-SAC 601 I U60, IrWy 28' R TYP.' 120' HAMMERHEAD 20'-:1- 26' 20'-T 20' MINIMUM CLEARANCE AROUND A FIRE HYDRANT 28'R TYP.' TO 20'T ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND Fire Apparatus Access Road Grades. The grade of fire apparatus access roads shall be within the limits established by Wheat Ridge Fire Protection District Standards. (IFC 12 503.2.7) 5 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Marking of Fire Apparatus Access Roads. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (IFC 12 503.3) Water Supply and Fire Flow Where Hydrants are Required. Where a portion of a facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (90m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building. Onsite fire hydrants and mains shall be provided were required by the fire code official. Exception: For buildings equipped throughout with an approved automatic sprinkler system in accordance with section 903.3.1.1 or 903.3.1.2 the maximum distance requirement shall be 500 feet (150 meters). (IFC 12 507.5. 1) Water Supply for Fire Protection. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. (IFC 12 3312.1) Water lines shall be installed and looped in accordance with the Water District of jurisdiction standards. Fire Flow Calculation Area. The fire flow calculation area shall be the total floor area of all floors within the exterior walls, and under the horizontal projections of the roof of a building except as modified in Section B104.3. (IFC12 B104.1) The fire flow calculation area of buildings constructed of Type IA and Type IIB construction shall be the area of the three largest successive floors.(IFC 12 B104.3) Minimum Required Fire Flow. The procedure for determining fire -flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with appendix B and Table B105.1 (IFC 12 Appendix B). A copy of Appendix B and Table B105.1 is available upon request from the Division of Fire Prevention. Reductions in the Minimum Required Fire Flow Area Separations. Portions of buildings which are separated by two (2) hour fire walls without openings, constructed in accordance with the 2012 International Building Code are allowed to be considered as separate fire flow calculations. (IFC 12 13104.2) One- and two-family dwellings. The minimum fire -flow and flow duration requirements for one- and two-family dwelling having a fire -flow calculation area that does not exceed 3,600 square -feet shall be 1,500 gallons per minute for 1 hour. Fire -flow and flow duration requirements for one- and two-family dwelling having a fire -flow calculation area in excess of 3,600 square -feet shall not be less than that specified in Table 6 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention B105.1. Exception: A reduction in required fire -flow of 50 percent, as approved by the fire code official, is allowed when the building is equipped with an approved automatic fire sprinkler system (IFC 12 B105.1 amended). Buildings other than one- and two-family dwellings. The minimum fire -flow and flow duration requirements for buildings other than one- and two-family dwellings shall as specified in Table B105.1. Exception: A reduction in required fire -flow of 50 percent, as approved, is allowed when the building is equipped with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire -flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.1 (IFC 12 B105.2 amended). Fire Flow Test Information. Contact the Water District of jurisdiction to obtain fire flow test information and test data. (IFC 12 B105.2 Fire Hydrant Spacing Location and spacing of hydrants. Fire hydrants shall be provided along required apparatus access roads and adjacent public streets with spacing between hydrants no greater than 300 feet. Fire hydrant spacing for complexes or subdivisions shall not exceed 300 feet. (IFC 12 507.5.1.2 amended) Fire hydrant locations shall be approved by the appropriate Water District of jurisdiction and the Division of Fire Prevention. Hydrant for sprinkler and standpipe systems. Buildings equipped with a sprinkler and/or standpipe system installed in accordance with section 903 or 904 shall have a fire hydrant within 150 feet of the fire department connection. (IFC 12 507.5.1.1 amended) Fire Hydrants and Installation Fire hydrants shall be installed in such a manner that the four and one half (4-1/2) inch discharge nozzle on the fire hydrant is a minimum of eighteen (18) inches above finished grade in accordance with the Water District of jurisdiction standards. Fire hydrant discharge nozzle threads shall be in accordance with the Water District of jurisdiction standards. Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. (IFC 12 507.5.4) Clear Space Around Fire Hydrants. A 3 -foot clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. (IFC 12 507.5.5) 7 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Physical Protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312. (IFC 12 507.5.6) Other barriers. Physical barriers shall be a minimum of 36 inches in height and shall resist a force of 12,000 pounds applied 36 inches above the adjacent ground surface. (IFC 12 312.3) Fire Protection Systems For information on sprinkler or standpipe systems that may be required by the International Fire and Building Codes or required for access, fire flow requirements for water supply, please contact the Division of Fire Prevention or the City Building Department. Underground Lines for Fire Protection Systems. Underground fire lines and water lines shall be adequately sized for the sprinkler system design density and required inside and outside hose streams. Underground contractors shall be licensed with the Colorado Division of Fire Safety and the Water District of jurisdiction. Underground fire line design and installation will need to be approved and inspected by the Water District of jurisdiction. The two -hundred (200) pound hydrostatic two (2) hour test shall be witnessed by the Division of Fire Prevention. (IFC 12 507.5.3) Back Flow Prevention. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. Back flow prevention shall be installed on all new sprinkler and standpipe systems. (IFC 12 903.3.5) 1. Double Check back flow prevention devices may be installed for sprinkler and standpipe systems without chemicals. 2. Reduced Pressure back flow prevention shall be installed on sprinkler and standpipe systems using anti -freeze or chemicals. Please contact the Water District of jurisdiction for installation and type of back flow prevention that is approved for installation. (IFC 12 912.5) Fire Department Connection Locations. The fire department connection serving a sprinkler or standpipe system shall be located on the front of the building or as approved by the fire marshal. A fire department connection serving a sprinkler or standpipe system shall be installed at a minimum height of not less than three (3) feet nor more than four (4) feet above finished grade. (IFC 12 903.3.7) Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control a�� WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. (IFC 12 903.1.2 amended) Access to Fire Department Connections. Immediate access to fire department connections shall be provided and maintained at all times and without obstruction by fences, bushes, trees, walls, or any other object for a minimum of three (3) feet. (IFC 12 912.3) Locking Fire Department Connection Caps. Locking Knox fire department connection caps shall be provided on fire department connections for water-based fire -protection systems. (IFC 12 912.3.1) Utilities Electrical room Labeling. Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording. The disconnecting means for each service, feeder or branch circuit originating on a switchboard or panel board shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. (IFC 12 605.3.1) Gas Meters Subject to Vehicular Damage. Gas meters that are subject to vehicular damage shall be adequately protected by posts or other approved barriers that comply with the fire code. (IFC 12 312.1) 1. Constructed of steel not less than 4 inches in diameter and filled with concrete. 2. Spaced not more than 4 feet between posts on center. 3. Set not less than 3 feet deep in a concrete footing of not less than a 25 -inch diameter. 4. Set with the top of the posts not less than 3 feet above the ground and located not less than 3 feet from the protected object. Other barriers. Physical barriers shall be a minimum of thirty-six (36) inches in height and shall resist a force of twelve (12,000) pounds applied thirty-six (36) inches above the adjacent ground surface. (IFC 12 312.3) Miscellaneous Features Key Boxes. Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes a key box is required to be installed in an approved location. The key box shall be a "Knox' Brand key box and shall contain keys to gain necessary access as required by the fire code official. (IFC 12 506.1) Locks. An approved lock shall be installed on gates or similar barriers when required by the fire code official. (IFC 12 506.1.1) 9 1 P a g e City of "� W heat Riidge_ PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: July 10, 2015 SUBJECT: WZ-15-03/Carlson, 4901 Marshall Street Re -Zone I have completed my review for the request to rezone the property at 4901 Marshall Street from Industrial- Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) received on June 26, 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 requirements or comments pertaining to the rezoning request. 2. Subsequent to the rezone, should that be approved, the following requirements will pertain to the Site Plan / Plat submittal: a. Traffic Impact Study: Comments pertaining to the Traffic Impact Study will be forthcoming at a later date from Mark Westberg, P.E., under separate cover. b. Final Drainage Report: A Final Drainage Report signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required. The Report must describe how full stormwater flood attenuation detention incorporating water quality measures for the entire site will be achieved. Please refer to the City's Site Drainage Requirements for additional information. c. Civil Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for all improvements to be constructed, and including, but not limited to, curb, gutter and sidewalk, all drainage -related items such as detention ponds, outlet structures, drainageways or pans, grass swales or other water quality BMPs, etc. Include all applicable City standard details in the plans. Please note that per the Council - approved Bicycle and Pedestrian Master Plan (BPMP), this section of W. 481h Ave./Marshall St. is a 68' wide Right -of -Way. The BPMP typical section along this stretch of roadway consists of a 6' wide detached sidewalk, a 6'wide amenity zone, 2.5' vertical curb & gutter, 4' bike lane, 2-10' wide through lanes, and an l 1' wide middle turn lane (please refer to the attached detail). It is anticipated To Mere - 4901 Marshall_Carlson Re -Zone to IE Review-Ldocx Public Works Engineering July 10, 2015 Page 2 that this BPMP section will be centered on the existing pavement d. Itemized Engineer's Cost Estimate/Performance Guarantee: An itemized cost estimate must be submitted for review and approval for the public improvements associated with this project Upon approval of the cost estimate an associated performance guarantee for the approved amount plus 25% (125%) as required by the Municipal Code of Laws in the form of an Irrevocable Letter of Credit (ILOC) shall be required prior to recordation of the plat. e. Subdivision Improvement Agreement: A Subdivision Improvement Agreement (SIA) will be needed prior to recordation of the Final Plat. An ILOC in the amount of the above-mentioned approved itemized cost estimate for all public improvements will be referenced in the SIA. f. Stormwater Management Plan: A Stormwater Management Plan (SWMP) associated with the required CDPS Permit shall be submitted to the City of Wheat Ridge for review and approval prior to commencement of any construction activities. The CDPS Permit is generally obtained by the contractor at time of Building Permit Application. To Mere - 4901 Marshall_ Carlson Re -Zone Io IE—Review- I.docx XcelEnergysm PUBLIC SERVICE COMPANY July 7, 2015 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Carlson Rezone, Case # WZ-15-03 Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado (PSCo) has reviewed the request for the Carlson Rezone. Please be advised that PSCo has existing gas and electric 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 idge 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 26, 2015 Response Due: July 10, 2015 TI_ U vvnCaL Miuye UUrrnrnuniry ueveiopment uepartment has received a request for approval of a zone change from Industrial- Employment (I -E), Commercial -One (C-1) and Agricultural -One (A-1) to Industrial -Employment (I -E) for property located at 4901 Marshall Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-15-03/Carlson Request: For approval of a zone change from I -E, C-1 and A-1 to I -E. The property is the former home to the Copperfields Event Center and is 6.5 acres in size. An existing structure with a 9400 square foot footprint is located on the property. This structure is no longer being used. The applicant is requesting a zone change to Industrial- Employment to consolidate and expand uses for the property. One of the permitted uses being considered is an office/ mini -warehouse development. 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 and subdivision plat 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: Wheat Ridge Water District Wheat Ridge Sanitation District Wheat Ridge Fire District Colorado Department of Transportation AT&T Broadband Xcel Energy Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division "The Carnation Cite " Vicinity map "The Carnation City" C construction company, inc. 909 East 62nd Avenue • Denver. Colorado 80216 • 303.287.5525 • Fax 303.287.3697 • www.dcbl.com Legal Description DEVELOPER: Carlson Associates, Inc. Contact: Clay Carlson P.O Box 247 Eastlake, CO 80614 LOCATION: 4901 Marshall St. Wheat Ridge, CO 80033 DATE: June 18, 2015 Benchmark: City of Wheat Ridge Control Point #13809 being the southwest corner of Section 13, Township 3 south, Range 69 west of the 6th principal meridian, marked by a 3.25" brass cap in range box marked "LS 13212" Elevation: 5351.24' (NAVD 88) Legal Description: A parcel of land situated in the southwest one-quarter of Section 13, Township 3 south, Range 69 west of the 6th principal meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the southwest corner of the said southwest one-quarter of section 13 and considering the west line of said southwest one quarter to bear N00073'53"W with all bearing s herein relative thereto; Thence N22°52'47"E, a distance of 729.20 feet to the point of beginning, said point also being the southeast corner of a Colorado Department of Transportation (CDOT) parcel recorded at reception no. 79086148 and the northern most corner of a CDT parcel recorded at reception no.80069724 and the southwest corner of a parcel recorded at reception no.80057553; Thence continuing the same bearing along the southern boundary of said parcel recorded at reception no.80057553, N74044'32"E, a distance of 406.56 feet to the southwest corner of a parcel recorded at reception no.80057553; Thence continuing the same bearing along the southern boundary of said parcel recorded at reception no.80057553, N74044'32"E, a distance of 202.06 feet to a point on the westerly right- of-way for Marshall St.; Thence along said westerly righ-of-way on a non -tangent curve to the left having a radius of 919.44 feet through a central angle of 29049'08", an arc distance of 478.51 feet, having a chord which bears S17020'36"E, a distance of 473.13 feet; Thence S00°02'10"E, a distance of 282.14 feet to the northeast corner of a CDOT parcel recorded at reception no.80069724; Thence the following three (3) course along the northeasterly boundary of said parcel: 1. Continuing along the same bearing, N60°58'40"W, a distance of 358.60 feet; 2. N41 °10'10"W, a distance of 67.60 feet; 3. N29°47"55"W, a distance of 242.00 feet to the point of beginning. Containing 286,161 square feet or 6.570 acres, more or less. PLRNNING & PW Fax:3032352857 Rug 30 2005 10:07 F. U1 _J CERTIFICATE OF RESOLUTION i I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that -the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, -an the 10th day of October , 1996. CASE NO: WA -96-16 APPLICANT'S NAME: 314 National Advertising LOCATION: 4909 Marshall Street Upon motion by Board Member HOVLAND , seconded by Board Member JUNKER , the following Resolution was stated. WHEREAS, the applicant,was denied permission by an Administrative Officer; and WERM,'Board of Adjustment Application, Case No. WA -96--16 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS,. -the -property has been posted the required 15 days by law and there WERE No protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations.governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA -96-16 , be and hereby is APPROVED. TYPE OF VARIANCE: A 321-bi,llboard height variance to the 32' maximum allowed height PURPOSES To allow a-50' high billboard near Interstate 76 FOR THE FOLLOWING REASON; I.- The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. WITH THE FOLLOWING CONDITIONS: I. A certified stamped engineer's survey must be submitted with the building permit which calculates windload and shows the elevational relationships between nearby 1--76 and the property, PLANNING & PW Fax:3032352857 Rug 30 2Uu5 1u:Ub r. w h Case No. WA -96-16 Resolution Page 2 '2_ The re -designed billboard must comply with all other development regulations stated in Section 26-412 of the Wheat Ridge Code of Laws. 3. The billboard be oriented perpendicular to Interstate 76. VOTE: YES: Hovland, Junker, Mauro, Thiessen and Walker N0: Howard ABSTAIN: Echelmeyer DISPOSITION: Variance granted by a vote of 5-1, with Board .Member now= voting no, and Hoard Member ECHELMEYER abstaining. :ED this 10th day of October, 1996. ROBERT ER, Chairman Mar Chapla, Secretary Board of justment Board o Adjustment 4Rx4CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment CASE MANAGER: Travis Crane CASE NO. & NAME: WA-06-05/Copper Fields DATE OF MEETING: April 27, 2006 ACTION REQUESTED: Request for approval of an 18 -foot height variance to allow a 50 -foot tall billboard for property zoned Commercial One and Industrial. LOCATION OF REQUEST: 4901 Marshall Street APPLICANT (S): Copper Fields Land Holdings OWNER (S): Same 4901 Marshall St. Wheat Ridge, CO 80033 APPROXIMATE AREA: 296,002 sq. R. (6.79 ac.) PRESENT ZONING: Commercial One (C-1) & Industrial (I) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Loca Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of an 18 -foot height variance from the maximum allowable 32 -foot limitation. for billboards, resulting in a 50 -foot tall billboard (Exhibit 1, Letter of Request). H. CASE ANALYSIS Property History The property is currently zoned Commercial One (C-1) and Industrial (I), and contains an existing event center. The property previously contained a billboard at a height of 50 feet. There is no evidence of a variance granted to this billboard; it may have simply been constructed prior to incorporation of the City. This previous billboard was constructed by another advertising company. When the billboard lease expired, the previous billboard was removed. A variance was previously approved (Case No. WA -96-16) for the property directly to the north at 4909 Marshall Street, which allowed a 50 foot tall billboard facing the highway. Billboards Chapter 26, Article VII of the Code of Laws allows billboard structures in the `B-2" district; an area generally north of interstate 70. This property is located within the `B-2" district, therefore, a billboard structure is allowed. Article VII allows a maximum of sixteen billboards in the City of Wheat Ridge, all of which must be located within the `B-2" district. When the previous billboard lease expired, one billboard permit became available. Once an underlying billboard lease expires, one billboard permit becomes available on a first-come, first -serve basis. The applicant has applied for and received a building permit for the sixteenth billboard. The approved permit is for a billboard constructed at a height of 32 feet. If the variance request is approved, the billboard will be constructed at 50 feet. Request The property is 296,002 square feet in size, has an abnormal shape, and slopes severely from east to west. The applicant wishes to construct a new billboard to the south of the building, essentially re-establishing exactly what was previously there (Exhibit 2, Site Plan). The maximum size for a billboard is 672 square feet, and the billboard must meet setbacks for a primary structure in the zone district. The proposed billboard meets all size and setback requirements as specified in Chapter 26, Article VII of the Code of Laws. The property slopes severely from east to west, where a large embankment transitions to the highway right-of-way. There is an elevation change of 24.2 feet from the base of the proposed billboard to the west -bound traveling lane of the highway. Many mature trees are located on the embankment, which would make visibility of a conforming billboard almost impossible. Based upon the current height limitation of 32 feet, only the top 8 feet of the billboard would be visible from the highway if the trees were not present. The trees are located within CDOT right-of-way, and may not be altered or removed without consent of the Department. The applicant has included a number of photographs and photo -simulations which illustrate the grade change. These photos have been attached collectively as Exhibit 3. Board of Adjustment WA-05-13/Republic A letter of objection has been submitted from the advertising company which previously held the billboard lease on this property, and which operated a 50 -foot tall billboard on the property for a number of years. This letter has been attached as Exhibit 4. III. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The request has no effect on the underlying use of the property, as the event center may continue regardless of the location of a billboard on the property. If the request were denied, the property owner would lose additional income received from the billboard lease. 2. If the variance were granted, would it alter the essential character of the locality? If the request were granted, the character of the locality would not be altered. A variance was granted for the property directly to the north, which has an identical situation relating to grade change from the highway. A billboard previously existed on this property which was 50 feet tall. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot does have a unique shape. It slopes severely from east to west, and a large embankment exists on the western property line. There is a difference of approximately 24.2 feet from the location of the proposed billboard to the westbound traveling lane of the highway. This grade separation creates an unusual hardship, especially as it relates to a billboard. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? A person who has interest in the property has not caused the hardship. The hardship arises from the severe grade change on the western property line. In addition to the grade change, many mature trees cover the embankment, which further obscure visibility. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The request would not be detrimental to the public welfare. The adequate supply of light and air would not be compromised as a result of the request. The request would not Board of Adjustment WA-06-05/Copper Fields 3 increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would not result a benefit or contribution to the neighborhood, only the property owner. The request would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSION & RECOMMENDED MOTION (S) Upon review of the above request, staff concludes that the criteria are supportive of the request. Therefore, staff recommends APPROVAL for the following reasons: 1. The hardship has not been created by a person having interest in the property. 2. The hardship is created by a severe grade change and mature trees which would render a conforming billboard largely invisible. 3. Granting of the variance would not change or alter the character of the neighborhood. Board of Adjustment WA-06-05/Copper Fields 4 For the following reasons: DRAFT 1. The property may still receive a reasonable return in use. The property may still be used as a single-family residence without a need for variance - 2. The applicant has created the hardship by requesting a garage of this size and in this location. The perceived hardship simply does not rise to the level significant enough to allow the Board to approve the requested variance. 3. The request would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. 4. There are alternatives to construct a garage and meet the R-2 development standards, or lessen the degree of the variance requested. The motion for denial passed 5-2 with Board Member BELL and LINKER voting no. Chair BELL advised the applicant that his request for variance was denied. C. Case No. WA -06-05: An application filed by Copper Fields Land Holdings, LLC, for approval of a variance to the maximum allowable height for billboards under Section 26-711 for property zoned Commercial One and Industrial and located at 4901 Marshall Street. Board Member ABBOTT disclosed that he was acquainted with the applicant and his attorney through a business club relationship and that he had no financial or personal interest in the case before the Board. This case was presented by Travis Crane. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the variance for reasons outlined in the staff report. Board Member HOWARD asked how many billboards in Wheat Ridge were 50 feet or more in height.. Travis Crane replied that it is difficult to fairly ascertain height for all those billboards because so many are old. Three variances have been granted in the past 10 years to billboard height due to large grade change between highway and billboard. Three were denied in the past 20 years. Board Member BELL asked if the city has a period of time when a nonconforming use expires. Mr. Crane explained that the use may continue indefinitely unless that use is eliminated. To be replaced, it must then conform or Board of Adjustment _ 4 4-27-06 DRAFT have a variance. The original billboard was 50 feet in height but no record of variance or building permit could be found in city files. In response to a question from Board Member BLAIR, Mr. Crane stated that the trees in question were in CDOT right-of-way and that at a billboard height of 32 feet, only 8 feet would be visible from the highway. At this time, all individuals who wished to address this case stood and were sworn . in by Chair BELL. Tom Ripp Boatright, Ripp and Sharp Mr. Ripp, attorney for the applicant, stated that a variance is being requested on the basis of hardship. He submitted into the record copies of the posting certification, correspondence in favor of the variance from the property owner to the east, and a certificate of resolution dated October 10, 1996 which granted a height variance to another applicant. He also presented copies of photographs showing different views of the billboard. He commented that the billboard is located near Clear Creek in a. nonresidential area and has been in place for at least 20 years. Worthy Cummings 4901 Marshall Street Mr. Cummings, the applicant; stated he was available to answer questions. In response to a question from Board Member HOWARD, Mr. Cummings explained that the billboard would be leased to various advertisers. The sign would be exactly the same size as the existing sign that has been in this location for over 20 years. In response to a question from Board Member BELL, Travis Crane explained that this billboard could have continued at 50 feet in height if there.were no change in lease or ownership. Dan Scherer 4647 Leyden Street, Denver Mr. Scherer, general manager of CBS Outdoor, spoke in opposition to the variance. CBS Outdoor was the prior lessee of this billboard. The board directly to the north of the subject billboard is operated by CBS and is 32 feet in height. His company currently manages 8 billboards in Wheat Ridge and none are above 32 feet. CBS was the lessee on the subject property prior to December and offered to extend that lease with Copper Fields, at 32 or 50 feet in height, but they chose to go with United, a competitor of CBS. He stated that CBS would love to have all their billboards in Wheat Ridge at 50 feet. He further stated that CBS is in the process of compiling applications to the Board of Adjustment to increase the present height of all of their billboards to 50 feet. - Board of Adjustment _ 5- 4-27-06 DRAFT Harry Sach 11808 W. 44th & 12505 West 44h Mr. Sach stated that he has a CBS billboard on his property as well as one next to Medved. They are both 32 feet in height. He stated that he would also like to have 50 -foot signs that would be more visible from the highway. Alan Weiss 9745 E. Hampden, #200, Denver Mr. Weiss is Executive Vice President of Mile High Outdoor Advertising which has 3 billboards in Wheat Ridge, all of which are 32 feet in height. He stated opposition to the variance request. He stated that his company's request for a similar variance in 1997 for a 50 -foot billboard on the south line of 76 west of Sheridan was denied. His billboard cannot be seen by eastbound traffic and his company has suffered hardships ever since the variance was denied. He submitted copies of the minutes from the Board meeting where his request for variance was denied. Richard Holme 155017th Street, Denver Mr. Holme, attorney for CBS Outdoor, Mile High Outdoor and Lamar Advertising Companies since 1972, stated that, in all this time, he had never heard of a Board allowing a billboard to be erected so it could be seen over trees intentionally planted by anyone. He clarified that the subject billboard was built . prior to 1970 without a variance and is therefore a nonconforming grandfathered use. He addressed several criteria in Section 26-115 of the city code to be considered by the Board when considering variances and stated the following; • The property could continue to operate without a variance. • It would probably not alter the character of the locality. • A number of Wheat Ridge billboards are blocked because of the 35 foot height limit. Therefore, this case does not present a unique hardship. • If this variance were to be granted, the Board would be hard pressed to deny a variance of 50 feet for other billboards that have similar blockage problems and it would therefore have a detrimental effect on the public welfare. He asked the Board to deny the variance request and commented that the property owner would not be hurt but the billboard advertiser could be hurt. Worthy Cummings retumed to the podium. He stated that they wanted to change companies which necessitated removal of the existing billboard and building a new one in its place. He requested that they be allowed to replace the old billboard with one of the same size. Board of Adjustment -6- 4-27-06 6- 4-27-06 DRAFT There were no other individuals desiring to speak at this time. Chair BELL closed the public testimony. Jerry Dahl addressed that argument that granting of a variance in this case would result in setting a precedent for other cases. He stated that the Board of Adjustment deals with site-specific cases and cannot be in a position to decide this case based on what other cases might occur. This case needs to be decided on its own merits and provisions in the code. Board Member REINHART commented that an unusual grade differential exists that is worthy of consideration in determining whether or not there is a hardship. Board Member ABBOTT commented that the primary intent of the 32 -foot height limitation on billboards was to keep them from being obtrusive to the surrounding population and especially residential districts. Since there have been no complaints. about this billboard since 1970, it appears the public does not perceive this location to be obtrusive. Otherwise, the city would have received complaints. In response to a question from Board Member BELL, Jerry Dahl stated that the city does not have an amortization program for billboards of any height other than in the B-1 District. Board Member BELL expressed her struggle with a decision in this case. She stated that she understood CDOT planted trees with the desire to improve the driving experience and in this case the billboard would be visible for only 8 feet above those trees. She expressed concern about distractions for drivers traveling at a high rate of speed along the highway. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA -06-05 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there were protests registered against it, in particular by CBS Outdoor and Mile High Outdoor; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Board of Adjustment -7- 4-27-06 7- 4-27-06 KRAFT Now, therefore, be it resolved that Board of Adjustment Case No. WA -06-05 be, and hereby is approved. For the following reasons: 1. The hardship is topographical and is created by a severe grade change which would render a conforming billboard substantially invisible. From the perspective of the highway, the billboard at 50 feet will not appear as over -height. 2. The hardship has not been created by a person having interest in property. 3. Granting the variance would not change or alter the character of the neighborhood. 4. As a mitigating circumstance, there is no residential zoned property within the direct line of sight for several hundred feet in all directions. 5. A letter of approval of the variance was submitted by an adjacent - property owner. 6. Three other billboards exist with height variances with similar reasons occurring. 7. A 50400t billboard has occurred historically on this site with no complaints registered with the city. 8. Staff recommended approval. With the following conditions: 1. The face of the billboard must be oriented perpendicular to Interstate 70. Motion passed 7-0. 6. CLOSE THE PUBLIC HEARING Chair BELL closed the public hearing and announced a break at 9:45 p.m. The meeting was reconvened at 9:55 p.m. (Board Member REWHART left the meeting at 9:45 p.m.) 7. OLD BUSINESS A. Board of Adjustment Bylaws At the March Board of Adjustment meeting, the Board reviewed staff's recommended changes to the bylaws. The Board reviewed and discussed the bylaws which included modifications made at the March meeting. It will be necessary to gain City Council approval of the changes before they are implemented. Board of Adjustment 4-27-06 SITUATED IN THE SOUTHWEST QUARTER SECTION 13, r Z W Z) U n LU 00�o O B2 EXCEPTIONS: Q9 9. UTILITY EASEMENT AS GRANTED TO WHEATRIDGE SANITATiOTI DISTRICT IN INSTRUMENT RECORDED FEBRUARY 13, 1952, IN BOOK 750 AT PAGE 1.19. [PLOTTED AND SHOWN HEREON] 10 10. RESERVATION OF EACH AND EVERY RIGHT OF ACCESS TO AND=ROM ANY PART OF THE RIGHT OF WAY OF I-70 AS DESCRIBED IN DEED RECORDED MARCH 27, 1990 UNDER RECEPTION NO. 90024405. [PLOTTED AND SHOWN HEREON] 11. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN;NSTRUMENT RECORDED JULY 26, 1965 IN BOOK 1810 AT PAGE 252. f DOES NOT AFFECT THE SUBJECT PROPERTY] 12. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. [FENCE LINES SHOWN HEREON] CERTIFICATION: I, CAMERON M. WATSON, A REGISTERED SURVEYOR IN THE STAVE OF COLORADO, DO HEREBY CERTIFY THAT THIS LAND SURVEY PLAT WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION ON THE 3RD DAY OF MARCH, 2015, AND THAT THE ACCOMPANYING MAP ACCURATM13AND PROPERLY SHOWS SAID LAND SURVEY. SIGNEDTHIS 3�'X DAYOF MWh 2015 CAMERON M. WATSON, PLS COLORADO LICENSE NUMBER 38311 FOR AND ON BEHALF OF POINT CONSULTING, LLC 8341 S. Sangre De Cristo Rd., Suite 102 Littleton, CO 80127 (720) 258-6836 cwatson@pnt-Ilc.com r:t t- lAlirlgT>F';: z ry �5 Pe rd6Pak � n� ts�#r T�6r Point Park {= _ SITE lei "91h tai F..` NOT TO SCALE SURVEYOR'S NOTES: 1. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY FE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 2. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY POINT CONSULTING, LLC. FOR INFORMATION REGARDING BOUNDARY, EASEMENTS AND TITLE, POINT CONSULTING, LLC RELIED UPON THE FOLLOWING TITLE COMMITMENT PREPARED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY: COMMITMENT NO. 451-HO417656-054-PR9, EFFECTIVE DATE OF NOVEMBER 18, 2014 3. BASIS OF BEARINGS: N 00'07'53” W, ASSUMED TO BE THE BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS MEASURED BETWEEN THE MONUMENTS FOUND AND SHOWN HEREON. 4. FLOOD ZONE DESIGNATION: ACCORDING TO FLOOD INSURANCE RATE MAP (F.I.R.M.) NUMBER 080059CO212F, WITH AN EFFECTIVE DATE OF FEB 5, 2014, THE ENTIRE PROPERTY LIES ENTIRELY WITHIN THE FOLLOWING ZONE DESIGNATION: ZONE X - AREAS DETERMINED TO BE OUTSIDE THE C.2% ANNUAL CHANCE FLOODPLAIN. S. UNIT OF MEASURE:: U.S. SURVEY FOOT 6. OBSERVED PARKING SPACES: NONE. 7. THE UTILITIES SHOWN HEREON WERE LOCATED FROM SURFACE EVIDENCE AND PAINT MARKINGS PROVIDED BY ADEPT UTILITY LOCATORS. FOR EXACT LOCATIONS OF ALL UNDERGROUND UTILITIES, POT -HOLING IS RECOMMENDED. THE SURVEYOR HAS NOT PHYSICALLY OR ACTUALLY LOCATED ANY UNDERGROUND UTILITIES. 8. THE SUBJECT PROPERTY CONTAINS 286,160 SQUARE FEET OR 6.570 ACRES, MORE OR LESS. 9. PUBLISHED PROPERTY ADDRESS: 4901 MARSHALL SIF, WHEAT RIDGE, CO 80033. 10. BENCHMARK: CITY OF WHEAT RIDGE CONTROL POINT #113809 BEING THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, MARKED BY A 3.25" BRASS CAP IN RANGE BOX MARKED "LS 13212" ELEVATION: 5351.24' (NAVD 88) LEGAL DESCRIPTION (TITLE COMMITMENT PARCEL 1: THAT PART OF BLOCK 20, BERKELEY HEIGHTS (2) SECOND FILING, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING ATA POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING ALSO THE WEST LUNE OF BLOCK 20, BERKELEY HEIGHTS SECOND FILING, WHICH IS 594.3 FEET NORTH FROM THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE RUNNING NORTH 74 DEGREES 47 MINUTES EAST, 1375 FEET; THENCE SOUTH AND PARALLEL WITH THE SECTION LINE TO SOUTH BOUNDARY OF SAID BLOCK 20;THENCE SOUTHWESTERLY ALONG SOUTH LINE OF SAID BLOCK 20 TO A TRACT OF LAND HERETOFORE CONVEYED TO DENVER AND NORTHWESTERN RAILWAY COMPANY BY DEED RECORD IN BOOK 121 AT PAGE 48, JEFFERSON COUNTY RECORDS; THENCE NORTHWESTERLY ALONG SAID RAILWAY TRACT OF LAND TO WEST LINE OF SAID BLOCK 20; THENCE NORTH ALONG SAID WEST UP•TE OF BLOCK 20 TO PLACE OF BEGINNING EXCEPT THAT PORTION OF SAID REAL ESTATE LYING EAST AND NORTH OF COUNTY ROAD ON SAID PREMISES AS SAID ROAD WAS CONSTRUCTED AND EXISTING ON AUGUST 6, 1929, AND EXCEPT TRACT OF LAND HERETOFORE CONVEYED TO ROBERT B. ALLEN BY DEED RECORDED IN BOOK 260 AT PAGE 294 AS PER AMENDED DESCRIPTION CONTAINED IN DEED TO HERMAN HAFFNER RECORDED IN BOOK 273 AT PAGE 417, JEFFERSON COUNTY RECORDS; EXCEPT THAT PORTION DESCRIBED IN BOOK 830 AT PAGE 259 AND THAT PORTION DESCRIBED IN BOOK 1810 AT PAGE 252. PARCEL 2: THAT PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE SOUTHERLY PROPERTY LINE, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 FROM WHICH POINT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEARS SOUTH 72 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 798.84 FEET; 1. THENCE NORTH 60 DEGREES 01 MINUTES 30 SECONDS EAST, A DISTANCE OF 288.1 FEET; 2. THENCE SOUTH 00 DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 282.1 FEET; 3. THENCE NORTH 61 DEGREES 06 MINUTES 00 SECONDS WEST, A DISTANCE OF 286.0 FEEF, MORE OR LESS; TO THE POINT OF BEGINNING. LEGAL DESCRIPTION AS SURVEYED): A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHfP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHWEST ONE-QUARTER OF SECTION 13 AND CONSIDERING THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER TO BEAR N00°07'53" W WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N22052'47"E, A DISTANCE OF 729.20 FEET TO THE POINT OF BEGINNING, SAID P044T ALSO BEING THE SOUTHEAST CORNER OF A COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) PARCEL RECORDED AT RECEPTION NO. 79086148 AND THE NORTHERN MOST CORNER OF A CDOT PARCEL RECORDED AT RECEPTION NO. 80069724 AND THE SOUTHWEST CORNER OF A PARCEL RECORDED AT RECEPTION NO. 20061322431- THENCE 006132243;THENCE ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL RECORDED AT RECEPTION N0.2006132243, N74°44'32"E, A DISTANCE OF 406.56 FEET TO THE SOUTHWEST CORNER OF A PARCEL RECORDED AT RECEPTION NO. 80057553; THENCE CONTINUING THE SAME BEARING ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL RECORDED AT RECEPTION NO. 80057553, N74°44'32"E, A DISTANCE OF 202.06 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY FOR MARSHALL ST.; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ON A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 919.44 FEET THROUGH A CENTRAL ANGLE OF 29049'08", AN ARC DISTANCE OF 478.51 FEET, HAVING A CHORD WHICH BEARS S17°20'36"E, A DISTANCE OF 473.13 FEET; THENCE S00°02'10"E, A DISTANCE OF 282.14 FEET TO THE NORTHEAST CORNER OF A CDOT PARCEL RECORDED IN BOOK 855 AT PAGE 310; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, N60"58'40"W, A DISTANCE OF 285.96 FEET TO THE NORTHERN MOST CORNER OF SAID PARCEL AND THE EASTERN MOST CORNER OF A CDOT PARCEL RECORDED AT RECEPTION NO. 80069724; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL: 1. CONTINUING ALONG THE SAME BEARING, N60°58'40"W, A DISTANCE OF 358.60 FEET; 2. 1\141`10'10"W, A DISTANCE OF 67.60 FEET; 3. 1\129°47'55"W, A DISTANCE OF 242.00 FEET TO THE POINT OF BEGINNING. CONTAINING 286,161 SQUARE FEET OR 6.570 ACRES, MORE OR LESS. I LU V 0.d few CV r Z W Z) U n LU 00�o O ZEz 0 co DJ rY U0 06 w "c � ZD w '48th Ave c` 0 •'+'.ani - em`Miu:,4vi Tg,. :. ti L/) N i 4F4R..j .-sfl,-rr .h'-.pv„�. N y > z Qz 0 00 --a IL Q , W u Ii3�I` VICINITY MAP NOT TO SCALE SURVEYOR'S NOTES: 1. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY FE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 2. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY POINT CONSULTING, LLC. FOR INFORMATION REGARDING BOUNDARY, EASEMENTS AND TITLE, POINT CONSULTING, LLC RELIED UPON THE FOLLOWING TITLE COMMITMENT PREPARED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY: COMMITMENT NO. 451-HO417656-054-PR9, EFFECTIVE DATE OF NOVEMBER 18, 2014 3. BASIS OF BEARINGS: N 00'07'53” W, ASSUMED TO BE THE BEARING OF THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS MEASURED BETWEEN THE MONUMENTS FOUND AND SHOWN HEREON. 4. FLOOD ZONE DESIGNATION: ACCORDING TO FLOOD INSURANCE RATE MAP (F.I.R.M.) NUMBER 080059CO212F, WITH AN EFFECTIVE DATE OF FEB 5, 2014, THE ENTIRE PROPERTY LIES ENTIRELY WITHIN THE FOLLOWING ZONE DESIGNATION: ZONE X - AREAS DETERMINED TO BE OUTSIDE THE C.2% ANNUAL CHANCE FLOODPLAIN. S. UNIT OF MEASURE:: U.S. SURVEY FOOT 6. OBSERVED PARKING SPACES: NONE. 7. THE UTILITIES SHOWN HEREON WERE LOCATED FROM SURFACE EVIDENCE AND PAINT MARKINGS PROVIDED BY ADEPT UTILITY LOCATORS. FOR EXACT LOCATIONS OF ALL UNDERGROUND UTILITIES, POT -HOLING IS RECOMMENDED. THE SURVEYOR HAS NOT PHYSICALLY OR ACTUALLY LOCATED ANY UNDERGROUND UTILITIES. 8. THE SUBJECT PROPERTY CONTAINS 286,160 SQUARE FEET OR 6.570 ACRES, MORE OR LESS. 9. PUBLISHED PROPERTY ADDRESS: 4901 MARSHALL SIF, WHEAT RIDGE, CO 80033. 10. BENCHMARK: CITY OF WHEAT RIDGE CONTROL POINT #113809 BEING THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, MARKED BY A 3.25" BRASS CAP IN RANGE BOX MARKED "LS 13212" ELEVATION: 5351.24' (NAVD 88) LEGAL DESCRIPTION (TITLE COMMITMENT PARCEL 1: THAT PART OF BLOCK 20, BERKELEY HEIGHTS (2) SECOND FILING, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING ATA POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING ALSO THE WEST LUNE OF BLOCK 20, BERKELEY HEIGHTS SECOND FILING, WHICH IS 594.3 FEET NORTH FROM THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE RUNNING NORTH 74 DEGREES 47 MINUTES EAST, 1375 FEET; THENCE SOUTH AND PARALLEL WITH THE SECTION LINE TO SOUTH BOUNDARY OF SAID BLOCK 20;THENCE SOUTHWESTERLY ALONG SOUTH LINE OF SAID BLOCK 20 TO A TRACT OF LAND HERETOFORE CONVEYED TO DENVER AND NORTHWESTERN RAILWAY COMPANY BY DEED RECORD IN BOOK 121 AT PAGE 48, JEFFERSON COUNTY RECORDS; THENCE NORTHWESTERLY ALONG SAID RAILWAY TRACT OF LAND TO WEST LINE OF SAID BLOCK 20; THENCE NORTH ALONG SAID WEST UP•TE OF BLOCK 20 TO PLACE OF BEGINNING EXCEPT THAT PORTION OF SAID REAL ESTATE LYING EAST AND NORTH OF COUNTY ROAD ON SAID PREMISES AS SAID ROAD WAS CONSTRUCTED AND EXISTING ON AUGUST 6, 1929, AND EXCEPT TRACT OF LAND HERETOFORE CONVEYED TO ROBERT B. ALLEN BY DEED RECORDED IN BOOK 260 AT PAGE 294 AS PER AMENDED DESCRIPTION CONTAINED IN DEED TO HERMAN HAFFNER RECORDED IN BOOK 273 AT PAGE 417, JEFFERSON COUNTY RECORDS; EXCEPT THAT PORTION DESCRIBED IN BOOK 830 AT PAGE 259 AND THAT PORTION DESCRIBED IN BOOK 1810 AT PAGE 252. PARCEL 2: THAT PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE SOUTHERLY PROPERTY LINE, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70 FROM WHICH POINT THE SOUTHWEST CORNER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 69 WEST, BEARS SOUTH 72 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 798.84 FEET; 1. THENCE NORTH 60 DEGREES 01 MINUTES 30 SECONDS EAST, A DISTANCE OF 288.1 FEET; 2. THENCE SOUTH 00 DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 282.1 FEET; 3. THENCE NORTH 61 DEGREES 06 MINUTES 00 SECONDS WEST, A DISTANCE OF 286.0 FEEF, MORE OR LESS; TO THE POINT OF BEGINNING. LEGAL DESCRIPTION AS SURVEYED): A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHfP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHWEST ONE-QUARTER OF SECTION 13 AND CONSIDERING THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER TO BEAR N00°07'53" W WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N22052'47"E, A DISTANCE OF 729.20 FEET TO THE POINT OF BEGINNING, SAID P044T ALSO BEING THE SOUTHEAST CORNER OF A COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) PARCEL RECORDED AT RECEPTION NO. 79086148 AND THE NORTHERN MOST CORNER OF A CDOT PARCEL RECORDED AT RECEPTION NO. 80069724 AND THE SOUTHWEST CORNER OF A PARCEL RECORDED AT RECEPTION NO. 20061322431- THENCE 006132243;THENCE ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL RECORDED AT RECEPTION N0.2006132243, N74°44'32"E, A DISTANCE OF 406.56 FEET TO THE SOUTHWEST CORNER OF A PARCEL RECORDED AT RECEPTION NO. 80057553; THENCE CONTINUING THE SAME BEARING ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL RECORDED AT RECEPTION NO. 80057553, N74°44'32"E, A DISTANCE OF 202.06 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY FOR MARSHALL ST.; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ON A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 919.44 FEET THROUGH A CENTRAL ANGLE OF 29049'08", AN ARC DISTANCE OF 478.51 FEET, HAVING A CHORD WHICH BEARS S17°20'36"E, A DISTANCE OF 473.13 FEET; THENCE S00°02'10"E, A DISTANCE OF 282.14 FEET TO THE NORTHEAST CORNER OF A CDOT PARCEL RECORDED IN BOOK 855 AT PAGE 310; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, N60"58'40"W, A DISTANCE OF 285.96 FEET TO THE NORTHERN MOST CORNER OF SAID PARCEL AND THE EASTERN MOST CORNER OF A CDOT PARCEL RECORDED AT RECEPTION NO. 80069724; THENCE THE FOLLOWING THREE (3) COURSES ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL: 1. CONTINUING ALONG THE SAME BEARING, N60°58'40"W, A DISTANCE OF 358.60 FEET; 2. 1\141`10'10"W, A DISTANCE OF 67.60 FEET; 3. 1\129°47'55"W, A DISTANCE OF 242.00 FEET TO THE POINT OF BEGINNING. CONTAINING 286,161 SQUARE FEET OR 6.570 ACRES, MORE OR LESS. I LU V 0.d CV r Z W Z) U n LU 00�o O ZEz 0 co DJ rY U0 06 w "c � ZD z c` 0 W Q 3 " ZQn L/) N i N > z Qz 0 00 --a IL Q U C O m z� z z 0 ZIL -'�Oz O0 z wWso0z<zo0� �cv-1>wOONzJZ) wn��rv'�Z� <z W =�Q QUUU;Zu0 a. I-- (n U � U J LL Co U O_ Lu rV v7 z Q z EL OW tL � a Uz ® o , W O U N Lo 0 DJ a W. END. W1/4 SEC 13 3.25" ALUMINUM CAP i 0.4' DOWN IN RANGE BOX I COLORADO DEPT. OF TRANS. , REC. NO. 79086148 P. n235 I `F1984 J� I r MON' P.O.C. FND. SW COR SEC 13 3.25" BRASS CAP 0.5' DOWN IN RANGE BOX LAND SURVEY P SITUATED IN THE SOUTHWEST QUARTER SECTION 13, THOMAS & ISABEL ABBOTT REC. NO. 80057553 i �( I X74 a� 2 609. G2 THOMAS & ISABEL ABBOTT �� REC. NO. 2006132243 406.56 } ).B. -0- r PARCEL 1� 2501808 SQ. FT.�� >3 f�.. 5.760 ACRES I�� VTR_— \4194TR— VTR dTR—VTR 1 \ (,AS VTR -- VTR VTR / / /� } 0 Q f V / iNSR / lj SPd/ / GAS O� y- i / /�� ✓ / GAs GAS R-919.44 `� ' 16' SANITARY EASEME�NT�5�A�029049' SpD Q BK. 750 PG119 1_478.oO ll ' CH8—S172036E CHL -473.13' MAP LEGEND FIRE HYDRANT Wv % ✓%'say / / / v� V`h t pQ WATER VAVLE l S110 � � (sS SANITARY MANHOLE i ��£� CURB INLET SIE :.. /. � - I -\ ` .-. Q STORM MANHOLE GAS/ / aA"� / Cx✓ 1 1\ _ O,. LIGHT POLE SIGN COMMUNICATION 0 MANHOLE S w N POWER POLE GUYANCHOR PROPERTY CORNER SET#5 REBAR WITH RED -- --- - r PLASTIC CAP STAMPED"POINT L LS 38311" (EXCEPT AS SHOWN) SECTION CORNER BOUNDARY LINE S ~ --- ADJACENT BOUNDARY LINE SECTION LINE OL \6 0 ' --------------- EASEMENT LINE 0 a5 - 'PARCEL 2 �.H - ae--ESE EiE CLc, ESE— UNDERGROUND ELECTRIC LINE COLORADO DEPT. OF TRANS. �G x - '351262 SQ. FT. —GAS—GAS--GAS--GAS—GAS— GAS LINE BK. 1810 PG. 252 �cfQ� 0.810 ACRES —sae SAN --SAN —SAN —SAN — SANITARY LINE —STM—STMSTM—STM -----STM — STORM LINE I \ \ w -,b p — VTR— VTR— VTR— VTR— VTR— WATER LINE TEL TEE TEL TEL TEL — FIBER OPTIC LINE ACCESS LINE m x� REC. NO 90024405 -, 0'11)0 q1Q0OFA SS M1 T 6 041 4 �J LS 13212 �y 1985 { So13 Know whars below. 1 s 24 Ca II before you dig. z +\ i 40 20 0 40 + SCALE 1" = 40' \ r FND. S1/4 SEC 13 3.25" BRASS CAP N8905956Y 2647.17' 0.4' DOWN IN RANGE BOX W J 0 00 z o O m z� mz�C� OZ 60012 LU—Oz=czo0� r�>Cr0��z �o��WQ¢z wwILQQO=O a_ s- iU�U�LL.mU Z 0 R z Q Q_ Qw Y E_ C �< L) 0 0 IN LU D EV F- W > CV CD CD 0 Lr) 0 co Q r� CV LnLU CV 0 Eli CO F- C-4 � Z w U (� LU cc) M U Z~ z� Z n0�� a 6�> � LUUco ~ZN LL Q� Qv iOo Q —wv�i <0- c) cn cn w tN _ Z U z �r z _a m - z 00 CL W J 0 00 z o O m z� mz�C� OZ 60012 LU—Oz=czo0� r�>Cr0��z �o��WQ¢z wwILQQO=O a_ s- iU�U�LL.mU Z 0 R z Q Q_ Qw Y E_ C �< L) 0 0 IN LU D EV F- W > CV CD CD 0 Lr) 0 co Q r� CV LnLU CV F_ Q CO Lta W ri � 2013115196 9/20/2013 8:11 AM PGS 2 $16.00 DF $0.00 Electronically Recorded Jefferson County. CO Pam Anderson. Clerk and Recorder TD1000 r. CONFIRMATION DEED (CRS §38-38-502) Public'1'tvstee's foreclosure Sale No. ,11200243 THIS DEED is made September 20, 2013 between Margaret T. Chapman as the Public Trustee in and for the County of Jefferson, State of Colorado, grantor and LSC Denver Colorado, LLC, grantee, the holder of the certificate of purchase whose legal address is 5570 DTC Parkway, Greenwood Village, CO 80111, by virtue of an assignment from NBH Bank, N.A. whose legal address is NBH Bank, N. A., 1 I 1 I Main, Suite 2500, Kansas City, MO 64105. WHEREAS, the Grantor(s) described below did convey to the public trustee, in trust, the property hereinafter described to secure the payment of the indebtedness provided in said deed of test: Original Grantor(s) Original Beneficiary(ics) Current Holder of Evidence of Debt Date of Deed of Trust County of Recording Recording Date of Deed of Trust Recording Information (Reception Number) Copper Fields Land Holdings, L.L.C. Community Banks of Colomdo NBH Bank, N.A. May 05. 2006 Jefferson May 09, �t1(m6 2006055090 WHEREAS: a violation was made in certain of the terms and covenants of said deed of trust as shown by the notice of election and demand for sale filed with the Public Trustee; the said property was advertised for public sale at the place and in the manner provided by law and by said deed of trust combined notice of sale and right to cure and redeem was given as required by law; said property was sold according to said combined notice; and a certificate of purchase thereof was made and recorded in the office of said county Clerk and Recorder, and WHEREAS, all periods of redemption have expired. NOW, THEREFORE. the Public Trustee. pursuant to the power and authority vested by law and by the said deed of trust, confirms the foreclosure sale and sells and conveys to grantee the following described property located in the County of Jefferson, State of Colorado. to wit: See attached Exhibit A Also known by street and number as: THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. To have and to hold the same, with all appurtenances, forever. Executed on: September 20, 2013 Margaret T. Chapman, Public Trustee in and for the County of Jefferson State of Colorado Of -Aj -, - Q7 h h.A --:;Z4 , By: Desiree Peterson, Deputy, lbr Public 'I'rttstee When Recorded Return to: Jefferson County Public Trustee C,� Public TmsYec> Association of Colorado Revised 612011 EXI-IIBIT A • LEGAL DESCRIPTION Parcel 1: J 1 2 0 0 2 4 3 That part of Block 20, Berkeley Heights (2) Second Filing, Jefferson County, Colorado, described as follows: Commencing at a point on the West line of the Southwest Quarter (SW 1/4) of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, being also the West line of Block 20, Berkeley Heights Second Filing, which is 594.3 feet North from the Southwest comer of said Section 13; thence running North 74 degrees 47 minutes East, 1375 feet; thence South and parallel with the Section line to South Boundary of said Block 20; Thence Southwesterly along South line of said Block 20 to a Tract of land heretofore conveyed to Denver and Northwestern Railway Company by deed record in Book 121 at Page 48, Jefferson County Records; thence Northwesterly along said railway tract of land to West line of said Block 20; Thence North along said West line of Block 20 to Place of Beginning except that portion of said real estate lying East and North of County Road on said premises as said road was constructed and existing on August 6, 1929, and Except tract of land heretofore conveyed to Robert B. Allen by deed recorded in Book 260 at Page 294 as per amended description contained in deed to Herman Haffner recorded in Book 273 at Page 417, Jefferson County Records; Except that portion described in Book 830 at Page 259 and that portion described in Book 1810 at Page 252. Parcel 2: That part of the Southwest Quarter (SWI/4) of the Southwest Quarter (SWI/4) of Section 13, Tonnship 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, described as follows: Beginning at a point on the Southerly property line, said point also being on the Northerly right of way line of Interstate 70 from which point the Southwest corner of Section 13, Township 3 South, Range 69 West, bears South 72 degrees 36 minutes 51 seconds West, a distance of 798.84 feet; 1. Thence North 60 degrees 01 minutes 30 Seconds East, a distance of 288.1 feet; 2. Thence South 00 degrees 09 minutes 30 seconds East, a distance of 282.1 feet; 3. Thence North 61 degrees 06 minutes 00 seconds West, a distance of 286.0 feet, more or less; to the point of beginning. Community Banks of Colorado Where common sense lives' LSC Denver Colorado, LLC 7800 E. Orchard Road, Suite 300 Greenwood Village, CO 80111 May 7, 2015 Re: OWNERS AGENT AUTHORIZATION To Whom It May Concern: deb Construction Company, Inc. and or Carlson Associates, Inc. is/are hereby authorized to act on behalf of LSC Denver Colorado, LLC as our agent for the purpose of seeking modification of zoning status for the property known as: 4901 Marshall St Office/Warehouse project at 4901 Marshall St., Wheat Ridge, CO 80033. LSC Denver Colorado, LLC, By: LSC Manager, LLC, its Manager By: NBH Bank, N.A., its Manager By: le�� illiam J. Clark, Senior Vice President 7800 E. Orchard Road. Suite 300 • Greenwood Village, CO 80111 • 720.529.3363 • www.cobnks.com Community Banks of Colorado is a division of NBH Bank. N.A.. Member FDIC, Community Banks of Colorado Where common sense lives: Agimi .dWH9a4 KA LSC Denver Colorado, LLC 7800 E. Orchard Road, Suite 300 Greenwood Village, CO 80111 May 7, 2015 Re: OWNERS AGENT AUTHORIZATION To Whom It May Concern: dcb Construction Company, Inc. and or Carlson Associates, Inc. is/are hereby authorized to act on behalf of LSC Denver Colorado, LLC as our agent for the purpose of seeking modification of zoning status for the property known as: 4901 Marshall St Office/Warehouse project at 4901 Marshall St., Wheat Ridge, CO 80033. LSC Denver Colorado, LLC, By: LSC Manager, LLC, its Manager By: NBH Bank, N.A., its Manager By: le�� William J. Clark, Senior Vice President 7800 E. Orchard Road, Suite 300 • Greenwood Village, CO 80111 • 720.529.3363 • www.cobnks.com Community Banks of Colorado is a division of NBH Bank, N.A., Member FDIC. City of "Wh6atPsjvi(d:1ge MMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.23.2857 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. asYI�i�1�� (rint name) (Position/Job Title) of/with dup-b ,' (Entity applying for permit/approva ) (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(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. -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 day of , 20L'j Al C construction company, inc. 909 East 62nd Avenue • Denver. Colorado 80216 • 303.287.5525 - Fax 303.287.3697 • www.dcbl.com Written Request and Description of Proposed Change of Zone DEVELOPER: Carlson Associates, Inc. Contact: Clay Carlson P.O Box 247 Eastlake, CO 80614 LOCATION: 4901 Marshall St. Wheat Ridge, CO 80033 DATE: June 18, 2015 The site located at 4901 Marshall St is currently zoned Commercial -One (C-1), Agricultural -One (A-1), and Industrial -Employment (I -E). The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The A-1 zone district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi -rural or agricultural setting. The I -E district is established to allow light industrial and commercial uses that support employment. The majority of the site area is currently zoned I -E with the remaining amount zoned C-1 and A-1. Consolidating the sites zoning into a single zoning type will allow the site to be fully utilized and eliminate ancillary spaces that impede the viability of the site. The I -E zone district allows both mini -warehouses and office/warehouse flex space. At the direction of the staff of the City the property would be rezoned to Industrial Employment (I -E). The City's comprehensive plan, Envision Wheat Ridge, identifies the area as "Employment." This designation calls for light industrial uses including manufacturing, storage, and warehouse. The proposed use for this site is 'private -start up' office/warehouses with a combination of individually rentable self -storage units. The 'start-up' office component of the site will provide small businesses with storefront office space for their employees and clients. Their equipment, tools, etc. will be stored on site with them, behind their office space. The entrepreneurial programming of these office spaces with their associated warehousing meshes very well with the cities "Employment" designation. This program coupled with the allowable use of self storage under the I -E zone district creates a property that fully capitalizes on the site; providing employment, business, and revenue for the city while simultaneously giving residents a place to keep their possessions within their community. The adjacent zoning area of C-1 to the east and south and Interstate 70 and 76 border the site to the north and west will integrate with the proposed rezoned area. The new development will raise the standard of the existing site with a forward looking architecture that compliments and responds to its neighborhood, Wheat Ridge, and the Rocky Mountain region. Nearby residential neighborhoods will be able to utilize the new development and benefit from it due to its close proximity by reducing commuting to other areas. As shown in the June 91h Traffic Impact Study conducted by LSC, the existing road network and Marshall Street is fully capable of handling the nominal increase of traffic volume well into the year 2035. Utilities are currently installed on site and were used for the now closed Copper Fields Event Center. These existing utilities should be sufficient for the new development. The new projects impact will not exceed the burden of resources previously placed on the city by Copper Fields but should be below them. The proposed redevelopment of 4901 Marshall Street will bring life and beauty back to the now derelict lot, providing excellent resources for the citizens of Wheat Ridge. It's integration of use with the surrounding neighborhood and generation of new businesses will benefit all in the community. City of Wheatjidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building Meeting Date: Attending Staff: Location of Meeting: Property Address: Property, Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES April 8, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 29`h Avenue Wheat Ridge, CO 80033 4901 Marshall Street LSC Denver Colorado, LLC No Kent Carlson Kent Carlsonland.net Industrial -Employment (I -E), Commercial -One (C-1), Agricultural -One (A-1) Employment Existing Site Conditions: The property is located in the northeast quadrant of the city at 4901 Marshall Street. The site is about 6.5 acres in size and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I -E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across I-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south of the site and across Marshall Street to the east are several commercial properties zoned C-1—these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. The site is currently unoccupied. Most recently it was used by Copper Fields events center for private events, weddings, receptions, and indoor music events. The southern half of the property is www.d.wheatridge.co.us undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point at which a paved parking area surrounds the primary event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. The property has a grade change of about 20' from the southeast corner of the site to the north. It is outside of the regulatory 100 -year floodplain. Applicant/Owner Preliminary Proposal: The applicant is requesting a zone change to Industrial- Employment to consolidate and expand uses for the property. One of the permitted uses being considered is an office/ mini -warehouse development. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, 1 member of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change and a proposed redevelopment scenario for the property. • The attendee was informed of the process for a zone change. • The attendee was informed of his opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • Why isn't a more commercial zoning and development being proposed? The property is designated as employment on the Comprehensive plan and while mini - warehouses don't provide a lot of jobs, they do support small business uses. Also, retail uses would likely be unsuccessful due to access difficulties. The developer owns several mini -storage facilities in the metropolitan area. Who are your typical users? There are a variety of users who rent space including people in housing transition, small businesses and retailers who don't have enough room for storage, contractors and start-up manufacturers. • Do you ever condominiumize and sell individual units? No. The one attendee is an adjacent land owner and indicated support for the proposal. No written correspondence was received regarding the neighborhood meeting notice. Zone Change Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes I I No Step 6: Publish Request/Post Property for Planning Commission Public Hearing (15 days prior to public hearing) Step 7: Staff Report for Planning Commission Public Hearing Step 9: Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary) Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) Step 13: Packet to City Council for Public Hearing City of /" `7`I heat i e CnkA0 TY DEVELOPMENT 4901 Marshall Street Proposed zone change from Commercial -One (C-1), Industrial - Employment (I -E) and Agricultural— One (A-1 to Industrial - Employment (I -E) City of �Wheat 1 MMUNITy DEVELOPMENT Zone Change Criteria What is zoning? For a zone change request, the Planning All properties within the City of Wheat Ridge are zoned. Zoning regulates Commission and City Council base their what land uses are allowed and establishes standards for construction decision on the extent to which the including building setbacks, lot coverage, and building height. following criteria have been met: There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a What is a zone change? significant adverse effect on the A zone change is the process of changing the current zone district to a surrounding area; and different zone district. A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., 2. Adequate infrastructure/facilities are residential vs. commercial). available to serve the types of uses All proposed commercial, industrial and residential applications for property allowed by the change of zone, or the exceeding one acre in size must be rezoned to a planned development applicant will upgrade and provide district. such where they do not exist or are under capacity; and Why is a neighborhood meeting required? 3. At least one (1) of the following A neighborhood meeting is required for all zone change requests. The conditions exists: purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All a. The change of zone is in residents within 600 feet are notified of the meeting. conformance, or will bring the property into conformance with, the City of Wheat Ridge How do I give my opinion on a zone change? comprehensive plan goals, All public hearings for proposed zone changes are open to the public to objectives and policies, and appear and give testimony. Testimony can include written correspondence other city -approved policies or or a statement made at the public hearing. Any written correspondence plans for the area. provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence b. The existing zone classification should be routed through planning staff. currently recorded on the official zoning maps of the City of Wheat Can I contact my council representative? Ridge is in error. Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony c. A change of character in the presented at public hearings. Please do not contact the Mayor, Planning area has occurred or is occurring Commissioners, or City Council representatives to discuss the merits of the to such a degree that it is in the case prior to the public hearings; it could jeopardize their ability to hear the public interest to encourage case. redevelopment of the area or to recognize the changing character of the area. What is a legal protest? A legal protest is a formal, written protest which can be submitted by d. The proposed rezoning is adjacent property owners within 100' of a subject property. If 20% of necessary in order to provide for property owners on one side within a 100' radius file a legal protest, it a community need that was not requires a three-fourths vote of City Council (6 out of 8 members present) to anticipated at the time of the approve a zone change instead of a simple majority (5 out of 8 members adoption of the City of Wheat present). A legal protest is usually filed after the Planning Commission Ridge comprehensive plan. public hearing. Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us a � L � C U-) T-- 0 Ri N -0 i i 00 •L CL •� O O W T— E E O 0 m W 5 C � Q O E W O.cv U L U) CD0 r U L E N 0 U _z ui co W 0 E z cl� IZt DiRLson 12460 1 " Street PO Box 247 Eastlake, CO 8014-0247 Office: 303-457-2966 Fax: 303-280-2978 Re: Rezoning of 2 Existing Lots 4901 Marshall Street Wheat Ridge, Colorado Dear Neighbor: Carlson Associates, Inc. is pleased to invite you to a neighborhood meeting to describe our plan to rezone the property at West 491h Ave and Marshall Street. The site is currently zoned Commercial -One (C-1) and Industrial Employment (I -E). We proposed to rezone the C-1 portion of the site to I -E. The City of Wheat Ridge has a requirement that prior to any application for rezoning, we must notify all residents and property owners within 600 feet and invite them to a neighborhood meeting. It is important to us that we fully educate the surrounding community about our proposal and that you have the opportunity to voice any feedback, ideas or concerns to ensure the best final product for everyone — our residents, our neighbors and City of Wheat Ridge. The date and location of the meeting are as follows: Date: Wednesday, April 8th Time: 6:00 p.m. Location: City of Wheat Ridge Municipal Building Second floor conference room 7500 W. 29th Avenue Wheat Ridge, CO 80033 Representatives from the City of Wheat Ridge Community Development Department will also be attending the meeting and will be available to answer questions about City policies and the rezoning process. Because this is a neighborhood meeting and not a public hearing, staff planners will remain impartial regarding viability of the project. If you have any questions, please call the City of Wheat Ridge Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge, Community Development Department, 7500 West 29`h Avenue, Wheat Ridge, Colorado 80033. We look forward to seeing you at the neighborhood meeting. 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Plan: Employment Existing Site Conditions: The property is located in the northeast quadrant of the city at 4901 Marshall Street. The site is about 6.5 acres in size and has split zoning with three different zone districts covering the property. The western third of the site is zoned Industrial -Employment (I -E), the eastern third of the property is zoned Commercial -One (C-1) along the Marshall Street frontage, and the southern corner of the property is zoned Agricultural -One (A-1). The property is surrounded by a variety of land uses and zoning designations. Immediately to the west is CDOT right-of-way for Interstate -70, and across I-70 to the west is a residential neighborhood zoned R-2. To the north are parcels zoned Industrial -Employment and Commercial -One that are largely undeveloped, but include an Xcel transmission tower and an automotive collision repair shop. Further to the north is the Clear Creek Greenbelt. To the south of the site and across Marshall Street to the east are several commercial properties zoned CA—these include a marijuana dispensary and infused products manufacturer and several building contractors. Creekside Park and ball fields are northeast of the subject property. The site is currently unoccupied. Most recently it was used by Copper Fields events center for private events, weddings, receptions, and indoor music events. The southern half of the property is undeveloped and has a change in grade of about 40 feet. The middle portion of the site is the lowest point at which a paved parking area surrounds the primary event hall. The building was originally constructed in 1930 and is about 9,420 square feet in size (per Jefferson County Assessor). A billboard is located on the eastern property line south of the existing event center building. The property has a grade change of about 20' from the southeast corner of the site to the north. It is outside of the regulatory 100 -year floodplain. Applicant/Owner Preliminary Proposal: The applicant is proposing a single phase of "private – start up" office/warehouse product in combination with individually rented self -storage units. In total, the applicant is proposing six storage buildings with a combined total of 52,000 square feet and one "start-up" office/warehouse hybrid building with 12,000 square feet of area, for a total of 64,000 square feet of building area. Each of the smaller buildings vary in size and are oriented parallel to I-70. All of these structures have a single story rectangular storage footprint. The "start-up" hybrid also shares the same footprint. A seventh storage building, located on the northern portion of the site, parallel with the northern property line, will be three -stories with an integration of architectural metals, minor areas of articulated masonry elements, and accent stucco elements. No specific building elevation was provided but the applicant did provide a variety of existing models. A management office would be attached to the side of the three story building, closest to the entrance of the site to regulate traffic and security. A water detention pond has been proposed to the north east corner of the site to manage all drainage. The applicant is proposing to demolish the existing event center, but wants to retain the billboard that is currently on the site. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting is required prior to a zone change application. Planning comments: The following items were discussed based on the applicant's proposed development: Zoning & Use The site is currently zoned Commercial -One (C-1), Agricultural -One (A-1), and Industrial - Employment (I -E). The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The A-1 zone district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi -rural or agricultural setting. The I -E district is established to allow light industrial and commercial uses that support employment. 2 The I -E zone district allows both mini -warehouses and office/warehouse flex space but the C-1 and A- 1 zones do not. The proposed use of a self -storage facility would require a land use application process to consolidate the zoning and accommodate the proposed use of the property. Staff recommends that the property be rezoned to Industrial Employment (I -E). The City's comprehensive plan, Envision Wheat Ridge, identifies the area as "Employment." This designation calls for light industrial uses including manufacturing, storage, and warehouse. Architectural Site Design Manual The subject property would fall under the Suburban Overlay District in Architectural and Site Design Manual (ASDM). Under Chapter 3.2 of the ASDM, the build -to requirement doesn't apply to the proposal but staff has recommended relocating both the start-up building and the three story storage building to the Marshall frontage. Section 4.2 Heavy Commercial/Light Industrial building design standards apply to the proposed development. Because of the surrounding street system visibly of the property, Staff encourages compliance with the architectural design standards on as many of the buildings facades as possible. Landscaping Landscaping requirements are found in section 26-502 in the City's Zoning and Development Code which requires 15% landscaping coverage in the I/E zone district. In addition to the 15% coverage requirement, redevelopment of the site will require installation of the street trees at a rate of one tree for every 30' of street frontage. Additional plant materials are required of one tree and ten shrubs for every 1,000 square feet of required landscape area. All landscaped areas shall be irrigated with an automated sprinkler system. Up to 35% of the required landscaped area may be non -living. The location, dimensions, and square footage of all landscaped areas should be provided on the landscape plan. In order to clarify what areas of the site are designated as landscaping -living or nonliving -it may be necessary to provide an additional exhibit. Signage No master sign plan will be required but all signage needs to be in compliance with section 26-700 in the City's Zoning and Development Code. Public Works comments: ROW Staff has requested the applicant to survey and confirm the existing right-of-way (ROW) location along Marshall Street. If the City's current ROW location is accurate, staff will consider a potential ROW vacation because of excess ROW for any improvements needed in the future. Staff has also requested a traffic impact study along with the ROW survey. For more information see the attached Public Work's memo. Public Improvements Public improvements can include, but are not limited to, the installation of curb, gutter, sidewalk, drainage facilities, amenity zones, utilities, street lights, and paving. Provision of public improvements (or a fee -in -lieu) is a condition of approval for certain types of subdivisions and development where adjacent improvements are substandard or nonexistent. For more information regarding required public improvements please review the attached public works memo and cross section. 3 Drainage Site drainage requirements are based on the area of disturbance created by new development. A preliminary drainage report will be required with the zone change application. The applicant may refer to the Site Drainage Requirements available on the City's website (htlp://www.ci.wheatridp-e.co.us/index.asl?x?nid=64) or the applicant may contact Dave Brossman, Development Review Engineer, with any questions (303-235-2864). 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: htip://www.ci.wheatridge.co.us/1068/Permit-Submittal-Information. Questions related to the requirements of the International Fire Code should be directed to the appropriate fire district in which the property is located. Process The first step for a zone change is to have a pre -application meeting, which was completed on 1/29/2015. After the pre -application meeting, but prior to application, the applicant will need to hold an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All residents and property owners within 600 feet will need to be notified of the meeting. It will be the responsibility of the applicant to coordinate with staff and to notify area residents of the date, time, and location of the meeting. Staff provides the notification list. There is a $100 fee for the neighborhood meeting. A staff planner will attend the meeting to discuss City policy and regulations, and the process involved; however, the planner will remain impartial regarding viability of the project. Once the neighborhood meeting is held, a formal application may be submitted. Please refer to the Zone Change Checklist for all submittal requirements; staff is unable to accept incomplete applications. Applications must be submitted BY APPOINTMENT with a planner. When the application is submitted, a staff planner will be assigned to handle the case. This person is the project manager for the case and will be the contact at the City throughout the entire zone change process. The case manager will review the submittal application for content. If all submittal requirements have been met, the proposal will be referred to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for their review and comment, generally for a period of 15 days. 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. 4 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 recommendations to City Council. Publication in the Wheat Ridge Transcript, notice to adjacent landowners within 300', and posting of the property with signs are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail the 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. The case manager will prepare a staff report which will be presented at the Planning Commission public hearing. There is a specific set of criteria used to evaluate a requested zone change (Section 26-112.D. of the zoning and development code). A recommendation to Planning Commission will be made in the staff report based on these criteria. At the hearing, after the staff report is given, the applicant and members of the audience will be given a chance to give testimony regarding the application. Generally, a decision for recommendation will be made that same night. 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 must be approved by ordinance by the City Council which requires two readings. 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 public hearing date. The second reading of the ordinance is a public hearing. The same requirements for adjacent landowner notification, publication and property posting will be followed for the second reading as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. However, the ordinance approving the zone change does not go into effect until 15 days following the final publication of the ordinance. Keep in mind that the public hearings are quasi-judicial in nature. Please do not contact Planning Commissioners or City Council representatives to discuss the merits of the case prior to the public hearing. It could jeopardize their ability to hear the case. Depending on the nature of the zone change approval, subdivision and/or building permit applications may be required. Please be aware that this information is only a general overview of the process and submittal requirements for zone changes. There may be additional requirements specific to each case, and the overall length of the process can vary greatly depending on the circumstances of the case. As each zone change request is different, the purpose of the aforementioned pre -application meeting is for staff to review conceptual plans and give the applicant more information specific to his or her proposal. Utility Providers The City of Wheat Ridge is not a full-service city. include: The utility and service providers for this property • Wheat Ridge Water, phone: 303-424-2844 • Wheat Ridge Sanitation, phone: 303-424-7252 • Wheat Ridge Fire District #1, phone: 303-403-5900 5 All land use applicants should contact the individual service districts prior to application for a building permit. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Sara White —Planner II 303-235-2845 Joshua Botts — Planner 1 303-238-2849 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 Steve Art — Economic Development Manager 303-235-2806 31 C construction company, inc. 909 East 62nd Avenue • Denver, Colorado 80216 • 303.287.5525 • Fax 303.287.3697 - www.dcbl.com PROJECT NARRATIVE DEVELOPER: Carlson Associates, Inc. Contact: Scott Carlson 12460 15t Street Eastlake, CO 80614 PROJECT NAME: Carlson Self Storage — "Start up and Store" LOCATION: 1-70 & Marshall Street Wheat Ridge, Colorado The attached the site plan and proposed architectural inspiration sheets are provided for your initial review and feedback. The proposed development is a single phase of "private - start up" office / warehouse product in combination of individually rented self storage units. Proper setbacks and required screening will be provided as per the standards related to this zone district. This development is proposing the utilization and integration of architectural metals, minor areas of articulated masonry elements, and accent stucco elements to handle the architectural requirements. Landscaping elements will reflect the requirements of the zone district and specifically enhance entry elements and the transition areas from the ROW. Regards, dcb Construction Company Inc. Barry A. Sherman Vice President of Design construction Prolei-rionelr rinco 1960 BUILDINGS 1-6: 52,0130 NSF TOTAL STORAGE 94A00 NSF 1. Site Plan Scale: f = 50' Interslate 70 and 761ntenwhon (at Mashall St and W 49th Avenue) Wheat Rk*, Colorado Interstate 70 and 761n1ersection (at Marshall Stand W 49th Avenue) Wheal Ridge. Colorado City of Wheat -Midge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant dcb Construction, Inc.Address 909 E. 62nd Ave. Phone303.287.552 City Denver State CO Zip 80216 Fax303.287.3697 Owner Carlson Associates, Inc. Address P.O. Box 247 Phone303.457.296E City Eastlake State CO Zip 80614-0247 Fax 303.280.2978 Contact_ Ryan Rogers* Address909 E. 62nd Ave. Phone303.287.552 City Denver State CO Zip 80216 Fax 303, 287 . 3697 (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 for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 4 901 Marshall St., Wheat Ridge, CO 80033 Type of action requested (check one or more of the actions listed below which pertain to your request): !'lease 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: See attached. Required information: Assessors Parcel Number: 39-133-05-006 Size of Lot (acres or square footage): 6.5 a c Current Zoning: I -E, C-1, A-1 Proposed Zoning: I -E Current Use: Unoccupied Proposed Use: private start-up office/warehouse & as nraQa I certify that the information and exhibits herewith submitted are true and correct to the best ofmy knowledge and that in filing this application, l am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -o - from the owner whf pproved of this action on his behalf. Notarized Signature of Applicant State of Colorad County of S } ss The foregoing instrument (Land Use Processing Application) was acknowledged JENNIFER ZAMORA by a this IS day of Jere , 20 lS by Q­V1!N NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144011909 Nc y Public U MY COMMISSION EXPIRES MARCH 14, 20 My commission expires 3 / 114 /20ffl To be tilled of b sta f: f.{ (' / Date received Fee $ Receipt NoCWl t lCase No. WI ^ `✓ 03 Comp Plan Design. Zoning Related Case No. Pre-AppMtg. D e Quarter Section p g Case Manager Case No. WZ1503 Date Received 6/19/2015 Related Cases Case Planner Reckert Case DescriptiorZone change from I -E, C-1 and A-1 to I -E. App&eot /n/onwa fiirvr Name cdb Construction, Inc. Name Phone (303) 2B7-5525 Address 909E 62nd Ave. - -- City Denver State CO Zip ;_80216- .. - oW11W/ w5im - Name Carlson Associates, Inc. Name Phone (303) 457.2966 Address PO Box 247 City Eastlake State CO Zip 80614.0247 Coatacl /vr/ovxva/tiwr Name Ryan Rogers Name Phone (303) 287.5525 Address 909 E. 62nd Ave. .., City (Denver State CO Zip '80216- Pvirrjecf /ns/nv�a/kNr Address 4901 Street 'Marshall St. City tWheat Ridge State CO Zip 80033 ------ Location Description— � � Project Name Carlson Rezone on Marshall Parcel No Qtr Section District No Referral Out: Comments #2 Sent: Admin Posting Start:_ 3913305006 SW13 II �_ Referral Due: [ I Submittal #3 Rcvd: Admin Posting End: Comments #1 Sent—� Comments #3 Sent: Submital #2 Rcvd -- -_........... 11 ...... _ Reviervr Pre -App Date 1/29/2015 Neighborhood Meeting Date App No: APP1504 j'; Public Hearing Review Type Review Body Review Date Disposition Comments Report Review '2 PC 1J Q . First Reading CC Public Hearing SJ CC VISPOSdIOR Case Disposition F-- Pisposition Date Conditions of Approval Notes - __...._ Status Res # Ord # - Open Recorded Date: (- _ . `------- ._—...; Storage:., _ Reception #: I----------------- City of Wheat Ridge 06/19/2015 08:4' CDBB REZONE APPLICATION FOR 4981 MARSHALL S1. CDBO11908 AMOUNT FMSD ZONING REIMBURSEMENT FEE 225.00 FMSD ZONING APPLICATION FEES 1,475.00 PAYMENT RECEIVED AM7UNT CHECK: 11861 1,700.00 TOTAL 1170.0