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WZ-14-09
City of Wheat Midge COMMUNITY DEVELOPMFN IT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. January 22, 2015 Mr. Eric Chekal Regency Centers, L.P. 8480 E. Orchard Rd., Suite 6900 Greenwood Village, CO 80111 Dear Mr. Chekal: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of January 12, 2015, City Council APPROVED Case No. WZ-14-09, a request for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property generally located at 3400 Youngfield Street, also known as the Applewood Village Shopping Center 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 and 260- 303-D of the Code of Laws. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26-501.E.4 of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night, and hours of operation limitations. 3. Public Works' recormnended language regarding access be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperation property owner. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, C��0 N ,IV vz� Kim Waggoner Administrative Assistant Enclosure: Draft of Minutes cc: WZ-14-09 (case file) WZ1409CC.doc www.ci.wheatridge.co.us Motion by Councilmember Davis to approve the amended consent agenda; seconded by Councilmember Starker; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 16-2014 — approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial -One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (Case No. WZ-14-09/Applewood Village Shopping Center) Councilmember Pond introduced Council Bill No. 16-2014. Clerk Shaver assigned Ordinance 1562. Mayor Jay opened the public hearing and swore in the speakers for the hearing. Meredith Reckert, City Planner, gave the staff presentation. She entered into the record the case file, packet material, and contents of the digital presentation. She noted that all proper posting, noticing and publishing requirements have been met. The rezoning involves a primary parcel at 32nd & Youngfiled, with additional parcels to the east. These parcels will be added to the existing Planned Commercial Development so that the entire shopping center will become a unit. The only property not included is the Qdoba/Mattress Firm building. The Holly West building will become a drive-through for Wells Fargo. The Old Chicago building will be redeveloped. Per the Outline Development Plan — o Drive-throughs will be allowed, with an administrative review process only. o Development standards are outlined, including setbacks and landscaping requirements. o New construction adjacent to a public street will have a 0-20 foot setback, pushed out to the street to accommodate pedestrian scale. o 35% building coverage, 55% hard surface parking, 10% landscaping o Maximum building height will be 50 feet. o Parking requires 4 spaces per 1,000 sq ft (shopping center standard) o Architectural requirements dictate following the City's design standards manual Due to a concern about the impact to neighboring residential properties use limitation and hours of operation can be set by the Planning Commission. Existing access points are not guaranteed to remain; staff wants to reserve the right to consolidate access points onto 32nd and Youngfield. Regarding the 5' X 155' sliver of property that has been discussed in the past: Council has authorized Urban renewal to proceed with acquisition This rezoning is consistent with guiding documents: Neighborhood Revitalization Strategy (2005), 1-70/Kipling Urban Renewal Plan, the City's Economic Development Strategy, and the 2009 Comprehensive Plan All service agencies have indicated they can serve the property. Planning Commission approved this rezoning. Staff recommends approval. Council had no questions. Will Damrath, representative of Regency Centers, highlighted some key points. • Regency is a 50 year old, publicly traded, real estate investment trust. They own 328 shopping centers. 86% of their portfolio are anchor centers, with a majority of the anchors being grocery stores. • They want to increase the occupancy rate and improve the center. • The rezoning is necessary to allow them to do the things they want to do. • Site specific plans will be coming in soon. • Drainage improvements are planned — especially on the south end. They are sensitive to the neighboring single family residential, and think their plan will actually provide better buffering. Council had no questions. There was no public comment Mayor Jay closed the public hearing. Motion by Councilmember Pond to approve Council Bill No. 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial -One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (Case No. WZ-14-09/Applewood Village Shopping Center) on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E and 260-303-D of the Code of Laws. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26- 501.E.4 of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night, and hours of operation limitations. 3. Public Works' recommended language regarding access be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperation property owner. seconded by Councilmember DiTullio; carried 8-0 City of '� W heat Riidgc (� ITEM NO: DATE: January 12, 2015 V REQUEST FOR CITY COUNCIL ACTION FIF U0 TITLE: COUNCIL BILL NO. 16-2014 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL -ONE (C-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ ORDINANCES FOR IT READING (12/08/2014) ® ORDINANCES FOR 2ND READING (1/12//2015) Community Development Director ❑ NO City Manager ISSUE: The applicant is requesting a zone change from Neighborhood Commercial, Restricted Commercial and Commercial -One to Planned Commercial Development. The location of the zone change is the Applewood Village Shopping Center in the western quadrant of the City of Wheat Ridge. It is the intent of this application to incorporate new ownership parcels, consolidate the boundary of the center and to prepare several existing building pads for new development. While portions of the property have been zoned planned development for over forty years, there has never been a unifying zoning document. The proposed ODP will fulfill this need. The zone change and ODP approval is the first step in the process for approval of future development on this site. The second step of the process is the Specific Development Plan (SDP) and plat, which will be subject to Planning Commission and/or City Council review and approval. Council Action Form — Applewood Rezoning January 12, 2015 Page 2 PRIOR ACTION: Planning Commission heard the request at a public hearing on November 6, 2014 and recommended approval for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I-70/Kipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26-501.E.4. of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner. The staff report and meeting minutes from the Planning Commission public hearing are attached. FINANCIAL IMPACT: Fees in the amount of $1,573 were collected for the review and processing of Case No. WZ-14-09. BACKGROUND: Subject Property The Applewood Village Shopping Center is comprised of approximately 35 acres and is bordered by West 38`h Avenue to the north, low density residential neighborhoods to the north and east, West 32nd to the south, and Youngfield Street and I-70 to the west. The shopping center was initially developed in the early to mid -1960's. The shopping center is comprised of numerous parcels and buildings and is the largest commercial center in the City. Existing businesses on the site include King Soopers, Walmart, Wells Fargo Bank and Applejack Liquor. The northern portion of the site is primarily zoned Planned Commercial Development. The southern portion has a mix of zoning including Restricted Commercial (R -C), Neighborhood Commercial (N -C), Commercial -One (C-1) and Planned Commercial Development (PCD). The center has been through a series of development plan amendments to facilitate new development as needed prior to new construction on the site. Most of the new development on the site will occur on the south end. Council Action Form — Applewood Rezoning January 12, 2015 Page 3 The shopping center is located in a busy commercial corridor and has easy access to I-70 through the 32nd Avenue and Youngfield on/off ramps. Youngfield and both West 32nd and 38`x' Avenues are classified as minor arterials and carry numerous vehicles per day. The location is also a popular stop for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop. Adjacent Zoning and Land Use Surrounding properties include a variety of land uses. On the east and north sides of the center are residential neighborhoods, generally zoned R-lA. To the south across West 32nd Avenue are a mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that, I- 70. Proposed Zoning and Outline Development Plan (ODP) The proposed ODP recognizes existing conditions and establishes standards and guidelines for new development areas. The ODP also includes parcels which the owner, Regency Centers, has under contract for purchase. Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office, service and retail uses, including large format retail stores. By following the C-1 regulations, the current protocol for new drive-through uses is to process a separate Special Use Permit. The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit for drive-through facilities as uses by right. This modification would accommodate uses such as fast food drive-throughs, fueling stations and drive-through banking facilities. Such uses would still be subject to City review and approval through the Specific Development Plan process. Development standards established by the ODP include a 0'-20' build -to line, a maximum of 35% building coverage (526,803 square feet), 55% hard surfaced coverage, a minimum 10% landscaped coverage and maximum building height of 50'. Overall parking on the site is required at a rate of four spaces per 1000 square feet of gross building coverage which is consistent with the requirements in the zoning code for unified shopping centers over 100,000 square feet in size. Architecture will follow the requirements specified in the Architectural and Site Design Manual (ASDM). Minimal mention is made on the ODP regarding buffering for adjacent residential uses. This is of particular concern with the redevelopment area located in the southeast corner of the property. In addition to low density residential property to the east, there are substantial grade changes which will challenge mitigation efforts. For buffering purposes and to maintain compatibility with adjacent uses, Staff recommends language be added to the plan that development in this area includes consideration for upgraded vertical landscaping, reduction of lighting at night and business hour limitations. Council Action Form — Applewood Rezoning January 12, 2015 Page 4 Access points shown into the shopping center include primary accesses from 32nd and 38`h Avenue and from a signalized access point from Youngfield at roughly mid -point in the shopping center. There are also minor access points for individual parcels along both 32nd and Youngfield. Staff is considering the access points shown as existing conditions and not a guarantee that the accesses shown will be allowed with new development. At the time of SDP review, staff reserves the right to evaluate the areas of redevelopment with potential consolidation of access points being a goal. Internal access will also be evaluated and potentially redesigned along with consolidation of street access points. Staff is recommending the following language be shown on Sheet Two: "The access points and internal circulation shown on this ODP reflect the existing conditions for the overall development at the time of the adoption of the ODP. The access points may change, likely consolidated, as individual parcels are redeveloped and incorporated into the overall development. This would also likely cause a change in the internal circulation shown on the ODP. Changes to the number and location of the access points and resulting changes to the internal circulation that may occur as a result of redevelopment of individual or multiple parcels will be evaluated during the review of the site specific development plans for those parcels. Revisions to the ODP will not be required unless deemed necessary by the Director of Community Development." Guiding Documents When staff reviews a zone change application, there is specific criteria in Section 26-122.E. of the City Code which must be evaluated in regard to the request. One of the criteria is compliance with the City's guiding documents. In this case, there are four documents which must be considered: the Neighborhood Revitalization Strategy, Envision Wheat Ridge, I-70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy. The Neighborhood Revitalization Strategy identifies strategies for the City to become a "community of choice" by upgrading and increasing housing stock, being "open for business" through City processes and procedures and targeting underutilized properties for redevelopment. Envision Wheat Ridge is the City's Comprehensive Plan which designates this property as being Mixed—Use Commercial within a Community Commercial Center with Youngfield designated as a Primary Commercial Corridor. The 32nd Avenue/1-70 interchange is also designated as a Primary Gateway into the City of Wheat Ridge. The Applewood Center is also a part of the 1-70/Kipling Corridors Urban Renewal Plan. The Urban Renewal Plan was created to assist with redevelopment of properties in the defined area including development along the Youngfield/1-70 corridor by remediating and removing blight. The Plan identifies a unique opportunity to create a series of destinations that are both region - serving and locally supportive. The Plan authorizes Renewal Wheat Ridge (RWR) to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Plan area. Council Action Form — Applewood Rezoning January 12, 2015 Page 5 The Economic Development Strategy was adopted with a broad goal of retaining and increasing retail and revenue -generating activities in commercial activity centers. The Applewood Shopping Center is the City's largest producer of sales tax revenues and is a primary shopping district for the surrounding neighborhoods. The rezoning of the center will support the Economic Development Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and attracting retail growth, and rehabilitating under-utilized retail space. Staff has concluded that the zone change and ODP document are consistent with the goals and objectives established by these documents. Further analysis of the zoning criteria will occur at the time of the City Council public hearing. Incorporation of the Sliver A small strip of land located north of the parcel under contract at 12525 W. 32nd Avenue is under separate ownership from the shopping center and needs to be incorporated into the PCD and ODP. The owners of the Applewood Shopping Center have made attempts to purchase the parcel, but have been unable to do so because of the inability to locate the parcel owners, a long -dissolved corporation. Renewal Wheat Ridge is pursuing acquisition of this small parcel of land and City Council has approved the use of condemnation, should that be necessary. The property has been tax delinquent for many years. It is not buildable and is valued at slightly less than $1000 based on a recent appraisal that RWR commissioned. RWR then intends to convey the parcel to the shopping center owner. It is logical to consider rezoning the parcel so that it is incorporated into the overall development plans for the entire center. On August 25, 2014, City Council authorized staff to initiate rezoning of the sliver. On October 27, 2014, City Council authorized Renewal Wheat Ridge to use eminent domain to acquire the parcel. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial -One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on second reading and that it take effect 15 days after final publication for the following reasons: I . 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 required rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The required rezoning has been found to comply with the "criteria for review" in Section 26-112- E and 260-303-D of the Code of Laws. With the following conditions: Council Action Form — Applewood Rezoning January 12, 2015 Page 6 1. A note be added that bicycle parking should be consistent with Section 26-501.E.4. of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language regarding access be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner." Or, "I move to deny Council Bill No. 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial -One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on second reading for the following reasons: 1. 2. 3." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2014 2. Planning Commission staff report dated November 6, 2014 3. Planning Commission minutes dated November 6, 2014 ♦ " r City Of Wh6atP,Ldgc POSTING CERTIFICATION CASE NO. WZ-14-01 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: --TA 1- I, (name) residing at 22 Sfo�,(flC asp �tL;,c- LC- CD fSo r23 (address) as the applicant for Case No. 1(_9 -Zc j +- , hereby certify that I have posted the Notice of Public Hearing at (4 C.cx ,T�. Sam A -TrAC H!c 32gb y (location) on this I Cl day of n �� ��-� , 20 14- , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge City Council on January 12, 2015, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-09: An application filed by Regency Centers, L.P. for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property located generally at 3400 Youngfield Street, also known as the Applewood Village Shopping Center. Published: Wheat Ridge Transcript, December 25, 2014 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge City Council on January 12, 2015, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29t" Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-09: An application filed by Regency Centers, L.P. for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property located generally at 3400 Youngfield Street, also known as the Applewood Village Shopping Center. Said property is legally described as follows: A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED BELOW: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29 AND CONSIDERING THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER TO BEAR S89029'29"W WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89 -29'29"W A DISTANCE OF 1263.09 FEET; THENCE N00'30'31"W, A DISTANCE OF 98.24 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT-OF-WAY FOR YOUNGFIELD STREET AND 60.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE PARALLEL TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00°54'01"W, A DISTANCE OF 556.10 FEET TO THE SOUTHWEST CORNER OF LOT 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION THENCE THE FOLLOWING TEN (10) COURSES ALONG THE WEST, NORTH AND EAST BOUNDARIES OF SAID LOT 1: 1. CONTINUING PARALLEL TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00'54'01"W, A DISTANCE OF 667.77 FEET; 2. N89 -26'17"E, A DISTANCE OF 150.00 FEET; 3. N00 -54'01"W, A DISTANCE OF 200.00 FEET; 4. 589'26'17"W, A DISTANCE OF 150.00 FEET; 5. PARALLEL TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00-54'01"W, A DISTANCE OF 135.14 FEET; 6. ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET AND A CENTRAL ANGLE OF 77°25'57", AN ARC DISTANCE OF 245.96 FEET WITH A CHORD BEARING N37-48'56"E, A DISTANCE OF 227.67 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY FOR W. 38TH AVE.; 7. ALONG SAID SOUTH RIGHT-OF-WAY, N76-31'47"E, A DISTANCE OF 701.71 FEET; 8. S00-46'08"E, A DISTANCE OF 670.37 FEET; 9. S89-26'17"W, A DISTANCE OF 0.68 FEET; 10. 500°53'19"E, A DISTANCE OF 762.82 FEET TO THE NORTHEAST CORNER OF LOT 2, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION; THENCE CONTINUING, S00°53'19"E ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 133.50 FEET TO THE NORTHWEST CORNER OF LOT 19, APPLEWOOD VILLAGE; THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE NORTHERLY, EASTERLY AND SOUTH BOUNDARIES OF LOTS 19 AND 20, APPLEWOOD VILLAGE: 1. 548°30'24"E, A DISTANCE OF 234.05 FEET; 2. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 18838'41", AN ARC DISTANCE OF 148.16 FEET WITH A CHORD BEARING S37-10'16"W, A DISTANCE OF 89.74 FEET; 3. S00-54'01"E, A DISTANCE OF 38.91 FEET; 4. 58929'29"W, A DISTANCE OF 117.57 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE CONTINUING, S89-29'29"W, A DISTANCE OF 37.43 FEET TO THE NORTHEAST CORNER OF LOT 23, APPLEWOOD VILLAGE; THENCE ALONG THE EAST LINE OF SAID LOT 23, S00-54'01"E, A DISTANCE OF 115.21 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2008031587; THENCE THE FOLLOWING TWO (2) COURSES ALONG THE NORTH BOUNDARY OF SAID PARCEL: 1. N82'31'21"W, A DISTANCE OF 83.90 FEET; 2, N88°13'59"W, A DISTANCE OF 72.07 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 2008093175; THENCE THE FOLLOWING TEN (10) COURSES ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL: 1. N88-14'22"W, A DISTANCE OF 58.35 FEET; 2. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 87°14'16", AN ARC DISTANCE OF 14.46 FEET WITH A CHORD BEARING N44°37'16"W, A DISTANCE OF 13.11 FEET; 3. 589'05'15"W, A DISTANCE OF 87.36 FEET,- 4. EET;4. S00-24'32"E, A DISTANCE OF 8.16 FEET; 5. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 89°32'21", AN ARC DISTANCE OF 14.85 FEET WITH A CHORD BEARING S44°21'39"W, A DISTANCE OF 13.38 FEET; 6. S89'07'49"W, A DISTANCE OF 136.21 FEET; 7. ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 9040'44", AN ARC DISTANCE OF 15.04 FEET WITH A CHORD BEARING N45 -31'50"W, A DISTANCE OF 13.51 FEET; 8. N00°11'28"W, A DISTANCE OF 2.00 FEET; 9. S89 -48'32"W, A DISTANCE OF 32.54 FEET; 10. THENCE S00°54'01"E, A DISTANCE OF 4.64 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2011096840; THENCE ALONG THE NORTH LINE OF SAID PARCEL, S89 -29'29"W, A DISTANCE OF 149.91 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2011096812; THENCE THE FOLLOWING TWO (2) COURSES ALONG THE NORTH LINE OF SAID PARCEL: I. CONTINUING S89'29'29"W, A DISTANCE OF 100.77 FEET; 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 39.50 FEET AND A CENTRAL ANGLE OF 89°36'53", AN ARC DISTANCE OF 61.78 FEET WITH A CHORD BEARING N45'42'05"W, A DISTANCE OF 55.67 FEET TO THE POINT OF BEGINNING; CONTAINING 1,505,152 SQUARE FEET OR 34.554 ACRES, MORE OR LESS. �Allvk Kim Waggnncr. Admimstraw6c Assistant City of _]��WheatR, dge I ITEM NO: DATE December 8, 2014 REQUEST OR CITY COUNCIL ACTON TITLE: COUNCIL BILL NO. 16-2014 — AN ORDINANCE APPROVING I I h THE REZONING OF PROPERTY LOCATED GENERALLY N ►Y� u� d AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD ��, w 1►�I COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL-ONEC-1 ( ) TO PLANNED n COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-141PEW�OD VILLAGE HOPPING CENTER) Lr r%L WdJ 0�II r p s v.,, ❑ PUBLIC HEARING 7 ® ORDINANCES FOR 1 ST READING (12/08/2014 ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (1/12//2015) ❑ RESOLUTIONS QUASI-JUDICIAL: p, ® YES � ') )I " r;t7.'— ommunity evelo Ment Director ❑ NO L J-4 City Manager ISSUE• The applicant is requesting a zone change from Neighborhood Commercial, Restricted Commercial and Commercial -One to Planned Commercial Development. The location of the zone change is the Applewood Village Shopping Center in the western quadrant of the City of Wheat Ridge. It is the intent of this application to incorporate new ownership parcels, consolidate the boundary of the center and to prepare several existing building pads for new development. While portions of the property have been zoned planned development for over forty years, there has never been a unifying zoning document. The proposed ODP will fulfill this need. The zone change and ODP approval is the first step in the process for approval of future development on this site. The second step of the process is the Specific Development Plan (SDP) and plat, which will be subject to Planning Commission and/or City Council review and approval. Council Action Form — Applewood Rezoning December 8, 2014 Page 2 PRIOR ACTION: Planning Commission heard the request at a public hearing on November 6, 2014 and recommended approval with conditions. 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 $1,573 were collected for the review and processing of Case No. WZ-14-09. BACKGROUND: Subject Property The Applewood Village Shopping Center is comprised of approximately 35 acres and is bordered by West 38th Avenue to the north, low density residential neighborhoods to the north and east, West 32nd to the south, and Youngfield Street and I-70 to the west. The shopping center was initially developed in the early to mid -1960's. The shopping center is comprised of numerous parcels and buildings and is the largest commercial center in the City. Existing businesses on the site include King Soopers, Walmart, Wells Fargo Bank and Applejack Liquor. The northern portion of the site is primarily zoned Planned Commercial Development. The southern portion has a mix of zoning including Restricted Commercial (R -C), Neighborhood Commercial (N -C), Commercial -One (C-1) and Planned Commercial Development (PCD). The center has been through a series of development plan amendments to facilitate new development as needed prior to new construction on the site. Most of the new development on the site will occur on the south end. The shopping center is located in a busy commercial corridor and has easy access to 1-70 through the 32nd Avenue and Youngfield on/off ramps. Youngfield and both West 32nd and 38th Avenues are classified as minor arterials and carry numerous vehicles per day. The location is also a popular stop for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop. Adjacent Zoning and Land Use Surrounding properties include a variety of land uses. On the east and north sides of the center are residential neighborhoods, generally zoned R- IA. To the south across West 32nd Avenue are a mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that, 1- 70. Proposed Zoning and Outline Development Plan (ODP) The proposed ODP recognizes existing conditions and establishes standards and guidelines for new development areas. The ODP also include parcels which the owner, Regency Centers, has under contract for purchase. Council Action Form — Applewood Rezoning December 8, 2014 Page 3 Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office, service and retail uses, including large format retail stores. By following the C-1 regulations, the current protocol for new drive-through uses is to process a separate Special Use Permit. The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit for drive-through facilities as uses by right. This modification would accommodate uses such as fast food drive-throughs, fueling stations and drive-through banking facilities. Such uses would still be subject to City review and approval through the Specific Development Plan process. Development standards established by the ODP include a 0'-20' build -to line, a maximum of 35% building coverage (526,803 square feet), 55% hard surfaced coverage, a minimum 10% landscaped coverage and maximum building height of 50'. Overall parking on the site is required at a rate of four spaces per 1000 square feet of gross building coverage which is consistent with the requirements in the zoning code for unified shopping centers over 100,000 square feet in size. Architecture will follow the requirements specified in the Architectural and Site Design Manual (ASDM). Minimal mention is made on the ODP regarding buffering for adjacent residential uses. This is of particular concern with the redevelopment area located in the southeast corner of the property. In addition to low density residential property to the east, there are substantial grade changes which will challenge mitigation efforts. For buffering purposes and to maintain compatibility with adjacent uses, Staff recommends language be added to the plan that development in this area includes consideration for upgraded vertical landscaping, reduction of lighting at night and business hour limitations. Guiding Documents When staff reviews a zone change application, there is specific criteria in Section 26-122.E. of the City Code which must be evaluated in regard to the request. One of the criteria is compliance with the City's guiding documents. In this case, there are four documents which must be considered: the Neighborhood Revitalization Strategy, Envision Wheat Ridge, I-70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy. The Neighborhood Revitalization Strategy identifies strategies for the City to become a "community of choice" by upgrading and increasing housing stock, being "open for business" through City processes and procedures and targeting underutilized properties for redevelopment. Envision Wheat Ridge is the City's Comprehensive Plan which designates this property as being Mixed—Use Commercial within a Community Commercial Center with Youngfield designated as a Primary Commercial Corridor. The 32nd Avenue/1-70 interchange is also designated as a Primary Gateway into the City of Wheat Ridge. The Applewood Center is also a part of the I-70/Kipling Corridors Urban Renewal Plan. The Council Action Form — Applewood Rezoning December 8, 2014 Page 4 Urban Renewal Plan was created to assist with redevelopment of properties in the defined area including development along the Youngfield/I-70 corridor by remediating and removing blight. The Plan identifies a unique opportunity to create a series of destinations that are both region - serving and locally supportive. The Plan authorizes Renewal Wheat Ridge (RWR) to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Plan area. The Economic Development Strategy was adopted with a broad goal of retaining and increasing retail and revenue -generating activities in commercial activity centers. The Applewood Shopping Center is the City's largest producer of sales tax revenues and is a primary shopping district for the surrounding neighborhoods. The rezoning of the center will support the Economic Development Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and attracting retail growth, and rehabilitating under-utilized retail space. Staff has concluded that the zone change and ODP document are consistent with the goals and objectives established by these documents. Further analysis of the zoning criteria will occur at the time of the City Council public hearing. Incorporation of the Sliver A small strip of land located north of the parcel under contract at 12525 W. 32°d Avenue is under separate ownership from the shopping center and needs to be incorporated into the PCD and ODP. The owners of the Applewood Shopping Center have made attempts to purchase the parcel, but have been unable to do so because of the inability to locate the parcel owners, a long -dissolved corporation. Renewal Wheat Ridge is pursuing acquisition of this small parcel of land and City Council has approved the use of condemnation, should that be necessary. The property has been tax delinquent for many years. It is not buildable and is valued at slightly less than $1000 based on a recent appraisal that RWR commissioned. RWR then intends to convey the parcel to the shopping center owner. It is logical to consider rezoning the parcel so that it is incorporated into the overall development plans for the entire center. On August 25, 2014, City Council authorized staff to initiate rezoning of the sliver. On October 27, 2014, City Council authorized Renewal Wheat Ridge to use eminent domain to acquire the parcel. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial -One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on first reading, order it published, public hearing set for Monday, January 12, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Council Action Form — Applewood Rezoning December 8, 2014 Page 5 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 16 ORDINANCE NO. Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL -ONE (C-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER) 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, Regency Centers, LLC has submitted a land use application for approval of a zone change to Planned Commercial Development for property located in the Applewood Village Shopping Center generally addressed as 3400 Youngfield Street; and, WHEREAS, the proposed zone change is supported by the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat; the 1-70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy; and, WHEREAS, the zone change criteria specified in Section 26-112 support approval of the request, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Regency Centers for approval of a zone change for property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), Commercial -One (C-1) and Planned Commercial Development (PCD) to Planned Commercial Development and for approval of an Outline Development Plan, 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 located in the Northwest One -Quarter of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described below: Commencing at the Southeast corner of the Northwest One -Quarter of said Section 29 and considering the South line of said Northwest One -Quarter to bear S89029'29"W with all bearings herein relative thereto; ATTACHMENT 1 Thence along said South line, S89029'29"W a distance of 1263.09 feet; Thence N00°30'31 "W, a distance of 98.24 feet to the Point of Beginning, said point being on the East Right -of -Way for Youngfield Street and 60.00 feet East of the West line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29; Thence parallel to the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29, N00054'01 "W, a distance of 556.10 feet to the Southwest corner of Lot 1, Applewood Village Shopping Center Subdivision Thence the following ten (10) courses along the West, North and East boundaries of said Lot 1: 1. Continuing parallel to the West line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29, N00°54'01 "W, a distance of 667.77 feet; 2. N89026'1 7"E, a distance of 150.00 feet; 3. N00054'01"W, a distance of 200.00 feet; 4. S89026'1 7"W, a distance of 150.00 feet; 5. Parallel to the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29, N00°54'01 "W, a distance of 135.14 feet; 6. Along the arc of a non -tangent curve to the right having a radius of 182.00 feet and a central angle of 77025'57", an arc distance of 245.96 feet with a chord bearing N37°48'56"E, a distance of 227.67 feet to a point on the South Right -of - Way for W. 38th Ave.; 7. Along said South Right -of -Way, N76°31'47"E, a distance of 701.71 feet; 8. S00°46'08"E, a distance of 670.37 feet; 9. S89'26'1 7"W, a distance of 0.68 feet; 10. S00053'1 9"E, a distance of 762.82 feet to the Northeast corner of Lot 2, Applewood Village Shopping Center Subdivision; Thence continuing, S00o 5319„E along the East line of said Lot 2, a distance of 133.50 feet to the Northwest corner of Lot 19, Applewood Village; Thence the following four (4) courses along the Northerly, Easterly and South boundaries of Lots 19 and 20, Applewood Village: 1. S48030'24"E, a distance of 234.05 feet; 2. Along the arc of a non -tangent curve to the left having a radius of 45.00 feet and a central angle of 188°38'41", an arc distance of 148.16 feet with a chord bearing S37°10'16"W, a distance of 89.74 feet; 3. S00°54'01 "E, a distance of 38.91 feet; 4. S89°29'29"W, a distance of 117.57 feet to the Southwest corner of said Lot 20; Thence continuing, S89029'29"W, a distance of 37.43 feet to the Northeast corner of Lot 23, Applewood Village; Thence along the east line of said Lot 23, S00°54'01 "E, a distance of 115.21 feet to a point on the North line of the parcel described by the Special Warranty Deed recorded at Reception No. 2008031587; Thence the following two (2) courses along the North boundary of said parcel: 1. N82°31'21 "W, a distance of 83.90 feet; 2. N88'1 3'59"W, a distance of 72.07 feet to the Northeast corner of the parcel described by the Bargain and Sale Deed recorded at Reception No. 2008093175; Thence the following ten (10) courses along the Northerly boundary of said parcel. - 1 . arcel:1. N88014'22"W, a distance of 58.35 feet; 2. Along the arc of a non -tangent curve to the left having a radius of 9.50 feet and a central angle of 87°14'16", an arc distance of 14.46 feet with a chord bearing N44°37'16"W, a distance of 13.11 feet; 3. S89005'1 5"W, a distance of 87.36 feet; 4. S00024'32"E, a distance of 8.16 feet; 5. Along the arc of a curve to the right having a radius of 9.50 feet and a central angle of 89°32'21 ", an arc distance of 14.85 feet with a chord bearing S44021'39"W, a distance of 13.38 feet; 6. S89°07'49"W, a distance of 136.21 feet; 7. Along the arc of a non -tangent curve to the right having a radius of 9.50 feet and a central angle of 90°40'44", an arc distance of 15.04 feet with a chord bearing N45031'50"W, a distance of 13.51 feet; 8. N0001 1'28"W, a distance of 2.00 feet; 9. S89°48'32"W, a distance of 32.54 feet; 10. Thence S00054'01 "E, a distance of 4.64 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011096840; Thence along the North line of said parcel, S89029'29"W, a distance of 149.91 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011096812; Thence the following two (2) courses along the North line of said parcel: 1. Continuing S89029'29"W, a distance of 100.77 feet; 2. Along the arc of a curve to the right having a radius of 39.50 feet and a central angle of 89°3653", an arc distance of 61.78 feet with a chord bearing N45042'05"W, a distance of 55.67 feet to the Point of Beginning; Containing 1,505,152 square feet or 34.554 acres, more or less. 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 _ to _ on this 8th day of December, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, January 12, 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 8th day of December, 2014. SIGNED by the Mayor on this day of , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: City of ' Wheat P,,j,.(Ag,e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. November 18, 2014 Mr. Eric Chekal Regency Centers, L.P. 8480 E. Orchard Rd., Suite 6900 Greenwood Village, CO 80111 Dear Mr. Chekal: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of November 6, 2014, Planning Commission recommended APPROVAL of Case No. WZ-14-09, a request for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property generally located at 3400 Youngfield Street, also known as the Applewood Village Shopping Center for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I-70/Kipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26-501.E.4 of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner. Your request for approval of a zone change is scheduled for public hearing before City Council at 7:00 p.m. on January 12, 2015. Please feel free to contact me at 303-235-2846 if you have any questions. www.ci.wheatridge.co.us 7. PUBLIC HEARING A. Case No. WZ-14-09: Ms. Reckert presented the case. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. Commissioner BUCKNAM inquired about the ownership of the non -included parcel to the southeast. Ms. Reckert stated the parcel is under separate ownership and not included in the request. Commissioner BUCKNAM stated a large portion of the site was designed and built in the 1970's but there has never been an Outline Development Plan (ODP) for the development. Ms. Reckert stated the site has not been reviewed comprehensively. This application will fulfill the need for an Outline Development Plan (ODP). Commissioner BUCKNAM asked if Specific Development Plans (SPD's) will be required for specific new builds only and not the entire development. Ms. Reckert replied yes, that is correct. Commissioner WEAVER inquired if and when a traffic study will be done. Ms. Reckert stated the applicant is in the process of submitting a traffic study for the entire site and individual site analysis will be reviewed on an incremental basis as specific development plan applications occur. In response to Commissioner WEAVER's inquiry, Ms. Reckert stated landscaping will be reviewed as development occurs. Commissioner DORSEY stated there should be more limited access to the center from Youngfield Street and suggested another traffic signal at the entrance from 32nd Avenue. Ms. Reckert stated the traffic study will dictate requirements and staff wants to reserve the right to look at access points and limit them. Language has been added as a condition. Commissioner DORSEY indicated most of development will be on the southeast corner and it should be addressed with a traffic signal. Commissioner BUCKNAM inquired about the buffering along Wright Court and asked if staff has specifics in mind in regard to the upgraded vertical landscaping. Ms. Reckert stated a landscaping plan will be reviewed as part of the SDP. Eric Chekal Regency Centers 8480 E Orchard, Suite 6900 Greenwood Village 80111 Mr. Chekal introduced Dennis Sobieski, Civil Engineer, Dick Ansteth, Architect and Land Planner and Will Damrath, Regional Officer for Regency Centers. He stated Regency Centers is a national company and owns 328 centers nationally. Regency Centers owns, develops and operates the shopping centers. He reviewed a slide presentation and provided hardcopies to the Commissioners. The site was acquired in 2005. The goal is to make the center more vibrant than it is today with a leasing rate of 95% or more. Currently, much less is leased due to circulation, dilapidated buildings,pedestrian/vehicular connectivity and generally needed improvements. The corner of 32" & Youngfield Street was acquired in 2013. Since then the gas station and retail shop building have been demolished. Wells Fargo would like to add a drive thru banking facility behind their new building at 3490 Youngfield. The ODP will allow investment and redesign for the shopping center. A master sign program will be created to consolidate signs for better tenant visibility. Regency Center envisions more restaurants, creating some pedestrian connected place making, bike racks, better way- finding and access points. The water quality detention area needs to be built east of the future SDP area in the southeast corner of the site to consolidate current multiple ponds. It will create significate screened buffering to the adjacent residential area. Wells Fargo and King Soopers are currently working on SDP applications. In response to Commissioner KIMSEY's inquiry, Mr. Chekal replied that approximately 50,000 square feet of vacant tenant space is currently available. Commissioner BUCKNAM inquired about the lower elevation parking lot property not marked as future SDP area and asked if it will remain as parking. Mr. Chekal stated the intent is to include it in the future SDP for the King Sooper fueling station. Commissioner Bucknam wondered about impact to residences on Wright Street in relation to ground water run-off and odor associated with the fuel center. Mr. Chekal stated the focus is to put something with good masonry at the entrance with good connections for vehicles and pedestrians. Vice Chair OHM opened the public hearing. Donald Winton 12590 W. 32nd Ave Mr. Winton stated he lives across the street from the proposed gas station and entrance from 32nd Avenue. He asked if there were any consideration for the homeowners and the impact on property values due to the gas station with lighting, noise, and the extended business hours. He has witnessed numerous accidents (some in his yard) as a result of left-hand turning movements out of the complex. He suggested only allowing right turns in and out at that entrance. Ms. Reckert deferred the traffic issues to the applicant. Mr. Chekal stated a traffic study is in process and at this time there is no plan to install a traffic signal based on the current wait times and level of service at that location . Further analysis will be done as additional SDP's are reviewed. Commissioner WEAVER inquired about lighting regulations. Ms. Reckert stated a condition has been added requiring the applicant to submit a photometric plan for the fuel center staff will review. Vice Chair OHM closed the public hearing. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend approval of Case No. WZ-14-09, a request for a zone change from Commercial -One, Restricted Commercial and Neighborhood Commercial to Planned Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following reasons: I. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I- 70/Kipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: I. A note be added that bicycle parking should be consistent with Section 26- 501.E.4 of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner. Motion approved 5-0. PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 6, 2014 Case No. WZ-14-09: A request for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property located generally at 3400 Youngfield Street, also known as the Applewood Village Shopping Center. 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R -IA RN-C -C PCO N R-2 3811, Avenue entrance 3500 Youngfield — not a part of application Entrance between Qdoba and Wells Fargo Wells Fargo - 3490 Youngfield - courtesy of Google maps � r Signalized Youngfield entrance Existing bank drive-through - 3298 Youngfield - courtesy of Google map 321111'/Youngfield intersection View from south — prior gas station and retail shops site moo ,�'t k�i�tl 12501 W. 32"'' - Old Wells Fargo Bank 6 JV A -oft 32nd Avenue entrance o ,F ' *AMA 12525 W. 32n11 Avenue View of Old Chicago building from Wright Ct APPLEWOOD VILLAGE SHOPPING CENTER - AMENDMENT #9 OUTLINE DEVELOPMENT PLAN sorsa •--�•-••. _.___. '�'2.SL'Z�.'l.SS_�116LT.3� Zai APPLEWOOD VILLAGE SHOPPING CENTER i WE i c M SHEET NO. 1 of 2 11/13/2014 APPLEWOOD VILLAGE SHOPPING CENTER - AMENDMENT NO OUTLINE DEVELOPMENT PLAN fp -_ . '.` APPLEWOOD VILLAGE SHOPPING CENTER SHEET NO. 2 of 2 Regency Centers ....... _. . 11/13/2014 10 Guiding Docs Neighborhood Revitalization Strategy — "open for business' goal, need for revitalization of underutilized commercial 1-70/Kipling Urban Renewal Plan — revitalize blighted areas, proposed zone change and redevelopment are consistent with plan Economic Development Strategy — creating new employment opportunities, retaining and attracting retail growth, rehabbing under-utilized retail areas Mixed Use Commercial Community Commercial Center Primary Commercial Corridors Envision Wheat Ridge Changed conditions Traffic W. 32nd Ave — 11,800 vtd W. 381h Ave 7400 vtd Youngfield — 22,800 vtd 1-70 — 84,000 Ad Infrastructure Youngfield/HW 58 improvements West 4011 Avenue underpass 321d Avenue — street widening, new traffic signals, left hand turn lanes, 8' path Private Improvements First Bank building — 3216/Youngfield Structure fagade improvements New single family residential — 38t1/Simms Clear Creek Crossing development Neighborhood meeting • Held on August 5, 2014 at Ridgeview Baptist Church • Roughly 40 attendees • Discussion included drainage, traffic, proposed redevelopment sites, buffering for adjacent uses, etc. Agency referrals • Con Mutual Water: Upgrades may be needed with redevelopment sites. • WR Fire: Will assess water supply, hydrant locations, site access and building layout at SDP. • WR Public Works: Has reviewed preliminary drainage - Has added language regarding future access and traffic study at SDP. • NW Lakewood Sanitation: Has adequate capacity to serve with upgrades. • Renewal WR: Consistent with UR plan. Staff recommendation • Staff recommends APPROVAL of the request: • City's guiding documents support the zone change and redevelopment opportunities • Zone change will facilitate investment and redevelopment • Evaluation criteria support approval • Utility agencies can serve with improvements at the developer's expense With conditions 1. Note be added regarding bicycle parking 2. Language be added regarding upgraded vertical landscaping, reduction of night lighting and operation hours limitation be considered adjacent to residential 3. Language be added regarding circulation and consolidation of access points at SDP 4. Economic Development Manager signature be added to title page . , ` . City of Wheat I , dge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: November 6, 2014 CASE NO. & NAME: WZ-14-09/Applewood Village Shopping Center ACTION REQUESTED: Approval of Planned commercial Development (PCD) zoning and an Outline Development (ODP) LOCATION OF REQUEST: Applewood Village Shopping Center generally addressed as 3400 Youngfield PROPERTY OWNER: Regency Centers APPROXIMATE AREA: 35 acres PRESENT ZONING: NC, RC, C-1 and PCD COMPREHENSIVE PLAN: Primary Commercial Corridor, Community Commercial Center, Mixed -Use Commercial ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Vicinity map on opposite page Planning Commission WZ-14-9/Applewood Village Shopping Center Planning Commission WZ-14-9/Applewood Village Shopping Center All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is requesting a zone change from Neighborhood Commercial, Restricted Commercial and Commercial -One to Planned Commercial Development. The location of the zone change is the Applewood Village Shopping Center which is comprised of approximately 35 acres in the western quadrant of the City of Wheat Ridge, adjacent to the I-70 corridor. The shopping center is bordered by West 38`h Avenue to the north, low density residential neighborhoods to the north and east, West 32"d to the south, and Youngfield Street to the west. (Exhibit 1, Aerial Photo) It is the intent of this application to incorporate new ownership parcels, consolidate the boundary of the center and to prepare several existing building pads for new development. (Exhibit 2, Letter of Request) While portions of the property have been zoned planned development for over forty years, there has never been a unifying zoning document. The attached ODP will fulfill this need. The City's planned development approval is a two-step process. The first step is for the zone change to PRD and approval of an Outline Development (ODP). The ODP document sets allowed uses and development standards for the property. The ODP also contains a general concept plan which labels areas of landscaping, parking, building footprints, access points and areas for new development. The ODP approval requires a public hearing in front of each Planning Commission and City Council. City Council is always the final authority for approval of zone changes so Planning Commission will be making a recommendation. The Specific Development Plan (SDP) and plat is the second step of the process which focuses on the details of the development such as final drainage, street improvements, architecture and final lot layout. New SDP approvals require review by Planning Commission. H. EXISTING CONDITIONS/PROPERTY HISTORY The Applewood Village Shopping Center is the City's largest commercial center. It serves area residents as well as drawing customers and patrons from the region. Numerous parcels and buildings comprise the Applewood Village Shopping Center. The northern portion of the site is primarily zoned Planned Commercial Development, having been rezoned initially in 1975. The southern portion has a mix of zoning including Restricted Commercial (R -C), Neighborhood Commercial (N -C), Commercial -One (C-1) and Planned Commercial Development (PCD). The center has been through a series of development plan amendments to facilitate new development as needed prior to new construction on the site. The shopping center was initially developed in the early to mid -1960's. The planned development zoning appears to have been approved for a portion of it in the 1970's. The northern portion of the site includes a large 224,883 square foot multi -tenant building. Those tenants currently include Walmart, Planning Commission 3 WZ-14-9/Applewood Village Shopping Center Petsmart and King Soopers. There are smaller retail tenants on the south side of the structure including a Thai Restaurant and a day -spa. This structure has frontage on West 38`h Avenue and is pushed back to the eastern perimeter of the shopping center. Parking and circulation generally occur on the west side of the building. An alley runs along the east side of this structure for loading. A bus transfer station for RTD is located at the northwest corner of the center near the intersection of 38`h and Youngfield. In the middle of the shopping center is a freestanding bank building built in 2011 occupied by Wells Fargo Bank, and several multi -tenant buildings leased to smaller retail tenants including Starbucks, Angelos' CD's and Smash Burger. These structures combined have roughly 31,000 square feet of tenant space. On the southern portion of the shopping center located toward Youngfield are several buildings, some of which will remain in their current configuration and others which will be demolished for new redevelopment opportunities. The existing structures to remain are the Applejack Liquor store building, a multi -tenant building with Abrusci's, Dardano's Shoes, and Famous Footwear and the Chili's restaurant building. Another existing structure to remain on the south side is a 10,820 sf structure with tenants including Chipotle and Noodles and Company. The majority of the pending redevelopment will occur on the southern side of the property on properties recently acquired. These properties include properties addressed as 3210 Youngfield, 12755 W. 32nd Avenue and 12525 W. 32nd Avenue. The shopping center is located in a busy commercial corridor and has easy access to 1-70 through the 32nd Avenue and Youngfield on/off ramps. Youngfield and both West 32nd and 38th Avenues are classified as minor arterials and carry numerous vehicles per day. The location is also a popular stop for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop. A major interior drive aisle connects 38`h and 32nd Avenues. Neither of these major access points is signalized Surrounding properties include a variety of land uses. On the east and north sides of the center are residential neighborhoods, generally zoned R -IA. To the south across West 32nd Avenue are a mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that, I-70. (Exhibit 3, Zoning map) The shopping center ownership comprises all parcels within the super block from 32nd to 38`h Avenue except for the Qdoba/Mattress Firm building addressed as 3500 Youngfield. Ill. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan which contains two sheets. The proposed ODP recognizes existing conditions and establishes standards and guidelines for new development areas. The ODP also include parcels which were recently purchased by the owner, Regency Centers. Those include properties currently addressed as 3210 Youngfield, 12755 W. 32nd Avenue and 12525 W. 32nd Avenue. (Exhibit 4, parcel exhibit) Planning Commission 4 WZ-14-9/Applewood Village Shopping Center On Sheet One, the ODP will set allowed uses and development standards for the property. The ODP also contains a graphic plan on Sheet Two which designates traffic circulation, existing building footprints, potential redevelopment areas and general development themes. (Exhibit 5, ODP document) SHEET ONE Allowable Uses: Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office, service and retail uses, including large format retail stores. Specific uses allowed in the C-1 zone district include lumber yards, grocery stores, restaurants and liquor stores. By following the C-1 regulations, the current protocol for new drive-through uses is to process a separate Special Use Permit. The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit for drive-through facilities as uses by right. This modification would accommodate uses such as fast food drive-throughs, fueling stations and drive-through banking facilities. Such uses would still be subject to City review and approval through the Specific Development Plan process. Development Standards: The ODP typically defines development parameters on the front sheet of the document. In determining setbacks, a notation on Sheet 1 directs the reader to the Architectural and Site Design Manual (ASDM). The property is located within the Contemporary Overlay district in the (ASDM) which essentially requires all new structures with public street frontage to have a build -to line of 0' to 20'. It also requires that 40% of an individual lot's street frontage be comprised of structure. Many of the existing structures in the center do not fit this pattern of development. Any new structures with direct frontage on any of the adjacent public streets should meet the build -to line, unless approved with build -to modifications through an SDP process. Most of the structures where not adjacent to a public street have been developed using lease lines, instead of property lines. Rather than trying to establish minimum interior setbacks, the building locations will be reviewed at the time of SDP in consideration to internal separation and access to internal parking and circulation. Another development standard established at ODP is lot coverage. As proposed, the shopping center is limited to a maximum of 35% building coverage (526,803 square feet), 55% hard surfaced coverage and a minimum 10% landscaped coverage. In addition to the landscaped coverage minimum, the ODP specifies that plant quantities and materials be consistent with Section 26-502 (Landscape Regulations). At the time of SDP, proposed development will be analyzed with regard to these standards based on parcel size, if applicable, or lease line areas. Overall parking on the site is required at a rate of 4 spaces per 1000 square feet of gross building coverage which is consistent with the requirements in the zoning code for unified shopping centers over 100,000 square feet in size. Language has been added under Note 7 to allow blanket access, parking and circulation throughout the shopping center. Bicycle parking has not been addressed. Staff recommends a note be added that bicycle parking should be consistent with Section 26-501.E.4. of the zoning and development code. Planning Commission 5 WZ-14-9/Applewood Village Shopping Center Maximum building height allowed is 50' which is consistent with most commercial zone district classifications in the City. Architecture: On Sheet 1, references have been made to the ASDM for fagade design, transparency, architectural materials and screening. Architectural materials used for recent upgrades in the center include brick, stucco and rock. Building architecture will be reviewed during the Specific Development Plan process. Buffering: Minimal mention is made regarding buffering for adjacent residential uses. This is of particular concern with the redevelopment area located in the southeast corner of the property. In addition to low density residential directly to the east, there are substantial grade changes which will challenge mitigation efforts. There is roughly 18' of elevation change between the existing parking lot at 12525 W. 32"d Avenue and the south side of the vacant Old Chicago building. A grade change of 14' separates the cul-de-sac on Wright Court from the rear of that same structure. For buffering purposes and to maintain compatibility with adjacent uses, Staff recommends language be added to the plan that development in this area include consideration for upgraded vertical landscaping, reduction of lighting at night and business hour limitations. SHEET TWO The second sheet of the plan set includes the graphical portion of the ODP. The graphic is being used to reflect existing conditions including building locations, existing parking and circulation and access points. It is also intended to designate areas of potential redevelopment. Existing structures are shown with striping with existing circulation and parking areas in "half tone". Existing curb cuts are reflected with arrows. The redevelopment areas are designated with a light gray colored overlay. Those redevelopment areas are located along the entire 32nd Avenue frontage, as property currently addressed as 3298 Youngfield (existing Wells Fargo drive-through) and behind the new Wells Fargo bank location at 3498 Youngfield. Access points shown into the shopping center include primary accesses from 32"d and 38`h Avenue and from a signalized access point from Youngfield at roughly mid -point in the shopping center. There are also minor access points for individual parcels along both 32nd and Youngfield. Staff is considering the access points shown as existing conditions and not a guarantee that the accesses shown will be allowed with new development. At the time of SDP review, staff reserves the right to evaluate the areas of redevelopment with potential consolidation of access points being a goal. Internal access will also be evaluated and potentially redesigned along with consolidation of street access points. Staff is recommending the following language be shown on Sheet Two: "The access points and internal circulation shown on this ODP reflect the existing conditions for the overall development at the time of the adoption of the ODP. The access points may change, likely consolidated, as individual parcels are redeveloped and incorporated into the overall Planning Commission 6 WZ-14-9/Applewood Village Shopping Center development. This would also likely cause a change in the internal circulation shown on the ODP. Changes to the number and location of the access points and resulting changes to the internal circulation that may occur as a result of redevelopment of individual or multiple parcels will be evaluated during the review of the site specific development plans for those parcels. Revisions to the ODP will not be required unless deemed necessary by the Director of Community Development." IV. INCORPORATION OF THE SLIVER A small strip of land located north of the purchase parcel at 12525 W. 32nd Avenue is under separate ownership from the shopping center and needs to be incorporated into the PCD and Outline Development Plan. The owners of the Applewood Shopping Center have made attempts to purchase the parcel, but have been unable to do so because of the inability to identify the parcel owners, a long - dissolved corporation. Renewal Wheat Ridge (RWR) is pursuing acquisition of this small parcel of land and City Council has approved the use of condemnation, should that be necessary. The property has been tax delinquent for many years. It is not buildable and is valued at slightly less than $1000 based on a recent appraisal that RWR commissioned. RWR then intends to convey the parcel to the shopping center owner. It is logical to consider rezoning the parcel so that it is incorporated into the overall development plans for the entire center. On August 25, 2014, City Council authorized staff to initiate rezoning of the sliver. On October 27, 2014, City Council authorized Renewal Wheat Ridge to use eminent domain to acquire the parcel. A signature block for Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner. 1 I 8IM'P34 J I In 6� REG N .7 RSCA INTE t5T VA _� � 620S3-Pj2 10, PSCo. mum ac. No. )ao9G la UTIEITY WtI 8 1099 - P 7E �.j vnT vn -- vn— vim— vi.— vn— vn— rw— vo vn— r.-�r++a1� a �Vm— �•a +1hC t —•-- *A Jnr--�R� — c t c.t — ni ��--•"bhc��"-�{at �-�tn Planning Commission WZ-14-9/Applewood Village Shopping Center Acquisition parcel containing 775 s.f. ;P? VT ; 1 a S%, m EC. No.;76ull MENT )109201 In 6� REG N .7 RSCA INTE t5T VA _� � 620S3-Pj2 10, PSCo. mum ac. No. )ao9G la UTIEITY WtI 8 1099 - P 7E �.j vnT vn -- vn— vim— vi.— vn— vn— rw— vo vn— r.-�r++a1� a �Vm— �•a +1hC t —•-- *A Jnr--�R� — c t c.t — ni ��--•"bhc��"-�{at �-�tn Planning Commission WZ-14-9/Applewood Village Shopping Center Acquisition parcel containing 775 s.f. V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The proposed zone change will not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The properties being incorporated into the planned development have been considered and functioned as a part of the Applewood Village shopping center serving the needs of the community since the 1960's. There could be impacts on the area upon redevelopment of certain portions of the center. Care will need to be taken at the time of Specific Development Plan to ensure adequate mitigation measures have been employed to lessen these impacts. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allo-'."ed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Planning Commission 8 WZ-14-9/Applewood Village Shopping Center All utility agencies are currently serving the property. Any new redevelopment will require improvements installed at the developer's expense. Should the zone change be approved, a more detailed review will occur at the time of Specific Development Plan and plat submittal. Staff concludes that this criterion has been met. 3. The Planning Commission shall also rind 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. The following documents are applicable to the property and are to be used for guides when considering zone changes. NEIGHBORHOOD REVITALIZATION STRATEGY — adopted 2005 This document identified strategies for the city to become a "community of choice". It established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading and increasing housing stock, being "open for business" through city processes and procedures and targeting underutilized properties for redevelopment. COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted 2009 On the Comprehensive Plan Structure Plan, the property is shown as being Mixed—Use Commercial within a Community Commercial Center with Youngfield designated as a Primary Commercial Corridor. The 32"d Avenue/I-70 interchange is also designated as a Primary Gateway into the City of Wheat Ridge. lbgional YOU orridor Site Planning Commission 9 WZ-14-9/Applewood Village Shopping Center Mixed -Use Commercial The focus for mixed-use commercial areas is on long-term infill and redevelopment, reinvestment, and high quality urban design and landscaping for vacant or underutilized properties, with "centers" being the primary emphasis. Specific objectives address the following: • To make Wheat Ridge a community of choice in which to live, work, shop and recreate • To atrract quality retail develoment and activly retain existing retailers • To revitalize key redevelopment areas • To establish and matintain a resilient tax base Community Commercial Center This designation indicates that the City should focus on retaining existing major supermarket shopping centers and ensure that these areas remain economically strong by retaining and enhancing existing retailers and assisting landowners to expand and redevelop underutilized commercial areas with denser, high quality development. In addition, efforts should include developing regional retail opportunities to draw out of area spending. Primary Commercial Corridor This designation indicates that the City should focus on retaining existing commercial businesses along the Youngfield corridor and improving the appearance and transportation function so that the corridor will support commercial functions. Specific goals include the following: • Creation of recognizable gateways and corridors • Leading the community in quality design • Ensuring quality design for development and redevelopment I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN — adopted 2009 The Applewood Center is also a part of the I-70/Kipling Corridors Urban Renewal Plan. The Urban Renewal Plan was created to assist with redevelopment of properties in the defined area including development along the Youngfield/I-70 corridor by remediating and removing blight. The center meets factors of blight due to deteriorating structures, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy or usefulness, and the deterioration of the site and other improvements. The Plan identifies a unique opportunity to create a series of destinations that are both region - serving and locally supportive. The Applewood Center serves this purpose and can provide additional services both locally and regionally. The Plan authorizes Renewal Wheat Ridge to undertake zoning and planning activates to regulate land use, maximum densities, and building requirements in the Plan area. Planning Commission 10 WZ-14-9/Applewood Village Shopping Center ECONOMIC DEVELOPENT STRATEGY —adopted 2010 The Economic Development Strategy was adopted with a broad goal of retaining and increasing retail and revenue -generating acitivies in commercial activity centers. The Applewood Shopping Center is the City's largest producer of sales tax revenues and is a primary shopping district for the surrounding neighborhoods. Being such, the redevelopment and utilization of the shopping center is a key element in the City's Economic Development Strategy. The rezoning of the center will support the Economic Development Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and attracting retail growth, and rehabilitating under-utilized retail space. 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 zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Commercial development in the Youngfield/I-70 corridor continues to intensify with new redevelopment of and reinvestment in tired, outdated structures and sites. Examples of this newer construction include the First Bank building at the southeast corner of 32nd and Youngfield, fagade upgrades to the Qdoba/Mattress Finn building at 3500 Youngfield. The City and CDOT have substantially invested in the existing infrastructure with the Youngfield and Highway 58 improvements including construction of the underpass for West 40`h Avenue under the freeway. The City of Wheat Ridge recently completed a major CIP project which included the widening of 32"d Avenue between Wright Court and Braun Court. The project included installation of new traffic signals at the intersections of 32nd and Youngfield, 32nd and the I-70 ramps and 32nd and Zinnia. Left hand turn lanes at all approaches to the 32"d Avenue/ Youngfield intersection were provided, in addition to construction of an 8' multi -use path, pedestrian lighting and bus pads and benches. The project also included installation of new curb, gutter and an 8' wide attached sidewalk along the south side of the shopping center. Additional new development will occur on the western side of I-70 via the Clear Creek Crossing development. This project which is comprised of more than 190 acres of land has the ability to be developed into around one million square feet of commercial area Staff anticipates development of this area in the next several years. Staff concludes that this criterion has been met. Planning Commission 11 WZ-14-9/Applewood Village Shopping Center d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. VI. NEIGHBORHOOD MEETING The required pre -application meeting for neighborhood input was held on August 5, 2014. There were approximately 40 persons in attendance (Exhibit 6, meeting recap, Exhibit 7, Sign-up sheet) VII. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water District: Upgrades of existing infrastructure may be needed in the interior of the shopping center. Can serve with improvements installed at the developer's expense. CDOT: No concerns. All improvements are in place. Wheat Ridge Fire Protection District: No concerns about servicing the property. Will assess the need for water supply, hydrant locations, site access and building configuration at the time of Specific Development Plan submittal. Renewal Wheat Ridge: Renewal Wheat Ridge has reviewed the application for re -zoning and has determined that it does not conflict with the I-70/Kipling Corridors Urban Renewal Plan. Wheat Ridge Police: Can serve. Wheat Ridge Public Works: Has reviewed preliminary drainage information. Has recommended language to be included requiring review and approval of traffic information which could result in consolidated access points and other improvements. Northwest Lakewood Sanitation District: Has adequate capacity to accommodate development. Final design review will occur at the SDP and plat stage. Xcel Energy: Can serve. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Planning Commission 12 WZ-14-9/Applewood Village Shopping Center Staff has concluded that the proposed Planned Commercial Development zoning and accompanying Outline Development Plan are consistent with the goals and policies of the City guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I-70/Kipling Urban Renewal Plan. Staff further concludes that the proposed consolidated zoning will facilitate new development areas. Because the proposed zoning and ODP meet the criteria used to evaluate a zone change, a recommendation of approval is given for Case No. WZ-14-09 with the conditions listed below. IX. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-14-09, a request for a zone change from Commercial -One, Restricted Commercial and Neighborhood Commercial to Planned Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I-70/Kipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26-501.E.4. of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner.," Option B: "I move to recommend DENIAL of Case No. WZ-14-09, a request for a zone change from Commercial -One, Restricted Commercial and Neighborhood Commercial to Planned Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following reasons: 1. 2. 3." Planning Commission 13 WZ-14-9/Applewood Village Shopping Center Exhibit 2, Letter of Request 8460 l:nsl orchard Raad P 303 3006300 Suit' 6900 F 303 691 15006 Creanwood vlllydr ro Sol 11 Regency(:enters con, Regency Centers. Written request and description of proposal: September 12, 2014 Regency Centers is the applicant for the proposed Applewood Village Shopping Center ODP Amendment l/9. The intent of the proposed Amendment is for Regency to consolidate our lana holdings at Applewood Village Shopping Center into a single unified zone district, Planned Commercial Development (PCD). The bulk of Applewood Village Shopping Center is currently zoned PCD. This rezoning will change a C-1 zoned area at the southwest comer of the property and an R -C and h -C area at the southeast corner of the property to PCD like the remainder of the Shopping Center. The proposed rezoning is necessary to prepare for improvements to a few parcels at the southeast comer of the shopping center which currently house the vacant Old Chicago restaurant, the small building with the haircutter and gun chnp, incl the two vacant IDL south of these buildings adjecerrl to 32nd Avenue. The rezoning is the first step in allowing Regency Centers to commence the demolition of these vacant buildings which have become an eyesore. Upon completion of the demolition we plan to construct a regional storm water detentlon and water quality facility and a fuel center associated with King Soopers. Zone Change Review Criteria from Section 26-303.D of the Municipal Code: 1. The change of zone promotes the health, safety, and general welfare of the community and well not result in a significant adverse effect on the surrounding area. - The proposed change of zone is a consolidation of the Applewood Village Shopping Center into a single unified zone district, Planned Commercial Development (PCD). This consolidation will also allow the approved PCD uses in the southeast and southwest corner or the property. Applewood Village iS d vibldrit reg161101 fL&thrl center designed to serve its patrons with an array of products and services. Including the southeast corner in the same zone district does not adversely affect the surrounding area. 2. The development proposed on the subject property is not feasible under any other zone district and would require an unreasonable number of variances or waivers and conditions. • Consolidating the southeast and southwest property into the PCD zone district is the correct entitlement approach for the City and the owner. This approach cleans up a confusing zoning diagram for the entire shopping center which will create consistency and eliminate management confusion. To allow the proposed fuel center by a different entitlement method would require variances and waivers if it is even possible by that approach. Planning Commission 15 WZ-14-9/Applewood Village Shopping Center 3. Adequate infrastructure/facillties 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. - Currently buildings exist on the property where new development is proposed therefore adequate infrastructure and utilities already serve the property to allow this change of zone. If it is determined additional improvements are required for the new development to function we will work with the City on the design and implementation of those improvements. For example we are proposing to construct a detention and water quality facility which currently does not exist. This addition will improve current storm water runoff conditions. 4. At least one 0) 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 dty- approved policies or plans for the area. Regency has recently acquired or is in the process of acquiring different properties within the Applewood Village Shopping Center. Therefore Regency is consolidating our land ownership into one unified development and zone district. It is an objective of the City to create more attractive, connected and economically viable developments within the City, consolidation of this property allows for this to occur. Additionally it is our goal as well as the cities to create a comprehensive sign program which will be possible when the property is consolidated. b. The existing zone dassifiication currently recorded on the official zoning maps of the City of Wheat Ridge is in error. 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. There are existing buildings on the property that are currently underutilized, vacant, dilapidated or in disrepair. The proposed rezoning allows Regency to clean-up these buildings. This is already evidenced by the razing of the old gas station and shop building at the northeast comer of 32n4 and Youngfield. d. The proposed rezoning is necessary in order to pro ► roe for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The rezoning of the southeast corner of the property will allow for a fueling station. A fueling station previously existed elsewhere on the property so we are reintroducing a community need which will have better access and will be more appealing to today's customer. Planning Commission 16 WZ-14-9/Applewood Village Shopping Center Exhibit 3, Zoning Map Planning Commission WZ-14-9/Applewood Village Shopping Center Exhibit 4, Zone change parcels Planning Commission 18 WZ-14-9/Applewood Village Shopping Center Exhibit 5, ODP document Planning Commission 19 WZ-14-9/Applewood Village Shopping Center Exhibit 6, Neighborhood Meeting Notes Meeting Date: Attending Staff: Location of Meeting: NEIGHBORHOOD MEETING NOTES August 5, 2014 Meredith Reckert, Senior Planner Ridgeview Baptist Church 3810 Youngfield Wheat Ridge, CO 80033 Property Address: Applewood Village Shopping Center extending from W. 32nd Avenue north to 38 Avenue and generally bounded by Youngfield on the west Property Owner(s): Property Owner(s) Present? US Retail Partners, LLC P.O. Box 790830 San Antonio, TX 78279 No Applicant: Eric Chekal, Regency Centers 8480 E. Orchard Rd, Suite 6900 Greenwood Village, CO 80111 Phone: 303-300-5335 Email: EricChekal(a�Reg_encyCenters.com Existing Zoning: Planned Commercial Development, Commercial -One, Neighborhood Commercial and Restricted Commercial Existing Comp. Plan: Primary Commercial Corridor, Community Commercial Center, Mixed -Use Commercial Existing Site Conditions: The Applewood Shopping Center is comprised of approximately 35 acres in the western quadrant of the City of Wheat Ridge, adjacent to a portion of the I-70 corridor. The shopping center is bordered by West 38`" Avenue to the north, a mix of residential neighborhoods to the east, West 32"d to the south, and Youngfield Street to the west. The properties in the shopping center have mixed zoning with Restricted Commercial (R -C), Neighborhood Commercial (N -C), Commercial -One (C-1) and Planned Commercial Development (PCD). Planning Commission 20 WZ-14-9/Applewood Village Shopping Center The initial proposal is to consolidate zoning on the property and eventual construction of a King Soopers fueling center in the southeast corner of the Applewood Shopping Center. Other proposed development will include a Wells Fargo drive-through facility for the existing bank building completed in 2011. Access to the site is from an internal drive to the south onto West 32"d Avenue which runs north to West 38th Avenue. Existing on the fuel station development site is an 18,750 square foot office building. A significant change in elevation exists on the southeastern portion of the site. There is an 18 -foot drop in elevation from the southern section of the proposed site to West 32"d Avenue. From the neighborhood to the east to the proposed site is a 12 -foot change in elevation. This change in elevation creates a significant visibility to the site from both West 38`h Avenue and the neighborhood to the east. Included in the development is a 5' wide strip of land on the northern side of the existing parking lot along 32nd Avenue. This property will be rezoned and incorporated into the PCD as well. The site for the Wells Fargo drive-through has a vacant restaurant building which will be demolished. Applicant/Owner Preliminary Proposal: The initial application will be to rezone and consolidate the new ownership parcels into the overall PCD. A zone change and Outline Development Plan will be required first. Once this occurs, the applicant can proceed with Specific Development Plans and a plat. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, 40 members 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 the proposed redevelopment of the southern portion of the site to accommodate the new fueling station and proposed plans for the Wells Fargo drive-through. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their 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 not build the new gas facility at the hard corner of 32"d and Youngfield where the gas station was demolished? That corner has limited access with only a right -in turn from 32"d Avenue and a right -out onto Youngfield. King Soopers thinks that it is too far away from the main store. In addition, the shopping center owner would like to build something more attractive with upgraded architecture than a gas station on that corner. • Traffic is proposed to access the fueling station from the major interior drive which extends Planning Commission 21 WZ-14-9/Applewood Village Shopping Center north from 32"d along the front facades of the Noodles building and north. How will traffic exit the site? Trak can either turn right to go north or left to go south to 32"d Avenue. • A left turn at the 32nd Avenue exit from the shopping center is already difficult. Will there be a traffic signal installed at the entrance to the center from 32"d Avenue? No. A signal at this location would be too close to Youngfield and the entrance is offset from the street to the south. • Why doesn't the owner demolish the vacant Wells Fargo building at 12600 W. 32"d Avenue and build the fueling station there? The center owner is hoping to re -tenant that building or redevelop the site. • It was suggested by one of the attendees that traffic in the shopping center should be one-way. The access onto 32nd Avenue could be one-way in and the access at 38`h Avenue could be made one-way out. • It was also noted that the alley running behind the center is used for loading but there is additional traffic using it including pedestrians and bicycles in addition to large vehicles at the loading docks. It was suggested that the loading area behind the center be designated as one way. • Will the barbershop building be demolished and will they be relocated into the shopping center? Yes, the existing barber shop building will be demolished. The owner can discuss relocation in the shopping center with the Regency leasing team. • What type of protection/buffering will be provided to the neighborhood to the east? Plans will include a large amount of upright landscaping around the new detention pond to provide a visual buffer for the neighborhood to the east. • What kind of measures will be made to address sustainability? The redevelopment proposals will increase the amount of landscaping on the site. Currently there are no provisions for water quality or detention and the proposed pond will help with that. • Will there be any impact on ground water levels? No soil drillings have been performed yet • Why can't the old Holly West building be used for the fueling station? The property is not the right size and is already planned to be redeveloped into the Wells Fargo drive through. Several comments were made as to understanding the necessity of the King Soopers fueling station; however, there was concern expressed about the proposed location and the impact on the neighborhood to the east. One attendee commented that new development is in the shopping center should be an improvement over what is currently there'll Staff received one written comment prior to the neighborhood meeting. The letter is attached. Planning Commission 22 WZ-14-9/Applewood Village Shopping Center Regency Centers 8480 East Orchard Road, suite 6900 Greenwood Village, CO 80111 Thank you for sending us the "Notice of Neighborhood Meeting" We do plan to attend. It seems that from the discussion items there might be some concrete work done. Therefore I need to make you aware that the alley that is supposed to serve as an overflow drain has a problem. The concrete east curbing that is supposed to act as a barrier has been compromised, probably by big trucks crushing the concrete. The concrete, especially in low places, has cracks even down to the rebar and allows water to seep into the yards to the east sometimes causing flooding. This has been a problem for the last several years but with the possibility of rain in the forecast n is more imminent now. Hopefully you can take this into account in your planning and fix the problem. Thank you for the opportunity to voice my concern Sincerely: Glenn E, Billing Cc- City of Wheat Ridge, Community Development Department, 7500 West 2911' Avenue. Wheat Ridge, Colorado 80033 Planning Commission 23 WZ-14-9/Applewood Village Shopping Center Exhibit 7, Sign -Up Sheets A W N � JN Planning Commission 24 WZ-14-9/Applewood Village Shopping Center 2 CL A M 0 7' T 3d Z CD CL 0 i C.) 3 3 0 a U. DMU. < o W as D m C1D as a. a �• a � z �CD � 0 < �3 6 0 013 0 as �. n TO f a v c M0 M �• LN - .. v 0 v A '• 0 JN Planning Commission 24 WZ-14-9/Applewood Village Shopping Center � W N � 1 h O a� m A� N 1• aD �o s r U3 m n, 3 ° ZD m c 3, a co' C y Q CD h M to a Planning Commission 25 WZ-14-9/Applewood Village Shopping Center s � 1 h O a� m 0 c� aD �o s U3 m n, 3 ° ZD m c 3, a co' C y Q CD h M to a _� T a�a _ Z vLD. o O CD a� z3 c� Q m � 1 n O 3oao, z 4 to �. ti -4 Planning Commission 25 WZ-14-9/Applewood Village Shopping Center ty CA CA 1 h O a� 0 c� �o s U3 n, 3 ° ZD m c 3, a co' C _-u 3 n Q CD h M to a _� O Ln _;+ a�a _ Z vLD. o O CD a� z3 c� Q m � 1 n O 3oao, 4 to O - ti CL v c� o n C �3a c� 3 n z� nn 0 S - Planning Commission 25 WZ-14-9/Applewood Village Shopping Center CJ A W N C OD CA CA f Planning Commission 27 WZ-14-9/Applewood Village Shopping Center 9 Planning Commission WZ-14-9/Applewood Village Shopping Center r tD N n' N O a� 00 .� 0 = 3: � 3 ca > CD CL 0°' h zD w N IL D a CL I(D H m D M x 3 n>v M < =0 cr ,..r ctD sv z 0 O N T. O v =rCL D A M O3 O 3 1 M � Q' 9 Planning Commission WZ-14-9/Applewood Village Shopping Center tD N n' N O a� 00 .� 0 = 3: � 3 ca > CD CL 0°' zD ._.3 3_� 0 a M c w—' cc 3 n>v M < =0 cr ,..r ctD sv M 0 O N T. O v =rCL D A M O3 O 3 1 M � Q' 5 u 3 ,'. a v TO M �3� �3 z0 � 0v 0 � I" -A -.A —b —L (p OD -1 O) (Jt Y\I I - It Planning Commission 30 WZ-14-9/Applewood Village Shopping Center APPLEWOOD VILLAGE SHOPPING CENTER - AMENDMENT #9 OUTLINE DEVELOPMENT PLAN LAND LOCATED IN THE EAST 1/2 OF THE N.W. 1/4 OF SECTION 29, PURPOSE FOR AMENDMENT TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THIS AMENDMENT IS FOR IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. I . 1 N Y THE PIAN lb AS TO REZONE AINCLUDE ADDITIONAL PARCELS LEGAL DESCRIPTION PREVIOUSLY ZONED NC, R -C AND C7 AS SHOWN IN THE LEY MAR BELOW. 2. PROVIDING GENERAL GUIDELINES AND PARAMETERS FOR NEW DEVELOPMENT AND RE -DEVELOPMENT IN THE SHOPPING CENTER. KEY MAP . i THE EXISTING REGIONAL MIXED USE COMMERCIAL RETAIL SHOPPING CENTER IS CHARACTERIZED BY ALL FORMATS OF RETAIL USE. THE SITE IS ADJACENT TO THE INTERSTATE AND ACCOMMODATES CONVENIENT CAR ACCESS. PARKING IN FROM OF BUILDINGS AND PEDESTRIAN CIRCULATION THROUGHOUT THE CENTER THE EXISTING MIXED USE COMMERCIAL. RETAIL SHOPPING CENTER BECAME A PLANNED COMMERCIAL DEVELOPMENT (PCD) IN 1975. IN 2007 THE SHOPPING CENTER WAS INCLUDED IN THE CONTEMPORARY OVERLAY AREA AS DEFINED IN THE WHEAT RIDGE ARCHITECTURAL AND SITE DESIGN MANUAL(ASOM). DEVELOPMENT GUIDELINE ONGOING USE AND FUTURE DEVELOPMENT OF THE SHOPPING CENTER WILL BE CONSISTENT WITH THE LAND USES ESTABLISHED IN THE PCD INCLUDING SITE DESIGN BASED ON THE ALLOWED BUILDING AREAS PAVING AREAS, LANDSCAPE AREAS AND PARKING. THE ASDN IS TO BE USED AS A GUIDELINE FOR BUILDING DESIGN AS FOLLOWS NEW BUILDING DESIGN IS TO BE CONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD. CHAPTER 4. SECTION 4.1 COMMERCIAL RETAIL AND MIXED USE IN THE ASDM IS TO BE USED AS A GUIDELINE FOR BUILDING PLACEMENT. FACADE DESIGN. MATERIALS. TRANSPARENCY AND SCREENING. EXISTING BUILDING DESIGN MAJOR ADDITIONS. (50% OR MORE INCREASE IN THE EXISTING BUILDING SQUARE FOOTAGE) TO BECONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD. CHAPTER 4. SECTION 4.1 COMMERCIAL RETAIL AND MIXED USE IN THE ASOM IS TO BE USED AS A GUIDELINE FOR FACADE DESIGN, MATERIALS, TRANSPARENCY AND SCREENING. FACADE IMPROVEMENTS. TO BE CONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD AND USE CHAPTER 4, SECTION 41 COMMERCIAL RETAIL AND MIXED USE IN THE ASDM AS A GUIDELINE. MINOR ADDITIONS. (LESS THAN 50% INCREASE IN THE EXISTING BUILDING SQUARE FOOTAGE) TO BE CONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD. OWNER'S CERTIFICATE The bel, v sgrred owner(s). or legally des+9nared ail -9.) lr r fo do hereby agree Plat Ire PoPedY lepelly described hereon w11 be developed as A Planned Des+e*~ m accordance Ynth the uses. reset Ions and co dmans cemamed n this Plan, AM as may odreralse be retorted by law I (we) f."W 10-9- that Ire approval of a re7onn9 to Planned Developmont and approval d Mrs Mire Oavelopment Plan, does trot ovale A rested Drop" right Vested Property rights may only arae erb acture Wnuars to I Pror- of Seaton 26121 d the Wheat Rage Code of Laws State Of Colorado ) ISS C-ty Of JeBarson ) The loregong insttru r ear ad -ledged before the Ars day of .AD 20 by___ Wanes my rand and off -I seal. My mm mama, eclires Notary Pubkc CERTIFICATE[SURVEYOR'S , Cameron M. Warson, do hereby cadOy that Ne survey of he boundary of Applewood Visage ShoWN Center was debyme or undermydrteds ,o-isron andtothebastdyknowledge. IMomretion and bNmf, n abordar- alln all PPLvde Coloredo stawtaa, wher4 retrad edltun as nreraled, the aoc -Yeg plan aCQralely represents said wvey (Surreyois Sea]) Sq -tole CITY CERTIFICATION Approved this day of by the Wheat Rdge Cdy Cwndl ATTEST GIycwk Mayor ConatarAy 0-someard Director PLANNING COMMISSION CERTIFICATION Rac ,Yo& W ed for appmval tna _ day of _- by ere Wheat R,O9e Planrsrrg Commiseion. Chwpanon COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) )SS County of Jefferson ) I hereby owt fy that this Plan ads filed In the offke of the Court Clark and Recorder d Jefferson C -ray at Golden, Colorado. at o'dodr .M. on Ib _ day Of- A.D.. n Body_ Page_oa . Rept n No. JEFFERSON COUNTY CLERK AND RECORDER By. Deputy LANDSCAPE AREA EACH REOUIRED SPECIFIC DEVELOPMENT PLAN (SDP) IS TO MEET OR EXCEED THE MINIMUM LANDSCAPE REOUIREMENTS OF THIS OOP SCREENING: TRASH ENCLOSURES MATCH PRIMARY BUILDING MATERIALS, ROOF EQUIPMENT: SCREENED WITH PARAPETS. GROUND MOUNTED EQUIPMENT- SCREENED WITH LANDSCAPING OR FENCING. LOADING AREAS: SCREENED WITH LANDSCAPING OR BUILDING ELEMENTS AT THE OWNER'S DISCRETION Naos Design Group, LLC ////YJi--� ZONED NC 4949 SOUTH SYRACUSE ST. SUITE 460 �ao 20NE0 R -C £ f DENVER, COLORADO 80237 ZONED FCD F to 1� NOSED 4f WEST 32nd AVENUE Y0L*asWLD ST. KEY MAP . i THE EXISTING REGIONAL MIXED USE COMMERCIAL RETAIL SHOPPING CENTER IS CHARACTERIZED BY ALL FORMATS OF RETAIL USE. THE SITE IS ADJACENT TO THE INTERSTATE AND ACCOMMODATES CONVENIENT CAR ACCESS. PARKING IN FROM OF BUILDINGS AND PEDESTRIAN CIRCULATION THROUGHOUT THE CENTER THE EXISTING MIXED USE COMMERCIAL. RETAIL SHOPPING CENTER BECAME A PLANNED COMMERCIAL DEVELOPMENT (PCD) IN 1975. IN 2007 THE SHOPPING CENTER WAS INCLUDED IN THE CONTEMPORARY OVERLAY AREA AS DEFINED IN THE WHEAT RIDGE ARCHITECTURAL AND SITE DESIGN MANUAL(ASOM). DEVELOPMENT GUIDELINE ONGOING USE AND FUTURE DEVELOPMENT OF THE SHOPPING CENTER WILL BE CONSISTENT WITH THE LAND USES ESTABLISHED IN THE PCD INCLUDING SITE DESIGN BASED ON THE ALLOWED BUILDING AREAS PAVING AREAS, LANDSCAPE AREAS AND PARKING. THE ASDN IS TO BE USED AS A GUIDELINE FOR BUILDING DESIGN AS FOLLOWS NEW BUILDING DESIGN IS TO BE CONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD. CHAPTER 4. SECTION 4.1 COMMERCIAL RETAIL AND MIXED USE IN THE ASDM IS TO BE USED AS A GUIDELINE FOR BUILDING PLACEMENT. FACADE DESIGN. MATERIALS. TRANSPARENCY AND SCREENING. EXISTING BUILDING DESIGN MAJOR ADDITIONS. (50% OR MORE INCREASE IN THE EXISTING BUILDING SQUARE FOOTAGE) TO BECONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD. CHAPTER 4. SECTION 4.1 COMMERCIAL RETAIL AND MIXED USE IN THE ASOM IS TO BE USED AS A GUIDELINE FOR FACADE DESIGN, MATERIALS, TRANSPARENCY AND SCREENING. FACADE IMPROVEMENTS. TO BE CONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD AND USE CHAPTER 4, SECTION 41 COMMERCIAL RETAIL AND MIXED USE IN THE ASDM AS A GUIDELINE. MINOR ADDITIONS. (LESS THAN 50% INCREASE IN THE EXISTING BUILDING SQUARE FOOTAGE) TO BE CONSISTENT WITH THE APPLEWOOD SHOPPING CENTER PCD. OWNER'S CERTIFICATE The bel, v sgrred owner(s). or legally des+9nared ail -9.) lr r fo do hereby agree Plat Ire PoPedY lepelly described hereon w11 be developed as A Planned Des+e*~ m accordance Ynth the uses. reset Ions and co dmans cemamed n this Plan, AM as may odreralse be retorted by law I (we) f."W 10-9- that Ire approval of a re7onn9 to Planned Developmont and approval d Mrs Mire Oavelopment Plan, does trot ovale A rested Drop" right Vested Property rights may only arae erb acture Wnuars to I Pror- of Seaton 26121 d the Wheat Rage Code of Laws State Of Colorado ) ISS C-ty Of JeBarson ) The loregong insttru r ear ad -ledged before the Ars day of .AD 20 by___ Wanes my rand and off -I seal. My mm mama, eclires Notary Pubkc CERTIFICATE[SURVEYOR'S , Cameron M. Warson, do hereby cadOy that Ne survey of he boundary of Applewood Visage ShoWN Center was debyme or undermydrteds ,o-isron andtothebastdyknowledge. IMomretion and bNmf, n abordar- alln all PPLvde Coloredo stawtaa, wher4 retrad edltun as nreraled, the aoc -Yeg plan aCQralely represents said wvey (Surreyois Sea]) Sq -tole CITY CERTIFICATION Approved this day of by the Wheat Rdge Cdy Cwndl ATTEST GIycwk Mayor ConatarAy 0-someard Director PLANNING COMMISSION CERTIFICATION Rac ,Yo& W ed for appmval tna _ day of _- by ere Wheat R,O9e Planrsrrg Commiseion. Chwpanon COUNTY CLERK AND RECORDERS CERTIFICATE State of Colorado ) )SS County of Jefferson ) I hereby owt fy that this Plan ads filed In the offke of the Court Clark and Recorder d Jefferson C -ray at Golden, Colorado. at o'dodr .M. on Ib _ day Of- A.D.. n Body_ Page_oa . Rept n No. JEFFERSON COUNTY CLERK AND RECORDER By. Deputy LANDSCAPE AREA EACH REOUIRED SPECIFIC DEVELOPMENT PLAN (SDP) IS TO MEET OR EXCEED THE MINIMUM LANDSCAPE REOUIREMENTS OF THIS OOP SCREENING: TRASH ENCLOSURES MATCH PRIMARY BUILDING MATERIALS, ROOF EQUIPMENT: SCREENED WITH PARAPETS. GROUND MOUNTED EQUIPMENT- SCREENED WITH LANDSCAPING OR FENCING. LOADING AREAS: SCREENED WITH LANDSCAPING OR BUILDING ELEMENTS AT THE OWNER'S DISCRETION Naos Design Group, LLC Kimley Horn 4949 SOUTH SYRACUSE ST. SUITE 460 �ao 990 SOUTH BROADWAY SUITE 200 / O DENVER, COLORADO 80237 DENVER, COLORADO 80209 to (P) 303.759.5777 (f) 720.360.4281 (P) 303.228.2300 WEST 32nd AVENUE www.naosdg.com www.kimley-hom.com r- SITE LOCATION SITE DEVELOPMENT STATISTICS EXISTING OVERALL: A SITE AREA - 1,436.304 SF = 32.97 ACRES B. GROSS BUILDING AREA- 387.110SF- 26.9% C LANDSCAPED AREA - 146,694 SF= 10.35% D. PARKING AREA - 907,472 SF - 63.2% E. PARKING SPACE SUMMARY SPACES REQUIRED 1.548 (4.011000 SF BLDG) SPACES PROVIDED INCLUDES 56 ACCESSIBLE F. USES PERMITTED -ALL G1 G. MAXIMUM BUILDING HEIGHT - 50' GENERAL NOTES: PROPOSED OVERALL WITH AMENDMENT 9 A SITE AREA. 1,505,152 SF = 34.554 ACRES B GROSS BUILDING AREA - 35% MAXIMUM MAXIMUM ALLOWED. 526,803 SF= 35% C LANDSCAPED AREA 10% MINIMUM MINIMUM REQUIRED: 150.515 SF- 10% D PARKING AREA -55%MINIMUM E. PARKING SPACE SUMMARY SPACES REQUIRED - 4 CARS PER 10DO GROSS S F F. USES PERMITTED -ALL C7 USES. MOTOR FUELING. DRIVE-THROUGH BANKING FACILITIES. DRIVE THROUGH EATING ESTABLISHMENTS AND ITINERANT SALES PURSUANT TO SECTION 26427 OF THE ZONING AND DEVELOPMENT CODE. 1. THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE. SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC DEVELOPMENT PIAN MUST BE SUBMITTED AND APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF A RIGHT -QF -WAY OR BUILDING PERMIT APPLICATION FOR SUBSEQUENT SITE DEVELOPMENT. 2. EACH SITE DEVELOPMENT PLAN (SDP) SHALL MEET THE INTENT OF THE SITE DEVELOPMENT STATISTICS, ABOVE. AS INTERPRETED BY THE CITY OF WHEAT RIDGE ADMINISTRATION. 3. FENCING SHALL BE CONSISTENT WITH SECTION 26-603 OF THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE 4. SITE AND BUILDING LIGHTING FOR NEW SITE DEVELOPMENT AREAS SHALL BE REVIEWED BY THE CITY OF WHEAT RIDGE ADMINISTRATION TO CONFIRM CONSISTENCY WITH THE GOALS OF THE DEVELOPMENT. 5 SIGNAGE FOR NEW SITE DEVELOPMENT AREAS SHALL BE CONSISTENT WITH ARTICLE VII OF THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE UNLESS MODIFIED BY A FUTURE MASTER SIGN PLAN OR APPROVED BY CITY OF WHEAT RIDGE ADMINISTRATION WITH THE SITE DEVELOPMENT PLAN. 6. LANDSCAPE MATERIALQUANTITIES AND SIZES LOCATED WITHIN NEW SITE DEVELOPMENT AREAS SHALL BE CONSISTENT WITH SECTION 28-02 OF THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE T THE OWNER HIS SUCCESSORS AND ASSIGNS GRANT RIGHTS AND PRIVILEGE OF ACCESS TO, AND FREE MOVEMENT THROUGH ALL CURB CUTS, PARKING AREAS, AND DRIVE AISLES WITHIN THE SHOPPING CENTER TO CUSTOMERS AND PATRONS OF THE SHOPPING CENTER APPLEWOOD VILLAGE SHOPPING CENTER Reqency Centers REVISION DATE: 10/14114 A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED BELOW COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29 AND CONSIDERING THE SOUTH LINE OF SAID NORTHWEST ONE-OUA2TER TO BEAR S89'i9'291V WITH ALL BEARINGS HEREIN RELATIVE THERETO: THENCE ALONG SAID SOUTH LINE. S89'292rW A DISTANCE OF 126.3.09 FEET; THENCE N00'30'31'W, A DISTANCE OF 98.24 FEET TO THE POINT OF BEGINNING. SAID POINT BEING ON THE EAST RIGHT-OF-WAY FOR YOUNGFIELD STREET AND 60.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29: THENCE PARALLEL TO THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, NOD -54101-W, A DISTANCE OF 55810 FEET TO THE SOUTHWEST CORNER OF LOT 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION THENCE THE FOLLOWING TEN (10) COURSES ALONG THE WEST, NORTH AND EAST BOUNDARIES OF SAID LOT 1: 1. CONTINUING PARALLEL TO THE WEST L94E OF THE SOUTHEAST ONE-QUMTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29. N00'54Y/1'W. A DISTANCE OF 687.77 FEET. 2. N89'26'17E, A DISTANCE OF 1SOA0 FEET; 3 N00'54TI71V, A DISTANCE OF 200.00 FEET;0.4 4. S89'26'171V, A DISTANCE OF 150 FEET; 5 PARALLEL TO THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF ME NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00'SP01'W, A DISTANCE OF 135.14 FEET; 6. ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET AND A CENTRAL ANGLE OF TT25'57', AN ARC DISTANCE OF 245.95 FEET WITH A CHORD BEARING N37'48'56'E, A DISTANCE OF 227.67 FEET TO A POINT ON THE SOUTH RIGHT -QF -WAV FOR W 38TH AVE, 7. ALONG SAID SOUTH RIGHT -QF -WAY, N7631'47E, A DISTANCE OF 701.71 FEET; 8, SOO'46VM. A DISTANCE OF 670.37 FEET; 9. S89'26'l7'W, A DISTANCE OF 0.68 FEET; 10. S00'5719E. A DISTANCE OF 762.82 FEET TO THE NORTHEAST CORNER OF LOT 2. APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION. THENCE CONTINUING, S00'S719'E ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 133.50 FEET TO THE NORTHWEST CORNER OF LOT 19. APPLEWOOD VILLAGE. THENCE THE FOLLOWING FOUR N) COURSES ALONG THE NORTHERLY, EASTERLY AND SOUTH BOUNDARIES OF LOTS 19 AD 20, APPLEWCOD VILLAGE: 1 548'3024'12, A DISTANCE OF 234.05 FEET; 2, ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 1S8'SB'4I', AN ARC DISTANCE OF 148.16 FEET WITH A CHORD BEARING S37'70'18'W. A DISTANCE OF 89.74 FEET; 3. S00'5401E. A DISTANCE OF 36.91 FEET; 4. S89.297M, A DISTANCE OF 11737 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20: THENCE CONTINUING, S89'2921M. A DISTANCE OF 37.43 FEET TO THE NORTHEAST CORNER OF LOT 23, APPLEWOOD VILLAGE. THENCE ALONG THE EAST LINE OF SAID LOT 23, S00'S401'E, A DISTANCE OF 115.21 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2005031587: THENCE THE FOLLOWING TWO (2) COURSES ALONG THE NORTH BOUNDARY OF SAID PARCEL: 1 1,18731211V. A DISTANCE OF 93.90 FEET; 2. Nae, 17591W A DISTANCE OF 72.07 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 2008093175: THENCE THE FOLLOWING TEN (10) COURSES ALCNG THE NORTHERLY BOUNDARY OF SAID PARCEL: 1NBS'1427W, A DISTANCE OF 58.35 FEET; 2. ALONG THE ARC OF A NOWTANGENT CURVE TO THE LEFT FLAV04G A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 87'1416', AN ARC DISTAWCE OF 1446 FEET WITH A CHORD SEARING N"'3T16'W. A DISTANCE OF 13.11 FEET; 3. S89'OS'15'W, A DISTANCE OF 87.36 FEET; 32 4. SOV24''E. A DISTANCE OF 8.16 FEET; S. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 89'3721'. AN ARC DISTANCE OF 14.85 FEET WITH A CHORD BEARING S"'21'39'W. A DISTANCE OF 13.38 FEET; 6. S89'0T4M. A DISTANCE OF 13821 FEET; 7. ALONG THE ARC OF A NOWTANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 90.40"', AN ARC DISTANCE OF 1504 FEET WITH A CHORD BEARING N45'31'SPW, A DISTANCE OF 13.51 FEET; 8. N00'1128'W. ADISTANCE OF 2.00 FEET; 9. S89'4B'32'W, A DISTANCE OF 32.54 FEET; 10. THENCE SDP540/'E, A DISTANCE OF 4.64 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO, 2011096M, THENCE ALONG THE NORTH LINE OF SAID PARCEL. S89'28 a"W. A DISTANCE OF 149.91 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2011096812: THENCE THE FOLLOWING TWO (2) COUIRSES ALONG THE NORTH LINE OF SAID PARCEL: 1. CONTINUING S89'29'291V. A DISTANCE OF 100.77 FEET; 2, ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 39.50 FEET AND A CENTRAL ANGLE OF 89'3653', AN ARC DISTANCE OF 111.78 FEET WITH A CHORD BEARING 15'12'D5-W,NT D5'W, A DISTANCE OF 55.67 FEET TO THE POOF BEGINNING. CONTAINING 1,505,152 SQUARE FEET OR 34.554 ACRES. MORE OR LESS. PREPAF SCALE: CASE HISTORY $HEFT INDEI( WZ-T3-14:RC-I W RC I COVER SHEET WZ-75.15 RC to PUD 2 OVERALL SITE PLAN WZ-77-19. 1p amnrrdmern WZd2-6 2nd emmrdmant WZ-0418. 3rd am nld-se WZ96.15: 4th amentlrrard WZ-944 Sth amendmern MS -W2 plat WZ•98.3 6th am name, WZ-04-N 71h amendmeM WZ-10-06: 81h amendment WZ-14-9 9Ir amnld-,tt EXHIBIT 5 2 .4 VENUE QST 39M P O c 3 WEST 32nd AVENUE w w to C O LL O O o WEST 32nd AVENUE �e �R0 2 SITE DEVELOPMENT STATISTICS EXISTING OVERALL: A SITE AREA - 1,436.304 SF = 32.97 ACRES B. GROSS BUILDING AREA- 387.110SF- 26.9% C LANDSCAPED AREA - 146,694 SF= 10.35% D. PARKING AREA - 907,472 SF - 63.2% E. PARKING SPACE SUMMARY SPACES REQUIRED 1.548 (4.011000 SF BLDG) SPACES PROVIDED INCLUDES 56 ACCESSIBLE F. USES PERMITTED -ALL G1 G. MAXIMUM BUILDING HEIGHT - 50' GENERAL NOTES: PROPOSED OVERALL WITH AMENDMENT 9 A SITE AREA. 1,505,152 SF = 34.554 ACRES B GROSS BUILDING AREA - 35% MAXIMUM MAXIMUM ALLOWED. 526,803 SF= 35% C LANDSCAPED AREA 10% MINIMUM MINIMUM REQUIRED: 150.515 SF- 10% D PARKING AREA -55%MINIMUM E. PARKING SPACE SUMMARY SPACES REQUIRED - 4 CARS PER 10DO GROSS S F F. USES PERMITTED -ALL C7 USES. MOTOR FUELING. DRIVE-THROUGH BANKING FACILITIES. DRIVE THROUGH EATING ESTABLISHMENTS AND ITINERANT SALES PURSUANT TO SECTION 26427 OF THE ZONING AND DEVELOPMENT CODE. 1. THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE. SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIC DEVELOPMENT PIAN MUST BE SUBMITTED AND APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF A RIGHT -QF -WAY OR BUILDING PERMIT APPLICATION FOR SUBSEQUENT SITE DEVELOPMENT. 2. EACH SITE DEVELOPMENT PLAN (SDP) SHALL MEET THE INTENT OF THE SITE DEVELOPMENT STATISTICS, ABOVE. AS INTERPRETED BY THE CITY OF WHEAT RIDGE ADMINISTRATION. 3. FENCING SHALL BE CONSISTENT WITH SECTION 26-603 OF THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE 4. SITE AND BUILDING LIGHTING FOR NEW SITE DEVELOPMENT AREAS SHALL BE REVIEWED BY THE CITY OF WHEAT RIDGE ADMINISTRATION TO CONFIRM CONSISTENCY WITH THE GOALS OF THE DEVELOPMENT. 5 SIGNAGE FOR NEW SITE DEVELOPMENT AREAS SHALL BE CONSISTENT WITH ARTICLE VII OF THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE UNLESS MODIFIED BY A FUTURE MASTER SIGN PLAN OR APPROVED BY CITY OF WHEAT RIDGE ADMINISTRATION WITH THE SITE DEVELOPMENT PLAN. 6. LANDSCAPE MATERIALQUANTITIES AND SIZES LOCATED WITHIN NEW SITE DEVELOPMENT AREAS SHALL BE CONSISTENT WITH SECTION 28-02 OF THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE T THE OWNER HIS SUCCESSORS AND ASSIGNS GRANT RIGHTS AND PRIVILEGE OF ACCESS TO, AND FREE MOVEMENT THROUGH ALL CURB CUTS, PARKING AREAS, AND DRIVE AISLES WITHIN THE SHOPPING CENTER TO CUSTOMERS AND PATRONS OF THE SHOPPING CENTER APPLEWOOD VILLAGE SHOPPING CENTER Reqency Centers REVISION DATE: 10/14114 A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED BELOW COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29 AND CONSIDERING THE SOUTH LINE OF SAID NORTHWEST ONE-OUA2TER TO BEAR S89'i9'291V WITH ALL BEARINGS HEREIN RELATIVE THERETO: THENCE ALONG SAID SOUTH LINE. S89'292rW A DISTANCE OF 126.3.09 FEET; THENCE N00'30'31'W, A DISTANCE OF 98.24 FEET TO THE POINT OF BEGINNING. SAID POINT BEING ON THE EAST RIGHT-OF-WAY FOR YOUNGFIELD STREET AND 60.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29: THENCE PARALLEL TO THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, NOD -54101-W, A DISTANCE OF 55810 FEET TO THE SOUTHWEST CORNER OF LOT 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION THENCE THE FOLLOWING TEN (10) COURSES ALONG THE WEST, NORTH AND EAST BOUNDARIES OF SAID LOT 1: 1. CONTINUING PARALLEL TO THE WEST L94E OF THE SOUTHEAST ONE-QUMTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29. N00'54Y/1'W. A DISTANCE OF 687.77 FEET. 2. N89'26'17E, A DISTANCE OF 1SOA0 FEET; 3 N00'54TI71V, A DISTANCE OF 200.00 FEET;0.4 4. S89'26'171V, A DISTANCE OF 150 FEET; 5 PARALLEL TO THE WEST UNE OF THE SOUTHEAST ONE-QUARTER OF ME NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00'SP01'W, A DISTANCE OF 135.14 FEET; 6. ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET AND A CENTRAL ANGLE OF TT25'57', AN ARC DISTANCE OF 245.95 FEET WITH A CHORD BEARING N37'48'56'E, A DISTANCE OF 227.67 FEET TO A POINT ON THE SOUTH RIGHT -QF -WAV FOR W 38TH AVE, 7. ALONG SAID SOUTH RIGHT -QF -WAY, N7631'47E, A DISTANCE OF 701.71 FEET; 8, SOO'46VM. A DISTANCE OF 670.37 FEET; 9. S89'26'l7'W, A DISTANCE OF 0.68 FEET; 10. S00'5719E. A DISTANCE OF 762.82 FEET TO THE NORTHEAST CORNER OF LOT 2. APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION. THENCE CONTINUING, S00'S719'E ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 133.50 FEET TO THE NORTHWEST CORNER OF LOT 19. APPLEWOOD VILLAGE. THENCE THE FOLLOWING FOUR N) COURSES ALONG THE NORTHERLY, EASTERLY AND SOUTH BOUNDARIES OF LOTS 19 AD 20, APPLEWCOD VILLAGE: 1 548'3024'12, A DISTANCE OF 234.05 FEET; 2, ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 1S8'SB'4I', AN ARC DISTANCE OF 148.16 FEET WITH A CHORD BEARING S37'70'18'W. A DISTANCE OF 89.74 FEET; 3. S00'5401E. A DISTANCE OF 36.91 FEET; 4. S89.297M, A DISTANCE OF 11737 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20: THENCE CONTINUING, S89'2921M. A DISTANCE OF 37.43 FEET TO THE NORTHEAST CORNER OF LOT 23, APPLEWOOD VILLAGE. THENCE ALONG THE EAST LINE OF SAID LOT 23, S00'S401'E, A DISTANCE OF 115.21 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2005031587: THENCE THE FOLLOWING TWO (2) COURSES ALONG THE NORTH BOUNDARY OF SAID PARCEL: 1 1,18731211V. A DISTANCE OF 93.90 FEET; 2. Nae, 17591W A DISTANCE OF 72.07 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 2008093175: THENCE THE FOLLOWING TEN (10) COURSES ALCNG THE NORTHERLY BOUNDARY OF SAID PARCEL: 1NBS'1427W, A DISTANCE OF 58.35 FEET; 2. ALONG THE ARC OF A NOWTANGENT CURVE TO THE LEFT FLAV04G A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 87'1416', AN ARC DISTAWCE OF 1446 FEET WITH A CHORD SEARING N"'3T16'W. A DISTANCE OF 13.11 FEET; 3. S89'OS'15'W, A DISTANCE OF 87.36 FEET; 32 4. SOV24''E. A DISTANCE OF 8.16 FEET; S. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 89'3721'. AN ARC DISTANCE OF 14.85 FEET WITH A CHORD BEARING S"'21'39'W. A DISTANCE OF 13.38 FEET; 6. S89'0T4M. A DISTANCE OF 13821 FEET; 7. ALONG THE ARC OF A NOWTANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 90.40"', AN ARC DISTANCE OF 1504 FEET WITH A CHORD BEARING N45'31'SPW, A DISTANCE OF 13.51 FEET; 8. N00'1128'W. ADISTANCE OF 2.00 FEET; 9. S89'4B'32'W, A DISTANCE OF 32.54 FEET; 10. THENCE SDP540/'E, A DISTANCE OF 4.64 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO, 2011096M, THENCE ALONG THE NORTH LINE OF SAID PARCEL. S89'28 a"W. A DISTANCE OF 149.91 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2011096812: THENCE THE FOLLOWING TWO (2) COUIRSES ALONG THE NORTH LINE OF SAID PARCEL: 1. CONTINUING S89'29'291V. A DISTANCE OF 100.77 FEET; 2, ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 39.50 FEET AND A CENTRAL ANGLE OF 89'3653', AN ARC DISTANCE OF 111.78 FEET WITH A CHORD BEARING 15'12'D5-W,NT D5'W, A DISTANCE OF 55.67 FEET TO THE POOF BEGINNING. CONTAINING 1,505,152 SQUARE FEET OR 34.554 ACRES. MORE OR LESS. PREPAF SCALE: CASE HISTORY $HEFT INDEI( WZ-T3-14:RC-I W RC I COVER SHEET WZ-75.15 RC to PUD 2 OVERALL SITE PLAN WZ-77-19. 1p amnrrdmern WZd2-6 2nd emmrdmant WZ-0418. 3rd am nld-se WZ96.15: 4th amentlrrard WZ-944 Sth amendmern MS -W2 plat WZ•98.3 6th am name, WZ-04-N 71h amendmeM WZ-10-06: 81h amendment WZ-14-9 9Ir amnld-,tt EXHIBIT 5 2 .4 ACCESS ZONED R -IA APPLEWOOD VILLAGE SHOPPING CENTER - AMENDMENT #9 :ESS DRI ♦� X11 1 � .. ✓ / � INED R-lA ,�11 • 7 i 11 11 ACCESS DRIVE ♦' e OUTLINE DEVELOPMENT PLAN LAND LOCATED IN THE EAST 112 OF THE N.W. 114 OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ----------------------- _4_o -- y - ----o-_-----Y0URGFIEL�-&TRET--=; - TA LU LU V Q Naos Design Group, LLC K.imley Horn e 4949 SOUTH SYRACUSE ST. SUITE 460 APPLEWOOD VILLkGE DENVER, COLORADO 80237 (p) 303. 77 (t7 720.360.4281 DENVER, COLORADO 80209 (p) 03.228.2300 www.naosdg.com www. imley-hom.c www.kimley-hom.com ' ZON D R -1A ----------------------- _4_o -- y - ----o-_-----Y0URGFIEL�-&TRET--=; - TA LU LU V Q 0 1 114M AIN - WRIGHT COURT NOTES: ® I EXISTING BUILDINGS SHOWN HATCHED 2. AREAS OF POSSIBLE DEVELOPMENT OR RE -DEVELOPMENT ARE LASELED FUTURE SDP 1, EXISTING IMPROVIEMENTS AREA. TO SE D VED ARE SHOWN DASHED. ADDITIONAL IMPROVEMENTS MAY ALSO BE MOVED AND AN WILL BE IDENTIFIED IN FUTURE SITE DEVELOPMENT PLANS. 4. ALLFUTURE DEVELOPMENTMAY NOT BE LASELED'FUTURE SOP AREA' BUT WILL STILL BE SUBJECT TO SITE DEVELOPMENT RMS (SOP). ZONED R2 WRIGHT COURT ZONED R2 =SS DRIVE XENON STREET ZONED NC S DRIVE J i o SOP « *C�S DRIVE ,- -cm I ZONED PCD Trt-I / -- I I 1 1 I l l ✓/---_— — 1_ Y I I >W: ----------- f- w — tu---'tilt—{----------- -------------->---- >_ ---Z------ _ a - - - -� -- --------------- ¢------- �i to In W W W L) I-70 INTERSTATE HWY a < a a APPLEWOOD VILLAGE SHOPPING CENTER IIIIIIIII Reaencv Centers 80 40 0 80 SCALE I' - 80' SHEET NO. 2 of 2 PREPARED BY: NAOS DESIGN GROUP, LLC REVISION DATE: 10/10/14 SCALE: AS SHOWN ■ JOBM 2010011 111 ISSUE DATE: 09/12/14 Naos Design Group, LLC K.imley Horn e 4949 SOUTH SYRACUSE ST. SUITE 460 990 SOUTH BROADWAY SUITE 200 4fa*o"s DENVER, COLORADO 80237 (p) 303. 77 (t7 720.360.4281 DENVER, COLORADO 80209 (p) 03.228.2300 www.naosdg.com www. imley-hom.c www.kimley-hom.com 0 1 114M AIN - WRIGHT COURT NOTES: ® I EXISTING BUILDINGS SHOWN HATCHED 2. AREAS OF POSSIBLE DEVELOPMENT OR RE -DEVELOPMENT ARE LASELED FUTURE SDP 1, EXISTING IMPROVIEMENTS AREA. TO SE D VED ARE SHOWN DASHED. ADDITIONAL IMPROVEMENTS MAY ALSO BE MOVED AND AN WILL BE IDENTIFIED IN FUTURE SITE DEVELOPMENT PLANS. 4. ALLFUTURE DEVELOPMENTMAY NOT BE LASELED'FUTURE SOP AREA' BUT WILL STILL BE SUBJECT TO SITE DEVELOPMENT RMS (SOP). ZONED R2 WRIGHT COURT ZONED R2 =SS DRIVE XENON STREET ZONED NC S DRIVE J i o SOP « *C�S DRIVE ,- -cm I ZONED PCD Trt-I / -- I I 1 1 I l l ✓/---_— — 1_ Y I I >W: ----------- f- w — tu---'tilt—{----------- -------------->---- >_ ---Z------ _ a - - - -� -- --------------- ¢------- �i to In W W W L) I-70 INTERSTATE HWY a < a a APPLEWOOD VILLAGE SHOPPING CENTER IIIIIIIII Reaencv Centers 80 40 0 80 SCALE I' - 80' SHEET NO. 2 of 2 PREPARED BY: NAOS DESIGN GROUP, LLC REVISION DATE: 10/10/14 SCALE: AS SHOWN ■ JOBM 2010011 111 ISSUE DATE: 09/12/14 e ' 511 0 1 114M AIN - WRIGHT COURT NOTES: ® I EXISTING BUILDINGS SHOWN HATCHED 2. AREAS OF POSSIBLE DEVELOPMENT OR RE -DEVELOPMENT ARE LASELED FUTURE SDP 1, EXISTING IMPROVIEMENTS AREA. TO SE D VED ARE SHOWN DASHED. ADDITIONAL IMPROVEMENTS MAY ALSO BE MOVED AND AN WILL BE IDENTIFIED IN FUTURE SITE DEVELOPMENT PLANS. 4. ALLFUTURE DEVELOPMENTMAY NOT BE LASELED'FUTURE SOP AREA' BUT WILL STILL BE SUBJECT TO SITE DEVELOPMENT RMS (SOP). ZONED R2 WRIGHT COURT ZONED R2 =SS DRIVE XENON STREET ZONED NC S DRIVE J i o SOP « *C�S DRIVE ,- -cm I ZONED PCD Trt-I / -- I I 1 1 I l l ✓/---_— — 1_ Y I I >W: ----------- f- w — tu---'tilt—{----------- -------------->---- >_ ---Z------ _ a - - - -� -- --------------- ¢------- �i to In W W W L) I-70 INTERSTATE HWY a < a a APPLEWOOD VILLAGE SHOPPING CENTER IIIIIIIII Reaencv Centers 80 40 0 80 SCALE I' - 80' SHEET NO. 2 of 2 PREPARED BY: NAOS DESIGN GROUP, LLC REVISION DATE: 10/10/14 SCALE: AS SHOWN ■ JOBM 2010011 111 ISSUE DATE: 09/12/14 City of W heat Rdgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-14-09 Date of Planninq Commission hearing: November 6, 2014 Date of City Council hearing: January 12, 2015 I Kim Waggoner, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 39 letters on October 22, 2014 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: " UU Date: O WASINGER JAMES P AUSTIN VINCENT E BLATTER JEANETTE S HARTFORD KOURTNEY A RIVERA ROBERTA E 3150 WRIGHT CT 3175 XENON ST 12550 W 32ND AVE WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80033 DUBY ROBERT ALAN DUBY KAREN LINDA 3349 WRIGHT ST WHEAT RIDGE CO 80033 JOHNSON CAROL 2948 PIERSON WAY LAKEWOOD CO 80215 NORGARD PEARL L 3180 XENON ST WHEAT RIDGE CO 80215 HERKE JOHN F HERKE LAURETTA M 3355 WRIGHT ST WHEAT RIDGE CO 80033 SWA WHEAT RIDGE LLC 25700 SCIENCE PARK DR BEACHWOOD OH 44122 WINTON DONALD K 12590 W 32ND AVE WHEAT RIDGE CO 80033 VANDELINDER BRETT L VANDELINDER LETICIA M 3341 WRIGHT ST WHEAT RIDGE CO 80033 SAMUELSON LAURA M 3345 WARD RD WHEAT RIDGE CO 80033 US RETAIL PARTNERS LLC PROP TAX DEPT PO BOX 790830 SAN ANTONIO TX 78279 GHBU APPLEWOOD LLC PO BOX 7474 LOVELAND CO 80537 S&JLLC 12600 W 32ND AVE WHEAT RIDGE CO 80033 BRADY THOMAS H 3160 XENON ST WHEAT RIDGE CO 80215 APPLEWOOD PROFESSIONAL BUILDING LLC 12495 W 32ND AVE 2 WHEAT RIDGE CO 80033 FIRSTBANK OF WHEAT RIDGE 12345 W COLFAX AVE LAKEWOOD CO 80215 HALL TREVOR ALLEN PICKEREL JENNIFER LYNN 3155 WRIGHT CT WHEAT RIDGE CO 80215 HAAS JULIE A 1369 S DREXEL WAY LAKEWOOD CO 80232 SAGE ARON SAGE SANDRA 3185 XENON ST WHEAT RIDGE CO 80215 FLUETSCH RAYMOND L FLUETSCH KIMBERLY M 3175 WRIGHT CT WHEAT RIDGE CO 80215 HERITAGE BRIAN L ACO INC WELLS FARGO BANK WEST NA HERITAGE MICHELE D JEFFERSON COUNTY TREASURER THOMPSON PROPERTY TAX 3162 WRIGHT CT 100 JEFFERSON COUNTY PKWY 2520 SERVICES WHEAT RIDGE CO 80033 GOLDEN CO 80419 PO BOX 2609 CARLSBAD CA 92018 U S RETAIL PARTNERS LLC PO BOX 790830 SAN ANTONIO TX 78279 FRITSCHE SHIRLEY D 3185 WRIGHT ST WHEAT RIDGE CO 80215 HEBERT GEORGE J HEBERT CATHERINE R 3340 WRIGHT ST WHEAT RIDGE CO 80033 GREENE HORACE B MCTAGGART DENNIS ASHLEY TAYLOR BETTY J 7079 RUSSELL CT 12500 W 32ND AVE 3180 WRIGHT ST ARVADA CO 80007 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80215 STEINKE THEODORE R CLARK ELIZABETH SHOWME MOUNTAIN INVESTORS LLC STEINKE LEE D 3295 WARD RD TED LEVIS 3333 WRIGHT ST WHEAT RIDGE CO 80033 11456 OLIVE BLVD SAINT LOUIS MO 63141141 WHEAT RIDGE CO 80033 GARRALDA JOHN C GARRALDA B JEAN 3330 WRIGHT ST WHEAT RIDGE CO 80033 JAVOREK RODGERS FAMILY TRUST US RETAIL PARTNERS LLC 3305 WARD RD WALMART PROP TAX AP DEPT WHEAT RIDGE CO 80033 MAIL STOP 0555 PO BOX 8050 BENTONVILLE AR 72712 JAMIES LLC VJB PROPERTIES LLC KRINGEN GAIL DUBY 3597 S PEARL ST 103 12519 W 32ND AVE DUBY ROBERT ENGLEWOOD CO 80113 WHEAT RIDGE CO 80033 3365 WRIGHT ST WHEAT RIDGE CO 80033 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on November 6 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 291 Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-09: An application filed by Regency Centers, L.P. for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property located generally at 3400 Youngfield Street, also known as the Applewood Village Shopping Center. Said property is legally described as follows: A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED BELOW: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29 AND CONSIDERING THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER TO BEAR S89'29'29"W WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89 -29'29"W A DISTANCE OF 1263.09 FEET; THENCE N00'30'31"W, A DISTANCE OF 98.24 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT-OF-WAY FOR YOUNGFIELD STREET AND 60.00 FEET EAST OF THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29; THENCE PARALLEL TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00°54'01"W, A DISTANCE OF 556.10 FEET TO THE SOUTHWEST CORNER OF LOT 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION THENCE THE FOLLOWING TEN (10) COURSES ALONG THE WEST, NORTH AND EAST BOUNDARIES OF SAID LOT 1: 1. CONTINUING PARALLEL TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00'54'01"W, A DISTANCE OF 667.77 FEET; 2. N89 -26'17"E, A DISTANCE OF 150.00 FEET; 3. N00'54'01"W, A DISTANCE OF 200.00 FEET; 4. S89 -26'17"W, A DISTANCE OF 150.00 FEET; 5. PARALLEL TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 29, N00-54'01"W, A DISTANCE OF 135.14 FEET; 6. ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET AND A CENTRAL ANGLE OF 7725'57", AN ARC DISTANCE OF 245.96 FEET WITH A CHORD BEARING N37°48'56"E, A DISTANCE OF 227.67 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY FOR W. 38" AVE.; 7. ALONG SAID SOUTH RIGHT-OF-WAY, N76-31'47"E, A DISTANCE OF 701.71 FEET; 8. S00-46'08"E, A DISTANCE OF 670.37 FEET; 9. S89-26'17"W, A DISTANCE OF 0.68 FEET; 10. S00-53'19"E, A DISTANCE OF 762.82 FEET TO THE NORTHEAST CORNER OF LOT 2, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION; THENCE CONTINUING, S00-53'19"E ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 133.50 FEET TO THE NORTHWEST CORNER OF LOT 19, APPLEWOOD VILLAGE; THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE NORTHERLY, EASTERLY AND SOUTH BOUNDARIES OF LOTS 19 AND 20, APPLEWOOD VILLAGE: 1. S48°30'24"E, A DISTANCE OF 234.05 FEET; 2. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 18838'41", AN ARC DISTANCE OF 148.16 FEET WITH A CHORD BEARING S37-10'16"W, A DISTANCE OF 89.74 FEET; 3. S00°54'01"E, A DISTANCE OF 38.91 FEET; 4. S89°29'29"W, A DISTANCE OF 117.57 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE CONTINUING, S89-29'29"W, A DISTANCE OF 37.43 FEET TO THE NORTHEAST CORNER OF LOT 23, APPLEWOOD VILLAGE; THENCE ALONG THE EAST LINE OF SAID LOT 23, S00-54'01"E, A DISTANCE OF 115.21 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2008031587; THENCE THE FOLLOWING TWO (2) COURSES ALONG THE NORTH BOUNDARY OF SAID PARCEL: 1. N82-31'21"W, A DISTANCE OF 83.90 FEET; 2. N88'13'59"W, A DISTANCE OF 72.07 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 2008093175; THENCE THE FOLLOWING TEN (10) COURSES ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL: 1. N88°14'22"W, A DISTANCE OF 58.35 FEET; 2. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 8714'16", AN ARC DISTANCE OF 14.46 FEET WITH A CHORD BEARING N44°37'16"W, A DISTANCE OF 13.11 FEET; 3. S89-05'15"W, A DISTANCE OF 87.36 FEET; 4. S00-24'32"E, A DISTANCE OF 8.16 FEET; 5. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 8932'21", AN ARC DISTANCE OF 14.85 FEET WITH A CHORD BEARING S44'21'39"W, A DISTANCE OF 13.38 FEET; 6. S89°07'49"W, A DISTANCE OF 136.21 FEET; 7. ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9.50 FEET AND A CENTRAL ANGLE OF 90°40'44", AN ARC DISTANCE OF 15.04 FEET WITH A CHORD BEARING N45 -31'50"W, A DISTANCE OF 13.51 FEET; 8. N00 -11'28"W, A DISTANCE OF 2.00 FEET; 9. 589°48'32"W, A DISTANCE OF 32.54 FEET; 10. THENCE S00'54'01"E, A DISTANCE OF 4.64 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2011096840; THENCE ALONG THE NORTH LINE OF SAID PARCEL, S89 -29'29"W, A DISTANCE OF 149.91 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED BY THE SPECIAL WARRANTY DEED RECORDED AT RECEPTION NO. 2011096812; THENCE THE FOLLOWING TWO (2) COURSES ALONG THE NORTH LINE OF SAID PARCEL: 1. CONTINUING S89°29'29"W, A DISTANCE OF 100.77 FEET; 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 39.50 FEET AND A CENTRAL ANGLE OF 89°36'53", AN ARC DISTANCE OF 61.78 FEET WITH A CHORD BEARING N45'42'05"W, A DISTANCE OF 55.67 FEET TO THE POINT OF BEGINNING; CONTAINING 1,505,152 SQUARE FEET OR 34.554 ACRES, MORE OR LESS. Kim Waggoner. Administrative Assistant NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISION on November 6 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-09: An application filed by Regency Centers, L.P. for approval of a zone change from Commercial One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) and approval of an Outline Development Plan (ODP) for property located generally at 3400 Youngfield Street, also known as the Applewood Village Shopping Center. Published: Wheat Ridge Transcript, October 23, 2014 A parcel of land located in the Northwest One -Quarter of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described below: Commencing at the Southeast corner of the Northwest One -Quarter of said Section 29 and considering the South line of said Northwest One -Quarter to bear S89°29'29"W with all bearings herein relative thereto; Thence along said South line, S89°29'29"W a distance of 1263.09 feet; Thence N00°30'31"W, a distance of 98.24 feet to the Point of Beginning, said point being on the East Right -of -Way for Youngfield Street and 60.00 feet East of the West line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29; Thence parallel to the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29, N00°54'01"W, a distance of 556.10 feet to the Southwest corner of Lot 1, Applewood Village Shopping Center Subdivision Thence the following ten (10) courses along the West, North and East boundaries of said Lot 1: 1. Continuing parallel to the West line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29, N00°54'01"W, a distance of 667.77 feet; 2. N89'26'17"E, a distance of 150.00 feet; 3. N00°54'01"W, a distance of 200.00 feet; 4. S89°26'17"W, a distance of 150.00 feet; 5. Parallel to the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29, N00°54'01"W, a distance of 135.14 feet; 6. Along the arc of a non -tangent curve to the right having a radius of 182.00 feet and a central angle of 77°25'57", an arc distance of 245.96 feet with a chord bearing N37°48'56"E, a distance of 227.67 feet to a point on the South Right - of -Way for W. 38th Ave.; 7. Along said South Right -of -Way, N76'31'47"E, a distance of 701.71 feet; 8. S00°46'08"E, a distance of 670.37 feet; 9. S89°26'17"W, a distance of 0.68 feet; 10. 500'53'19"E, a distance of 762.82 feet to the Northeast corner of Lot 2, Applewood Village Shopping Center Subdivision; Thence continuing, S00°53'19"E along the East line of said Lot 2, a distance of 133.50 feet to the Northwest corner of Lot 19, Applewood Village; Thence the following four (4) courses along the Northerly, Easterly and South boundaries of Lots 19 and 20, Applewood Village: 1. S48°30'24"E, a distance of 234.05 feet; 2. Along the arc of a non -tangent curve to the left having a radius of 45.00 feet and a central angle of 188°38'41", an arc distance of 148.16 feet with a chord bearing S37°10'16"W, a distance of 89.74 feet; 3. S00°54'01"E, a distance of 38.91 feet; 4. S89'29'29"W, a distance of 117.57 feet to the Southwest corner of said Lot 20; Kimley>»Horn October 14, 2014 Dave Brossman — Development Review Engineer City of Wheat Ridge Public Works 7500 W. 29th Avenue Wheat Ridge, CO 80033 RE: W7-14-09/Applewood Village Shopping Center Dear Mr. Brossman: In response to your submittal comments provided on October 1, 2014, please see our responses listed below: Outline Development Plan: Sheet 1: 1. The Legal Description is not on the Current City Datum. City -based bearings and coordinates shall be used per Sec 26-412 of the Municipal Code of Laws. The City uses a ground-based modified form of the NAD83/92 (NAD83 HARN) State Plane coordinate system. Please refer to the Land Surveying page on the City website link: http.,//www.ci.wheatridge.co.us/80/Land- Surveying The section tie must be to a Section, Quarter -Section, or Permanent High Accuracy Control Point (PHAC) only-, no aliquot corners shall be accepted. (There is a Section Corner at W. 32nd Avenue and Ward Road with the following Current City Datum coordinates: N: 703025.94 E: 102598.00 ELEV: 5466.30 (NAVD88) ■ Response: Revised as requested. 2. The Basis of Bearing does not use a bearing consistent with the Current City Datum. The Basis of Bearing must be a Section Line as required by Code, as in the case of the Legal Description, aliquot lines are unacceptable and cannot be used as the Basis of Bearing. West 32nd Avenue lies due the south of the subject property and contains the south line of the northwest %4, Section 29, which is a Section Line that bears N89°29'29"E on the Current City Datum. ■ Response: Revised as requested. 990 South Broadway, Suite 200, Denver, CO 80209 303 228 2300 Kimley>»Horn Sheet 2: Page 2 1. They will need to identify the future COMMON WQ/ STORMWATER DETENTION BASIN". ■ Response: Revised as requested. Conceptual Drainage Report: 1. Kimley Horn will need to modify the Drainage Report to account for the 5 -year event being the Minor Storm rather than 10 -year as currently used. ■ Response: Revised as requested. 2. Upon completion of comment 1 above, PW finds there to be sufficient information in this Conceptual Report to approve the rezoning request. ■ Response: Thank you. 3. All other technical comments will be reserved for the final Drainage Report to be forthcoming with the Specific Development Plan and Final (Consolidation) Plat. ■ Response: Noted. With Kimley-Horn, you should expect more and will experience better. Please contact me at (303) 228-2335 or den nis. sobieski(o-)kimley-horn.com should you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Dennis Sobieski, P.E. Project Manager 1 990 South Broadway, Suite 200, Denver, CO 80209 City of � Wheatidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 October 3, 2014 Eric Chekal Regency Centers 8480 East Orchard Road Suite 6900 Greenwood Village, CO 80111 Dear Mr. Chekal: This letter is in regard to an application filed for approval of a zone change Planned Commercial Development and Outline Development Plan approval for property located at 32nd and Youngfield Street. The application has been reviewed and the following are comments regarding the first submittal. SITE PLAN SHEET 1 1. Modify the purpose statement by replace "provide" and "expand" to "providing" and "expanding". 2. In note #1, indicate that the properties are being rezoned. 3. In the Development Guidelines, for new buildings, indicate that guidance from the ASDM includes building placement. 4. Modify the document title so it reads as follows: " Applewood Village Shopping Center- Amendment #9 Outline Development Plan Land located ............." 5. Under Screening, indicate that ground mounted screening can include fencing (unless you don't want that option). 6. In the Surveyor's Certificate, designate who will be signing and stamping. 7. Site Development Standards, indicate that maximum building height is 50' 8. Add a comma in the first sentence regarding permitted uses. 9. Add the following note about blanket cross access: "The owner, his successors and assigns grants rights and privilege of access to, and free movement through all curb cuts, parking areas, and drive aisles within the shopping center." 10. Add the following note: Fencing shall be consistent with Section 26-603 of the Wheat Ridge zoning and development code. 11. Add the following note: Parking shall be consistent with Section 26-501 of the Wheat Ridge zoning and development code. 12. Add the following note: Site and building lighting shall be consistent with Section 26-503 of the Wheat Ridge zoning and development code. 13. Add the following note: Signage shall be consistent with Article VII of the Wheat Ridge zoning and development code unless modified a future specific development plan or a master sign plan. 14. Add the following note: Landscaping quantities and sizes shall be consistent with Section 26-502 of the Wheat Ridge zoning and development code. 15. Modified the case history to reflect this case. SHEET 2 1. Modify the document title so it reads as follows: " Applewood Village Shopping Center- Amendment #9 Outline Development Plan Land located.......... ." OTHER ITEMS 1. For publication purposes, please email a boundary legal description approved by Public Works in Word format to mreckert(a,ci.wheatridge.co.us. 2. We need to use a single address for the entire property. Do you have any preferences? Please advise. Attached are referrals received from other city departments and outside agencies regarding the plat document. CDOT.• See attached letter from Marilyn Cross dated September 22, 2014. Northwest Lakewood Sanitation District: See attached letter from Bill Willis dated September 24, 2014. Wheat Ridge Fire Protection District. See attached letter from Kelly Brooks dated October 1, 2014. Wheat Ridge Police Department: See attached memo from Kevin Armstrong dated September 29, 2014. Wheat Ridge Public Works: See attached letter from Dave Brossman dated October 1, 2014. Xcel Energy: See attached letter from Donna George dated October 1, 2014. Additional referral comments may be forthcoming and will be forwarded. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Traffic Engineering Mark Westberg 303-235-2863 This case is tentatively scheduled for Planning Commission public hearing on November 6, 2014. In order to meet this schedule, required revisions should be submitted to the case planner by October 16 for review. Please submit one 24" x 36" copy and one 11" x 14" copy of the revised documents. Include an electronic copy with a PDF document and an AutoCAD dwg (2010 or older) including all external reference and shx files, etc. Publication for the November 6 meeting will occur October 17, 2014. We will need a legal description approved by the Public Works department in order for this to occur. See number 1 above. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner '• COLORADO Department of Transportation Region 1 Traffic 2000 S Holly St Denver, CO 80222 September 22, 2014 Meredith Reckert, AICP Senior Planner City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 The Colorado Department of Transportation Region 1 has reviewed the referral for Approval of a zone change to Planned Commercial Development (PCD) for the Applewood Village Shopping Center. Our comments are as follows: • CDOT has no objections to this proposal as the shopping center is an existing developed center and no changes are proposed to access to 1.70 or any State Highway. • The Outline Development Plan submitted with the referral incorrectly identifies the adjacent highway as 1-25. Please correct the map to show 1-70 Interstate Hwy." Thank you for allowing us the opportunity to review this submittal. If you have any additional questions or concerns, please feel free to contact me at the number listed below Sincerely, Marilyn Cross, A CP Access Manager cc File 2000 S Holly St, Denver, CO 80222 P 303.512.4266 F 303.757.9886 www.colorado.gov r' h MARTIN/MARTIN September 24, 2014 Meredith Reckert City of Wheat Ridge Community Development 7500 West 2911 Ave. Wheat Ridge, CO 80033 Email: mreckert@ci.wheatridge.co.us Re: NWLSD — WZ-14-09 — Applewood Village Shopping Center ---_--- Marti artin,.lnc Project No.: 15700,L.01 _ Dear Ms. Reckert, On behalf of the Northwest Lakewood Sanitation District (NWLSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated September 16, 2014 concerning a request for a zone change. The District has no issues with the proposed rezoning of the parcels. The subject lots at the property referenced above is partially within the boundary and service area of NWLSD. The northern boundary of NWLSD cuts across Applewood Shopping Center at approximately W. 35" Ave. Parcel 03500 does not appear to be located within NWLSD. The survey file provided by the Developer/Owner shows the sanitary sewer service for this parcel running northward to Westridge Sanitation District. Treatment of sewage generated within the NWLSD is provided by the Metro Wastewater Reclamation District (Metro). NWLSD has a 12 -inch to 18 -inch diameter sanitary sewer transmission line running west to east along the southern part of the Applewood Village Shopping Center. A District map of this area is attached. Currently, parts of Applewood Village Shopping Center are serviced by a private mainline connecting to NWLSD's transmission line. If the developer plans any future construction that includes plumbing modifications or water meter sizing changes due to future improvements/development, NWLSD will need to review the design plans for service modification. If a main extension is necessary NWLSD's District Engineer will provide the design upon completion of a main extension agreement. The developer may also be required to provide definition of proposed generated flows from the rezoning and associated outfall locations to allow an understanding of downstream sanitary mainline capacity issues based on changes to the current conditions. A downstream capacity analysis provided by the developer may also be required. If it is discovered that the downstream mainlines will need to be upsized to due to the development, this upsizing cost will be the responsibility of the owner/developer. All costs involved — reviews, extensions (if required), design, contract development, construction, observation and inspections — are the responsibility of the Owner/Developer. Please be aware that 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 Northwest Lakewood Sanitation District, which also collects Metro Wastewater's "connection fees". A copy of the District's rules and regulations are available upon request. Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, ez� Bill Willis, PE Cc: Peter Italiano — SDMSI, Inc. Tim Flynn — Collins, Cockrel, Cole MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 +,fARTINMARTIN.COM ¢ mv yo "z N _ .J d m - � � N l3 Nd8bf1 x g I _ Do' (if of i ' ,n o . vm .m vqz l� NVIAIA I 'la NVIAIA COm - Y �¢I m,� m 00 b I .acs v� mo Am sae u u srs m *08 a8vm Go —in b. = Mo $ '�2moi' .� .m °7� ' is �a 1S 1 a12iM � lttJ 1HOI�IM--- X I I I 10 �— d c ✓" � m mia yS m Q L m m r, d a Z N � M .0 0 nw '� sL-�a �, � I N N ¢ t0 ¢ m t10Y m C oor srz Q Agyp_ Q G _ Meredith Reckert From: Kevin Armstrong Sent: Monday, September 29, 2014 2:30 PM To: Meredith Reckert Subject: RE: Land Use Referrl The Police Department has no concerns with this project. Scrgcant Kevin Armstrong Crimc Prevention 77am Wlicat Ridge Policc Department 7500 W. 2.91h A venue Whcat Ridgc, Colorado 80033 Office Phone: 303-235-2927 Fax.- 303-235-2.949 karmslrongiyci wheatridgc. co. us City of "� 'Wheat �dge POLI DEPARTMENT CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Meredith Reckert Sent: Tuesday, September 16, 2014 4:04 PM To: Kevin Armstrong Subject: Land Use Referrl Dear Kevin, The Wheat Ridge Community Development Department has received a request for approval of a zone change to Planned Commercial Development and Outline Development plan for properties addressed as 3298 Youngfield, 3210 Youngfield, 12755 W. 32nd Avenue, 12525 W. 32nd Avenue and 3200 Wright Court (Case No. WZ-14-09). The intent of the zone change is to incorporate these parcels into the boundary of the Applewood Village Shopping Center. Please download the application documents from the City's FTP site using the following credentials. The file is located in the "Community Development" folder, and the file name is Zone change — Applewood Village Shopping Center. Access the site at: ftp://ftp.ci.wheatridoe.co.us/outbox/ User name: cowrftp Password: cowrftp2012 Path: Community Development 4 zone change — Applewood Village Shopping Center Comments are due by October 1, 2014; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. 4DWHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE 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 October 1. 2014 Meredith Reckert City of Wheat Ridge Community Development 7500 West 29"' Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: WZ-14-09/Applewood Village Shopping Center 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. For any new buildings or development, all requirements established in the Commercial Site Planning Guide, as well as the International Fire Code and IFC amendments as adopted by the City of Wheat Ridge shall be met unless otherwise 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, will 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 any proposed construction project may require one or more of the following Fire Department permits: Fire District building permit o Fire alarm system permit c Sprinkler system permit o Commercial kitchen hood suppression 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, ,-- --P,04 Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District SITE PLANNING GUIDE FOR COMMERCIAL OCCUPANCIES Division of Fire Prevention WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.5900 • www.wrfire.org Table of Contents General Information 2 Signage ---- ........ -.------------ _ ................ .............. ______________----__ _ _____._ 2 - Private Street Signs Building Address Numbers Fire Apparatus Access Roads 3 - Additional Access -- -_ ---------------------.---. - Commercial and Industrial Developments - Aerial Fire Apparatus Access Roads - Fire Apparatus Access Road Wldths - Vertical Clearances - Authority - Surface - Bridges and Elevated Surfaces - Dead End Fire Apparatus Access Roads - Turning Radius - Fire Apparatus Access Road Grades - Curbs - Marking of Fire Apparatus Access Roads Water Supply and Fire Flow g - Fire Flow Calculation Area - Minimum Required Fire Flow - Reductions in Minimum Required Fire Flows - Sprinkler Systems not Permitted for Reduction Fire Hydrant Spacing - -- 7 --- ----- ---------------._._._._._._.. Sprinkler or Standpipe Systems and Hydrant Location Fire Hydrants and Installation 7 - Obstructions -- - - Clear Space Around Fire Hydrants - Fire Hydrants Subject to Vehicle Damage - Other Barriers Fire Protection Systems g - roup 8 Occupancies ------- --- -.._._._._._..------------- ------- - -- Group E Occupancies - Group F-2 Occupancies Group S-2 Occupancies Underground Lines for Fire Protection Systems - Backflow Prevention - Fire Sprinkler and Standpipe Control Rooms - Fire Department Connection Locations - Fire Department Connection Height - Access to Fire Department Connections - Locking Fire Department Connection Caps Utilities 10 - - - -- -------------- ------- .- - ----._... ---- -- -- ----..—._—_ _._._._._. - Electrical Rooms - Gas Meters Subject to Vehicular Damage Miscellaneous Features 11 ------ ----- ---- - _ -- --- - --- --- - -- --- - --------.—.- --- - Electrical Rooms - Gas Meters Subject to Vehicular Damage WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention General Information This site planning guide for commercial occupancies is based upon the 2006 International Fire Code and the 2006 International Building Code as amended and adopted by the City of Wheat Ridge and the Wheat Ridge Fire Protection District. 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 City of Wheat Ridge and within the boundaries of the Wheat Ridge Fire Protection District. 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 06 505.2) Private Street Signs. Street signs for private streets are not provided by the City of Wheat Ridge. 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 06 505.2) 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. 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 06 505.1) When address numbers are placed on buildings that are accessed from alleys or private streets away from the main street frontage, address signs and or address numbers shall be posted at the entrance to the alley or private street. The address signs shall be approved by the Division of Fire Prevention prior to installation. (IFC 06 505.1) 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 one hundred fifty (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 06 503.1.1) Exception: The fire marshal or designated representative is authorized to increase the dimension of one hundred fifty (150) feet where.- The here: 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. 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 06 503.1.2) Commercial and Industrial Developments. Buildings of facilities exceeding thirty (30) feet or three stories in height shall have at least three means of fire apparatus access for each structure. (IFC 06 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. (IFC 06 D104.1) Exceptions.- 1. xceptions: 1. 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. 2. Where two 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 property or area to be served, measured in a straight line between accesses. (IFC 06 D104.3) 3 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Aerial Fire Apparatus Access Roads. Buildings or portions of buildings or facilities exceeding thirty (30) feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the areal apparatus access roadway. (IFC 06 Appendix D105.1) Fire apparatus access roads shall have a minimum unobstructed width of twenty- six (26) feet in the immediate vicinity of any building or portion of building more than thirty (30) feet in height. (IFC 06 Appendix D105.2) At least one of the required access routes meeting this condition shall be located within a minimum of fifteen (15) feet and a maximum of thirty (30) feet from the building, and shall be positioned parallel on one entire side of the building. (IFC 06 D105.3) Fire Apparatus Access Road Widths. Fire apparatus access roads or fire access lanes shall have a minimum unobstructed width of twenty-four (24) feet. (IFC 06 503.2.1 Amended) Vertical Clearance. An unobstructed vertical clearance of not less than thirteen (13) feet, six (6) inches shall be provided and maintained. (IFC 06 503.2.1) 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 06 503.2.2) 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 with the first lift of asphalt to provide all-weather driving capabilities, and shall be installed prior to above grade construction. (IFC 06 503.2.3 Amended) Grass-crete, Ritter Rings or similar landscape treatments that will prevent a fire apparatus access road from being maintainable as an all-weather surface and immediately discernable, shall be prohibited. (IFC 06 503.2.3 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 of Wheat Ridge 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 or signs shall be installed and maintained. (IFC 06 503.2.6) 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 06 503.2.5) 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 D 103.1 Over 7501 Special approval required Turning Radius. The required turning radius for fire apparatus shall be a minimum of forty-seven feet -four inches (47) feet four (4) inches outside radius and twenty six (26) feet six (6) inches inside radius with a four (4) foot bumper overhang. (IFC 06 503.2.4) y ss' 26' 28' R' TYR, 20'28, 20' 96' DIAMETER 60"Y' MINIMUM CLEARANCE CUL-DE-SAC AROUND A FIRE HYDRANT 60-1 [4:160' r26' '- 28'R-- TYR, Y 120' HAMMERHEAD 28'R TYR, 4 70' 20'-T -a 20' ACCEPTABLE ALTERNATIVE TO 12W HAMMERHEAD FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND 5 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Fire Apparatus Access Road Grades. The grade of fire apparatus access roads shall not exceed City of Wheat Ridge Engineering and Wheat Ridge Fire Protection District Standards. (IFC 06 503.2.7) Curbs. Vertical curbs shall not be placed at the entrance of or within fire access lanes or roads. Mountable curbs and gutter may be used, if approved by the fire marshal. (IFC 06 503.2.8 Amended) Marking of Fire Apparatus Access Roads. "No Parking Fire Lane" signs shall be installed on each side of fire apparatus access roads, private streets or alleys to identify such roads and to prohibit parking. The maximum spacing between signs shall not exceed 135 feet. "No Parking Fire Lane" signs shall meet the requirements as set forth by the City of Wheat Ridge. (IFC 06 503.3) Water Supply and Fire Flow Water lines and fire hydrants shall be installed, operational and capable of providing the minimum required fire flow for the building sites prior to above grade construction. (IFC 06 508.5.1) 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 B 104.3. (IFC 06 Sec 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 06 SecB104.3) Minimum Required Fire Flow. The minimum required fire flow for buildings is calculated from Appendix B, Table B 105.1. (IFC 06 Appendix B) A copy of Appendix B. Table B 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 2006 International Building Code are allowed to be considered as separate fire flow calculations. (IFC 06 Sec B104.2) A reduction in the required fire flow up to fifty (50) percent as approved by the fire marshal is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.1.1. The resulting available fire flow 61 WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention shall not be less than one -thousand -five -hundred (1,500) gallons per minute for the prescribed duration as specified in Appendix B Table B 105.1. (IFC 06 Sec B105.2) Sprinkler Systems Not Permitted For Reduction In Minimum Fire Flows. NFPA 13- R Sprinkler Systems are not permitted to be used for a reduction in the minimum required fire flow. (IFC 06 Sec B103.1 Amended) Fire Flow Test Information. Fire flow test information may be obtained from the Division of Fire Prevention of the Wheat Ridge Fire Protection District. Fire flow tests are usually completed within ten (10) working days, unless conflicts or weather conditions arise in scheduling tests with the Water District of jurisdiction or the Division of Fire Prevention. (IFC 06 508.4) Fire Hydrant Spacing Fire hydrant spacing in commercial and multi -family occupancies shall be installed at a maximum of three -hundred (300) feet spacing between units. (IFC 06 508.5.1 Exp. 3 Amended) Fire hydrant locations shall be approved by the Water District of jurisdiction and the Division of Fire Prevention. (IFC 06 508.5.1) Sprinkler or Standpipe Systems and Fire Hydrant Location. A fire hydrant shall be installed and maintained within one -hundred -fifty (150) feet of a fire department connection serving a sprinkler or standpipe system. (IFC 06 508.1 Amended) Fire Hydrants and Installation Fire hydrants shall be painted colors as approved by the Water District of jurisdiction. (IFC 06 508.5.7 Amended) 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. Obstructions. Posts, fences, vehicles, growth, trash storage, mail kiosks, transformers or other materials or objects shall not placed or kept near fire hydrants that would prevent such equipment from being immediately discernable. (IFC 06 508.5.4) Clear Space Around Fire Hydrants. A minimum of a three (3) foot clear space shall be provided and maintained around the circumference of fire hydrants. (IFC 06 508.5.5) 71. WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Fire Hydrants Subject To Vehicle Damage. Fire hydrants that are subject to vehicular impact shall be protected by posts that comply with the fire code or by other approved physical barriers that comply with the fire code. (IFC 06 312.1) 1. Constructed of steel not less than four (4) inches in diameter and concrete filled. 2. Spaced not more than four (4) feet between posts on center. 3. Set not less than three (3) feet deep in concrete footing of not less than a fifteen (15) inch diameter. 4. Set with the top of the posts not less than three (3) feet above the ground. 5. Located not less than three (3) feet from the protected object. Other barriers. Physical barriers shall be a minimum of thirty-six inches in height and shall resist a force of twelve (12,000) pounds applied thirty-six (36) inches above the adjacent ground surface. (IFC 06 312.3) 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 of Wheat Ridge Building Department. Sprinkler System Requirements as Amended In addition to the required sprinkler system installations as specified within the International Fire Code, 2006 edition, the following occupancies shall be required to be provided with automatic sprinkler systems: Group B Occupancies. An automatic sprinkler system shall be installed in Group B, Occupancies where the floor area exceeds twelve -thousand (12,000) square feet or eighteen -thousand (18,000) square feet on combined floors and mezzanines. (IFC 06 903.2.1.6 Amended) Group E Occupancies. An automatic sprinkler system shall be installed in Group E Occupancies where the floor area exceeds twelve -thousand (12,000) square feet or eighteen -thousand (18,000) square feet on combined floors and mezzanines: (IFC 06 903.2.2 Amended) Group F-2 Occupancies. An automatic sprinkler system shall be installed in Group F- 2 Occupancies where the floor area exceeds twelve -thousand (12,000) square feet or eighteen -thousand (18,000) square feet on combined floors and mezzanines. (IFC 06 903.2.2.2 Amended) 8 1 P a g e WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Group S-2 Occupancies. An automatic sprinkler system shall be installed in Group S- 2 Occupancies where the floor area exceeds twelve -thousand (12,000) square feet or eighteen -thousand (18,000) square feet on combined floors and mezzanines. (IFC 06 903.2.9.1.2 Amended) 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 06 508.5.3) Back Flow Prevention. Back flow prevention shall be installed on all new sprinkler and standpipe systems. (IFC 06 903.3.5) 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 06 912.5) Fire Sprinkler or Standpipe Control Rooms. When an automatic fire sprinkler system or standpipe system is provided within a building and serves more than one tenant space, the main control valves shall be located within a room of sufficient size that has access provided from the building exterior with a door that is provided for fire department access. Said door shall not be less than three (3) feet in width, by six (6) feet eight (8) inches in height and shall be appropriately labeled with a permanent sign having letters of not less than one (1) inch in height stating, "Fire Control Room". (IFC 06 903.1.2 and IFC 06 905.1.2 Amended) Fire Department Connection Locations. The fire department connection serving a sprinkler or standpipe system shall be located on the front of the building as approved by the fire marshal. (IFC 06 903.3.7) Fire Department Connection Height. 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 06 903.3.7 and IFC 06 905.5.1 Amended) Ql: WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention 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 06 912.3) 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 06 912.3.1) Contact the Division of Fire Prevention for Knox application form. Utilities Electrical rooms. The doors to the electrical room shall be labeled, "Main Electrical Disconnect" in a minimum of one (1) inch letters on a contrasting background. (IFC 06 605.3.1.2 Amended) 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 06 312.1) 1. Constructed of steel not less than four (4) inches in diameter and filled with concrete. 2. Spaced not more than four (4) feet between posts on center. 3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter. 4. Set with the top of the posts not less than three (3) feet above the ground and located not less than three (3) feet from the protected object. 5. 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 06 312.3) Miscellaneous Features Key Boxes. A Knox Box key box shall be provided on all buildings that have required sprinkler systems, extinguishing systems, standpipe systems or fire alarm systems. Please contact the Division of Fire Prevention for a Knox application form. (IFC 06 506.3 Amended) The key box shall contain all necessary keys to gain access to the building and fire control rooms and shall be maintained at all times. (IFC 06 506.2) Trash Enclosures. Trash enclosures shall be of non-combustible construction including gates or doors. (IFC 06 304.2.1 Amended) 101, XcelEnergysm PUBLIC SERVICE COMPANY October 1, 2014 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Right of Way & Permits 1123 West 3i' Avenue Denver. Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3660 donna.l.george@xcelenergy.com Re: Applewood Village Shopping Center Rezone, Case # WZ-14-09 Public Service Company of Colorado (PSCo) has reviewed the request for the Applewood Village Shopping Center Rezone. Please be advised that PSCo has existing natural gas and electric distribution facilities throughout the 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. As the project progresses, the property owner/developer/contractor must contact the Builder's Call Line at 1-800-628-2121 and complete the application process for any new gas or electric service, or modification to existing facilities including relocation and/or removal. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new 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 Q CL F - z W a O W W Y� 0 ; w� z O R LV z =€$ LV Cep ZQ uWW°€ oZ0 a s= O CD J 0 I R aril) i 'r irlt g ,,lall� 16 1, lilt', leg 8till I lilt aril) i 'r irlt g ,,lall� 16 1, lilt', Y J a F - w a 0 w > t o � Z F- M O R Wei w =�� P WZ =W w Z Asa U w oW a s�€ O w Q J 0 O w a Q N o N o 0 N Z �• a g O w �R w z 2 w o (n ° ww �H � 5� 4 ASU baa �O a Meredith Reckert From: Steve Art Sent: Wednesday, October 08, 2014 8:38 AM To: Lauren Mikulak; Meredith Reckert Subject: Referrals The URA voted last night that neither the Applewood or WR Corners projects conflicted with those specific URA plans. Proceed forward as you may... Steve Art Economic Development & Urban Renewal Manager Direct: 303-235-2806 Cell: 720-454-9040 Fax: 303-235-2806 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 www.ci.wheatrid eg co.us City of Wheat 1idge CITY MANAGER'S OFFICE CONFIDENTIALITY NOTICE: This a -mail contains business -confidential infonnation. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by a -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. City of _:�W heat midge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: September 16, 2014 Response Due: October 1, 2014 I he vvneat Kidge Uommunity Uevelopment Department has received a request for approval of a zone change to Planned Commercial Development (PCD) and an Outline 3298 Youngfield, 3210 Youngfield, 12755 W. 32nd Avenue, 12525 W. 32nd Avenue and 3200 Wright Court Development Plan (ODP) for properties located at. The new parcels are being incorporated into the planned development for the Applewood Shopping center and are currently zoned Commercial -One (C-1), Restricted Commercial (RC) and Neighborhood Commercial (NC). Case No.: WZ-14-09/Applewood Village Shopping Center Request: The intent of this application is to include these remnant parcels into the boundary of the Applewood Village Shopping Center. The shopping center comprises 32.97 acres, is located at the southeast corner of Youngfield and W. 38`h Avenue and extends south to West 32nd Avenue. A zone change and ODP are the first step of the process for new construction in a Planned Development in the City of Wheat Ridge. The ODP document accompanies the zone change request and establishes the intensity, circulation/access and general character of the new development . Prior to construction, a Specific Development Plan (SDP) and subdivision plat will be required to be processed. They will be sent out as a separate referral. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us r.e�Tr�e� v11� I nIuv wn. CDOT Xcel Energy CenturyLink Comcast Consolidated Mutual Water District Northwest Lakewood Sanitation "The Carnation City Wheat Ridge Fire Protection District Wheat Ridge Economic Development Renewal Wheat Ridge Wheat Ridge Economic Development Wheat Ridge Public Works Wheat Ridge Building Division Wheat Ridge Police Vicinity map "The Carnation City" ALTA/ACSM LAND TITLE SURVEY APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO LEGAL DESCRIPTION: Patcd A. Lot 1, APPLE WOOD VILLAGE SHOPPING CENTER SUBDNISK)N, County of lefferson. State of Colorado EXCEPT that potion conveyed by Bargain and Sale Deed, recorded October 6, 2008, at Reception No 2008093175 Parcel B: That part of the Southeast quarter of the Nonhwest quarter of Section 29, Township South, Range 69 West of the 6th Pnnupal Meriden, described as: COMMENCING at the point of intersection of the East right-of-way of V-9field Street and the South line of Me Northwest quarter of Serhon 29, whence the West quarte, corner of said Section bears South 89'3142" West. 1392,42 feet and the Southwest corner of the Southeast quarter of said Northwest quarter bears South 89'31'12' West 60,00 feet; running thence North 00'51'48" West, parallel with the West line of sad Southeast quaner of the Northwest quarter and along the East night -of -way lane of Yo --held Street, 180 00 feet to the TRUE POINT OF BEGINNING, Thence continuing a" said East right-of-way Line. North 00'51.48' West, 274.32 feet, Thence kavmg said [as l night -of -way line North 89'31'42' East, parallel to the South line of said Northwest quarter, 140.00 feet; Thence North 00'51'41' West, Parallel with laid East right -off -way line, 175.68 feet; Thence North 89'31'42" East. 150.00 feet; thence South 00'51'48" East, parallel with said East right of -way Yate, 450.00 feet; Thence South 89'31'42' West. parallel with the South line of said Northwest quarter, 29000 feet, more or ku, tothe TRUE POINT OF BEGINNING, County of Jefferson, State of Colorado Mail Thal pan of the Northeast quarter of the Northwest quarter of Sect def 29, Township 3 South, Range 69 West of the 6th Principal Meriden, City of Wheat Ridge, County of Jefferson, State of Colorado, described asfollows: BEGINNING at a point 25 feet North of the South lane of the Northeast quarter of the Northwest quaner of Said Section 29, and 60 feet East of the West line of the Northeast quarter of the Northwest quarter of said Senior 29; ThMce Easterly parallel to the South line of the Northeast quarter of the Northwest quarter of said Section 29. a distance of 150 feet; Thence Northerly parallel to the West line of the Northeast quarter of the Northwest quarter of said Section 29, a distance of 175 feet; Thence Westerly parallel to the South lone err the Northeast quarter of the Northwest quarter of said Section 29, a distance of ISO feet; Thence Southerly parallel to the West line of the Northeast quarter of the Northwest quarter of said Section 29, a distance of 175 feet to the POINT Of BEGINNING, County of IeNerson, State of Colorado Parcel D: The South 15 feet of the East 150 feet of the West 210 feet of the Northeast quarter of the Northwest quaner of Section 29, Township 3 South, Range 69 West of the 6th Principal Meriden, City of Wheat Ridge, County of Jefferson, State of Colorado Parcel E: A tract of land in the SE X of the NW X of Section 29, Township 3 South, Range 69 West of the 6th Principal Menden, Jefferson County Colorado, desuioed as follows: BEGINNING at a point which n 60.00 Het East of the West kne of the SE X of the NW % of .,it Section 29, and 454.32 feet North of the South line of the SE % of the NW % of said Section 29; Theatre North 89'31.2' East a distant! Of 140.(X1 feet; Thence North 00'51.8' west a distance of 200.00 feet; Thence South 89'31.2' West • distance of 140.00 feet; Thence South DO'S 1.1' East a distance of 200.00 feet to the POINT OF BEGINNING, and, A tract of land in the SE X of the NW X of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, described as foaows BEGINNING at a pant which ls 60 feet East of the West line of the SE % of the NW % of said Section 29 grid SW feet North of the South knt of the SE X of the HE % of said Section 29, Thence North DO'S 1. B' W est a distance of 124.32 feet; ThenceSouth 89'31.2' West a it.,— 0110 feet; Thence South 0051.8' East, a distance of 124.32 feet; Theme North 89'31.2' East, a distance 0110 feet to the POINT OF BEGINNING, County of Jefferson, State of Colorado Parcel F: Lots 23 and 24, Block 1, APP"wood Village. County of Jefferson. State of Colorado EXCEPT the Northerly 5 feet of laid Lots; and EXCEPTING that portion of Lots 23 and 24 conveyed to Longs Peak Metropolitan District by Special Warranty Deed recorded April 3, 2008 at Reception No. 2008031587. LEGAL DESCRIPTION_: rued Q. GiT Applewood Village Shopping Center Subdivision, County of l<fferson, State of Colorado Pared H: lots 19 and 20, Block 1, Applewood Village, County of Jefferson, State of Colorado Panel 1: The North 5 feet of Lots 23 and 24, Block 1, Applewood Village, County of Jefferson, State of Colorado Panel E: A tract or parcel of land No. A300 of the Department of Transportation, State of Colorado, Protect No M361-004 in the Southeast quarter of the Northwest quarter of Section 19, Township 3 South, Range 69 West of the Sixth Principal Meridian, In Jefferson County, Colorado, laid tract or parcel being....". Particularly described as follows. at portion of the South 530 feet of the West 610 het of the Southeast quarter of the Northwest quarter Th of Section 29, Township 3 South, Range 69 West, County of Jefferson, State of Colorado, described as BE at a point on the Northeast corner of the mlermcilon of Wast 32nd Avenue and Yowgheld Street, Thence East along the North knt of West 32nd Ayenue, a distance of 140.00 feet; Thence North at 89 degrees 37 minutes, a distance of 15000 feet; Thence West at 90 degrees 23 minutes, a distance of 140.00 feet; Thence South at 89 degrees 27 minutes, a distance of 150.00 feet to the POINT O BEGINNING EXCEPTING therefrom that pom— conveyed to the City of Wheat Ridge by deed recorded February 15, 1990 at Reception No. 90013511. FURTHER fXCE PIING therefrom that portion conveyed to the CM of Wheat Ridge, a home rule city of the State of Colorado by deed recorded October 26, 2011 at Reception No 2011096812. Parcel IL A trap or parcel of land No. A301 of the Department of Transportation, Stale of Colorado, Proles No. M361-004 in the Southeast quarter or the Northwest quaner of Section 29, Township 3 South, Range 69 West of the Srath Principal Meridian, .n Jefferson County, Colorado, laid Craft or parcel Deng more partrcukrty described as follows That pan of the Southeast quarter of the Northwest quaner of Shan 29, Township 3 South, Range 69 West of the Surlh P—quill Meridian, described as follows. BEGINNING at a point 200 feet East of the West line of the Southeast quarter of the Northwest quarter of said Section 29, and 30 feet North of the South line of the Northwest quarter of said Section; Thence North 0'51.8' West and parallel with the West line of the Southeast quarter of the Nonli—st quarter of said Section, a distance of 750 feet; Thence North 89' 312 Fast and parallel with the South line of the Northwest quarter of said Section, 150 feet; Thence South 0' 51. B' East, a distance of 150 feel; Theme South 89' 31.2' West 150 feet to the POINT OF BEGINNING. EXCEPTING therefrom that portion conveyed to the City of Wheat Ridge, a home rule uty of the Stare of Colorado by deed recorded October 26, 2011 at Reception No 1011096840. NOTE-. Said Parcels J and K are also known as. A parcel of land situated in the Southeast quarter of the Northwest quarter of Section 29, Towmt..p 3 Squid, Range 69 West of the Soth Principal Meridian, m Jefferson County. Colorado, being more partnculany described In follows'. COMMENCING at the Southwest comer of the said Southeast quarter of the Northwest quarter of 5ec hori 29 from whence the center of Section 29 bears N 89 31'42- E, • distance of 1322.41 feet with all bearings herein relative therein; Thence N ro" 51'48" W along the Wert line of the said Southeast quarter of the Northwest quarter of Section 29, a distance of 180.00 feet; Thence N 89' 31'42' E, a distance of 60.00 feet to the POINT OF BEGINNING, laid pomt Deng on the Ent right-of-way for Youngfield Street; Theme N 89' 31' 42" E, a distance of 289.91 feet to a point on the Westerly boundary of Lot 1, Applewood Village Shopping Center Subd—ri recorded at Reception No. F0193712 in the office of the Clark and Recorder for Jefferson County, Theme S 00' S1' 48' E along said West line, is distance of 12100 feet to a Pont on the North rghtoFway for W. 32nd Ave.; Thence the following two courts along laid North right-of-way; 5 89' 31' 42 a distance of 250.68 feet to It point of tangent curvature. Along the arc of a 39.50 foot radius curve to the right through an angk of 89' 36'53', an arc distance o1 61.78 Het having • chord that bears N45* 39' 51' W. a distance of 55.67 feet to a point on the .,it East ightof-way for Younglield Street; Thence N 00' St' 48" W along laid rghtof-way, a distance of 81.76 feet to the POINT O BEGINNING; County of Jefferson, State of Colorado SURVEYOR'S NOTES: 1. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFER IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFER IN THIS SURVEY BE 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 STEWART TITLE GUARANTY COMP ANY FILE NO. 960875 -REVISION 40. 1. EFFECTIVE DATE OF MARCH 31, 2014 AT 5'.30 P.M. 3 BASIS Of BEARINGS. NDD'5l'4S"W BEING THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 29, 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 D8059CO194 E, WITH AN EFFECTIVE DATE OF JUNE 17, 2003, THE ENTIRE PROPERTY UES ENTMEEY WITHIN THE FOLLOWING ZONE DESIGNATION: ZONEX AREAS DETERMINED TO BE OUTSIDE THEO 2% ANNUAL CHANCE FLOODPLAIN. 5. ZONING: THE SUBJECT PROPERTY IS ZONED C-1, COMMERCl/LL-1. MAX HEIGHT: 50' SETBACKS. FROM: 50' - YOUNGFIE LD FRONT: 30' - 32ND PROVIDED BUILDING NOT HIGHER THAN 35' SIDE: 5 P RSTORY E REAR: 10' PLUS S' PER EACH ADDITIONAL STORY 6 UNIT OF MEASURE: U.S. SURVEY FOO 7. OBSERVED PARKING SPACES. 1,812 TOTAL SPACES, OF WHICH 63 ARE HANDICAP ACCESSIBLE. 8 THE UTILITIES SHOWN HEREON WERE LOCATED FROM SURFACE EVIDENCE AND PLANT MARKINGS PROVIDED BY SAFE SITE, INC.. FOP EXACT LOCATIONS O ALL UNDERGROUND UTILITIES, POTHOLING IS RECOMMENDED. THE SURVEYOR HAS NOT PHYSICALLY OR ACTUALLY LOCATED ANY UNDERGROUND UTILITIES, 9. THE SUBJECT PROPERTY CONTAINS 1,535,153 SQUARE FEET OR 35.242 ACRES, MORE OR LESS 10 THERE WAS NO OBSERVED EVIDENCE OF CURRENT EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS. 11. THE SECOND PROPERTY DESCRIBED WITHIN PARCEL E UES WITHIN THE RIGHT-OF-WAY FOR YOUNGFIELD STREET. IT HAS BEEN GRAPHICALLY SHOWN HEREON HOWEVER NOT DIMENSIONED NOR INCLUDED IN THE OVERALL AREA CALCULATION SHOWN ABOVE IN NOTE 019. IT IS THE SURVEYOR'S OPINION THIS PROPERTY NO LONGER IS PRIVATELY OWNED AND IS IN FACT PUBLIC RIGHT-OF-WAY. CERTIFICATION: TO: REGENCY CENTERS ACQUISITION, LLC, A FLORIDA LIMITED LIABILITY COMPANY; US. RETAIL PARTNE R5. LLC, A OELAWARE LIMITED LIABILITY COMPANY; SHOWME MOUNTAIN INVESTORS, LLC, A MISSOURI LIMITED LIABILITY COMPANY, WELLS FARGO BANK, NATIONAL ASSOCIATION, ACO, INC., A COLORADO CORPORATION; STEWART TITLE GUARANTY COMPANY; AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IS IS BASED WERE MADE IN ACCORDANCE WITH THE 2011 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND HSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(b(, 7(a(, 7(b)"L 8, 9, 11(b), 16 and 21 OF TABLE A THEREOF THE FIELD WORK WAS COMPLETED ON FEBRUARY 13, 2014 CAMERON M. WATSON, PES 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 rwatson@pnt-11c.com I a ew � • SITE VICINITY MAP NOT TO SCALE SHEET INDEX: SHEET 1: COVER SHEET 2: MAP SHEET 3: TOPO OWNERSHIP U.S. RETAIL PARTNERS. LLC PARCELS A, B, G. H. J & I, SHOWME MOUNTAIN INVESTORS, LLC PARCELS C & D WELLS FARGO RANK, N PARCELS E & F ACO, INC PARCELI W� =fibMHz Uj O LUw U o �O O LU 7—() U CL CL U aQ 03 0 1 f`7 V) O Z m O K O U n_ O o3.r N ALTA/ACSM LAND TITLE SURVEY APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO B2 EXCEPTIONS: 0 9. DITCH AND DITCH RIGHTS AS EVIDENCED BY QUIF-CLAIM DEED RECORDED MAY 10, 18801N BOOK 9 AT PAGE 268. [CENTER UNE OF DITCH'S PRESENT LOCATION PLOTTED AND SHOWN HEREON] Oo 30. RIGHT -OF -WAV AGREEMENT, WITH THE CITY ANO COUNTY OF DENVER, RECORDED MARCH 20. 1936, IN BOOK 379 AT PAGE 68. IPLOTTED AND SHOWN HEREON] 0 11. RIGHT OF WAY AGREEMENT TO THE CITY AND COUNTY OF DENVER ACTING BY THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS RECORDED MARCH 26, 1951, IN BOOK 712 AT PAGE 339. ]PLOTTED AND SHOWN HEREON) 17 12 RESERVATION OF EASEMENT CONTAINED IN DEED RECORDED MARCH 22, 1956, IN BOOK 985 AT PAGE 343 [PLOTTED AND SHOWN HEREON] 13. DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS ON BLOCK I, 2 AND 4 IN APPLE WOOD VILLAGE, COUNTY OF JEFFERSON, STATE OF COLORADO RECORDED JUNE 18, 19591N BOOK 1201 AT PAGE 323. [BLANKET IN NATURE - NO CONDITIONS PLOTTABLE; AFFECTS ALL OF PARCELS F, H 6 1] 014 EASE MEFEES, NOTES, COVENANTS, RESTRICTIONS AND RIGHTS-OF-WAY AS SHOWN ON THE PLAT OF APPLE WOOD VILLAGE, RECORDED JUNE 22, 1959 AT RECEPTION NO. 763416 PLAT BOOK 19 AT PAGE 63. (PLOTABLE EASEMENT SHOWN HEREON) NOTE: CERTIFIED COPY OF RESOLUTION RECORDED MARCH 12, 1968 RE BOOK 2003 AT PAGE 554. NOTE: QUITCLAIM DEED RECORDED SEPTEMBER 27, 19681N BOOK 2051 AT PAGE 221. U 15. EASEMENT GRANT( D TO THE MOUNTAIN STATES TELL PHONE AND TELEGRAPH COMPANY BY INSTRUMENT RECORDED JANUARY 29. 1960 IN BOOK 1250 AT PAGE 382. [PLOTTED AND SHOWN HEREON) Q 16 EASEMENT GRANTED TO THE MOUNTAIN STATES TE LE PHONE ANDTEIfGRAPHCOMPANY BY INSTRUMENT RECORDED JANUARY29. 1960 Of BOOK 1250 AT PAGE 384. (PLOTTED AND SHOWN HEREON) (317 EASEMENT, GRANTED TO NORTHWEST LAKEWOOD SANITATION DISTRICT, RECORDED AUGUST 23, 1960, IN BOOK 1297 AT PAGE 351 [PLOTTED AND SHOWN HEREON) 0 18. EASEMENT, GRANTED TO NORTHWEST LAKEWOOD SANITATION DISTRICT, RECORDED AUGUST 23, 1%0, IN BOOK 1297 AT PAGE 355. (PLOTTED AND SHOWN HEREON) 19. RESERVATION OF OIL, GAS, ANDOTHER MINERALS CONTAINED IN WARRANTY DEED RECORDED SEPTEMBER 24,1%2 IN BOOK 1524 AT PAGE 64. ]BLANKET IN NATURE NO CONDITIONS PLOTTABLE; AFFECTS ALL OF PARCEL J] 0 20 EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED OCTOBER 30, 1%3, IN BOOK 1652 AT PAGE 38 IPLOTTED AND SHOWN HEREON] © 21 EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED MARCH 17, 1964, IN BOOK 1690 AT PAGE SW IPLOTTED AND SHOWN HEREON) is 22. EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED DECEMBER 31. 1964, IN BOOK 1768 AT PAGE 164. [PLOTTED AND SHOWN HEREON) 23. EASEMENTS CONTAINED IN WARRANTY DEED RECORDED FEBRUARY 19, 1965 IN BOOK 1778 AT PAGE 278. [PLOTTED AND SHOWN HEREONI Q 24. SANITARY SEWER EASEMENT, GRANTED TO WESTRIDGE SANITATION DISTRICT, RECORDED NOVEMBER 5, 1965, IN BOOK 1832 AT PAGE 558. (PLOTTED AND SHOWN HEREON] ®5 2S. EASEMENT, GRANTED TO PUBUC SERVICE COMPANY OF COLORADO, RECORDED JUNE 8, 1966, IN BOOK 1877 AT PAGE 157. [PLOTTED AND SHOWN HEREON] ® 26. RESERVATION OF EASEMENTS CONTAINED IN RESOLUTION RECORDED JANUARY 9, 1967, IN BOOK 1916 AT PAGE 458 (PLOTTED AND SHOWN HEREON) © 27. GENERAL PUBLIC UTILITIES EASEMENT RECORDED FEBRUARY 26, 19681N BOOK 1999 AT PAGE 786 (PLOTTED AND SHOWN HEREON] ]Os 28 DRAWING OF SUBJECT PROPERTY SHOWING CONCRETE IRRIGATION CONDUITS CROSSING SUBJECT PROPERTY, ATTACHED TO AGREEMENT RECORDED JUNE 24, 1971 IN BOOK 2272 AT PAGE 148. ]PRESENT LOCATION OF IRRIGATION DITCH PLOTTED AND SHOWN HEREON) 29 ORDER OF CONSOLIDATION, REGARDING WHEAT RIDGE FIRE PROTECTION DISTRICT, RECORDED OCTOBER 7, 1971, IN BOOK 2305, AT PAGE 895 ]BLANKET IN NATURE - NO CONDITIONS PLOTTABLE) 0 30. UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED OC70SER 21, 1971, IN BOOK 2309, AT PAGE 906 (PLOTTED AND SHOWN HEREON] 31. DECLARATION OF COVENANTS AND AGREEMENTS RECORDED JULY 27, 1972 IN BOOK 2403 AT PAGE 294 [BIANKET IN NATURE - NO CONDITIONS PLOTfABLEI 0 32, RIGHT-OF-WAY AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED OCTOBER 31, 1972, IN BOOK 2440, AT PAGE 840. (PLOTTED AND SHOWN HEREON) OO 33. RIGHT-OF-WAY EASEMENT, GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED NOVEMBER 14,1972, IN BOOK 2449, AT PAGE 154. (PLOTTED AND SHOWN HEREONI B2 EXCEPTIONS: 0 34. UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY Of COLORADO, RECORDED DECEMBER 1. 1972, IN BOOK 2451, AT PAGE 672. (PLOTTED AND SHOWN HEREON] O5 35 UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED DECEMBER 19, 1972, IN BOOK 2459, AT PAGE $62. (PLOTTED AND SHOWN HEREON] 36 COVENANTS AND RESTRICTIONS RESPECTING UNIFIED OWNERSHIP OF PROPERTY RECORDED MAY 12.197s, IN BOOK 1726, AT PAGE 30D. ]BLANKET IN NATURE - NO CONDITIONS PLOTTABLE; AFFECTS ALL Of PARCELS A AND GI 0 37. UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED JULY 3, 1975, IN BOOK 2745 AT PAGE 737, IPLOTTEDAND SHOWN HEREON) ® 38 RIGHT-OF-WAYAGREEMENT GRANTEDTOTHE MOUNTAIN STATESTELEPHONE ANDTEUGRAPHCOMPANT, ACOLORADO CORPORATION RECORDED OCTOBER 1, 19751N BOOK 2775 ATPAGE 119 IPLOTTED AND SHOWN HEREON] 0 39. LEASE TO THE RANK OF APPLEWOOD, DISCLOSED BY NOTICE OF GROUND LEASE, RECORDED AUGUST 27, 1976, IN BOOK 2895 AT PAGE 308. [PLOTTED AND SHOWN HEREON) 40. APPLEWOOD VILLAGE DEVELOPMENT PLAN AGREEMENT RECORDED AUGUST 30, 1976, IN BOOK 2896 AT PAGE 160 ]BLANKET IN NATURE - NO CONDITIONS PLOTTABLE) 0 41, UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, R(CORDED SEPTEMBER 17, 1976, IN BOOK 2904 AT PAGE 162. 42. COVENANTS AND RESTRICTIONS RESPECTING UNIFIED OWNERSHIP OF PROPERTY RECORDED NOVEMBER 12, 19761N BOOK 2926 AT PAGE 630. [BLANKET IN NATURE NO CONDITIONS PLOTTABLE] 43. OFFICIAL DEVELOPMENT PLAN FOR APPLEWOOD VILIAGE SHOPPING CENTER RECORDED AUGUST 19, 1977, AT RECEPTION NO. 909490, AND RECORDED DECEMBER 26, 1977, AT RECEPTION NO. 949552. NOTE: APPLEWOOD VILLAGE SHOPPING CENTER -PLANNED COMMERCIAL DEVELOPMENT - AMENDED FINAL PLAN, RECORDED NOVEMBER 18, 1982, AT RECEPTION NO. 82081092. NOTE: APPLEWOOD VILLAGE SHOPPING CENTER -PLANNED COMMERCIAL DEVELOPMENT - AMENDED FINAL PLAN RECORDED OCTOBER 22, 1924, AT RECEPTION NO. 84099038. NOTE: APPLEWOOD VILLAGE SHOPPING CENTER PLANNED COMMERCIAL DEVELOPMENT AMENDED FINAL PLAN RECORDED SEMMSER 11, 1986, AT RECEPTION NO. 86108656, NOTE: APPLEWOOD VILLAGE SHOPPING CENTER- PLANNED COMMERCIAL DEVELOPMENT AMENDED FINAL PLAN - OFFICIAL DEVELOPMENT PLAN, AMENDMENT RS, PHASE 1, RECORDED SEPTEMBER 2, 1994, AT RECEPTION NO 94145758. NOTE: APPLE WOOD VILLAGE SHOPPING CENTER- PLANNED COMMERCIAL DEVELOPMENT AMENDED FINAL PLAN - OFFICIAL DEVELOPMENT PLAN, AMENDMENT RIS, RECORDED SEPTEMBER 22, 1995, AT RECEPTION NO. F0119560. NOTE: APPLEWOOD VILLAGE SHOPPING CENTER- PLANNED COMMERCIAL DEVELOPMENT - AMENDED FINAL PLAN, RECORDED FEBRUARY 14, 2005, AT RECEPTION NO. F2172791, NOTE: APPLEWOOD VILLAGE SHOPPING CENTER - PLANNED COMMERCIAL DEVELOPMENT FINAL DEVELOPMENT PLAN - AMENDMENT R8, RECORDED DECEMBER 30, 2010 AT RECEPTION NO. 2010119958. ]BLANKET IN NATURE NO CONDITIONS PLOTTABLE] 0 44, UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY Of COLORADO, RECORDED MAY 31, 1978 AT RECEPTION NO 78048312. (PLOTTED AND SHOWN HEREON) 0 45. UTILITY EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, RECORDED OCTOBER 2S, 1978 AT RECEPTION NO. 78098329. [PLOTTED AND SHOWN HEREON) 46, INDENTURE, WITH NORTHWEST LAKEWOOD SANITATION DISTRICT, RECORDED OCTOBER 7, 1985 AT RECEPTION NO 850%474. [PLOTTED AND SHOWN HEREON) 0 47 PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT RECORDED JUNE 13, 1986 AT RECEPTION NO 86064188 ]POTTED AND SHOWN HEREON] � 48 PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT RECORDED )UNE 13, 1986 AT RECEPTION NO 66064191 (PLOTTED AND SHOWN HEREON] U 49 PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT RECORDED JULY 12, 1986 AT RF CI PTION NO. 85982220 (PLOTTED AND SHOWN HEREON] 50 PUBLIC SERVICE COMPANY Of COLORADO UTILITY EASEMENT RECORDED JUNE 13, 1988 AT RECEPTION NO. 86064191 ISAME AS EXCEPTION 48 ABOVE) 51 LEASE TO WAL-MART STORES, INC., DISCLOSED BY SHORT FORM LEASE RECORDED NOVEMBER 18, 1987 AT RECEPTION NO 87140164. ]NO CONDITIONS PLOTTABLEI 52 LEASE TO DILLON COMPANIES, INC., DIB/A KING SOOPERS, DISCLOSED BY MEMORANDUM OF LEASE AGREEMENT RELOADED OCTOBER 19, 1988 AT RECEPTION NO. 88102321 INO CONDITIONS PLOTTABLEI 53 LEASE TO CHILI'S, INC., DISCLOSED BY MEMORANDUM OF LEASE, RECORDED APRIL 17, 1989 AT RECEPTION NO. 89032473 [NO CONDITIONS PLOTTABLE) 54 PERMANENT EASEMENT, GRANTED TO THE CITY OF WHEAT RIDGE. RECORDED JULY 19, 1989 AT RECEPTION NO. 89061577. [EASEMENT CONSUMED BY GRANT OF R*W-OFWAYAT RECEPTION NO. 20OW31587 NOCONDITIONSPLOTTABLE] SS PERMANENT EASEMENT, GRANTED TO THE CITY OF WHEAT RIDGE, RECORDED JULY 19, 1989 AT RECEPTION NO 89061578. ]EASEMENT CONSUMED BY GRANT Of RIGHT-OF-WAY AT RECEPTION NO. 2008031587 NO CONDITIONS PLOTTABLE] V 56 PERMANENT EASEMENT, GRANTEDTOTHE CITY OF WHEAT RIDGE, RECORDED NOVEMBER 29, 1989 AT RECEPTION NO. 89101624 [PLOTTED AND SHOWN HEREON] B2 EXCEPTIONS: 57 MEMORANDUM OF LEASE RECORDED DECEMBER 26, 1989 AT RECEPTION NO. $9111291. INO CONDITIONS PLOTTABLE] Q 58 RIGHT Of WAY AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED FEBRUARY 27, 1990 AT RECEPTION NO. 90016474. [PLOTTED AND SHOWN HEREON] 0 59. RIGHT OF WAY AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED FEBRUARY 17, 1990, AT RECEPTION NO 90016475. [PLOTTED AND SHOWN HEREON] 60. RIGHT OF WAY AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED FEBRUARY 27, 1990, AT RECEPTION NO. 90016476. (EASEMENT CONSUMED BY GRANT OF RIGHT-OF-WAY AT RECEPTION NO. 2008031587 - NO CONDITIONS PLOTTABLE) 61. CONSTRUCTION AGREEMENT, WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED FEBRUARY 27,19W, AT RECEPTION NO. 90016477. (BLANKET IN NATURE - NO CONDITIONS PLOTTAKE; AFFECTS ALL OF PARCEL BI 0 62 PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT RECORDED MARCH 14, 1990, AT RECEPTION NO. 90020%2. 63. FIRE LINE AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED APRIL 23, 1990, AT RECEPTION NO. 90032752. ]BLANKET IN NATURE - NO CONDITIONS PLOTTABLE; AFFECTS ALL OF PARCEL B] 0 64. PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT RECORDED FEBRUARY 5, 1991, AT RECEPTION NO. 91010272 ]PLOTTED AND SHOWN HEREON] 65 CITY OF WHEAT RIDGE, COLORADO HORIZONTAL AND VERTICAL CONTROL BASE MAP RECORDED FEBRUARY LI, 1992 AT RECEPTION NO. 92015075. ISLANKET IN NATURE - NO CONDITIONS PLOTTABLE] 66. FIRE LINE AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED SEPTEMBER 18, 1992, AT RECEPTION NO 92116833. (BLANKET IN NATURE - NO CONDITIONS PLOTTABLE; AFFECTS ALL OF PARCEL B) 67. MEMORANDUM OF LEASE RECORDED AUGUST 9, 1993 AT RECEPTION NO. 93119764. IND CONDITIONS PLOTTABLE) 68. ALTA/ACSM LAND TITLE SURVEY RECORDED OCTOBER 27, 1993 AT RECEPTION NO. 93174464. (REFERS TO A PRIOR SURVEY OF PARCELS C $ D PREPARED BY OTHERS) 0 69 EASEMENT AGREEMENT WITH THE CITY AND COUNTY OF DENVER, RECORDED NOVEMBER 10, 1993, AT RECEPTION NO. 93186124 (PLOTTED AND SHOWN HEREON) 70 FIRE LINE AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED AUGUST 30, 1995, AT RECEPTION NO FO1OW78 [BLANKET IN NATURE NOCONDITIONS PLOTTABLE] 71 FIRE LINE AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED AUGUST 30, 1995, AT RECEPTION NO. F0108079 [BLANKET IN NATURE - NO CONDITIONS PLOTTABLE) 0 72. EASEMENT AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED FEBRUARY 8, 19%, AT RECEPTION NO. F0193243. ]PLOTTED AND SHOWN HEREON] 73 CONSTRUCTION AGREEMENT, WITH CONSOLIDATED MUTUAL WATER COMPANY, RECORDED MARCH 1. 19%, AT RECEPTION NO F0193344. [BLANKET IN NATURE - NO CONDITIONS PLOTTAKE; AFFECTS ALL OF PARCEL 61 0 74. EASEMENTS, NOTES, COVENANTS, RESTRICTIONS AND RIGHTS-OF-WAY AS SET FORTH ON THE PLAT OF APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION, RECORDED MARCH 1, 1996, AT RECEPTION NO. F0193712. IPLOTTED AND SHOWN HEREON) 75. TERMS,PROVISIONS, CONDITIONS AND OBLIGATIONS OF RECIPROCAL EASEMENT AND UNIFIED CONTROL AGREEMENT RECORDED MARCH 1, 19%, AT RECEPTION NO. F0193714. ]BLANKET IN NATURE NO CONDITIONS PLOTTABLE] U 76 PUBUC SERVICE COMPANY OF COLORADO EASEMENT RECORDED FEBRUARY 6, 2009 AT RECEPTION NO. 2009010920. ]PLOTTED AND SHOWN HEREON) 77 MEMORANDUM Of LEASE RECORDED JANUARY 14, 2009 AT RECEPTION NO. 2009003153. ]NO CONDITIONS PLOTTABLE] 78 MEMORANDUM OF LEASE BY AND BETWEEN U S RETAIL PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, LANDLORD AND WELLS FARGO BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, TENANT, RECORDED FEBRUARY 28, 2011 AT RECEPTION NO. 2011021254 [NO CONDITIONS PLOTTABLE) 79 NOTICE OF PERPETUAL STATUTORY LIEN OF NORTHWEST LAKEWOOD SANITATION DISTRICT, IN THE AMOUNT OF $1,380.00, RECORDED AUGUST 12, 2011, RECEPTION NO 2011073711 ]NO CONDITIONS PLOTTABLE] ®80 UCENSE AGREEMENT RECORDED NOVEMBER 29, 2012 AT RECEPTION NO. 201212$282. [PLOTTED AND SHOWN HEREON] 81. NOTICE Of LIEN RECORDED OCTOBER 31, 2013 AT RECEPTION NO. 2013130331 (NO CONDITIONS PLOTTABLE) 82, EXISTING LEASES ANOTENANCIES [NO CONDITIONS PLOTTABLE] 0 83. EASEMENT AS RESERVED IN DEED RECORDED NOVEMBER 4, 1966 IN BOOK 1906 AT PAGE 652 (PLOTTED AND SHOWN HEREON] V c :rz c� • �1V1� c QL (1 w 0 Z � oc _ry E (� wM V °O�Z oy� wU w d � (JCZty N "CT's Z Q' V �^ ZO Z a � VIXtHusHou Y Lu j 0 wg W OO �O Vo Lu z U a— a— CL CL 47 <Q O� Q Q T O 164 M 0 O z yF W U W Know what's below. Call before you dig. ALTA/ACSM LAND TITLE SURVEY APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF _JEFFERSON, STATE OF COLORADO I a 1C 1,FOUND /9' DM. ALUMINUM CAP IN a ` „ RANG3-1 E BOXDAM., WITH REFERENCE TIES, STAMPED AS SHOWN (ACCEPTEDAS Nw 1/16 CORNER SEC 29, T. 3 S., R 69W) <-.1 u �.2 70 35 0 70 SCALE 1' • 70' FOUND 2-1/2' DIAM. ALLOY CAPRE MNGE BOR, WITH REFERENCE TIES, STAMPEDAS n� � Silo WIN SEC 29,7. 3 S., A. 69 W.) R' I� I Z,.b I FOUND 3-1/4' DIAM. ALUMINUM CAP RE RANGE BOX, WITH REFERENCE TIES, STAMPED AS SHOWN (ACCEPTED AS CW 1/16 CORNER SEC 29, T. 3 S. R.69 W.) I I I I I U J :i - Z �I cls ;RUN _c O CIL O z� K _ry E W W $� 0 Zc: °oO,�,yy WPI � W U�7S c Qi L�tZN Q —Wt N'O C9a1 grin =U Z O j Z m a Q �u Wp U $<W� Egu;gsfiv W r W O W O w U C O J O Zo v� w o' �Q03CIO a = V) O Z m O w w h �d O Cle za z O� O & < 00 1, w" G Q � LU S ALTA/ACSM LAND TITLE SURVEY APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO b 20 0 scw 1'. 40' V J J , env • %1V1� _C �O o 2� & ry E u X00 zc: X00 4 z �wuw � a t� c Z_ — <N0 zQ' u io <z a flfLu w >0 Z0 w0 w� JO Uo t o �� ZW _o U C < CL 0- < < 0 -<<O 0 z Go O T-41 i I I I I I I i I I ! I I ALTA/ACSM LAND TITLE SURVEY APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO V vi c • �V� c 0 $� V Z� �ooy� Zu' ocwU� wQi C9t2 �`n�^ ZQ! z U? z O' jZ a Q yOs �TiO W z d�acS�u���o Uf w ui Z� Jp w� O U o a �J Zo v� C� Q CL CL w r -Q p < _ V) O z O d ALTA/ACSM LAND TITLE SURVEY APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO 57 z w m o 40 SCALE E' • 40' V J J c �1 cls • %1V1� c CL W Z� �o Zz °Wo�y Wu� z O ZUZ Z 0 a Z it w �O wo w t O J H 0 0 3 z _o :EJ _ U//�— CL � Q LL CL W P aQ 03 < _ M O Z coO 'm .51 ALTA/ACSM LAND TITLE SURVEY U `' APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN � CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO y �� • ID Descnpnon Rim/Grate Elevation h4easure Down Die ion Pipe Inver[ Pipe Site Notes $01 SSW 5180.88 -10.30 5 5470.6 �U� 001 SDM1 5473.25 -10.15 E5463.1 547125 -9.90 W 5463464 .4 f'� 5473.25 -9.15 5 5.1 • � 101 INLET 5472.83 -7.90 N 5464.9 S02 SSW 5474.20 -11.35 E 54629 O 547420 -1110 N5463.1 5474.2 1L25 W 5463.0 D02 $DML 5684.75 -9.80 E 5475.0 AERIAL LEGEND 0 Z % 549475 _9.40 W 5475.1 N ~ N 503 SS MI 5192.99 -255 E 54824 V � W C7 W W Z O 003 $OM1 5500.71 -6.55 W S494.2 iNDfi coNlou. ..usN Z t 5500.74 -650 N 5494.2 ARr.oxiRurt NIXx "- IXCiwws lett Q O Q U > U 5500.74 -6.75 E 5494.0 W U t Z N D04 SDM1 5.50159 -6.30 $ 5495.3 iNDfx IXrussioN � coNR !Rous r.11 d o a ai501.59 -6.05 N 54956 AYMOi INaxIXMEt510N a rNUTO (ON1Ra Ivx71 ✓Zai 3 Z V Z 102 INLET 55M66 -4.35 N&5 54963 approxlmate-mveredw4th IPS ; 103 INLET 550311 -2.75 N&S 55004 approximate -covered with IPS N tF.Mtoulf corlran rCONE� Z J 104 INLET 5507.15 -3.85 W 5503.3 aDf•RO3 TINIEIIMf DiaiF • j 1•oE! ^ aJ 5507.15 5507.15 �.m -4.00 N S 550.1.2 5503.2 iMn.MtINAIf IXRRe ssioN I.ANSMlssioN rowta 105 GRATE SSM40 -4.30 NW 5501.1 18"HDPE water qualitystrcture w/mIthaor plate ur.ox iNnRMe IXAn IXiNussvN ♦ EGNi rat 550840 -4.65 SE 5503.8 18-HDPEwaterquah[y$Mum w/restnoor plate ♦1'OD lI�7 106 INLET 550888 -3.93 5 5505.0 111' HDPE(DGla rAvtMf Nt holdingwater • rMl/NRf '+'af 55M88 -3.93 N 5505.0 12' HDPE holdingwater - - dill ROAo •• s.:N 107 INLET 5509.19 -1.30 S 5501.9 24• Dlled with water t' 5509.19 3.% E 5505.2 24' --------- Ktr/Fmstun filled with water IIIU HRDMMI-�Y! 108 INLET 5510.17 1.00 5 55062 apPm.imate covered with IPS - CW iN[ O MANIaf- DOS SDM/ 5511.00 3.45 N & E 5507.6 109 INLET 550434 -275 W 5506.6 38' GUTrFR ICON(A[TE [ocFl N .1w COVER 110 GRATE 5509:3 -4.75 W 5503.7 24" EDGL a c, -TE ! muIK ti.NAl -_ � U 550643 -4.15 N 5504.3 1117 n q r 501 SSW 5509.62 -12.90 W 5496.7 12' -_ .LARD RMI ® 1R.K.-SWAE. SiGriA1 5509.62 -1370 E 54%.9 li' 4- c Nun eox O V Z < Y O O Z 505 SSW 5509.62 551121 -12.50 N SE 5197.1 5499.9 12' NTRNNG wAu E Mnc osteo J oo W < < 2 -IL30 32' eloca wRu ` i K 2 O Z m O 551121-1110 551121 -11.25 NW W 55000 5500.0 8" 24" MFrIR s06 SSW 5511.23 -1155 NW 5199.7 12' - 5511.13 -11.65 W 5499.6 12' -- STM WALL o - UTIL vRilll/1- 551L23 11.75 E 5199.5 12' DRMA[vIe 507 SSW 5511.31 -10.85 NW&SE MIXES 8' Aeovl wallorselNf 508 SSW 5510.74-9.45 5510.74 -9.45 SE NW 5501.3 5501.3 .RaaoRo ® auttNNc IXC[ > w W 509 SSW 5511.29 -9.35 SE 5501.9 8' 5511.29 -9.30 N 5502.0 Ir wart. ID.E 1-.IDARIA DSC 7 Q � L s10 SSW 5514.12 -12.6 W 5501.2 12' iNTI.MInINr DRAwAGF m sBeD i'1 O w 4' 511 SSW 551102 5514.3111,85 -13.10 -17.6 5 5 5500.9 5502 .5 1' 4" Di1CN NOG -11A 111 C O O 553131 -12.3D E 5502.0 12• GRWNOOexURF AREA O r ./sacs U 551131 -1230 W 5502.017 - _- - - - / V Z w S32 SSW 5S168D -19.75 E 0.1 55.1 II' MiuIUANFaneamDARus J w Z U 551680 -13.70 W 5503.1 12 RA-1NI --i O 613 SSW 551/.55 -13.05 w sols u• TaFFiNi U � 0-oc 5514.55 13.30 E 55015 12' � Q 5514.55 5514. SS -633 -1115 S N 550fl2 55014 4' N' = Q Q O S14 SSM4 5514.26 - S&E - 24' Could not open MAP LEGEND 3 Q 0 111 INLET S5214 L50 N 5511.6 12' ch 112 INLET 5513.18 -L50 S 5511.7 12" n.I Nro.ANT eCUNOARSENF N 5513.18 -1.55 W 5511.6 12" O Z 113 INLET 55M 73 2.75 N 5501.0 15' WATER V1 APtACT NIa -in, INt m 111 INLET 550657- W - IS' pipe mnneRs a[avertlol angle xCiNN INLET 55OL81 6.25 N & 5 $495.6 15" � $ANIIART IUMN(NE LIN[ IS 55M1 5499.13 -30.6 W 5668.6 6' !� CFxEe wuT rAs M[Nt inx W 5499.43 -10.90 F 5488.5 6' -i... uxaRcaaNnt4fC1RK INF Q 115 INLET549fl00 -650 N & S 5491.5 :/' SIOIIM MaNNaF 16 INLET 5496.09fi.DO S&NW5190.1 24' -•'•-•`r-•+- M ENE 137 INLET 5495.02 -5.25 SE&N 5489.8 %' o WNr ra[ D06 sow 5495.08 -6.10 S 5489.0 .236' l ( swx-1'"-r-r_ sAraTARV INt 5495.08 -655 W 5468.9 48' "..'an 5195.08 -/.2 E 5490.9 I6' RON.T' EEMM. SII as N RRA.IN.IO -M-�-�- wueR ENE Z 138 INLET 5497.69 .5.OD SW 5492.7 12" nAslKwslAMno-roalt O 119 INLET 549673 -6.00 NE&W 5491.7 LS a.111•I[x(E PT Rs sNOWMI-rnt-rq-rq- ENf.OPTK ONI 12 INLET 5497.50 -5.15 F 54924 ucrioN CORNIR T-1-1.1 Z < D07 SDW 549791 -8.15 N 5689.8 48" U 5497.92 -A ID 5 5469.8 36' �- a 549792 -7.2 SE 5490.7 24" d < 5197.92 -650 W 5491.4 24' J 121 INLET 5499.18 7.35 N&S 5491.8 36" H W U 122 INLET 5503.03 -fl2 N 5496.8 36' O 5501.0'3 .8 20 5 5494.8 24" 123 INLET 5506.68 -600 N 5500.7 24" 516 SSW 5501.52 .11 .60 5 5492.9 8" 5504.52 IL75 N5492.8 8' 517 SSM4 5497.58 -9.6 5 5497.7 it 5497.56 9.95 E 5467.6 8' ` n W � to Q o W 8480 East Orchard Road P 303 300 5300 Suite 6900 F 303 691 6905 Greenwood Village, CO 80111 Regency Centers. corn Regency Centers, September 12, 2014 Written request and description of proposal: Regency Centers is the applicant for the proposed Applewood Village Shopping Center ODP Amendment #g. The intent of the proposed Amendment is for Regency to consolidate our land holdings at Applewood Village Shopping Center into a single unified zone district, Planned Commercial Development (PCD). The bulk of Applewood Village Shopping Center is currently zoned PCD. This rezoning will change a C-1 zoned area at the southwest corner of the property and an R -C and N -C area at the southeast corner of the property to PCD like the remainder of the Shopping Center. The proposed rezoning is necessary to prepare for improvements to a few parcels at the southeast corner of the shopping center which currently house the vacant Old Chicago restaurant, the small building with the haircutter and gun shop, and the two vacant lots south of these buildings adjacent to 32nd Avenue. The rezoning is the first step in allowing Regency Centers to commence the demolition of these vacant buildings which have become an eyesore. Upon completion of the demolition we plan to construct a regional storm water detention and water quality facility and a fuel center associated with King Soopers. Zone Change Review Criteria from Section 26-303.1) of the Municipal Code: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. - The proposed change of zone is a consolidation of the Applewood Village Shopping Center into a single unified zone district, Planned Commercial Development (PCD). This consolidation will also allow the approved PCD uses in the southeast and southwest corner or the property. Applewood Village is a vibrant regional retail center designed to serve its patrons with an array of products and services. Including the southeast corner in the same zone district does not adversely affect the surrounding area. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. - Consolidating the southeast and southwest property into the PCD zone district is the correct entitlement approach for the City and the owner. This approach cleans up a confusing zoning diagram for the entire shopping center which will create consistency and eliminate management confusion. To allow the proposed fuel center by a different entitlement method would require variances and waivers if it is even possible by that approach. 3. 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. - Currently buildings exist on the property where new development is proposed therefore adequate infrastructure and utilities already serve the property to allow this change of zone. If it is determined additional improvements are required for the new development to function we will work with the City on the design and implementation of those improvements. For example we are proposing to construct a detention and water quality facility which currently does not exist. This addition will improve current storm water runoff conditions. 4. 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 city - approved policies or plans for the area. Regency has recently acquired or is in the process of acquiring different properties within the Applewood Village Shopping Center. Therefore Regency is consolidating our land ownership into one unified development and zone district. It is an objective of the City to create more attractive, connected and economically viable developments within the City, consolidation of this property allows for this to occur. Additionally it is our goal as well as the cities to create a comprehensive sign program which will be possible when the property is consolidated. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. 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. There are existing buildings on the property that are currently underutilized, vacant, dilapidated or in disrepair. The proposed rezoning allows Regency to clean-up these buildings. This is already evidenced by the razing of the old gas station and shop building at the northeast corner of 32nd and Youngfield. 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 rezoning of the southeast corner of the property will allow for a fueling station. A fueling station previously existed elsewhere on the property so we are reintroducing a community need which will have better access and will be more appealing to today's customer. City of uRWh6at�idge OMMUNITY DEVELOPMENT City of wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to cornplete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. Regency Centers, L. P. the I Will Damrath VP, Regional Officer ' of/with Managing member of US Retail (Print name) (POSltlon/Job Title (Entity applying for permit/approvai) Partners (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for Outline Development Plan Planned Commercial Development Rezoning (Describe type of application) Set for public hearing on November 6 2011 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. 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 2 7thday of October 2014, By: 1 Will Damrath Vice President "ULU. iNovemDer 13, zui3 -- File Number: 960842 -1st Revision Buyer: U.S. Retail Partners, LLC Seller: Wells Fargo Bank NA Property Address: 3298 Youngfield Street, Wheat Ridge CO 80033 DISTRIBUTION LIST: Ronn Mack Wells Fargo Bank, N.A. 5601 S. Broadway, Suite 400 Littleton, CO 80121 Keirsin K. Beck, Esq. Packard Dierking 2595 Canyon Boulevard, Suite 200 Boulder, CO 80302 PH: 303-447-0450 kbeckaa.packarddierking com Point Consulting, LLC Attn: Cameron M. Watson PLS cwatson(w',pnt-Ilc.com ATTACHED PLEASE FIND THE FOLLOWING: Title Commitment -151 Revision Tax Information Report Documents Will Damrath Regency Centers, Inc. 8480 E. Orchard Road, Suite 6900 Englewood, CO 80111 PH: 303-300-5332 willdamrathCa regencycenters com Attn: Eric Chekal ericchekal(a-)re encycenters com Scott Tuthill, Esq. Gardere Wynne Sewell, LLP 1601 Elm Street, Suite 3000 Dallas, TX 75201 stuthi l l (&gardere.com THIS REVISION INCLUDES THE FOLLOWING CHANGES: Add Parcel 11 and Additional exceptions for that parcel WHEN MAKING ESCROW INQUHUES, PLEASE CONTACT: WHEN MAKING TITLE INQUIRIES, PLEASE CONTACT: Aniko Coburn aniko.cobumCustewartcom PH: 303-780-4056 / FX: 303-331-9867 Lucia Lenzini Ilenzini astewart.com PH: 303-780-4034 title Denver Division Stewart 55 Madison Street, #400 Denver, CO 80206 PH: 303-331-0333 "ULU. iNovemDer 13, zui3 -- File Number: 960842 -1st Revision Buyer: U.S. Retail Partners, LLC Seller: Wells Fargo Bank NA Property Address: 3298 Youngfield Street, Wheat Ridge CO 80033 DISTRIBUTION LIST: Ronn Mack Wells Fargo Bank, N.A. 5601 S. Broadway, Suite 400 Littleton, CO 80121 Keirsin K. Beck, Esq. Packard Dierking 2595 Canyon Boulevard, Suite 200 Boulder, CO 80302 PH: 303-447-0450 kbeckaa.packarddierking com Point Consulting, LLC Attn: Cameron M. Watson PLS cwatson(w',pnt-Ilc.com ATTACHED PLEASE FIND THE FOLLOWING: Title Commitment -151 Revision Tax Information Report Documents Will Damrath Regency Centers, Inc. 8480 E. Orchard Road, Suite 6900 Englewood, CO 80111 PH: 303-300-5332 willdamrathCa regencycenters com Attn: Eric Chekal ericchekal(a-)re encycenters com Scott Tuthill, Esq. Gardere Wynne Sewell, LLP 1601 Elm Street, Suite 3000 Dallas, TX 75201 stuthi l l (&gardere.com THIS REVISION INCLUDES THE FOLLOWING CHANGES: Add Parcel 11 and Additional exceptions for that parcel WHEN MAKING ESCROW INQUHUES, PLEASE CONTACT: WHEN MAKING TITLE INQUIRIES, PLEASE CONTACT: Aniko Coburn aniko.cobumCustewartcom PH: 303-780-4056 / FX: 303-331-9867 Lucia Lenzini Ilenzini astewart.com PH: 303-780-4034 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by ts�wc*ort title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: —L L, -[u Authorized Countctsigne Stewart Title Denver Division 55 Madison Street, #1400 Denver, CO 80206 PH: 303-331-0333 r� title guaranty company Senior Chairman of & Board '(Chairman of the Boar File Number: 960842-1 st Revision ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 12, 2013, at 5:30 File Number: 960842 -1st Revision PM 2. Policy or Policies To Be Issued: Amount of Insurance: (a) A.L.T.A. Owner's (Extended) $313,000.00 Proposed Insured: U.S. Retail Partners, LLC, a Delaware limited liability company (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Wells Fargo Bank, N.A. which took title as Goldenbank Applewood a Colorado state banking corporation 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 3298 Youngfield Street Wheat Ridge, Colorado 80033 12525 W. 32nd Ave. Wheat Ridge, Colorado 80033 Statement of Charges: These charges are due and payable before a Policy can be issued: Basic Rate 2006 Owner's Policy: $1398.00 Owner's Extended: 60.00 Tax Certificate: 30.00 (Sch. # 109900) Youngfield (SCh. # 109904) W 32°d SCHEDULE A LEGAL DESCRIPTION Parcel I: A tract of land in the SE % of the NW % of Section 29, Township 3 South, Range 69 West of the 6t' Principal Meridian, Jefferson County Colorado, described as follows: Beginning at a point which is 60.00 feet East of the West line of the SE % of the NW % of said Section 29, and 454.32 feet North of the South line of the SE '/ of the NW % of said Section 29; thence North 89°31.2' East a distance of 140.00 feet; thence North 00°51.8' West a distance of 200.00 feet; thence South 89°31.2' West a distance of 140.00 feet; thence South 00°51.8' East a distance of 200.00 feet to the Point of Beginning, and A tract of land in the SE '/ of the NW '/< of Section 29, Township 3 South, Range 69 West of the 6' Principal Meridian, Jefferson County, Colorado, described as follows: Beginning at a point which is 60 feet East of the West line of the SE '/ of the NW % of said Section 29, and 530 feet North of the South line of the SE '/ of the NE % of said Section 29; thence North 00151.8' West a distance of 124.32 feet; thence South 89°31.2' West a distance of 10 feet; thence South 00°51.8' East a distance of 124.32 feet; thence North 89°31.2' East a distance of 10 feet to the Point of Beginning, County of Jefferson, State of Colorado Parcel II: Lots 23 and 24, Except the North 5 feet of said Lots, And Except that part of Lot 23 conveyed to Longs Peak Metropolitan District by Special Warranty Deed recorded April 3, 2008 at Reception No. 2008031587 Block 1, Applewood Village, County of Jefferson State of Colorado. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS File Number: 960842 -1st Revision The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Warranty Deed from Wells Fargo Bank, N.A. which took title as Goldenbank, Applewood, a Colorado state banking corporation, vesting fee simple title in U.S. Retail Partners, LLC, a Delaware limited liability company. NOTE: A Real Property Transfer Declaration is required with each transfer in the State of Colorado. NOTE: Deed must include a notation as to the legal address of the grantee. 4. Receipt by the Company of Commercial Lien Affidavit, executed by Wells Fargo Bank, N.A. NOTE: If the property is currently under construction or new improvements have been made, this commitment is subject to additional requirements. 5. Receipt by the Company of Commercial Lien Affidavit; executed by U.S. Retail Partners, LLC, a Delaware limited liability company. NOTE: If the property is currently under construction or new improvements have been made, this commitment is subject to additional requirements. 6. Receipt by the Company of a satisfactory survey. NOTE: Policy will contain an exception for any adverse matters disclosed. 7. Payment of all taxes and assessments now due and payable. NOTE: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS File Number: 960842 -1st Revision The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. Taxes for the year 2013, and subsequent years; special assessments or charges not certified to the County Treasurer. 9. Drawing of subject property showing concrete irrigation conduits crossing subject property, attached to Agreement recorded June 24, 1971 in Book 2272 at Page 148. (Parcel 0 10. Declaration of Covenants and Agreements recorded July 27, 1972 in Book 2403 at Page 294.(Parcel I) 11. Public Service Company of Colorado Utility Easement recorded June 13, 1986 at Reception No. 86064188. (Parcel 1) 12. Public Service Company of Colorado Utility Easement recorded June 13, 1986 at Reception No. 86064191.(Parcel n 13. Public Service Company of Colorado Utility Easement recorded July 22, 1986 at Reception No. 8 5 982220. (Parcel 1) 14. Declaration of Protective and Restrictive covenants on Block 1, 2 and 4 in Applewood Village, County of Jefferson, State of Colorado recorded June 18, 1959 in Book 1201 at Page 323. (Parcel H) 15. Notes and Easements set forth on the Plat of Applewood Village recorded June 22, 1959 in Plat Book 19 at Page 63. (Parcel 11) 16. Easement granted to The Mountain States Telephone and Telegraph Company by instrument recorded January 29, 1960 in Book 1250 at Page 382. 17. General Public Utilities Easement recorded February 26, 1968 in Book 1999 at Page 786. (Parcel II) 18. Existing leases and tenancies. NOTE: Upon receipt by the Company of the Commercial Lien Affidavit, this exception may be modified or deleted. Exceptions 1 and 4 may be deleted from the policy, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. Exceptions 2 and 3 may be deleted from the policy, provided the Company receives and approves the survey or survey affidavit required herein. Exception 5 will not appear on the policy, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. a sew rt title uaran guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Stewart Title MINERAL DISCLOSURE To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Stewart Title DISCLOSURE The title company, Stewart Title -Denver Division -Commercial Escrow in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. stewart title D Madison Street, Suite 400 Denver, Colorado 80206 Phone: 303-331-0333 Date: April 3, 2014 File Number: 960875 -Revision No. I Property Address: Applewood Village Shopping Center, Wheat Ridge, CO 80033 DISTRIBUTION LIST: Regency Centers Attn: Eric Chekal Email: ericchekalAregencyicenters.com ATTACHED PLEASE FIND THE FOLLOWING: Updated Information Only Title Commitment Point Consulting, LLC Attn: Cameron Watson Email: cwatson(a)pnt-llc.com THIS REVISION INCLUDES THE FOLLOWING CHANGES: Schedule A: Amend Effective Date Amend vesting for Parcels J and K Schedule 13-2: Add Exception 83 WHEN MAKING ESCROW INQUIRIES, PLEASE CONTACT: WHEN MAKING TITLE INQUIRIES, PLEASE CONTACT: Title Only Lynda Rosamond Phone: 303-78013012 Email Address: lnda.rosamond(&stewartcom ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by b�wcoowt title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: "i A AA. D" L. Auth rued ountersignature Stewart Title 55 Madison Street, Suite 400 Denver, Colorado 80206 Phone: 303-331-0333 �-Stewwt title guaranty company Senior Chairman of t e Board LA"A,,_ Chairman of the Board President File Number: 960875 -Revision No. 1 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 31, 2014, at 5:30 PM 2. Policy or Policies To Be Issued: Information Only Title Commitment File Number: 960875 -Revision No. 1 3. The estate or interest in the land described or referred to in this Conunitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: See Attached Vesting 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: Statement of Charges: Applewood Village Shopping Center These charges are due and payable before a Policy can be issued: Wheat Ridge, Colorado 80033 Commercial Rate: To Be Determined Commitment $500.00 Fee**: (Schedule Nos. 422294; 211468; 189701; 109900; 73632;422296;068217;109904;176823;211469; 214039 and 214036) ** Will be applied to premium if policy issued. SCHEDULE A TITLE VESTED IN U.S. Retail Partners, LLC, a Delaware limited liability company, formerly known as BPP Retail LLC, a Delaware limited liability company, as to Parcels A and B; U.S. Retail Partners, LLC, a Delaware limited liability company, as to Parcels G and H; Showme Mountain Investors, LLC, a Missouri limited liability company, as to Parcels C and D; Wells Fargo Bank, National Association, successor by merger and name changes of Goldenbank Annlewood, a Colorado state banking corporation, as to Parcels E and F; ACO, Inc., a Colorado corporation, successor by merger of Metroland, Incorporated, a Colorado corporation, as to Parcel I; U.S. Retail Partners, LLC. a Delaware limited liability company, as to Parcels J and K SCHEDULE A LEGAL DESCRIPTION Parcel A: Lot 1, APPLEWOOD VILLAGE SHOPPING CENTER SUBDIVISION, County of Jefferson, State of Colorado EXCEPT that portion conveyed by Bargain and Sale Deed, recorded October 6, 2008, at Reception No. 2008093175. Parcel B: That part of the Southeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, described as: COMMENCING at the point of intersection of the East right-of-way of Youngfield Street and the South line of the Northwest quarter of Section 29, whence the West quarter corner of said Section bears South 89°31'42" West, 1382.42 feet and the Southwest corner of the Southeast quarter of said Northwest quarter bears South 89°31'42" West 60.00 feet; running thence North 00°51'48" West, parallel with the West line of said Southeast quarter of the Northwest quarter and along the East right-of-way line of Youngfield Street, 180.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said East right-of-way line, North 00°51'48" West, 274.32 feet; thence leaving said East right-of-way line North 89°31'42" East, parallel to the South line of said Northwest quarter, 140.00 feet; thence North 00°51'48" West, parallel with said East right-of-way line, 175.68 feet; thence North 89°31'42" East, 150.00 feet; thence South 00°51'48" East, parallel with said East right-of- way line, 450.00 feet; thence South 89°31'42" West, parallel with the South line of said Northwest quarter, 290.00 feet, more or less, to the TRUE POINT OF BEGINNING, County of Jefferson, State of Colorado PARCEL C: That part of the Northeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the 6`h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: BEGINNING at a point 25 feet North of the South line of the Northeast quarter of the Northwest quarter of said Section 29, and 60 feet East of the West line of the Northeast quarter of the Northwest quarter of said Section 29; thence Easterly parallel to the South line of the Northeast quarter of the Northwest quarter of said Section 29, a distance of 150 feet; thence Northerly parallel to the West line of the Northeast quarter of the Northwest quarter of said Section 29, a distance of 175 feet; thence Westerly parallel to the South line of the Northeast quarter of the Northwest quarter of said Section 29, a distance of 150 feet; thence Southerly parallel to the West line of the Northeast quarter of the Northwest quarter of said Section 29, a distance of 175 feet to the POINT OF BEGINNING, County of Jefferson, State of Colorado PARCEL D: The South 25 feet of the East 150 feet of the West 210 feet of the Northeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the 6`h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado PARCEL E: A tract of land in the SE % of the NW % of Section 29, Township 3 South, Range 69 West of the 6.h Principal Meridian, Jefferson County Colorado, described as follows: BEGINNING at a point which is 60.00 feet East of the West line of the SE % of the NW '/ of said Section 29, and 454.32 feet North of the South line of the SE '/ of the NW % of said Section 29; thence North 89°31.2' East a distance of 140.00 feet; thence North 00°51.8' West a distance of 200.00 feet; thence South 89°31.2' West a distance of 140.00 feet; thence South 00°51.8' East a distance of 200.00 feet to the POINT OF BEGINNING; and, A tract of land in the SE % of the NW % of Section 29, Township 3 South, Range 69 West of the 6-h Principal Meridian, Jefferson County, Colorado, described as follows: BEGINNING at a point which is 60 feet East of the West line of the SE '/ of the NW '/ of said Section 29, and 530 feet North of the South line of the SE '/ of the NE % of said Section 29; thence North 00051.8' West a distance of 124.32 feet; thence South 89031.2' West a distance of 10 feet; thence South 00051.8' East, a distance of 124.32 feet; thence North 89°31.2' East, a distance of 10 feet to the POINT OF BEGINNING, County of Jefferson, State of Colorado PARCEL F: Lots 23 and 24, Block 1, Applewood Village, County of Jefferson, State of Colorado EXCEPT the Northerly 5 feet of said Lots; and EXCEPTING that portion of Lots 23 and 24 conveyed to Longs Peak Metropolitan District by Special Warranty Deed recorded April 3, 2008 at Reception No. 2008031587. PARCEL G: Lot 2, Applewood Village Shopping Center Subdivision, County of Jefferson, State of Colorado PARCEL H: Lots 19 and 20, Block 1, Applewood Villi, County of Jefferson, State of Colorado PARCEL I: The North 5 feet of Lots 23 and 24, Block 1, Applewood Village, County of Jefferson, State of Colorado PARCEL J: A tract or parcel of land No. A300 of the Department of Transportation, State of Colorado, Project No. M361-004 in the Southeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: That portion of the South 530 feet of the West 610 feet of the Southeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West, County of Jefferson, State of Colorado, described as: BEGINNING at a point on the Northeast corner of the intersection of West 32nd Avenue and Youngfield Street, thence East along the North line of West 32nd Avenue, a distance of 140.00 feet; thence North at 89 degrees 37 minutes, a distance of 150.00 feet; thence West at 90 degrees 23 minutes, a distance of 140.00 feet; thence South at 89 degrees 27 minutes, a distance of 150.00 feet to the POINT OF BEGINNING. EXCEPTING therefrom that portion conveyed to the City of Wheat Ridge by deed recorded February 15, 1990 at Reception No. 90013512. FURTHER EXCEPTING therefrom that portion conveyed to the City of Wheat Ridge, a home rule city of the State of Colorado by deed recorded October 26, 2011 at Reception No. 2011096812. PARCEL K: A tract or parcel of land No. A301 of the Department of Transportation, State of Colorado, Project No. M361-004 in the Southeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: That part of the Southeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the Sixth Principal Meridian, described as follows: BEGINNING at a point 200 feet East of the West line of the Southeast quarter of the Northwest quarter of said Section 29, and 30 feet North of the South line of the Northwest quarter of said Section; thence North 0°51.8' West and parallel with the West line of the Southeast quarter of the Northwest quarter of said Section, a distance of 150 feet; thence North 89° 31.2' East and parallel with the South line of the Northwest quarter of said Section, 150 feet; thence South 0° 51.8' East, a distance of 150 feet; thence South 89° 31.2' West 150 feet to the POINT OF BEGINNING. EXCEPTING therefrom that portion conveyed to the City of Wheat Ridge, a home rule city of the State of Colorado by deed recorded October 26, 2011 at Reception No 2011096840. NOTE: Said Parcels J and K are also known as: A parcel of land situated in the Southeast quarter of the Northwest quarter of Section 29, Township 3 South, Range 69 West of the Sixth Principal Meridian, in Jefferson County, Colorado, being more particularly described as follows: COMMENCING at the Southwest corner of the said Southeast quarter of the Northwest quarter of Section 29 from whence the center of Section 29 bears N 89L 31' 42"E, a distance of 1322.42 feet with all bearings herein relative thereto; Thence N 00° 51' 48" W along the West line of the said Southeast quarter of the Northwest quarter of Section 29, a distance of 180.00 feet; Thence N 89° 31' 42" E, a distance of 60.00 feet to the POINT OF BEGINNING, said point being on the East right-of-way for Youngfield Street; Thence N 89° 31' 42" E, a distance of 289.91 feet to a point on the Westerly boundary of Lot 1, Applewood Village Shopping Center Subdivision recorded at Reception No. F0193712 in the office of the Clerk and Recorder for Jefferson County; Thence S 00° 51' 48" E along said West line, a distance of 121.00 feet to a point on the North right-of-way for W. 32nd Ave.; Thence the following two courses along said North right-of-way; S 89° 31' 42", a distance of 250.68 feet to a point of tangent curvature; Along the arc of a 39.50 foot radius curve to the right through an angle of 89° 36' 53", an arc distance of 61.78 feet having a chord that bears N 45° 39' 51" W, a distance of 55.67 feet to a point on the said East right-of-way for Youngfield Street; Thence N 00° 51' 48" W along said right-of-way, a distance of 81.76 feet to the POINT OF BEGINNING; County of Jefferson, State of Colorado COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section l REQUIREMENTS File Number: 960875 -Revision No. 1 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. The limit of liability of Stewart Title Company for any causes of action directly or indirectly related to the search service shall be, in the total amount, limited to the charge paid under this agreement, $500.00, or $2,000, whichever is greater. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS File Number: 960875 -Revision No. 1 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Ditch and ditch rights as evidenced by Quit -Claim Deed recorded May 10, 1880 in Book 9 at Page 268. NOTE: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 10. Right -of -Way Agreement, with the City and County of Denver, recorded March 20, 1936, in Book 379 at Page 68. 11. Right of Way Agreement to the City and County of Denver acting by through and for the use of its Board of Water Commissioners recorded March 26, 1951, in Book 712 at Page 339. 12. Reservation of easement contained in Deed recorded March 22, 1956, in Book 985 at Page 343. 13. Declaration of Protective and Restrictive Covenants on Block 1, 2 and 4 in Applewood Village, County of Jefferson, State of Colorado recorded June 18, 1959 in Book 1201 at Page 323. 14. Easements, notes, covenants, restrictions and rights-of-way as shown on the Plat of Applewood Village, recorded June 22, 1959 at Reception No. 763416 Plat Book 19 at Page 63. NOTE: Certified Copy of Resolution recorded March 12, 1968 in Book 2003 at Page 554. NOTE: Quitclaim Deed recorded September 27, 1968 in Book 2051 at Page 221. 15. Easement granted to The Mountain States Telephone and Telegraph Company by instrument recorded January 29, 1960 in Book 1250 at Page 382. 16. Easement granted to The Mountain States Telephone and Telegraph Company by instrument recorded January 29, 1960 in Book 1250 at Page 384. 17. Easement, granted to Northwest Lakewood Sanitation District, recorded August 23, 1960, in Book 1297 at Page 351. 18. Easement, granted to Northwest Lakewood Sanitation District, recorded August 23, 1960, in Book 1297 at Page 355. 19. Reservation of oil, gas, and other minerals contained in Warranty Deed recorded September 24, 1962 in Book 1524 at Page 64. NOTE: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 20. Easement, granted to Public Service Company of Colorado, recorded October 30, 1963, in Book 1652 at Page 38. 21. Easement, granted to Public Service Company of Colorado, recorded March 17, 1964, in Book 1690 at Page. 22. Easement, granted to Public Service Company of Colorado, recorded December 31, 1964, in Book 1768 at Page 164. 23. Easements contained in Warranty Deed recorded February 19, 1965 in Book 1778 at Page 278. 24. Sanitary Sewer Easement, granted to Westridge Sanitation District, recorded November 5, 1965, in Book 1832 at Page 558. 25. Easement, granted to Public Service Company of Colorado, recorded June 8, 1966, in Book 1877 at Page 157. 26. Reservation of easements contained in Resolution recorded January 9, 1967, in Book 1916 at Page 458. 27. General Public Utilities Easement recorded February 26, 1968 in Book 1999 at Page 786. 28. Drawing of subject property showing concrete irrigation conduits crossing subject property, attached to Agreement recorded June 24, 1971 in Book 2272 at Page 148. 29. Order of Consolidation, regarding Wheat Ridge Fire Protection District, recorded October 7, 1971, in Book 2305, at Page 895. 30. Utility Easement, granted to Public Service Company of Colorado, recorded October 21, 1971, in Book 2309, at Page 906. 31. Declaration of Covenants and Agreements recorded July 27, 1972 in Book 2403 at Page 294. 32. Right -of -Way Agreement with Consolidated Mutual Water Company, recorded October 31, 1972, in Book 2440, at Page 840. 33. Right -of -Way Easement, granted to Mountain States Telephone and Telegraph Company, recorded November 24, 1972, in Book 2449, at Page 154. 34. Utility Easement, granted to Public Service Company of Colorado, recorded December 1, 1972, in Book 2451, at Page 672. 35. Utility Easement, granted to Public Service Company of Colorado, recorded December 29, 1972, in Book 2459, at Page 862. 36. Covenants and Restrictions Respecting Unified Ownership of Property recorded May 12, 1975, in Book 2728, at Page 300. 37. Utility Easement, granted to Public Service Company of Colorado, recorded July 3, 1975, in Book 2745 at Page 737. 38. Right -of -Way Agreement granted to The Mountain States Telephone and Telegraph Company, a Colorado corporation recorded October 1, 1975 in Book 2775 at Page 119. 39. Lease to The Bank of Applewood, disclosed by Notice of Ground Lease, recorded August 27, 1976, in Book 2895 at Pam. 40. Applewood Village Development Plan Agreement recorded August 30, 1976, in Book 2896 at Page 160. 41. Utility Easement, granted to Public Service Company of Colorado, recorded September 17, 1976, in Book 2904 at Page 162. 42. Covenants and Restrictions Respecting Unified Ownership of Property recorded November 12, 1976 in Book 2926 at Page 630. 43. Official Development Plan for Applewood Village Shopping Center recorded August 19, 1977, at Reception No. 909490, and recorded December 28, 1977, at Reception No. 949552. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Amended Final Plan, recorded November 18, 1982, at Reception No. 82081092. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Amended Final Plan recorded October 22, 1984, at Reception No. 84099038. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Amended Final Plan recorded September 11, 1986, at Reception No. 86108656. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Amended Final Plan — Official Development Plan, Amendment #5, Phase 1, recorded September 2, 1994, at Reception No. 94145758. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Amended Final Plan — Official Development Plan, Amendment #6, recorded September 22, 1995, at Reception No. F0119560. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Amended Final Plan, recorded February 14, 2005, at Reception No. F2172791. NOTE: Applewood Village Shopping Center — Planned Commercial Development — Final Development Plan — Amendment #8, recorded December 30, 2010 at Reception No. 2010119958. 44. Utility Easement, granted to Public Service Company of Colorado, recorded May 31, 1978 at Reception No. 78048312. 45. Utility Easement, granted to Public Service Company of Colorado, recorded October 25, 1978 at Reception No. 78098329. 46. Indenture, with Northwest Lakewood Sanitation District, recorded October 7, 1985 at Reception No. 85096474. 47. Public Service Company of Colorado Utility Easement recorded June 13, 1986 at Reception No. 86064188. 48. Public Service Company of Colorado Utility Easement recorded June 13, 1986 at Reception No. 86064191. 49. Public Service Company of Colorado Utility Easement recorded July 22, 1986 at Reception No. 85982220 50. Public Service Company of Colorado Utility Easement recorded June 13, 1988 at Reception No. 86064191 _ 51. Lease to Wal-Mart Stores, Inc., disclosed by Short Form Lease recorded November 18, 1987 at Reception No. 87140164. 52. Lease to Dillon Companies, Inc., d/b/a King Soopers, disclosed by Memorandum of Lease Agreement recorded October 19, 1988 at Reception No. 88102321. 53. Lease to Chili's, Inc., disclosed by Memorandum of Lease, recorded April 17, 1989 at Reception No. 89032473. 54. Permanent Easement, granted to the City of Wheat Ridge, recorded July 19, 1989 at Reception No. 89061577. 55. Permanent Easement, granted to the City of Wheat Ridge, recorded July 19, 1989 at Reception No. 89061578. 56. Permanent Easement, granted to the City of Wheat Ridge, recorded November 29, 1989 at Reception No. 89101624. 57. Memorandum of Lease recorded December 26, 1989 at Reception No. 89111291. 58. Right of Way Agreement with Consolidated Mutual Water Company, recorded February 27, 1990 at Reception No. 90016474. 59. Right of Way Agreement with Consolidated Mutual Water Company, recorded February 27, 1990, at Reception No. 90016475. 60. Right of Way Agreement with Consolidated Mutual Water Company, recorded February 27, 1990, at Reception No. 90016476. 61. Construction Agreement, with Consolidated Mutual Water Company, recorded February 27, 1990, at Reception No. 90016477. 62. Public Service Company of Colorado Utility Easement recorded March 14, 1990, at Reception No. 90020962. 63. Fire Line Agreement with Consolidated Mutual Water Company, recorded April 23, 1990, at Reception No. 90032752. 64. Public Service Company of Colorado Utility Easement recoded February 5, 1991, at Reception No. 91010272. 65. City of Wheat Ridge, Colorado Horizontal and Vertical Control Base Map recorded February 12, 1992 at Reception No. 92015075. 66. Fire Line Agreement with Consolidated Mutual Water Company, recorded September 18, 1992, at Reception No. 92116833. 67. Memorandum of Lease recorded August 9, 1993 at Reception No. 93119764. 68. ALTA/ACSM Land Title Survey recorded October 27, 1993 at Reception No. 93174464. 69. Easement Agreement with the City and County of Denver, recorded November 10, 1993, at Reception No. 93186124. 70. Fire Line Agreement with Consolidated Mutual Water Company, recorded August 30, 1995, at Reception No. F0108078. 71. Fire Line Agreement with Consolidated Mutual Water Company, recorded August 30, 1995, at Reception No. F0108079. 72. Easement Agreement with Consolidated Mutual Water Company, recorded February 8, 1996, at Reception No. F0183243. 73. Construction Agreement, with Consolidated Mutual Water Company, recorded March 1, 1996, at Reception No. F0193344. 74. Easements, notes, covenants, restrictions and rights-of-way as set forth on the Plat of Applewood Village Shopping Center Subdivision, recorded March 1, 1996, at Reception No. F0193712. 75. Terms, provisions, conditions and obligations of Reciprocal Easement and Unified Control Agreement recorded March 1, 1996, at Reception No. F0193714. 76. Public Service Company of Colorado Easement recorded February 6, 2009 at Reception No. 2009010920. 77. Memorandum of Lease recorded January 14, 2009 at Reception No. 2009003153. 78. Memorandum of Lease by and between U S Retail Partners, LLC, a Delaware limited liability company, Landlord and Wells Fargo Bank, National Association, a national banking association, Tenant, recorded February 28, 2011 at Reception No. 2011021154. 79. Notice of Perpetual Statutory Lien of Northwest Lakewood Sanitation District, in the amount of $1,380.00, recorded August 12, 2011, Reception No. 2011073711. 80. License Agreement recorded November 29, 2012 at Reception No. 2012128282. 81. Notice of Lien recorded October 31, 2013 at Reception No. 2013130331. 82. Existing leases and tenancies. 83. Easement as reserved in Deed recorded November 4, 1966 in Book 1906 at Pate 652. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. a sE:9w rt titlearan guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Stewart Title MINERAL DISCLOSURE To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. MAP 39-292 5ON C O C®�O�oo it Jim Everson Assessor N W+ E a FEET 0 100 200 200 (InRWy plotted at 1'r 100', or 1:1200) ®�M® VAGI® ,H611 ® 1M01�� a ® 1K 22 res 00 os 1 04 1 02 1 02 1 01 22 07 00 09 10 11 12 S 1817 16 16 14 12 42 1p U 20 21 all 22 22 24 62 6 IS. 20 R, 26 27 26 26 21 22 22 24 25 24 62i 60 66 +a•1 1 41IL'TIOM Aenix 72 1 70 2. +7s B A u 81 0 ns C D 62 61 ~ ns B A 0 A 02 01 +toc C D C D OLtARTER OlCT71 S owrs►/s�� oe�r-.............x.0,..3 _'.�.=.rte DISCLAMER Caution: This map is for assessment purposes only. 6 Is not necessarily accurate by surveying standards. DO NOT USE FOR LEGAL CONVEYANCE. Subsequent editions with updated intonation WE be published on a continual basis. Therefore, the alfofrnlationn contained an this map may be modified or aborad. KEY /N/ Section Urns Tie Bar Lines Subdivision Lynes Ouarler 150dlonfTis Bar Lines /^/ Town6Np Law County Boundaries AN Others MapsMat Boundaries RgMs of Way. 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J ® 7 7 w t ® 70 WEST a ® • ® ' .a s ® i BUSINESS CENTER ' 15 sr.w • ® Tu � ® ® ®10 elq _t a .. •w ® GAD APPWOOD 2•s T • , b w• ®to u.1 ® n n ® ®®2 ®Caa VWIST CEME tsi14 ® 2 ® 2 w D NOi u ®®® a • ® i1 ® 4 ' ® ®® TI ' p/i aw PT. OF Tl T ME Arn S R ST.—. u ® - x® u 2 ') ; 70 WEST BUSINESS A CENTER FLG. 2 sea _ 2 m awrww ]L,d M. "' .a,s. co. taste. W. ]a,tl. Aw. APPLEWOOD VILLAGE SHOPPING CENTER AMENDMENT #9 LEGAL DESCRIPTION A parcel of land located in the Northwest One -Quarter of Section 29, Township 3 South, Range 69 West of the 6`h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described below: Beginning at a point on the East Right -of -Way for Youngfield Street which point is 60.00 feet East of the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29 and 98.24 feet North of the South line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29, and considering the West line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29 to bear N00'51'48"W with all bearings herein relative thereto; Thence parallel to the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29, N00'51'48"W, a distance of 556.10 feet to the Southwest corner of Lot 1, Applewood Village Shopping Center Subdivision Thence the following ten (10) courses along the West, North and East boundaries of said Lot 1: 1. Continuing parallel to the West line of the Southeast One -Quarter of the Northwest One -Quarter of said Section 29, N00'51'48"W, a distance of 667.77 feet; 2. N89'28'30"E, a distance of 150.00 feet; 3. N00*51'48"W, a distance of 200.00 feet; 4. 589'28'30"W, a distance of 150.00 feet; 5. Parallel to the West line of the Southeast One -Quarter of the Northwest One - Quarter of said Section 29, N00'51'48"W, a distance of 135.14 feet; 6. Along the arc of a non -tangent curve to the right having a radius of 182.00 feet and a central angle of 7725'57", an arc distance of 245.96 feet with a chord bearing N37'51'09"E, a distance of 227.67 feet; 7. N76°34'00"E, a distance of 701.71 feet; 8. S00°43'55"E, a distance of 670.37 feet; 9. 589*28'30"W, a distance of 0.68 feet; 10. 500.51'06"E, a distance of 762.82 feet to the Northeast corner of Lot 2, Applewood Village Shopping Center Subdivision; Thence continuing, S00°51'06"E along the East line of said Lot 2, a distance of 133.50 feet to the Northwest corner of Lot 19, Applewood Village; Thence the following four (4) courses along the Northerly, Easterly and South boundaries of Lots 19 and 20, Applewood Village: 1. 548'28'11"E, a distance of 234.05 feet; 2. Along the arc of a non -tangent curve to the left having a radius of 45.00 feet and a central angle of 188°38'41", an arc distance of 148.16 feet with a chord bearing S37°12'29"W, a distance of 89.74 feet; 3. S00°51'48"E, a distance of 38.91 feet; 4. S89°31'42"W, a distance of 117.57 feet to the Southwest corner of said Lot 20; Thence continuing, S89'31'42"W, a distance of 37.43 feet to the Northeast corner of Lot 23, Applewood Village; Thence along the east line of said Lot 23, S00'51'48"E, a distance of 115.21 feet to a point on the North line of the parcel described by the Special Warranty Deed recorded at Reception No. 2008031587; Thence the following two (2) courses along the North boundary of said parcel: 1. N82'29'08"W, a distance of 83.90 feet; 2. N88'11'46"W, a distance of 72.07 feet to the Northeast corner of the parcel described by the Bargain and Sale Deed recorded at Reception No. 2008093175; Thence the following ten (10) courses along the Northerly boundary of said parcel: 1. N88 -12'09"W, a distance of 58.35 feet; 2. Along the arc of a non -tangent curve to the left having a radius of 9.50 feet and a central angle of 8714'16", an arc distance of 14.46 feet with a chord bearing N44'35'03"W, a distance of 13.11 feet; 3. S89'07'28"W, a distance of 87.36 feet; 4. S00'22'19"E, a distance of 8.16 feet; 5. Along the arc of a curve to the right having a radius of 9.50 feet and a central angle of 8932'21", an arc distance of 14.85 feet with a chord bearing S44'23'52"W, a distance of 13.38 feet; 6. S89'10'02"W, a distance of 136.21 feet; 7. Along the arc of a non -tangent curve to the right having a radius of 9.50 feet and a central angle of 90°40'44", an arc distance of 15.04 feet with a chord bearing N45'29'37"W, a distance of 13.51 feet; 8. N00'09'15"W, a distance of 2.00 feet; 9. S89*50'45"W, a distance of 32.54 feet; 10. Thence S00'51'48"E, a distance of 4.64 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011096840; Thence along the North line of said parcel, S89'31'42"W, a distance of 149.91 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011096812; Thence the following two (2) courses along the North line of said parcel: 1. Continuing S89'31'42"W, a distance of 100.77 feet; 2. Along the arc of a curve to the right having a radius of 39.50 feet and a central angle of 8936'53", an arc distance of 61.78 feet with a chord bearing N45'39'52"W, a distance of 55.67 feet to the Point of Beginning; Containing 1,505,152 square feet or 34.554 acres, more or less. City of Wheat idge 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 Meeting Date: Attending Staff. Location of Meeting: NEIGHBORHOOD MEETING NOTES August 5, 2014 Meredith Reckert, Senior Planner Ridgeview Baptist Church 3810 Youngfield Wheat Ridge, CO 80033 Property Address: Applewood Village Shopping Center extending from W. 32nd Avenue north to 38 Avenue and generally bounded by Youngfield on the west Property Owner(s): Property Owner(s) Present? US Retail Partners, LLC P.O. Box 790830 San Antonio, TX 78279 No Applicant: Eric Chekal, Regency Centers 8480 E. Orchard Rd, Suite 6900 Greenwood Village, CO 80111 Phone: 303-300-5335 Email: EricChekala.Re encyCenters com Existing Zoning: Planned Commercial Development, Commercial -One, Neighborhood Commercial and Restricted Commercial Existing Comp. Plan: Primary Commercial Corridor, Community Commercial Center, Mixed -Use Commercial Existing Site Conditions: The Applewood Shopping Center is comprised of approximately 35 acres in the western quadrant of the City of Wheat Ridge, adjacent to a portion of the I-70 corridor. The shopping center is bordered by West 38`h Avenue to the north, a mix of residential neighborhoods to the east, West 32nd to the south, and Youngfield Street to the west. The properties in the shopping center have mixed zoning with Restricted Commercial (R -C), Neighborhood Commercial (N -C), Commercial -One (C-1)and Planned Commercial Development (PCD). The initial proposal is to consolidate zoning on the property and eventual construction of a King Soopers fueling center in the southeast corner of the Applewood Shopping Center. Other proposed development will include a Wells Fargo drive-through facility for the existing bank building completed in 2011. www.ci.wheatridge.co.us Access to the site is from an internal drive to the south onto West 321'd Avenue which runs north to West 38`" Avenue. Existing on the fuel station development site is an 18,750 square foot office building. A significant change in elevation exists on the southeastern portion of the site. There is an 18 -foot drop in elevation from the southern section of the proposed site to West 32"d Avenue. From the neighborhood to the east to the proposed site is a 12 -foot change in elevation. This change in elevation creates a significant visibility to the site from both West 38`h Avenue and the neighborhood to the east. Included in the development is a 5' wide strip of land on the northern side of the existing parking lot along 32nd Avenue. This property will be rezoned and incorporated into the PCD as well. The site for the Wells Fargo drive-through has a vacant restaurant building which will be demolished. Applicant/Owner Preliminary Proposal: The initial application will be to rezone and consolidate the new ownership parcels into the overall PCD. A zone change and Outline Development Plan will be required first. Once this occurs, the applicant can proceed with Specific Development Plans and a plat. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, 40 members 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 the proposed redevelopment of the southern portion of the site to accommodate the new fueling station and proposed plans for the Wells Fargo drive-through. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their 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 not build the new gas facility at the hard corner of 32nd and Youngfield where the gas station was demolished? That corner has limited access with only a right -in turn from 32"d Avenue and a right -out onto Youngfield. King Soopers thinks that it is too far away from the main store. In addition, the shopping center owner would like to build something more attractive with upgraded architecture than a gas station on that corner. • Traffic is proposed to access the fueling station from the major interior drive which extends north from 32nd along the front facades of the Noodles building and north. How will traffic exit the site? Traffic can either turn right to go north or left to go south to 32"d Avenue. • A left turn at the 32"d Avenue exit from the shopping center is already difficult. Will there be a traffic signal installed at the entrance to the center from 32nd Avenue? No. A signal at this location would be too close to Youngfield and the entrance is offset from the street to the south. • Why doesn't the owner demolish the vacant Wells Fargo building at 12600 W. 32nd Avenue and build the fueling station there? The center owner is hoping to re -tenant that building or redevelop the site. • It was suggested by one of the attendees that traffic in the shopping center should be one-way. The access onto 32nd Avenue could be one-way in and the access at 38`" Avenue could be made one-way out. • It was also noted that the alley running behind the center is used for loading but there is additional traffic using it including pedestrians and bicycles in addition to large vehicles at the loading docks. It was suggested that the loading area behind the center be designated as one way. • Will the barbershop building be demolished and will they be relocated into the shopping center? Yes, the existing barber shop building will be demolished. The owner can discuss relocation in the shopping center with the Regency leasing team. • What type of protection/buffering will be provided to the neighborhood to the east? Plans will include a large amount of upright landscaping around the new detention pond to provide a visual buffer for the neighborhood to the east. • What kind of measures will be made to address sustainability? The redevelopment proposals will increase the amount of landscaping on the site. Currently there are no provisions for water quality or detention and the proposed pond will help with that. • Will there be any impact on ground water levels? No soil drillings have been performed yet • Why can't the old Holly West building be used for the fueling station? The property is not the right size and is already planned to be redeveloped into the Wells Fargo drive through. Several comments were made as to understanding the necessity of the King Soopers fueling station; however, there was concern expressed about the proposed location and the impact on the neighborhood to the east. One attendee commented that new development is in the shopping center should be an improvement over what is currently there'll Staff received one written comment prior to the neighborhood meeting. The letter is attached. • Regency Centers 3!o!- 8480 East Orchard Road, suite 6900 Greenwood Village, CO 80111 Thank you for sending us the "Notice of Neighborhood Meeting". We do plan to attend. It seems that from the discussion items there might be some concrete work done. Therefore I need to make you aware that the alley that is supposed to serve as an overflow drain has a problem. The concrete east curbing that is supposed to act as a barrier has been compromised, probably by big trucks crushing the concrete. The concrete, especially in low places, has cracks even down to the rebar and allows water to seep into the yards to the east sometimes causing flooding. This has been a problem for the last several years but with the possibility of rain in the forecast it is more imminent now. Hopefully you can take this into account in your planning and fix the problem. Thank you for the opportunity to voice my concern. Sincerely: Glenn E, Billing Cc: City of Wheat Ridge, Community Development Department, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 ISN a CD 0 0 N = Ln L QZ L U CL U) 0 O 3 a� a Q O UU a? L 0 EU �Ua a� O 0 0 E .L O O ES E a� U Z � c� V �U E a a/ E �U o ._ 4-- E _m s oa �v 0-0 c N .v L d T- * CV cli Itr z Of a_ N W co d < M J Q a_ T- * CV cli Itr O .-. UU a Z ca L Q E 0 EU U a O 0 c� O E .i Q E �O O .� > E 00 0.@ Z a a� E E U O .— a� a� � �E c aE c� .� O vU c O +� N v .L - z w N N v ol E Z �I N M 4 rli O r- NC 7 tt LO Cfl O ti 06 OT- T- T -r r c- z W O U) W L N Q J � h v �v -6 u a? a� L a. � � O Eu L .� > U a a� oa 0 E CL t CL E E ow tp ._ � �0 CD N0 E as c a o •a' a� E—U QZ O CL E Ea. vU c O% N U L N(D N z W ` U) W L N Q J � h v �v -6 d E m Z I CV coct- C,I M s �n co ►` o oo 6 T- r- J �n co ►` o oo 6 T- r- E I A I Ali N � 11L)A in City of �Wheat Kj,i MUNiT-y DEVELOPMENT Zone Change Criteria For a zone change request, the Planning Commission and City Council base their decision on 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; and 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions; and What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height. There are many different zone districts within the City including residential, commercial, industrial and planned development zoning. What is a zone change? A zone change is the process of changing the current zone district to a 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., residential vs. commercial). All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district. 3. Adequate infrastructure/facilities are Why is a neighborhood meeting required? available to serve the types of uses A neighborhood meeting is required for all zone change requests. The allowed by the change of zone, or the purpose of the meeting is to provide the opportunity for citizens to become applicant will upgrade and provide aware of the proposed development in their neighborhood, and to allow the such where they do not exist or are developer to respond to citizen concerns regarding the proposed project. All under capacity; and residents within 600 feet are notified of the meeting. 4. At least one (1) of the following conditions exists: 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 city -approved policies or plans for the area. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. 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. 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. How do I give my opinion on a zone change? All public hearings for proposed zone changes are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any written correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence should be routed through planning staff. Can I contact my council representative? Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony presented at public hearings. Please do not contact the Mayor, Planning Commissioners, or City Council representatives to discuss the merits of the case prior to the public hearings; it could jeopardize their ability to hear the case. What is a legal protest? A legal protest is a formal, written protest which can be submitted by adjacent property owners within 100' of a subject property. If 20% of property owners on one side within a 100' radius file a legal protest, it requires a three-fourths vote of City Council (6 out of 8 members present) to approve a zone change instead of a simple majority (5 out of 8 members present). A legal protest is usually filed after the Planning Commission public hearing. Community Development Department • 303-235-2846 • www.ci.wheatridge.co.us City of �RiWheat e �CCOUI1 v TY DEVELOPMENT What is a Planned Development? Many properties in Wheat Ridge are part of a planned development zone district, including planned residential (PRD), planned commercial (PCD), and planned industrial (PID) districts. Each planned development has its own list of permitted uses and development standards. There are two distinct steps in establishing a planned development. Step one is approval of an outline development plan (ODP) that establishes the planned development zoning designation, permitted uses, underlying development parameters, and general design concepts. Step two is approval of a specific development plan (SDP) to provide specific site plans, building elevations, and civil documents. The SDP and ODP are both approved at public hearings. Obtaining approval of a Outline Development Plan can take about four months and is treated like a zone change. The process requires two public hearings. A Specific Development Plan can be reviewed at the same time as the ODP. If the SDP is submitted after ODP approval, only a public hearing before planning commission is required. Planned Development Review Process L Step 5: Comments to Applicant_ Changes Necessary? 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: ----I Packet to City Council for 1 st 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 NOTE: If an SDP is submitted separate from and subsequent to ODP approval, repeat step 1 through step 8—however, step 2 (neighborhood meeting) is not required for SDP approval. Step 1: Pre -application Meeting Step 2: Neighborhood Meeting (Only required for ODP—not required for SDP) Step 3: Submit Complete Application -- Step 4: --- - - - - - - Staff Review, Referral (Typically 15 days) L Step 5: Comments to Applicant_ Changes Necessary? 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: ----I Packet to City Council for 1 st 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 NOTE: If an SDP is submitted separate from and subsequent to ODP approval, repeat step 1 through step 8—however, step 2 (neighborhood meeting) is not required for SDP approval. NOTICE OF NEIGHBORHOOD MEETING Regency Centers, the owner of Applewood Village Shopping Center, is requesting a rezoning of Property located northeast of West 32"d Avenue and Youngfield Street (specifically 3200 Wright Court, 12525 W. 32' Avenue, 3250 Youngfield Street and 12627 W. 32nd Avenue) (**I need to confirm these addresses, Meredith d ou have an address map showing these?**)) in Wheat Ridge, Colorado. These addresses are not the entire Applewood Village Shopping Center but are only a few small parcels at the southeast corner of the shopping center which currently house the old vacant Old Chicago restaurant, the small building with the haircutter and gun shop, and the two vacant lots south of these building The purpose of the rezoning is to allow for the demolition of these vacant buildings which have become an eyesore so as to allow for the construction of a regional detention facility and a fuel center associated with King Soopers. As part of the public process a neighborhood meeting will be held on August 5`h, 2014 at 6 PM. The location of the meeting is Ridgeview Baptist Church which is located at 3810 Youngfield Street at the northeast corner of 38`h/Youngfield. Prior to submitting an application for a rezoning the applicant is to notify residents and property owners within 600 feet of the Property and invite them to a Neighborhood Meeting. The purpose of the meeting is to allow us to present our proposal to our neighbors and to give you a forum to convey your opinions and thoughts. A City of Wheat Ridge Staff Planner will attend the meeting to discuss City policies, regulations and the process involved, however please note, the Staff Planner will remain impartial regarding viability of the project. If you have any questions please feel free to call the City of Wheat Ridge Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may also mail comments to: City of Wheat Ridge Community Development Department 7500 West 291h Avenue Wheat Ridge, Colorado 80033 We look forward to meeting you and discussing this project. Sincerely, Regency Centers Eric A. 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AWLEWOOD PROFESSIONAL BUILDING LLC 12495 W 32ND AVE 2 WHEAT RIDGE CO SW33 3200 WARD RD WHEATRIDGE CO 80033 JAVOREK RODGERS FAMILY TRUST 3305 IWARD RD WHEAT RIDGE CO SW331 3305 WARD IRD WHEAT RIDGE CO 80033 RESID LAS WHOLESALE INC 1% JEFF ELLWANGER ONE CABELA DR SIDNEY NE 69160 VACANT LAND _ BAUER SANDRA ISAUER ROBERT 10315 PONCHA PASS ILITTLETON CO 1 80127 12498 W 35TH AVE WHEAT RIDGE CO 80033 RESID lUNGHAENE BETTY L 3692 WRIGHT Sr WHEAT RIDGE CO 80033 3692 WRIGHT ST WHEAT RIDGE CO I 80033 RESID GARRALDAJOHNC _ GARRALOA 8 JEAN 3330 WRIGHT ST WHEAT RIDGE CO BW33 3330 WRIGHT ST WHEATRIDGE CO 1 80033 RESID CASSABAUM STEPHEN G 3751 WARD RD WHEAT RIDGE CO 80033 3751 WARD RD WHEAT RIDGE CO 80033 RESID HORODYSKYJ NESTOR MOROZEWYCH ZORIANA M 3651 WARD RD WHEAT RIDGE CO 80033 3651 WARD RD WHEAT RIDGE CO SW33 RESID _ DONALD C SEYFER REVOCABLE TRUST 3405 WARD RD WHEAT RIDGE CO 80033 3405 WARD RD WHEAT RIDGE CO SW33 RESID SKAFLEN LINDA K 3395 iWARD RD WHEAT RIDGE CO SW33 3395 WARD RD 1WHEATRIDGE CO 80033 RESID MARQUARDT KATHLEEN J LARK CAROL A 3822 WRIGHT Cr WHEAT RIDGE CO 80033 3822 WRIGHT Cr 1WHEATRIDGE CO 80033 RESID FOLKENPHYLLIS ANN 3833 WRIGHT 5T I 1WHEAT RIDGE CO 80033 3833 WRIGHT ST WHEAT RIDGE CO SW33 RESID HENDRICKSON NELSON A 3824 WRIGHT ST WHEATRIDGE CO I 80033 3824 WRIGHT ST WHEAT RIDGE CO SW33 RESID MCNAMEE MARK MCNAMEE LINDA K 3231 VIVIAN DR WHEATRIDGE CO 80033 3231 IVIVIAN DR WHEAT RIDGE CO 80033 RESID OLSEN ERICK 12342 W 32ND AVE WHEAT RIDGE CO 80033 12342 W 132ND AVE WHEAT RIDGE CO 80033 RESID SANCHEZ MATTHEW D SANCHEZ LISABETH C % MARKET PLACE REALTY 90 W 84TH AVE DENVER CO 80260 3430 IWARD RD WHEAT RIDGE CO SW33 RESID PARKISON MICHAEL E HARRISON MICHELLE JOY 3390 WARD RD WHEAT RIDGE CO 800331 3390 WARD RD WHEAT RIDGE CO 80033 RESID FIRSTBANK OF WHEAT RIDGE 12345 W ICOLFAX AVE LAKEWOOD CO 8022SI 3190 YOUNGFIELD ST LAKEWOOD CO 80215 COMMR V-5-RETAIL PARTNERS LLC _ JPC, BOX 790830 SAN ANTONIO TX 78279 3210 YOUNGFIELD IST WHEATRIDGE CO SW33 COMMR SAGE ARON SAGE SANDRA 3185 XENON 5T I 1WHEATRIDGE CO 80215 3185 XENON ST WHEAT RIDGE CO 80215 RESID tn-KE-TAIL PARTNERS LLC % PROP TAX DEPT PO BOX 790830 SAN ANTONIO TX 76279 12601 W 32ND AVE WHEAT RIDGE CO 80033 COMMR AUSTIN VINCENT RIVERA ROBERTA E 12550 W 32ND AVE WHEAT RIDGE CO SW33 12550 W 32ND AVE WHEAT RIDGE CO 80033 RESID FRITSCHE SHIRLEY D 3185 WRIGHT ST WHEAT RIDGE CO 80215 3185 WRIGHT ST WHEATRIDGE CO 80215 RESID SZONKE THEODORE R STEINKE LEE D 3333 WRIGHT ST WHEAT RIDGE CO 80033 3335 IWRIGHT ST WHEATRIDGE CO 80033 RESID SCRUGGS FORREST W JR LANDWEHR SHEREE 1 SCRUGGS SCRUGGS Bq 615 BRENTWOOD ST LAKEWOOD CO 1 80214 3140 WRIGHT Sr WHEAT RIDGE CO 80215 RESID WELLER ROLAND K 15284 W 63RD AVE APT 10 GOLDEN CO 9MO31 3385 WRIGHT ST WHEAT RIDGE CO 80033 RESID DUBY ROBERT ALAN DUBY KAREN LINDA 3349 IWRIGHT ST WHEAT RIDGE CO SW33 3349 WRIGHT ST WHEAT RIDGE CO 80033 RESID BURNHAM D ARTHUR BURNHAM DOROTHY S 3652 WRIGHT Si I 1WHEATRIDGE CO 80033 3652 WRIGHT ST WHEAT RIDGE CO SW33 RESID HAAS JULIE A 1369S DREXEL WAY LAKEWOOD CO 80232 3350 WRIGHT ST WHEAT RIDGE CO SW33 RESID AHONEN DIANE M 3741 WARD RD WHEAT RIDGE CO 80033 3741 WARD RD WHEAT RIDGE CO 80033 RESID VADEBONCOEUR FRANCOIS A VADEBONCOEUR NEVA C 3541 WARD RD WHEAT RIDGE CO 80033 3541 WARD RD WHEAT RIDGE CO 80033 RESID NICHOLSON THOMAS D NICHOLSON HELEN NICHOLSON 3375 WARD RD WHEATRIDGE CO SW33 3375 IWARD RD WHEAT RIDGE CO 80033 RESID WOODS RANDY W WOODS KIRSTEN Z PO BOX 1192 IGNACIO CO 81137 3821 1WRIGHT CT WHEAT RIDGE CO 80033 RESID LOHSE DANIELLE R QUANTE JOHN L PO BOX 110793 AURORA CO 80042 12567 W 38TH DR WHEAT RIDGE CO SW33 RESID LEWIS KENNETH E LEWIS DOROTHY L 3840 IWRIGHT ST WHEAT RIDGE CO 80033 3840 WRIGHT ST WHEAT RIDGE CO I 80033 RESID PATEL NIMESH B CHLEBORAD ALAN F RBS INVESTMENTS LLC LUBINSKI RONALD L ttftM MICHAEL PATEL SONAL CHLEBORAD ANITA P _ _ LEWIS SHANNON _ LEWIS KATH 1 570 3290 13817 W 3130 3812 EAGLE NEST WARD 66TH WARD WRIGHT Cr RD PL Cr Cr GOLDEN WHEAT RIDGE ARVADA WHEAT RIDGE 1WHEAT RIDGE CO CO CO CO CO 80401 80033 80004 80215 80033 3135 3290 3150 3130 12391W WARD WARD WARD WARD 38TH Cr RD CT CT AVE 1WHEATRIDGE WHEATRIDGE WHEAT RIDGE WHEAT RIDGE WHEAT RIDGE CO CO CO CO !CO 80215 RESID SW33 RESID 80215 RESID 80215 RESID 80033 RESID 3 IV1A�( City Of heat i e COMMUNITY DEVELOPMENT �g Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: May 8, 2014 Applicant: Eric Chekal. Regency Centers 8480 E. Orchard Rd. Suite 6900 Greenwood Village, CO 801 1 1 Phone: 303-300-5335 Email: EricChekalna Re encyCenters com Dick Ansteth, Naos Design Group, LLC. 4949 South Syracuse Street, Suite 460 Denver, CO 80237 Phone: 303-759-5777 Email: dicka ,naosdg com Matthew Duhaime. Galloway 5300 DTC Parkway, Suite 100 Greenwood Village, CO 801 1 1 Phone: 303-770-8884 Email: mattduhaime@,g—allowayUS.com Gabe Krell, Kimley-Horn 990 South Broadway, Suite 200 Denver, CO 80209 Phone: 303-228-2324 Email: gabe.krell@kimley-hom.com Bryce Christensen, Kimley-Horn 990 South Broadway, Suite 200 Denver. CO 80209 Phone: 303-228-2339 Email: bxe.christensennkimley-horn com Attending Staff: Wade Sanner, Planner I Lauren Mikulak, Planner II Meredith Reckert. Senior Planner Dave Brossman, Development Review Engineer Mark Westberg, Engineering Projects Supervisor Specific Site Location: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: Approximately 3400 Youngfield and 12525 W. 32nd Avenue Commercial -One (C-1) Primary Commercial Corridor, Community Commercial Center, Mixed -Use Commercial The two proposed development sites are located within the Applewood Village Shopping Center. The first proposal, for a Wells -Fargo Bank drive-thru addition, is located on the western edge of the shopping center. The second proposal, for a King Sooper's fuel center, is located at the southeast corner of the shopping center. The Applewood Shopping Center is comprised of approximately 65 acres in the western quadrant of the City of Wheat Ridge, adjacent to the 1-70 corridor. The shopping center is bordered by West 38`h Avenue to the north, a mix of residential neighborhoods to the east, West 32nd to the south, and Youngfield Street to the west. Of the 16 parcels that comprise the Applewood Village Shopping Center, the proposed development sites are comprised of five parcels of the shopping center. The five parcels are zoned Restricted Commercial (R -C), Neighborhood Commercial (N -C), and Planned Commercial Development (PCD). To explain the proposed development in detail, this narrative describes existing conditions and preliminary proposals in regards to Site A (Wells -Fargo Bank drive- thru facility) and Site B (King Sooper's fuel center). Site A Site A is located on the western edge of the center of the Applewood Shopping Center. To the north of Site A is the northern portion of the Applewood Shopping center zoned PCD, and a retail building owned by Showme Mountain Investors, LLC zoned Commercial -One (C-1). To the west is the 1-70 corridor owned by Colorado Department of Transportation (CDOT) and zoned Agriculture -One (A-1). To the south and east are parking lots and other structures located in the shopping center zoned PCD. Zoning Site Location Access to the site is from an internal drive with connection to Youngfield Street to the west. Currently existing on the site is a 9,494 square foot restaurant/office building. In 2010 the existing structure on the property was demolished and a new Wells Fargo Bank building was developed. The existing drive-through for the bank is currently located to the south on property addressed as 3298 Youngfield. Site B Site B is located in the southeast corner of the Applewood Shopping Center. To the north and west of Site B are other interior drives and buildings in the central portion of the shopping center with PCD zoning To the south of the proposed development is W 32nd Avenue - To the east is an insurance office and parking lot zoned Neighborhood Commercial (N -C). Note: The parking lot is part of the proposed development site. A number of easements run through Site B. A drainage easement runs through the northwest corner of the proposed fuel center. Utility easements run along the perimeter of each parcel of the proposed site. Access to the upper portion of the site is from an internal drive to the east that runs south to West 32nd Avenue. Existing on the site is an 18,750 square foot office/retail building which is vacant. Another small retail building with 1,767 square feet is located to the southwest directly adjacent to the entrance drive from 32nd into the center. The property to the south is devoid of structures and has direct access to 32nd Avenue. A significant change in elevation exists on the southeastern portion of the site. There is an 18 -foot drop in elevation from the southern section of the proposed site to West 32nd Avenue. From the neighborhood to the east to the proposed site is a 12 -foot change in elevation. This change in elevation creates significant visibility to the site from both West 32nd Avenue and the neighborhoods to the south and east. Applicant/Owner Preliminary Proposal: The applicant, Regency Centers, is proposing two new development sites on the western edge and southeast corner of the Applewood Shopping Center. Proposal Site A The applicant is proposing an auto -bank drive -up facility with canopy to service the existing Wells - Fargo Bank. A 9,494 square foot restaurant/office building exists on the site of the proposed drive -up facility. The 7,514 square foot vacant restaurant portion of the building will be removed to make room for the drive-thru facility. The 1,980 square foot office portion of the building will remain. Proposed access to the drive-thru facility will continue to be from the existing internal drive with connection onto Youngfield Street. In 2010, a new Wells Fargo bank was constructed but an off-site drive through location at 3298 Youngfield remained. It is the intent of this proposal to relocate the drive-through next to the new bank building. The proposed drive through will complement the existing bank with regard architectural features and materials. The proposed expansion site is addressed as 3490 Youngfield. Proposal Site B The applicant is proposing the construction of a King Sooper's fuel service center in the southeast corner of the Applewood Shopping Center. In order to construct the fuel station, a number of alterations to the existing site are proposed to allow sufficient space, stormwater detention, and traffic circulation. The existing 18,750 square foot office/retail building and smaller strip building will be demolished to provide space for development. To incorporate the four adjacent lots to the south and east, the applicant is proposing to rezone and consolidate the lot lines of the parcels zoned N -C and R -C into the Applewood Shopping Center. The current addresses of the properties included are 3200 Wright Court, 12525 W. 32nd Avenue, 3250 Youngfield and 12627 W. 32nd Avenue. A portion of the property to the south, adjacent to West 32nd Avenue will be dedicated as right-of-way (ROW) to allow for a right -turn lane and sidewalk on West 32"d Avenue. Site A f � I I DE u i "STING - RESTAIAAMT R ROVOSED ' AUTO BAW 1 Dft Ef P CANOPY > l J The proposed fuel center will be comprised of nine fuel pumps with a small building for one employee. The nine fuel pumps will be covered by an overhead canopy. Due to the significant grade change between the site and West 32"d Avenue, the fuel center will be elevated significantly above the road and the neighborhoods to the east and south. Lighting from the canopy will be directed down towards the individual fuel pumps. To buffer the fuel station from the adjacent neighborhood to the east and south the applicant is proposing to install vertical landscaping along the southeast corner of the property. Three access points to the fuel center site are proposed, two access points will be to the internal drive which connects to West 32nd Avenue. Internal traffic flow will enter from the southern access point and exit from the northern access point. The third internal drive will curve around the building to the north, and connect the fuel center to an existing parking lot to the northeast. 4 [SitLeB I / R FRJFOSEDOEiENIgN uaE� roN®NRc PROM FEW" - LOROUTIMINRED Nrsw (ii FROM RCTOBE 11CLUBED IN TIE 1 � Wteno KD NEww0FOYLK r� ' vaoccrDDEroa A EXFK TO ACCCIAMTEMEW _ FUEL CENTER 033 % i 40z The proposed fuel center will be comprised of nine fuel pumps with a small building for one employee. The nine fuel pumps will be covered by an overhead canopy. Due to the significant grade change between the site and West 32"d Avenue, the fuel center will be elevated significantly above the road and the neighborhoods to the east and south. Lighting from the canopy will be directed down towards the individual fuel pumps. To buffer the fuel station from the adjacent neighborhood to the east and south the applicant is proposing to install vertical landscaping along the southeast corner of the property. Three access points to the fuel center site are proposed, two access points will be to the internal drive which connects to West 32nd Avenue. Internal traffic flow will enter from the southern access point and exit from the northern access point. The third internal drive will curve around the building to the north, and connect the fuel center to an existing parking lot to the northeast. 4 Signage would incorporate a monument sign along West 32nd Avenue. Gas price signs would be on the station canopy and would face into the Applewood Shopping Center. The applicant is looking at a master sign plan in the future to incorporate the various businesses and their signage needs within the overall shopping center. A stormwater detention pond will be constructed to the east of the proposed fuel center at the bottom of the ridge on the two lots zoned N -C. The stormwater detention pond will incorporate water runoff for the entire southern section of the shopping center, and be part of the overall planned development. Along the edge of the detention pond vertical landscaping will be planted to screen the site from the neighborhood to the east. Will a neighborhood meeting need to be held prior to application submittal? Yes, the request to rezone the parcels in the southeast corner and amend the ODP or rezone to Mixed - Use Commercial Interstate requires a neighborhood meeting. Planning Division comments: The following items were discussed based on the applicant's proposal: Site A A planned development is intended to promote innovative developments, flexible site design, and efficient use. Planned developments are developed according to approved plans which have their own list of permitted uses. Development standards set the allowable setbacks, density, and other zoning parameters. The original planned development document for the Applewood Shopping Center was approved in 1975. There is not a list of permitted uses detailed on the document; however it has generally been Staff's position that all C-1 uses are permitted in the development. Through the years there have been uses which are special uses now but in 1975 were allowed uses. Those would include gas stations and drive-through facilitates. Therefore, an amendment to the existing ODP is not needed to establish the drive-thru as a permitted use. However, an administrative amendment to the development plan for this portion of the proposal will be required through a specific development plan process. In 2010 the shopping center development plan was amended to allow a new Wells Fargo Bank through an amended Final Development Plan — Amendment #8 Wells Fargo Bank at Applewood Shopping Center Official Development Plan (ODP) Amendment. The proposed drive-through will be accessory and complimentary to the primary bank use on this portion of the center. A neighborhood meeting is not required prior to this application. Site B The proposed fuel center site encompasses five lots zoned PCD, N -C and R -C. The applicant is proposing an amendment to the Applewood Shopping Center Planned Development to incorporate the additional parcels needed to accommodate the redevelopment. The extent of this redevelopment includes a stormwater detention pond to serve the overall development. Neither the RC or NC zone districts allow fueling station; therefore, the properties need to be rezoned to PCD and be incorporated 5 into the master Specific Development Plan for the shopping center. In order to do this, a new ODP document will be required which encompasses the entire shopping center. Staff had several comments regarding design of the gas station site. It was suggested that the site plan be modified by moving the proposed structures further to the east and north. This would eliminate some of the parking north of the facility and would provide space for a potential plaza, and landscaping for the building to the north. This buffer would also provide additional screening for the restaurant's outdoor patio seating on the south side of the building. Exterior lighting standards will need to be met to prevent spill-over effects to the neighboring residential properties to the east and south. According to section 26-503, all light fixtures must be fully shielded. For commercial development a lighting and photometric plan must be submitted to show locations, lamp type/wattage, mounting heights, and design and finishes of fixtures. It was recommended that additional screening by trees be used to mitigate the impacts. Platting In the past, proposed improvements to the Applewood Shopping Center have been done by amendment to the planned development. Staff raised concerns about the various pieces of the proposal of integrating Site B into the overall shopping center. Staff has determined that the rezoning, lot consolidation with the dedication of right-of-way for the properties at 12525 West 32nd Avenue (PIN: 39-292-11-021) and 3200 Wright Court (PIN: 39-292-11-018) will require a new plat for the southern portion of the shopping center. A final plat will be required in order to build on the site. Architectural and Site Design Manual The City's Architectural and Site Design Manual (ASDM) provides guidance related to the site and building design of new commercial, industrial, mixed-use and multi -family development. The site at entire Applewood Shopping Center at 3400 Youngfield Street is located in the Contemporary Overlay District in the ASDM. Chapter 2.2 of the ASDM states that: The Contemporary Overlay District applies on commercial corridors where a walkable environment is desired but where greater flexibility for the placement of buildings and parking lots is sensible. It promotes site design that makes buildings visible from the street but utilizes a greater build -to range than the traditional overlay. Chapter 3 of the ASDM includes guidance related to site design, and includes standards relating to pedestrian connectivity, building placement build -to areas, parking placement, and screening buffers. Chapter 4 includes building design standards for commercial/retail and mixed-use buildings. Building Division comments: The building division was not present and has no comments at this time. A demolition permit will be required by the Building Division to remove the existing buildings on the property. The City has adopted and currently enforces the 2006 Edition of the International Codes and the 2011 Edition of the National Electrical Code. The City uses the 2003-A117.1 ANSI Standard in determining requirements related to building accessibility. T Please contact Chief Building Official John Schumacher for any additional questions related to building codes or required submittals for future building permits. He can be reached at 303-235-2853 or ischumacherAci.wheatrid eg co.us. Public Works comments: The following items were discussed based on the applicant's proposal: Traffic Staff recommended the consolidation of access to Site B to one access point. Staff recommended a right -in only access with traffic circulation around the building to the north. Drainage 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 proposed site will be achieved. Public Works recommends that a regional detention facility be considered for the shopping center, and that this proposed project site drain into that regional facility. Currently a temporary pond exists in the south central portion of the shopping center. Public Improvements When new properties are created in the city through the subdivision process, staff reviews the proposal based on current standards. In addition to ensuring that new parcels meets minimum lot size and width standards, staff also confirms that adjacent street improvements meet current roadway design and drainage standards. In order to promote high-quality multi -modal streets throughout Wheat Ridge, the Bicycle and Pedestrian Master Plan establishes design standards for the City's bike/pedestrian routes. W. 32nd Avenue is identified in the plan as a bicycle route. When a new subdivision is platted along bike routes, right-of-way dedication and/or installation of streetscape improvements are typically required. Process Site A - SDP Amendment An administrative amendment to the Specific Development Plan (SDP) will be required for Site A. The first step in the SDP amendment process is to hold a Pre -Application meeting, which was completed on May 8, 2014. The next step is to submit an SDP amendment application showing all of the improvements to the lot. This should include enough information so that access, circulation and landscaping for the entire property including the bank. Please note that you must schedule a meeting with a staff planner to submit the application. Incomplete applications will not be accepted. After the SDP amendment application is submitted, a staff planner will be assigned to review the case. 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 and other City agencies for their 7 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 Specific Development Plan may be required as a result of these comments. There may be more than one review required before the documents are ready for administrative approval. Once all comments and requirements have been met, the Specific Development Plan application will be submitted to the community development director for approval. The director can approve, deny or approve the SDP with conditions. If the SDP amendment is approved, a mylar of the SDP amendment with original signatures must be provided to the City for recording with the Jefferson County Clerk & Recorder's office within 60 days. Southern Portion of the Shopping Center - Lot Consolidation A lot consolidation essentially combines two or more adjacent parcels and creates a single larger lot. In this case, a consolidation plat is the document that will remove the lot line currently separating the two parcels that make up the property at 12525 West 32nd Avenue and 3200 Wright Court. The consolidation plat must be prepared by a surveyor who is licensed in the State of Colorado. The consolidation should also include the strip of property with unclear title located between the parking lot parcel and the piece to the north. It is staff's understanding that the owner is working with Renewal Wheat Ridge to clear title and for acquisition of this piece. The first step in the process began with the pre -application meeting on May 8, 2014. The next step will be to proceed with the consolidation plat application. An application for the lot consolidation may be submitted at any time. After a complete 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 consolidation process. The case manager will review the submittal application for content and the proposal will be referred to affected service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Building Division, etc.) for their review and comment for a period of 15 days. After all comments have been received, the case manager will forward those to the applicant. Modifications to the plat document may be required as a result of these comments. This review and comment process can occur more than once. Once all comments have been addressed, a black line Mylar will be submitted to the Community Development Department with appropriate recording fees. Findings will be prepared by the case manager for the Community Development Director who will sign the plat document Mylar for recordation. When the plat is recorded with the Jefferson County Clerk and Recorder the lot consolidation becomes official. Site B - Zone change and Planned Development Approval Process There are two distinct steps in establishing a planned development or in redefining its boundaries: 1) Zone changed and approval of an Outline Development Plan (ODP), and 2) approval of a Specific Development Plan (SDP). The SDP and ODP are both approved at public hearings; however, the applications may be submitted concurrently or individually. The next step in the process is to hold a neighborhood meeting which is required for the zone change to planned development. For this meeting, the applicant must notify all property owners within a 600 - foot radius of the property. Notification may be via first class mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 - foot radius. A sample notification letter is provided and can be used as a template. The letter will need to be approved by a planner before it is mailed. The fee for the neighborhood meetings is $100 plus 50 cents for each page of address labels (average is $243). In this situation because the exterior perimeters of the ODP are being expanded, the noticing list will include properties along 38`" Avenue and Wright Court. The meeting date, time, and location should be coordinated with a staff member. The fee associated with the neighborhood meeting is $100 for staff presence, plus 50 cents for each page of address labels (average is $243). Meetings can be held at City Hall or at a location the applicant desires. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit a formal application. 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 planned development documents may be required as a result of these comments. After all comments have been addressed, a public hearing before Planning Commission will be scheduled. Planning Commission will make a recommendation of approval, approval with conditions or denial. The public hearing procedure is replicated before City Council for final approval. Once approved, a blackline mylar copy of the development plans must be recorded with the Jefferson County Clerk and Recorder. If the SDP is submitted separate from and subsequent to approval of the ODP, then the referral process is repeated for the SDP, and the SDP is approved by the Planning Commission. Site Plan Review The next step in the process is to submit a complete application including a site plan. landscape plan. and building elevations; refer to the attached site plan checklist. Please make an appointment with a planner to submit the application. Upon receipt of a complete application, the submitted documents will be reviewed by the case manager. The staff planner will send the application to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. This referral period is 15 days long and allows time for agencies to comment on the application. 0 After all comments have been received, the case manager will forward those to the applicant. Comments will address any areas of concerns. Modifications to the application may be required as a result of these comments. The applicant must address all comments and resubmit the relevant documents and drawings. Once all comments and requirements have been met, the case manager will refer the site plan application to the Community Development Director for final approval. A copy of the approved site plan will be kept on file at the Community Development Department. Building Permit Approval of the site plan application does not mean that a building permit has been issued. Once site plan approval is attained, the applicant may submit a building permit application to the Building Division. Please refer to the Building Division's permit submittal checklist for new multifamily construction: http•//www ci wheatridge co us/1068/Permit-Submittal-Information. Utility Providers The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Consolidated Mutual Water District: 303-238-0451 • Northwest Lakewood Sanitary District: 303-987-0835 • Wheat Ridge Fire District #2: 303-403-5900 All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Attachments: Planned Development Handout, Site Plan Handout, Lot Consolidation Handout, Public Works Comments Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Planner II 303-235-2845 Wade Sanner — Planner I 303-235-2849 Mark Westberg — Engineering Projects Supervisor 303-235-2863 Dave Brossman — Development Review Engineer 303-235-2864 John Schumacher — Chief Building Official 303-235-2853 Steve Art — Economic Development Manager 303-235-2806 10 of "� W heat Riidprc LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 Z R 4 C H C IL^tt, FaQ (please print or type all information) �^ [99w Applicant IRL.eyer,eV eA4-erg L-� p Address- f4%p;5. TCReK as pj> 5„r " Phone City( �,,�,,�,� Vr 1I&CAG'. State C O Zip nLDi t L_.__ _ Fame Owner LAJ,911 `:Sa*ta BaaP, A. Address S[oo1 5 . tZ��pW SHAW City_ L_' -r>z -_ State C o Zip 5c o t z t .5 Contact C1-1C--%0-AL- Addresses o 'VAN-, 6u)-mD yj,,S-m WC40P110114(3 3o0- S 3S City��- t I la -e- C-- State 4f CD Zip ^Lo f a l Fax b'I -i5 (71ie person listed as contact will be contacted to answer questions regarding this application, provide additional infornation when necessary, post public hearing signs, will receive a copy of the statfreport prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address):__ 32915 y kwmt-Ftc eat A Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists far complete application requirements, Incomplete applications hall not be acceptea' XChange of zone or zone conditions 11 Special Use Pennit ❑ Subdivision: Minor (5 lots or less) O Consolidation Plat ❑ Conditional Use Permit ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Site Plan approval ❑ Temporary Use, Building, Sign O Lot Line Adjustment ❑ Concept Plan approval ❑ Variance/Waiver (from Section ) O Planned Building Group ❑ Right of Way Vacation ❑ Other: Detailed description of request: Ca ►, m t , ��, ,F -�, App��-,��1 V t L�..�y r%.¢ -62-e_, dt.- .. a .. r-� cr a 'w r,\ Required information: 39- 2.92.r o- -.d og Assessors Parcel Number: 39- 2 42.-- u - ei.l Size of Lot (acres or square footage): 0.643 ae.,tA� +a t Current Zoning:- t- I At4ch a-- L Proposed Zouing: T=k-, D Current use: D ttr v a J-MpA :Va " 'VU&- A- Q,'.3v ANM J> Aft Use: 1r r,4 t r cerilfy that the information and erhihits herewith submitted are lnie and correct to the best of my knowledge and that in filing this applicalion, I ant acting with the lurowledge and consent of those persons listed aboiv, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit po)ivr-of at 6 Prot the Omer which approved of this action of his behalf. Notarized Signature of-App]4et�wt r ---�,, ._-_ /�. n A___ a Slate of Colorado V ..Lara, I KANDICE BACA County of,'�1�6t.pilo& ) ss The foregoing instnnnent (Land Use Processing Applica i nwas acknowledged bymethis _I�da-7f ,201t by (�lj IC. /n L Notary Public Mycommission expires _I(_/ ZI_/20ji_ NO IARY PUBLIC STATE OF COLORADO NOTARY ID 20094010634 MY COMMISSION EXPIRES NOVEMBER 21 To be filled out by staff: Q Date received 01' 1I,- . FeeecciptJV0. Case No. Mit- Comp Plan Design. Zonin� -t OL Quarter Section ap Related Case No. Pre -App Mtg. Date _ Case Manager ✓ Case No. W21413 Date Received t 10/27/2014 Related Cases j Case Planner aseescriptiorCity initiated rezone from 9C to PCD for property located north of 12525 W. 32ndA - ve. Address City State ��-- �— L-_-_! Zip—� Reckert .._.-..._-_.__.._..._......._.............._....._...- - Con�facf /ir/orrm�afiovr - Name ) -_--__1 Phone one Address_ _�. City State 1-1, Zip I - -- F'rcjec/ br/oAm boo Address 12525 Street iWW32ndAve. ; City -Wheat Ridge State CO Zip 80033 ---- — --- Location Description Project Name:A lewood Village Shopping ...-- — PP 9 PPin9 Center Parcel No Qtr Section District No � Parcel No. .. _. 39.29211.021 ;Qtr Section: NW29 District No.: 111 0 3929211021 NW29 3 ............. .. _._. _.... __ /ief�x Pre -App Date Review Type R eview First Reading Public Hearing oliooxifAw Case Disposition Conditions of Approval Res # ' Ord # Neighborhood Meeting Date Review Body Review Date Disposition PC — CC _ .CSIt '_ —, rte-, cc 0 ! _ -- App No: Comments Report 0 [=J Case No. ',k/Z1409 Date Received 9/12/2014 Related Cases Case DescriptiorZone change from RC and NC to PCD and approval of an outline development A,PphraM /mlmrmW&W Case Planner Reckert Narne Eric Checkal Name 'Regency Centers, L.P. Phone g y (303j 300.5335 Address 8480 E. Orchard Rd., Suite 6900 City Greenwood Village............................. 9 State Cu zip 80171 Osrrrev /nJnvieaayimr Name !Wells Fargo Bank, N A Name Phone (303j 656 5200 _ _..._.. Address 5601 S. Broadway, Suite 400 City Littleton Stets t _.� r-- Zp 80121 Ccnlacf /nfmrxva/riarf � —' Name Eric Checkal Name Phone (303) 300-5335 Address 8480 E. Orchard Rd., Suite 6900 City 'Greenwood Village _� State CO Zip `80-1-11- .._______._. Proyec P 1A&V d&W Address 3298 Street Youn field & 12525 W. 32nd Ave. City y Wheat Ridge State CO Zip 80033 Location Description Project Name Regency Centers __.._._ Parcel o Qtr Section District No ___—_----- Parcel No. 39.292.00.009 Qtr Section: NW29 District No.: III 3929200009 3929211021 Reviews Pre -App Date Review Type Public Hearing First Reading Public Hearing Dnpos�sharvr Case Disposition Conditions of Approval 4/25/2014 Neighborhood Meeting Date 8/5/20143! App No: APP1420 Review Body Review Date Disposition Comments Res # Ord # (�. PC 0 ] CC [� !.J CC I-] Disposition Date 1-7 -J Report 1 0 J ] ` Notes I Status open--__ . Storage: