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HomeMy WebLinkAboutSUP-17-04City of Wheat I�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO January 26, 2018 Donald A. Grove Subapros 4901 Ward Road Wheat Ridge, CO 80033 Dear Mr. Grove: 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of January 8, 2018, City Council APPROVED Case No. SUP -17-04, a request for approval of a Special Use Permit to allow major automotive repair, service, paint and body work in a Commercial -One (C 1) zone district for property located at 11072 West 44th Avenue and 4380 Pierson Street 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 proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. With the following conditions: 1. Landscaping improvements along the W 44th Avenue frontage and at the corner with Pierson Street will be required before a certificate of occupancy may be issued, including: a) A four -foot fence along the north property line to screen the parking area, b) Irrigation and plant material in the existing +800 -square foot bed at the northwest corner, and c) Maintenance of the existing +-square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E. 12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six-foot high solid fence. The Special Use Permit shall be granted to the applicant, Subapros and shall not be transferred or assigned. 4. No new buildings will be erected on this site; approval of this SUP only authorizes renovations to existing buildings. www.ci.w heatridge.co. u s If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant cc: SUP -17-04 (case file) SUP 1704.doc CITY OF WHEAT RIDGE, COLORADO Resolution No. 03 Series of 2018 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP-17-041SUBAPROS) WHEREAS, Chapter 26, Articles I and 1V of the Wheat Ridge Code of Laws establish the procedures for the City's review and approval of special use permits; and, WHEREAS, an application for a Special Use Permit has been received from SubaPros to allow a major automotive repair facility in a C-1 zone district located at 11072 W. 44th Avenue and 4380 Pierson Street; and WHEREAS, the request for a Special Use Permit began as an administrative process which registered written objections after the neighborhood meeting, requiring a City Council public hearing; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a January 8, 2018 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT FOR PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. And with the following conditions: Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a certificate of occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, 2 K 4. b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 -square foot bed at the northeast corner and along the east property line. Pursuant to Section 26-502.E. 1 2.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy- two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six -foot -high solid fence. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. No new buildings will be erected on this site; approval of this SUP only authorizes renovations to existing buildings. DONE AND RESOLVED this 8t" day of January 2018. 0� IN HE, A, U SEAUn ATTEST: y� A _ ,11 r c000RP��/ le Shaver, City Clerk Bud Starker, Mayor City of Wheat e ITEM NO: 5. DATE: January 8, 2018 -�9 P REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2018 - A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP-17- 04/SUBAPROS) ® PUBLIC HEARING ❑ ORDINANCES FOR 11T READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING N RESOLUTIONS QUASI-JUDICIAL: N YES ❑ NO Community Dev opment Director City Manager ISSUE: The applicant is requesting approval of a Special Use Permit (SUP) to allow a major automotive repair facility at 11072 W. 44`h Avenue and 4380 Pierson Street. The property is zoned Commercial -One (C-1). The case was initiated as an administrative review; however written objections to the application were received during the public notice period. When objections are received, the special use request is required to be considered by City Council at a public hearing. PRIOR ACTION: The applicant attended the required pre -application meeting on October 19, 2017 and required neighborhood meeting on November 8, 2017. A formal application was received on November 17, 2017 and the 10 -day public posting occurred from November 29 to December 8. There has been no previous action by any City board or commission on this application. Council Action Form — SUP SubaPros January 8, 2018 Page 2 FINANCIAL IMPACT: One-time fees in the amount of $520 were submitted with the application. BACKGROUND: Existing Conditions The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44th Avenue. To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are held under one ownership and being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (21 acres) and the existing structure on the property was built in 1958. At some point it was converted from a house to a commercial space. The four lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently used as a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records and land cases, it has been operating as such under various licenses since the 1970s. It is fenced and includes 35 parking spaces. Special Use Request The applicant is proposing to use the existing buildings on the site to operate a Subaru repair facility. The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain a new paint booth. The building at the east end of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. In general, the structures which would include major auto repair functions are located in buildings which are closer to 441 Avenue. The applicant has plans to make cosmetic upgrades to the site, including new roofs, exterior paint, interior renovations, and re -paving the parking area, which is in poor condition. The impetus for relocating to this site is that the applicant wishes to own their facility, rather than continue to lease in their current location in unincorporated Jefferson County. The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. Council Action Form — SUP SubaPros January 8, 2018 Page 3 Per City Code, the City Council shall use the criteria in Section 26-114 of the code to evaluate the applicant's request for a Special Use Permit. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions, referral comments, and public comment received to date. As detailed in the attached staff report, staff is ultimately recommending approval of this request. RECOMMENDED MOTION: "I move to approve Resolution No. 03-2018, a resolution approving a Special Use Permit to allow the operation of a major automotive repair facility in the Commercial -One (C-1) zone district located at 11072 W. 44h Avenue and 4380 Pierson Street for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. With the following conditions: 1. Landscaping improvements along the W. 44a' Avenue frontage and at the corner with Pierson Street will be required before a certificate of occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 -square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E. 12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six- foot -high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. Or, "I move to deny Resolution No. 03-2018, a resolution approving a Special Use Permit to allow the operation of a major automotive repair facility in the Commercial -One (C-1) zone district located at 11072 W. 44h Avenue and 4380 Pierson Street for the following reason(s): 1. 2. Council Action Form — SUP SubaPros January 8, 2018 Page 4 and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planning Technician Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 03-2018 2. Staff report with exhibits CITY OF WHEAT RIDGE, COLORADO Resolution No. 03 Series of 2018 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP-17-04/SUBAPROS) WHEREAS, Chapter 26, Articles I and IV of the Wheat Ridge Code of Laws establish the procedures for the City's review and approval of special use permits; and, WHEREAS, an application for a Special Use Permit has been received from SubaPros to allow a major automotive repair facility in a C-1 zone district located at 11072 W. 44th Avenue and 4380 Pierson Street; and WHEREAS, the request for a Special Use Permit began as an administrative process which registered written objections after the neighborhood meeting, requiring a City Council public hearing; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a January 8, 2018 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT FOR PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. And with the following conditions: Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a certificate of occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, ATTACHMENT 1 b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 -square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12J of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy- two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six -foot -high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. DONE AND RESOLVED this 8th day of January 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk City of Wheat R 0dge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE: December 29, 2017 CASE MANAGER: Scott Cutler CASE NO. & NAME: SUP -17-04 / SubaPros ACTION REQUESTED: Approval of a Special Use Permit to allow a major automotive repair facility in the Commercial -One (C-1) zone district. LOCATION OF REQUEST: 11072 W. 44' Avenue & 4380 Pierson Street APPLICANT (S): Don Grove & Peter Kula, SubaPros APPROXIMATE AREA: 61,202 square feet (1.41 acres) PRESENT ZONING: Commercial -One (C-1) PRESENT LAND USE: Office/warehouse (vacating soon) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Location Map ATTACHMENT 2 Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to review this case. I. REQUEST Case No. SUP -17-04 is an application by SubaPros to operate a major automotive repair facility on property zoned Commercial -One (C-1) and located at 11072 W. 40 Avenue and 4380 Parfet Street (Exhibit 1, Aerial). The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district allows "minor auto repair" facilities as a use by right, but requires a Special Use Permit (SUP) for "major auto repair" facilities. Minor auto repair is defined as: Auto detail shops, tune-up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, and alignment services. Major auto repair is defined as: Tire recapping, major mechanical repair shops, body work and painting, engine repair, and transmission repair. Much of the applicant's services fall under minor auto repair, but as full-service Subaru specialists, SubaPros works on engines and transmissions, performs body work, and paints vehicles, all of which fall under major auto repair, and require a SUP. Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for Special Use Permits without a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owner by letter notice and the site has been posted for at least ten (10) days; 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criterial for approval, as set forth below, are substantially complied with and support the request. The request started as an administrative application considered by the Community Development Director but because written objections were received during the public noticing period, it is being forwarded to City Council for a public hearing. II. EXISTING CONDITIONS The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44th Avenue (Exhibit 2, Zoning). To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and City Council Case No. SUP -17-04 / SubaPros 2 Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are held under one ownership and being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (21 acres) and the existing structure on the property was built in 1958. At some point it was converted from a house to a commercial space. The four lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently used as a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records and land cases, it has been operating as such under various licenses since the 1970s. It is fenced and includes 35 parking spaces. III. CASE ANALYSIS The applicant is proposing to use the existing buildings on the site (Exhibit 3, Site Plan). The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain a new paint booth. The building at the east end of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. In general, the structures which would include major auto repair functions are located in buildings which are closer to 44`h Avenue. The site is currently being vacated by the existing tenant, the Western Hydro Corporation, and is largely unused at this point (Exhibit 4, Site Photos). The applicant has plans to make cosmetic upgrades to the site, including new roofs, exterior paint, interior renovations, and re -paving the parking area, which is in poor condition. The impetus for relocating to this site is that the applicant wishes to own their facility, rather than continue to lease in their current location in unincorporated Jefferson County. The proposed operating hours are Monday through Friday 7:30am to 6:00pm. According to the applicant, some work is occasionally completed after 6:00pm, but not every day, and that work is only done inside buildings. According to the City of Wheat Ridge Tax & Licensing Division and land use case records, the site has been home to the Western Hydro Corporation since 2003, and was home to another similar use, Pumps Inc. from at least 1975 to 2003. Western Hydro is a wholesale supplier of pumps and groundwater drilling supplies. Their operating hours are 8:00am to 5:00pm, Monday through Friday. In 2012, the City received a complaint for excessive weeds on the property, when it was under occupancy by the Western Hydro Corporation. The case has since been closed. Commercial re -roof permits were pulled for the subject properties on November 29, 2017, by the applicant with permission from the current property owner. City Council Case No. SUP -17-04 / SubaPros IV. CRITERIA FOR REVIEW The City Council shall use the following criteria from Section 26-114 to evaluate each application for a Special Use Permit. The applicant has provided their analysis of the application's compliance with the SUP criteria (Exhibit 5, Criteria Response). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. It will utilize existing structures, with existing parking, utilities, and functional space. The proposed use of the building during the week may temporarily increase traffic in the area during the mornings and evenings when vehicles are being dropped off for repairs. This potential for a brief and slight increase in traffic does not constitute a threat to the general health, welfare and safety of the community. It is possible there are some negative externalities due to noise from tools, lifts and body work, and odor from the paint booth. However, these uses will be internal to the site and take place indoors. Paint booths are subject to stringent filtration standards. As noted above, the structures which would include major auto repair functions are located in buildings which are closer to 440' Avenue and are buffered from adjacent residential uses by parking or structures with lower intensity uses. Jefferson County Environmental Health Services, part of Jefferson County Public Health, was referred on the application and had no objections. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The special use will not create or contribute to blight in the neighborhood. The site is currently home to a vacating business and is poorly maintained. The applicant has noted that the buildings will be renovated, including a re -roof and exterior paint, and that landscaping will be installed along W. 44a' Avenue and at the corner with Pierson Street. The parking areas will also be repaved with asphalt. Renovated buildings and upgraded site conditions will enhance the curb appeal of the site. Conditions that would otherwise create blight, such as inoperable vehicles and auto parts storage, will be located behind the screening fence in the interior courtyard, and inside buildings. Staff finds this criterion has been met. City Council Case No. SUP -17-04 / SubaPros 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. As described above, the C-1 zone allows for minor automotive repair facilities as a use by - right, which includes tune-up shops and lubrications services. The proposed major auto repair is unlikely to have impacts significantly greater than the auto uses which are allowed under the current zoning. The proposed use is not only consistent with the zoning but also with nearby uses. W. 44''' Avenue includes many auto -related uses, including four in the immediate vicinity: Merkl's Automotive to the northeast (minor auto repair), Auto Reflections to the west (major auto repair), Four To Go to the east (ATV dealership), and Fast Vintage to the north (auto sales). The C-1 zoning allows for a wide variety of uses and building types, including office buildings up to 50 feet tall and lumber yards, which arguably would contribute to a greater change of neighborhood character than the proposed use. Staff finds this criterion has been met 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. As stated in Criterion #1, the proposed operating hours may cause a temporary small increase in traffic in the area during the mornings and evenings when vehicles are being dropped off for repairs. However, customers will not all arrive or pick up at the same time, minimizing potential traffic impacts. W. 44h Avenue is classified as a minor arterial with over 11,000 vehicles per day, and the proposed use is not expected to have an impact on this roadway. The access points on Pierson and Parfet are not proposed to change from the current conditions. Both of these local streets are dead ends because of Clear Creek to the south, so there is very little chance customers and employees would be driving through adjacent neighborhoods. Customer parking and employee parking will both be off-street, with employee parking taking place behind fencing and internal to the site. The site has ample parking and a significant amount of internal space, including an internal access drive. The site plan provided by the applicant (Exhibit 3) indicates the proposed locations of parking and site access. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent property owners. The property has nonconformities which Staff has requested be brought closer into compliance with current standards. The site does not meet current landscaping standards, including the buffer width between the right-of-way and parking lot along W. 44a' Avenue. The condition of City Council Case No. SUP -17-04 / SubaPros the existing landscaping is poor, and Staff has requested new landscaping and screening be put in place. The site has existing paved parking and site access from all three street frontages. While some of the parking arrangements do not meet current City codes—parking areas that are directly perpendicular to the right-of-way are now prohibited—the applicant is not required to correct those existing conditions. The applicant also noted that they would re -pave the parking areas. As the applicant is not proposing any building changes and is keeping existing screening and parking areas in place, the property would continue to be in character with the surrounding neighborhood. Furthermore, the building has been in place since 1950, and the pumps facility has been operating since at least 1975. As noted above, the use is consistent with the commercial character of W. 44th Avenue and similar to other auto -oriented uses already existing along the corridor. Staff finds this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The special use is not expected to overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities, as it will function out of an existing structure and site. Utility agencies have noted they can serve the site and its proposed uses. Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant is currently in the process of purchasing the site in order to relocate from their rented facility in unincorporated Jefferson County, and does not have a code enforcement history in the City. The have complied with the entitlement process. The applicant initiated a pre -application meeting request and was in attendance at the neighborhood meeting. The current tenant of the building, Western Hydro Corporation, received a complaint in 2012 for weeds, which was handled through Code Enforcement. However, this complaint is unrelated to the current applicant. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The applicant has noted plans to improve the property, but will not be required to meet the standards in the Architectural and Site Design Manual since no new construction on the site is proposed. City Council Case No. SUP -17-04 / SubaPros Staff finds this criterion is not applicable. V. AGENCY REFERRAL Referrals were sent to impacted agencies. Their responses are below. Wheat Ridge Public Works: No comments or concerns. Wheat Ridge Building Division: No comments or concerns. Permits will be required for future work on the property (tenant finish, roofing upgrades, etc). Wheat Ridge Economic Development: No comments or concerns. Wheat Ridge Police Department: No concerns or concerns. Arvada Fire Protection District: Arvada Fire can serve the property and has requested construction plans be submitted directly to the Fire District for review and approval prior to issuance of future building permits. A suppression system may be required for the paint booth, pending additional information. Valley Water District: The district can continue to serve the property. Fruitdale Sanitation District: No comments or concerns. Jefferson County Environmental Health: Has no objections. However, the applicant must contact the Colorado Department of Public Health and Environment (CDPHE) regarding a Hazardous Materials Spill Management Plan and Air Pollution Control requirements for the auto repair/paint booth operations. Xcel Energy: An existing electric transmission line and associated easement crosses the northeast corner of the property. Any activity including grading, landscaping, erosion control or similar activities involving the existing right-of-way will require Public Service Company approval. Comcast: No comments or concerns. VI. PUBLIC NOTICING A required neighborhood meeting was held on November 8, 2017. Nine residents and property owners from the neighborhood attended the meeting. A summary of the meeting and discussion is included in Exhibit 6, Neighborhood Meeting. Pursuant to the requirements of Section 26-114, special use applications can be approved administratively after a ten-day noticing period if no legitimate objections are received. During the ten- day public notification period, staff received three letters of objection (Exhibits 7-9, Letters). One objection was from a property owner immediately to the south of the subject property. Staff also received telephone calls from each of the residents who submitted the letters. City Council Case No. SUP -17-04 /SubaPros Since objections were received, the Community Development Director forwarded the request to the City Council to review and decide upon at a public hearing. Three primary concerns were raised in the letters received: 1. Drainage: The resident who submitted Letter #1 (Exhibit 7) raised concerns about the site draining onto their property and potential contamination from the vehicles parked on site. The drainage issue is an existing condition that has presumably been in place for decades. Because the applicant is not modifying impervious surface or expanding the existing footprint of buildings on the site, they are not required by code to correct drainage issues or install new drainage facilities. 2. Pollution: Letter #2 (Exhibit 8), and to a lesser extent, Letter #1, raised concerns about auto repair shop pollution and potential air and water contamination. The site will be subject to a building inspection before a Certificate of Occupancy can be issued, and must meet all current building codes. The business will also be subject to State and Federal regulations regarding waste and pollution. Staff cannot presume the business will fail to comply with State and Federal regulations, and it must meet local regulations before being permitted to operate. Further, the application was referred to Jefferson County Environmental Health who had no objections to the proposal. 3. Adherence to the Comprehensive Plan: Letter #3 (Exhibit 9) suggests that the proposed use is inconsistent with the City's Comprehensive Plan (2009) and Fruitdale Subarea Plan (2007). The Comprehensive Plan is a high level policy document, and is not a document that Staff refers to when reviewing business licenses or Special Use Permits. Staff reviews Special Use Permits for compliance with the applicable review criteria in Section 26-114 of the City Code which do not reference the Comprehensive Plan. The Comprehensive Plan is always referred to if a rezoning is proposed for a site. The City does not mandate or deny the use of specific parcels based on the Comprehensive Plan. VII. STAFF CONCLUSIONS AND RECOMMENDATION Having found the application for Case No. SUP -17-04 / SubaPros — a Special Use Permit to allow the operation of a major auto repair facility in the Commercial -One (C-1) zone district — to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the special use request for the following reasons: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. 3. The special use will not create adverse impacts greater than allowed under the existing C-1 zoning for the property. 4. The special use will not result in undue traffic congestion or traffic hazards on W. 44t1i Avenue, Pierson, or Parfet Streets and there is no proposed change to the orientation of parking and access. 5. The existing property design has been in place since at least 1975, including setbacks, heights, parking, bulk, buffering, screening and landscaping. It is compatible with the character of the surrounding areas and is proposed to be cosmetically upgraded by the applicant. City Council Case No. SUP -17-04 / SubaPros 6. The proposed use is compatible with the commercial character of W. 44th Avenue and similar to other existing auto -oriented uses. 7. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 8. There is a history of compliance by the applicant with Code requirements and City processes. 9. No objections from referral agencies have been received. 10. Major auto repair activities are located in buildings that are buffered from adjacent residential uses by parking or lower intensity buildings. With the following conditions: 1. Landscaping improvements along the W. 44h Avenue frontage and at the corner with Pierson Street will be required before a Certificate of Occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six -foot - high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. City Council Case No. SUP -17-04 /SubaPros ,.64.!& . W heat Picge , t' Geographic Information Systems Legend W. Subject Property r•. — cl r, - } f �1 Fi 1 f -- J%�THAAT* ----� z y , x ... - Z ii L U) lfttiaa, t OW.- tt rt s 3 w. Siete Glare Coordinate Projection N n Cal e:aIt. Cantrd Zone Datum: MAD83 r • � f �ra�ar M n -. •.. � ble � r.a away N. ` v City COU Case No. EXHIBIT 1: AERIAL 110 %f"city A W heat R�i gte Geographic Information Systems Leciend ® Subject Property Commercial -One (C-1) Restricted Commercial (RC) Agricultural -One (A-1) Residential -Two (R-2) Residential -Three (R-3) Planned Residential Development (PRD) ---44TKF`L i C -43RD;tAVE i 4. state Plane Coordinate Protection N Colorado Central Znne I, Datum. NAD83 N City Cou Case No. EXHIBIT 2: ZONING MAP ' 1 44th & Pierson FOR SALE Wheat Ridge, CO 80033 PARKING : OFFICES1°` ..rte ENG I� ,PARKING Y Q PARTS SHOPSHOP 0 � - 93' W ..A o -- R PARKING _ ,t 10 �s EXHIBIT 4: SITE PHOTOS City Council Case No. SUP -17-04 /SubaPros 13 A view of the W. 44b Avenue frontage showing the existing RTD bus stop and parking lot. The parking area is proposed to be repaved. The applicant noted they would also clean up the landscaping buffer. A view looking northeast from Pierson Street at the 4380 Pierson Street parcel, with an existing converted home that is now an office. The barn -like building in the distance is proposed to be the body shop. City Council Case No. SUP -17-04 / SubaPros 14 City Council Case No. SUP -17-04 / SubaPros 15 EXHIBIT 5: CRITERIA RESPONSE SubaPros Inc. 1. The special use will not have a detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood A: The special use permit will be in line with the automotive paint and body shop to the west of property, 4x4 dealer/repair on the east side of the property and the automotive dealer on the north side of 44th. Our presence in the neighborhood would not be any detrimental than existing neighboring properties and their uses. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. A: The entire 1.4(+/-) acre site is entirely fenced and view from the public of internal property operations is not seen. 95% of daily business operations will be conducted behind property fencing/borders. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. A: The property is currently zoned C-1 permitting automotive use. Our use under SUP allows property use under the "full use" category. The special use will not be any different properties/business surrounding property. 4. The special use will not result in undue traffic congestion or traffic hazards or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. A: The SUP permit will not create negative traffic impact for several reasons. 1. Off street for customer parking. 2. Employee parking will be behind fencing to the internal property. 3. Customers pick up/drop off usually 1-3 people at a time and don't arrive/leave at the same time. 4. Outside vendors are few and schedule at different times of month. These will minimize traffic impact to the area. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping so as to be in harmony and compatible with the character of the surrounding area and neighborhood. Especially with adjacent properties. A: Yes. Property has been in place for many decades. 6. The special use will not overburden the capacities of the existing street, utilities, parks, schools and other public facilities and services. City Council Case No. SUP -17-04 / SubaPros 16 A: The properties incoming power, street access, building placement, yard layout all are in harmony with the use requested. 7. Is there a history of compliance by the applicant and/or property owner with code requirements and prior conditions, if any, regarding the subject property. A: Unknown. City may have additional information City Council Case No. SUP -17-04 / SubaPros 17 EXHIBIT 6: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: November 8, 2017 Attending Staff: Zack Wallace Mendez, Planner II Scott Cutler, Planning Technician Location of Meeting: Wheat Ridge Municipal Building Property Address: 11072 W. 44�h Avenue & 4380 Pierson Street Property Owner(s): Haderer Trustees Applicant: Peter Kula, SubaPros Inc. (under contract to purchase) Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44h Avenue. To the north and south of W. 44a' Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 441 Avenue. The site consists of four parcels, three of which are located along W. 44`h Avenue and addressed as 11072 W. 40 Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are being sold together. According to the Jefferson County Assessor, 11072 W. 44�h Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958, which at some point was converted from a house to a commercial space. The lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records, it has been operating as such since at least 1999, but the actual start date is not available. It is fenced and includes 35 parking spaces. City Council Case No. SUP -17-04 / SubaPros 18 Applicant Preliminary Proposal: The applicant is proposing to buy both the W. 44th Avenue and Pierson Street portions, and move their business, SubaPros, from unincorporated Jefferson County into Wheat Ridge. SubaPros is an independently owned auto repair company that specializes in Subaru repairs. They have proposed their various business operations to take place in the existing structures. The primary structure, at the corner of 44a' and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain the paint booth. The building at the east of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. The applicant has not proposed major modifications to the existing buildings, except for roof and siding repair, plus whatever upgrades building and fire codes may require. The applicant noted they are improving the landscaping per staff request. The applicant is currently under contract for all four parcels. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 9 residents and property owners from the neighborhood attended the meeting; see attached sign-up sheets. • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the process for the Special Use Permit. • Staff discussed the site, its zoning and future land use. • Staff answered some preliminary questions regarding the Special Use Permit process and the reasons why a Special Use Permit is required. • The applicant presented their proposal for the site. • Both Staff and the applicant answered questions from the attending neighbors, related to use, operation, City Codes and policies, and the City's guiding documents. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the SUP request and proposed development: • The applicant noted that they need to improve the site and address deferred maintenance, and that the improvements process and SUP are all wrapped into the purchasing process. • The applicant noted the buildings are steel construction and need to be insulated to make them hospitable for employees. • The applicant noted they typically process 6-12 vehicles per day, and that most vehicles are in and out of the shop within a day. • A neighbor noted they drove by the current SubaPros facility near Golden and saw 15-20 vehicles parked on the premises. SubaPros stated they occasionally buy cars from customers and work to restore them over the long-term. A labor shortage has slowed the ability to get rid of cars, but the current cars parked there will be moved out. The new property will not have cars parked on the premises City Council Case No. SUP -17-04 /SubaPros 19 long-term, and there is more space internal to the site which will help with storage. The existing fence will help screen parking on the property. What are the operating hours? Regular hours are 7:30am to 6: 06pm on Monday through Friday. Some work is occasionally wrapped up after 6: 06pm, but not every day, and that work is only done inside buildings. • How will the body shop affect an existing auto body business in the area? SubaPros does not specialize in body work and doesn't plan to increase that side of their business. The applicant noted they work within their existing Subaru customer base, and if expansions of the customer base occur, it would be for mechanical work. The small size of the paint booth and body shop is limiting in terms of how many customers may be served. The applicant noted their primary operations are oil changes, suspension repair, wheel bearing repair, and engine repair. • How does the paint booth smell? Paint booths are subject to stringent filtering requirements by building codes and other regulations. This usually does not eliminate odors but it minimizes them. The City has requested the paint booth be moved internal to the site to avoid operating immediately adjacent to neighbors. • What are the plans for the building at 4380 Pierson Street? The Pierson Street building is part of the property sale, but the applicant does not currently have plans for this facility. • Why is SubaPros investing in a new facility if there are no expansion plans? New customers are gained through referral, and they have a high retention rate among existing customers. The applicant noted they are currently renting a facility, and would like to own their facility instead. • A neighbor expressed concern about noise, traffic, chemicals/pollutants, and disruption to the neighborhood feel. They also pointed out other issues in the surrounding area that were unrelated to the SUP application, including concerns related to Prospect Park and a massage parlor on the north side of 44a' Avenue. The applicant responded to these concerns and noted that employees and customers would not be driving into the neighborhood, just accessing the site from Pierson Street for drop-offs mostly between 7: 30am and 9: 30am. He also noted the site would be clearly marked so customers would not unintentionally drive further into the neighborhood. • A neighbor noted that the Commercial -One (C-1) zoning allows a wide range of uses. Staff confirmed this observation, and noted that minor auto repair would be allowed on the site without a Special Use Permit. • Neighbors were discussing concerns with other existing auto -related businesses on 40' Avenue. The applicant noted that there may be some misconceptions about car repair. They provide routine maintenance and do not focus on performance enhancements or "souping up" cars. • Where would pick-up and drop-off be located? Cars would be dropped off at the main building on the corner, in the existing parking area along Pierson Street. Cars waiting for pickup would be parked in the parking area along W. 40 Avenue. No change is proposed to access locations. • Are there proposals for lighting? The applicant noted that some improvements would be required, but no intensive security lights are proposed. The applicant would prefer not to run lights overnight in order to save money on energy bills. City Council Case No. SUP -17-04 / SubaPros 20 • Neighbors asked the applicant and staff how the SubaPros operations fit into the Envision Wheat Ridge Comprehensive Plan and the Fruitdale Subarea Plan, which calls for mixed-use development along the corridor. There was concern that as a single use, the subject property was not complying with the mixed-use vision. The applicant was not aware of the plan documents. Staff noted that the plans are guiding documents and the City could not deny any commercial use allowed by zoning on 44' Avenue because the Fruitdale Subarea plan states the corridor as a whole should be mixed- use. The adopted plans are considerations for zone changes, but not part of the criteria for SUPS (criteria were provided on the handouts). • How many employees does SubaPros have? They currently have 9 employees, including the administration. • What landscaping improvements will be done? The applicant noted the City is requiring the existing landscape buffers along W. 44th Avenue and at the corner with Pierson Street be improved with new plantings. The applicant has plans to re plant as well as re pave the site as the current asphalt is substandard. There are also plans to repair the existing roof, and the applicant is working with the sellers to do so. • How much waste is generated by the facility? Where is trash picked up? Neighbors expressed concerns about the potential for illegal dumping into the storm sewer system. The site will have a dumpster, which will be screened behind the existing fence along the east side of the W. 44th Avenue frontage. All oil used on site is recycled, and waste oil is sometimes burned for heat, which is an EPA approved process. Waste coolant and coolant mix leaves the site to be disposed of. Nothing will be disposed of into drains or the sewage system. Spills are cleaned with products such as Floor Dry or PIG absorbent mats. Operational disposal is regulated by building codes and other regulations. • Are new buildings proposed? No, just renovating existing buildings. • What is the construction timeline and nature of improvements? The construction timeline partially depends on the SUP process. Improvements proposed are insulation and electrical work, interior lighting, roofing, paving, exterior painting, and potential drainage reconfiguration. • The neighbor to the south alleged the subject property drains onto her property. • A neighbor was concerned about the back -out parking that exists on Pierson Street. Staff noted that the City does not currently allow this type of back -out parking adjacent to the right-of-way on new projects, but since there is not new construction, the existing arrangement may continue. City Council Case No. SUP -17-04 / SubaPros 21 EXHIBIT 7: LETTER #1 December 7 2017 Community Development Director City of Wheat Ridge, Colorado RE: Case No. SUP -17-04 To Whom It May Concern: mce&ed I - I a -<X,-- 1 �7 1 This letter is to serve as my additional comments/concerns regarding the Special Use Permit application submitted by SubaPros Repair Facility pertaining to the property at 11072 W 44`s Avenue & Pierson Street in Wheat Ridge, CO. I, personally, am neither for nor against said permit application. I would, however, like you to give my concerns ample attention and consideration so that this is addressed and a plan in place to fix these issues prior to this Special Use Permit being approved. As a bordering neighbor of the property in question, I did attend the Neighborhood Meeting on Wednesday, November 8, 2017; however, the question I posed at the time was neither addressed, nor answered. If you will look at page 4 of your Neighborhood Meeting Notes, the next to the last question posed said, "The neighbor to the south alleged the subject property drains onto her property." The property in question does, in fact, drain onto my property — whether it be from a hard rain, or snow melt, or from someone simply rinsing off the pavement of dirt and grime. This is a very real concern of mine, especially if this Special Use Permit is granted for a "major auto service, repair and maintenance shop" which has derelict vehicles sitting on the property, whether waiting to be repaired or being used for parts or to be "fixed up". As these vehicles leak various fluids onto the ground, it follows through, with the current drainage patterns, that said fluids will be flowing, draining or dripping onto my property, where I have animals that would be negatively affected by same. I feel that this issue alone violates your Criteria for Review [ 1] — the special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. Another point I would like addressed are the photos I am attaching of their current facility and "yard" where they have derelict vehicles parked in the lot, as well as a huge mountain of scrap tires piled between their two buildings. I do not believe this would be in compliance with the City of Wheat Ridge's codes. This may or may not be their future plan, but it would seem that this would be in direct violation of your Criteria for Review [2] — the special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. City Council Case No. SUP -17-04 /SubaPros 22 Please feel free to contact me with any questions you may have for me. Respectfully, Julie Rochel 4351 Parfet St Wheat Ridge, CO 80033 720-366-7797 City Council Case No. SUP -17-04 /SubaPros 23 City Council Case No. SUP -17-04 / SubaPros 24 EXHIBIT 8: LETTER #2 To City of Wheat Ridge 12/07/17 Property Address: 11072 W. 44th Avenue & 4380 Pierson Street Case SUP -17-04 (sign difficult to read) I am writing in regards to the public notice for property at 11072 W 44th Ave. SubaPro to obtain license or to be allowed to move to above noted location. regards to the public notice for property at 11072 W 44th Ave. My concerns are noise disturbance, light pollution, noise pollution and environmental pollution, all of which negatively affects residents home life, enjoyment and safety of their home, street, neighborhood and surrounding parks and wildlife. Neighborhoods and the city parks are located next door, down the street and less than % a mile away. First I am issuing a complaint in regards to how the Neighborhood Meeting Notes were written. The notes written by the city were in favor of Subapro and did not correctly reflect the concerns of the attendees. More importantly the City of Wheat Ridge, wrote the notes, as if the information provided by SubaPro was proven facts. Example, EPA has approved the waste oil burners. This is not a correct or factual statement, there are multiple factors when using waste oil burners, and types etc. and not everything is approved. Also, Wheat Ridge left out multiple concerns brought up by the attendees of the neighborhood. For instance I brought up pollution, water pollution and danger to the wildlife. Not noted. Also, the notes stated that they recycle the waste oil and only burn sometimes. Subapro does not recycle any waste oil, they use it in waste oil burners per what the representative stated to us at the meeting. I vote against allowing SubaPro to move in to this location and/or receive the special permit/license for the following reasons. 1- Noise Issues: These are our homes, we live next door and down the street to this property. We have the right to quite enjoyment/livability per Colorado State Statutes. There will be excessive noise pollution due to the repair shops actual function. They will be using drills, doing car repairs, working on vehicles, new and damaged vehicles, we will hear the constant noise from impact wrenches, pneumatic tools, hydrolytic lifts, waste oils collection, trash collections, vehicle parking, and vehicle storage. We have a right to quite livability and enjoyment per Colorado state law. The traditional definition of noise is "unwanted or disturbing sound". Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one's quality of life. Studies have shown that there are direct links between noise and health. Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health effects. Prolonged and excessive exposure to noise results in long term harm to your hearing. This is irreversible, once you lose your hearing that's it - it's gone! It accelerates the normal hearing loss we get as we grow older and can cause a permanent sensation of ringing in the ears, known as tinnitus. Less -obvious side effects such as increased pulse rate, blood pressure and breathing rate indicate that noise (and vibration) causes stress. The Noise Effects Handbool�. Office of Noise Abatement and Control, US EPA 2 - SubaPro stated they burned waste vehicle oil, and other toxic fluids, such as vehicle cooling fluids, etc. Waste oil in not the best way to reuse oils. Recycling is the best way due to the shortage of fossil fuels. Per the Environmental Protection Agency rules that went into effect in 2010/2011 City Council Case No. SUP -17-04 / SubaPros 25 Unlike heating oil, waste oil can contain numerous hazardous materials that enter our air when burned per EPA, the smell is not removed per EPA. Even if unburned, waste oil can harm the environment. Proper disposal is crucial. The smell is not removed when burning and creates an odor nuisance issue. The chemicals found in auto body shops, that people ought not to be exposed to are still used in auto body work. Common solvents are xylene, acetone, alcohol, and sometimes NMP, for example Acetone can cause dizziness and irritate the nose, throat, lungs and eyes. What pollutants are in waste oil smoke? Waste oil varies in its components, based on how it was used. Often, waste oil contains toxic heavy metals that will be released into the air if burned as fuel. Any fuel that is not designated by EPA as safe to burn (such as heating oil, a safe alternative to waste oil,) may contain harmful air toxics. All waste oil must be tested before it can be burned safely and legally. Here is an example of possible pollutants from waste oil combustion and their standards taken from Allegheny County Health Department Rules and Regulations Article XXI §2105.31: Arsenic I5 ppm maximum Cadmium 12 ppm maximum Chromium r 10 ppm maximum Lead I 1100 ppm maximum PCB's i j 5 ppm maximum Ash ! 0.3 % maximum Bottom Sediment and Water i 2.0 % maximum A study was done by multiple agencies, including the EPA, in conjunction with research colleges. They found the below to be pollution issues of Auto Repair shops. Auto Repair Shops Pollution - In many communities, auto repair shops represent the largest generators of hazardous waste among small businesses. These repair shops have the potential to generate pollution in the vicinity due to the following main activities: • Handling of chemicals may generate environmental pollution (auto repair pollution) through activities associated with usual repair work such as the replacement of auto parts, the cleaning and dismantling of engine and other car components, painting, and even through the regular change of fluids (e.g., oil, transmission fluid). These repair activities introduce or have the potential to City Council Case No. SUP -17-04 / SubaPros 26 through accidental spills or leaks, as well as through volatilization of the auto repair solvents during regular handling activities. Waste -generating and management also have the potential to pollute the environment since the generated waste may be spilled or can leak from storage containers. Additionally, improper waste management involving inappropriate auto repair pollution disposal may also account for environmental pollution at and around auto repair shops. Examples of generated waste include the replaced auto fluids or the used cleaning solvents. These wastes pose a health threat to humans and environment, if they are spilled or not properly collected and disposed of. The main categories of auto shop pollution and associated individual chemicals/pollutants include, but it is not limited, to: Auto Repair Pollution Solvents Auto repair pollution solvents — these are organic solvents used in degreasing/cleaning operations. These are volatile compounds (they transition from a liquid into a gaseous phase under normal temperature and pressure). Examples of such organic solvents are: ® Chlorinated solvents which are usually highly toxic in small amounts and highly resistant to environmental degradation (thus persisting in the environment); examples of chlorinated solvents used (mainly in cleaning and degreasing activities) in auto repair shops are: o — probably the most common chlorinated solvent used in auto shops o Carbon tetrachloride (CT) o Methylene chloride v ® Petroleum hydrocarbons (contain only carbon and hydrogen) are usually less toxic and more degradable in the environment as compared to chlorinated solvents. Examples of the most commonly used petroleum solvents include: o Toluene o Xylene OD Other organic solvents — may be less toxic and more degradable than both chlorinated and petroleum solvents and are preferred to those; the most common example is: o Methyl ethyl ketone (MEK) City Council Case No. SIP -17-04 / SubaPros 27 Auto Shop Pollution Fluids Auto shop pollution fluids — include the used replaced engine oil, transmission and brake fluids. These fluids are oil based (organic chemicals such as motor oil or hydraulic oil composed of a mixture of hydrocarbons with elevated boiling point and known under the generic name of heavy petroleum distillates) and may contain a series of toxic heavy metals. The heavy metals usually leak in the auto fluids from a series of parts (such as welds, radiators or other engine components) during normal vehicle operation. Thus concrete contaminants associated with auto pollution fluids include: • Heavy oil distillates (e.g., motor oil, hydraulic fluid) • Blended oils and glycol solutions (constitute transmission and brake fluids) • Heavy metals — various with the engine fluid Auto Repair Pollution Antifreeze Auto repair pollution antifreeze — is represented by the coolant fluids, which contain: • Ethylene glycol (poisonous to animals and humans) • Pb may leach and contaminate the coolant fluid Auto Repair Pollution Washers Auto repair pollution washers — is generated through washing cars and auto parts. The washing fluid (usually water) contains: • oils • heavy metals and other contaminants from cars; • detergents Auto Repair Pollution Refrigerants Auto repair pollution refrigerants - refrigerants used in air conditioning systems consists mainly in: + CFC -12 (Freon 12) was used as refrigerant in cars before 1995, while it is currently banned since it was found to destroy the ozone layer; City Council Case No. SUP -17-04 /SubaPros 28 • HFC -134 more recently used — it does not affect the ozone layer but it is a greenhouse gas, which is why replacements are investigated Auto Shop Pollution Paints Auto shop pollution paints —the auto paints contain a series of organic solvents, of which commonly used is: Methyl ethyl ketone (MEK) — this is many times the solvent of choice due to its high volatility and relative high solubility in water. If higher amounts accumulate in the environment, MEK may travel over higher distances with groundwater due to its solubility. Thus, a possibility always exists for this contaminant to spread in the surrounding areas and possibly contaminate neighboring properties (usually within 2 mile of an auto repair shop) Auto Repair Pollution Rags Auto repair pollution rags— their improper environmental disposal/storage may result in pollution of the surrounding environment. These rugs usually are contaminated with: • Oils (heavy distillates such as motor oil or hydraulic fluids) • Heavy metals (a suite of metals could leach from the engine parts) Old Replaced Auto Battery Pollution Old replaced auto battery pollution — split or broken batteries constitute an environment hazard and should be handled as hazardous waste. This is due to their content of: • Acid solutions • Pb Auto Repair Pollution Losses Auto repair pollution losses — last but not least, spills and leaks may occur during the repair work or normal storage of cleaning solvents, paints, engine fluids, etc. City Council Case No. SUP -17-04 / SubaPros 29 3 — When reviewing the current Subapro property, multiple items were seen on their campus, multiple used cars, multiple repair cars, salvage cars, oil spills, antifreeze spills, dirty storage areas and improper handling of vehicle parts and fluids. 4 — Water Pollution potential Cars and trucks leave "car dirt", this is bits of tires, brakes, and rusty metal. This increases exponentially at auto repair facilities. Cars and trucks leave oil, grease, and transmission fluid stains on driveways and parking lots. Cars also collect leaking oils and other fluids and can accumulate other "road dirt." Less visible are the tiny exhaust particles that gradually settle out of the air or come down with rain or snow. What happens to the "car dirt," "road dirt," and oils and fluids when it rains or snows? Rain and melting snow wash these pollutants off the vehicles, parking lots and repair facilities. This "car dirt" flow across the pavement, down the gutter, into storm drains, and ultimately into our waterways. Five quarts of waste oil can create an oil slick the size of two football fields or pollute a million gallons of drinking water. Antifreeze is very poisonous to people and animals. Because of its sweet taste and smell, antifreeze may attract children or pets and other animals. Drinking only three ounces may kill an adult and even less will kill children or pets and wildlife. Phosphates in soap are a form of fertilizer that causes excess weed and/or algae growth. Weeds and algae decompose and consume oxygen needed by fish, frogs, and crayfish. Even on nice days, polluted water continues to flow out of storm sewers. These scenarios are real and negatively affect the environment. Near this area are waterways and classified wetlands. 5 — Prospect Park is less than Y a mile away from this property. It houses protected migratory birds and other wildlife, including owls, hawks, deer, rabbits, etc. Noise pollution, light pollution and environmental pollutions affect daily biochemistry, physiology, behaviors and daily rhythms of wildlife, the circadian clock thus having negative effects on the health of ecosystem. 6 — The area in which this company wants to move is turning into a car zone, with a spa across the street where sexual acts are performed for pay. The cities plan was to make this area a combination food, art, shops, activity area City Council Case No. SUP -17-04 /SubaPros 30 going down the mains streets to beautify and positively grow Wheat Ridge. Our neighborhood is starting to look like a ghetto. The adult store down the street, football field to close to homes causing major noise issues soon, the hotel by the park, including the new storage building on Youngfield and 441h are all contributing to the decrease in home value in our neighborhoods and again making it look more like a dirty industrial section of the inner city. Recent waives of graffiti have been showing up, which typically shows in more industrial looking streets and areas as well. In the three mile vicinity near us, there has been at least four vehicle thefts in the last few months. With another car lot, repair shop theft can increase and there is more of a chance of this occurring. Our homes become more visible due to the influx of people scoping out potential areas to rob and to the increased traffic and cliental, add that with the sex parlor across the street and it becomes less safe for families, residents and children. I again, vote against the special permit or allowing this company to move in. Melissa Lawrence--- - 4260 Pierson Street Wheat Ridge Co 80033 melissafreedom @yahoo.com City Council Case No. SUP -17-04 / SubaPros 31 EXHIBIT 9: LETTER #3 Re case # SUP -17-04 special use permit for major auto repair. Comment opposing special use permit Submitted by Tom Parchman and Elizabeth Smith, 4255 Parfet St. 12/8/2017 Attention Wheat Ridge Community Development Director. We live within sight of the properties which are the subject of this case and we strongly oppose the issuance of a special use permit for major auto repair at the proposed location. A major auto repair facility, especially one of this size, (over 60,000 square feet) will harm the surrounding neighborhoods, hamper redevelopment of the neighborhood commercial center at 44`h and Parfet and de -rail the positive momentum created by the new Fruitdale School Lofts. As the authors of the Fruitdale Subarea Plan recognized, Fruitdale is a unique area with great potential. The Fruitdale Lofts, Parkside, and Owens Park, all desirable residential developments, are located less than two blocks from the subject property at 11072 W. 44`h Ave. and 4380 Pierson Street. Along with the aforementioned quality housing, there are well maintained office buildings with stable tenants (engineers, attorneys and and federal government workers.) In addition, both Prospect Park and the Wheat Ridge Historical Park are less than three blocks away. Horse properties are interspersed throughout. All of these are land uses consistent with the Fruitdale Subarea Plan. All of these uses benefit the Fruitdale community and all make it a wonderful place in Wheat Ridge. A major auto repair facility spanning the south side of 44"' Ave. from Parfet St. to Pierson will detract from the neighborhood's assets and hobble efforts toward achieving the goals stated in the Fruitdale Subarea Plan. A maior auto repair facility is a bad fit for Fruitdale. Fruitdale is a relatively small area "[B]ounded by 1-70 on the north, Lee Street on the east, Clear Creek to the south and just west of Tabor Street to the west." Wheat Ridge Comprehensive Plan (WRCPJ); Fruitdale Sub Area Plan. Page 4 of the Fruitdale Subarea Plan states: "West 44`h Avenue in the Fruitdale Sub -Area has the potential to become a unique corridor in the City of Wheat Ridge.... The area is tucked into a protected corner of the City nestled along the Clear Creek Open Space and has retained elements of the City's historical and agricultural heritage.... The Plan recommends embracing this agricultural heritage by encourar�iny a gardening theme for businesses alono the corridor. The Sub -area is the home of Prospect Park, City Council Case No. SUP -17-04 / SubaPros 32 the largest of the City Parks, and also the unique Historical Park. Both of the facilities are great assets to the area...." (emphasis ours) The proposed use is incompatible with the goal of adding a sense of place and destination to an area defined by Prospect Park, the Historical Park and the Clear Creek Open Space. It is also incompatible with embracing Fruitdale's agriculture heritage and encouraging the gardening theme. Fruitdale in general, and the area surrounding 11072 W. 44th and 4380 Pierson in particular, have seen great improvement over the last twenty years. This momentum needs to be further encouraged with appropriate development. A large repair facility at this location will discourage the high quality, owner occupied residences and the neighborhood businesses suggested by the sub area plan. Although the Fruitdale Lofts, Parkside, Owens Park and newly built or restored homes in the area proposed for the special use permit fit the WRCP definition of an "established area", the neighborhood still has challenges it must overcome before it can meet the goals stated in the area sVb plan. The neighborhood has some problems consistent with the W.R.C.P's definition of a "revitalization area": There are uses inconsistent with established zoning (an industrial vehicle business located in a residential zone and rental housing in a commercial area). Over all, there are more rental properties than is healthy for the neighborhood as well as some poorly maintained homes. In addition, there are run down commercial properties, vacant commercial properties, a "massage parlor", and a "vape lodge" along 44th Ave. The WRCP characterizes a "revitalization area" as one with "Increasing incompatibility of uses.... Less stable than established neighborhoods (eg. increasing maintenance problems, higher crime rates, lower rates of owner occupancy.)" The addition of the large auto repair facility planned for 11072 W. 44th Ave and 4380 Pierson St. will exacerbate these problems and hamper revitalization. II.. A major auto repair facility is a bad fit for a neighborhood commercial center. The Wheat Ridge Comprehensive Plan [WRCP] designates the intersection of 44th and Parfet St. as a "Neighborhood Commercial Center". At page 30, the WRCP states: "Neighborhood Commercial Centers will feature small clusters of businesses and mixed -uses to serve neighborhood needs (at residential, neighborhood scale), offer unique niche business opportunities and add a "sense of place" and destination within distinct neighborhoods." The neighborhood commercial center at 44th Ave and Parfet St. needs mixed uses that serve local residents. Approval of the special use in question will not meet that need. The intersections of 44th and Parfet and 44th and Pierson are already saturated with motor vehicle businesses. At the 44th and Parfet intersection there is an auto repair shop on the N.E. corner (Merkles), and a vehicle accessories shop selling ATVs and snowmobiles on the S.E corner (Four to Go). At the S.W. corner of 441h and Pierson there is an auto body shop (Reflections). If a special use permit for major auto repair is granted for the both the S.W. corner of 44th and Parfet and the S.E corner of 40' and Pierson, those two intersections City Council Case No. SUP -17-04 / SubaPros 33 will have four motor vehicle facilities and a massage parlor. ( The notorious "King 7 Spa" is located on the N. E. corner of Pierson St.) Locating a large auto repair facility, covering over 60,000 sq. ft., will make any mixed uses and "businesses serving the neighborhood at a residential, neighborhood scale" impossible: There will be no spaces for other types of businesses at this neighborhood commercial center, Moreover, the proposed use is incompatible with the goal of "add[ing] a sense of place and destination" to an area defined by Prospect Park, the Historical Park and the Clear Creek Open Space, and with embracing the area's agriculture heritage and encouraging the gardening theme. Pursuant to the WRCP, page 30, the goals for the intersection of 44`h Ave and Parfet St., as a neighborhood commercial center, are: ELU 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." ELU 4: "Increase the diversity of the land uses." ELU 5: "Revitalize key redevelopment areas" NH 2: "Increase housing options." NH 3: "Increase investment and stability in Neighborhood Revitalization Areas." NH 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." SF 1: "Establish and maintain a resilient sustainable tax base." It is important to note that according to the WRCP, the strategy to achieve SF 1 is "Focus on attracting strong households and a healthy mix of ages within the community." (WRCP p. 97). SF 4: "Create a Healthy and Active Community" Approval of a special use permit for a major auto repair facility will not increase the diversity of land use. It will not lead to more single family owner occupied homes. It will not attract retail development, other than another motor vehicle oriented business. It will not revitalize a commercial area that needs to be revitalized. Because it will discourage owner occupied housing, it will not increase stability in the neighborhood or attract strong households and a healthy mix of ages in the community. Only a greater variety of quality retail establishments will help to reach these goals. Approval of this special use permit will instead hinder any creation of a true neighborhood commercial center 44`h and Parfet. Also, it will not create the kind of atmosphere that encourages increased visits to Prospect Park and the Wheat Ridge Historical Park. A coffee shop, small market or hot dog/ice cream place and a place for lunch would do that. City Council Case No. SUP -17-04 / SubaPros 34 III. A maior auto repair facility is a poor fit with an up and coming residential area. The quality of housing in the residential areas surrounding the proposed special use site is improving. Within the last five years a million dollar home has been built on what was previously and junk yard on Parfet St. south of 44`h- Also on Parfet, a home that was once an eye sore and a health hazard (no working furnace, non-functioning septic system, junk strewn yard filled with tall weeds, no trash or garbage removal and animal feces throughout the home and the yard) has been gutted and transformed into a beautiful house with a well landscaped lot. Other new home owners with children have moved in on Parfet and made improvements as well. On both Parfet and Pierson streets south of 44`h longtime residents have kept large homes on big lots well maintained. Desireble housing such as that described above is present in the area in addition to the Fruitdale Lofts, Owen's Park and Parkside developments. While Fruitdale in general, and the area surrounding 11072 W. 44th and 4380 Pierson in particular, have made great strides recently, this momentum needs to be encouraged with appropriate and the area needs more improvement. A large repair facility will discourage the high quality owner occupied residences and neighborhood businesses identified in the sub area plan. Although the Fruitdale Lofts, Parkside, Owens Park and newly built or restored homes in the area proposed for the special use permit fit the WRCP definition of an "established area", the neighborhood has challenges it must overcome before the goals stated in the area sub plan can be met. A large major auto repair facility at the proposed location does not fit with a high quality residential area, especially because there is no buffer between the proposed special use properties and the homes between there and Clear Creek. The large buildings, and security lighting present at the site can be seen from back yards of most if not all residences on both Pierson and Parfet streets south of 44`h. The noise and fumes, as well as the light pollution and the increased traffic generated by an auto repair facility of this size will be a nuisance for all of the residents, especially in the summer when repair bay doors are open. Use of the subject properties for a major auto repair facility will not lead to an increase in property values and it will discourage further investment in single family, owner occupied housing homes in the immediate area. For the reasons stated above, and for the future of our neighborhood, we strongly urge you to reject the special use permit associated with Case #SUP -17-04., City Council Case No. SUP -17-04 / SubaPros 35 City of 9rWh46atPs,,Ldge we] CASE MANAGER: CASE NO. & NAME ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT City Council DATE: December 29, 2017 Scott Cutler SUP -17-04 / SubaPros Approval of a Special Use Permit to allow a major automotive repair facility in the Commercial -One (C-1) zone district. LOCATION OF REQUEST: 11072 W. 44" Avenue & 4380 Pierson Street APPLICANT (S): Don Grove & Peter Kula, SubaPros APPROXIMATE AREA: 61,202 square feet (1.41 acres) PRESENT ZONING: Commercial -One (C-1) PRESENT LAND USE: Office/warehouse (vacating soon) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Location Map Site 1 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to review this case. I. REQUEST Case No. SUP -17-04 is an application by SubaPros to operate a major automotive repair facility on property zoned Commercial -One (C-1) and located at 11072 W. 441 Avenue and 4380 Parfet Street (Exhibit 1, Aerial). The C -I zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district allows "minor auto repair" facilities as a use by right, but requires a Special Use Permit (SUP) for "major auto repair" facilities. Minor auto repair is defined as: Auto detail shops, tune-up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, and alignment services. Major auto repair is defined as: Tire recapping, major mechanical repair shops, body work and painting, engine repair, and transmission repair. Much of the applicant's services fall under minor auto repair, but as full-service Subaru specialists, SubaPros works on engines and transmissions, performs body work, and paints vehicles, all of which fall under major auto repair, and require a SUP. Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for Special Use Permits without a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owner by letter notice and the site has been posted for at least ten (10) days; 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criterial for approval, as set forth below, are substantially complied with and support the request. The request started as an administrative application considered by the Community Development Director but because written objections were received during the public noticing period, it is being forwarded to City Council for a public hearing. II. EXISTING CONDITIONS The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44th Avenue (Exhibit 2, Zoning). To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and City Council Case No. SUP -17-04 / SubaPros Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are held under one ownership and being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958. At some point it was converted from a house to a commercial space. The four lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently used as a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records and land cases, it has been operating as such under various licenses since the 1970s. It is fenced and includes 35 parking spaces. III. CASE ANALYSIS The applicant is proposing to use the existing buildings on the site (Exhibit 3, Site Plan). The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain a new paint booth. The building at the east end of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. In general, the structures which would include major auto repair functions are located in buildings which are closer to 44th Avenue. The site is currently being vacated by the existing tenant, the Western Hydro Corporation, and is largely unused at this point (Exhibit 4, Site Photos). The applicant has plans to make cosmetic upgrades to the site, including new roofs, exterior paint, interior renovations, and re -paving the parking area, which is in poor condition. The impetus for relocating to this site is that the applicant wishes to own their facility, rather than continue to lease in their current location in unincorporated Jefferson County. The proposed operating hours are Monday through Friday 7:30am to 6:00pm. According to the applicant, some work is occasionally completed after 6:00pm, but not every day, and that work is only done inside buildings. According to the City of Wheat Ridge Tax & Licensing Division and land use case records, the site has been home to the Western Hydro Corporation since 2003, and was home to another similar use, Pumps Inc. from at least 1975 to 2003. Western Hydro is a wholesale supplier of pumps and groundwater drilling supplies. Their operating hours are 8:00am to 5:00pm, Monday through Friday. In 2012, the City received a complaint for excessive weeds on the property, when it was under occupancy by the Western Hydro Corporation. The case has since been closed. Commercial re -roof permits were pulled for the subject properties on November 29, 2017, by the applicant with permission from the current property owner. City Council Case No. SUP -17-04 /SubaPros IV. CRITERIA FOR REVIEW The City Council shall use the following criteria from Section 26-114 to evaluate each application for a Special Use Permit. The applicant has provided their analysis of the application's compliance with the SUP criteria (Exhibit S, Criteria Response). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. It will utilize existing structures, with existing parking, utilities, and functional space. The proposed use of the building during the week may temporarily increase traffic in the area during the mornings and evenings when vehicles are being dropped off for repairs. This potential for a brief and slight increase in traffic does not constitute a threat to the general health, welfare and safety of the community. It is possible there are some negative externalities due to noise from tools, lifts and body work, and odor from the paint booth. However, these uses will be internal to the site and take place indoors. Paint booths are subject to stringent filtration standards. As noted above, the structures which would include major auto repair functions are located in buildings which are closer to 44t1i Avenue and are buffered from adjacent residential uses by parking or structures with lower intensity uses. Jefferson County Environmental Health Services, part of Jefferson County Public Health, was referred on the application and had no objections. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The special use will not create or contribute to blight in the neighborhood. The site is currently home to a vacating business and is poorly maintained. The applicant has noted that the buildings will be renovated, including a re -roof and exterior paint, and that landscaping will be installed along W. 441' Avenue and at the corner with Pierson Street. The parking areas will also be repaved with asphalt. Renovated buildings and upgraded site conditions will enhance the curb appeal of the site. Conditions that would otherwise create blight, such as inoperable vehicles and auto parts storage, will be located behind the screening fence in the interior courtyard, and inside buildings. Staff finds this criterion has been met. City Council Case No. SUP -17-04 /SubaPros 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. As described above, the C-1 zone allows for minor automotive repair facilities as a use by - right, which includes tune-up shops and lubrications services. The proposed major auto repair is unlikely to have impacts significantly greater than the auto uses which are allowed under the current zoning. The proposed use is not only consistent with the zoning but also with nearby uses. W. 44th Avenue includes many auto -related uses, including four in the immediate vicinity: Merkl's Automotive to the northeast (minor auto repair), Auto Reflections to the west (major auto repair), Four To Go to the east (ATV dealership), and Fast Vintage to the north (auto sales). The C-1 zoning allows for a wide variety of uses and building types, including office buildings up to 50 feet tall and lumber yards, which arguably would contribute to a greater change of neighborhood character than the proposed use. Staff finds this criterion has been met 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. As stated in Criterion #1, the proposed operating hours may cause a temporary small increase in traffic in the area during the mornings and evenings when vehicles are being dropped off for repairs. However, customers will not all arrive or pick up at the same time, minimizing potential traffic impacts. W. 44th Avenue is classified as a minor arterial with over 11,000 vehicles per day, and the proposed use is not expected to have an impact on this roadway. The access points on Pierson and Parfet are not proposed to change from the current conditions. Both of these local streets are dead ends because of Clear Creek to the south, so there is very little chance customers and employees would be driving through adjacent neighborhoods. Customer parking and employee parking will both be off-street, with employee parking taking place behind fencing and internal to the site. The site has ample parking and a significant amount of internal space, including an internal access drive. The site plan provided by the applicant (Exhibit 3) indicates the proposed locations of parking and site access. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent property owners. The property has nonconformities which Staff has requested be brought closer into compliance with current standards. The site does not meet current landscaping standards, including the buffer width between the right-of-way and parking lot along W. 44th Avenue. The condition of City Council Case No. SUP -17-04 /SubaPros the existing landscaping is poor, and Staff has requested new landscaping and screening be put in place. The site has existing paved parking and site access from all three street frontages. While some of the parking arrangements do not meet current City codes—parking areas that are directly perpendicular to the right-of-way are now prohibited—the applicant is not required to correct those existing conditions. The applicant also noted that they would re -pave the parking areas. As the applicant is not proposing any building changes and is keeping existing screening and parking areas in place, the property would continue to be in character with the surrounding neighborhood. Furthermore, the building has been in place since 1950, and the pumps facility has been operating since at least 1975. As noted above, the use is consistent with the commercial character of W. 44th Avenue and similar to other auto -oriented uses already existing along the corridor. Staff finds this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The special use is not expected to overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities, as it will function out of an existing structure and site. Utility agencies have noted they can serve the site and its proposed uses. Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant is currently in the process of purchasing the site in order to relocate from their rented facility in unincorporated Jefferson County, and does not have a code enforcement history in the City. The have complied with the entitlement process. The applicant initiated a pre -application meeting request and was in attendance at the neighborhood meeting. The current tenant of the building, Western Hydro Corporation, received a complaint in 2012 for weeds, which was handled through Code Enforcement. However, this complaint is unrelated to the current applicant. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The applicant has noted plans to improve the property, but will not be required to meet the standards in the Architectural and Site Design Manual since no new construction on the site is proposed. City Council Case No. SUP -17-04 / SubaPros 6 Staff finds this criterion is not applicable. V. AGENCY REFERRAL Referrals were sent to impacted agencies. Their responses are below. Wheat Ridge Public Works: No comments or concerns. Wheat Ridge Building Division: No comments or concerns. Permits will be required for future work on the property (tenant finish, roofing upgrades, etc). Wheat Ridge Economic Development: No comments or concerns. Wheat Ridge Police Department: No concerns or concerns. Arvada Fire Protection District: Arvada Fire can serve the property and has requested construction plans be submitted directly to the Fire District for review and approval prior to issuance of future building permits. A suppression system may be required for the paint booth, pending additional information. Valley Water District: The district can continue to serve the property. Fruitdale Sanitation District: No comments or concerns. Jefferson County Environmental Health: Has no objections. However, the applicant must contact the Colorado Department of Public Health and Environment (CDPHE) regarding a Hazardous Materials Spill Management Plan and Air Pollution Control requirements for the auto repair/paint booth operations. Xcel Energy: An existing electric transmission line and associated easement crosses the northeast corner of the property. Any activity including grading, landscaping, erosion control or similar activities involving the existing right-of-way will require Public Service Company approval. Comcast: No comments or concerns. VI. PUBLIC NOTICING A required neighborhood meeting was held on November 8, 2017. Nine residents and property owners from the neighborhood attended the meeting. A summary of the meeting and discussion is included in Exhibit 6, Neighborhood Meeting. Pursuant to the requirements of Section 26-114, special use applications can be approved administratively after a ten-day noticing period if no legitimate objections are received. During the ten- day public notification period, staff received three letters of objection (Exhibits 7-9, Letters). One objection was from a property owner immediately to the south of the subject property. Staff also received telephone calls from each of the residents who submitted the letters. City Council Case No. SUP -17-04 / SubaPros 7 Since objections were received, the Community Development Director forwarded the request to the City Council to review and decide upon at a public hearing. Three primary concerns were raised in the letters received: 1. Drainage: The resident who submitted Letter #1 (Exhibit 7) raised concerns about the site draining onto their property and potential contamination from the vehicles parked on site. The drainage issue is an existing condition that has presumably been in place for decades. Because the applicant is not modifying impervious surface or expanding the existing footprint of buildings on the site, they are not required by code to correct drainage issues or install new drainage facilities. 2. Pollution: Letter #2 (Exhibit 8), and to a lesser extent, Letter #1, raised concerns about auto repair shop pollution and potential air and water contamination. The site will be subject to a building inspection before a Certificate of Occupancy can be issued, and must meet all current building codes. The business will also be subject to State and Federal regulations regarding waste and pollution. Staff cannot presume the business will fail to comply with State and Federal regulations, and it must meet local regulations before being permitted to operate. Further, the application was referred to Jefferson County Environmental Health who had no objections to the proposal. 3. Adherence to the Comprehensive Plan: Letter #3 (Exhibit 9) suggests that the proposed use is inconsistent with the City's Comprehensive Plan (2009) and Fruitdale Subarea Plan (2007). The Comprehensive Plan is a high level policy document, and is not a document that Staff refers to when reviewing business licenses or Special Use Permits. Staff reviews Special Use Permits for compliance with the applicable review criteria in Section 26-114 of the City Code which do not reference the Comprehensive Plan. The Comprehensive Plan is always referred to if a rezoning is proposed for a site. The City does not mandate or deny the use of specific parcels based on the Comprehensive Plan. VII. STAFF CONCLUSIONS AND RECOMMENDATION Having found the application for Case No. SUP -17-04 / SubaPros — a Special Use Permit to allow the operation of a major auto repair facility in the Commercial -One (C-1) zone district — to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the special use request for the following reasons: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. 3. The special use will not create adverse impacts greater than allowed under the existing C-1 zoning for the property. 4. The special use will not result in undue traffic congestion or traffic hazards on W. 44h Avenue, Pierson, or Parfet Streets and there is no proposed change to the orientation of parking and access. 5. The existing property design has been in place since at least 1975, including setbacks, heights, parking, bulk, buffering, screening and landscaping. It is compatible with the character of the surrounding areas and is proposed to be cosmetically upgraded by the applicant. City Council Case No. SUP -17-04 /SubaPros 6. The proposed use is compatible with the commercial character of W. 44th Avenue and similar to other existing auto -oriented uses. 7. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 8. There is a history of compliance by the applicant with Code requirements and City processes. 9. No objections from referral agencies have been received. 10. Major auto repair activities are located in buildings that are buffered from adjacent residential uses by parking or lower intensity buildings. With the following conditions: 1. Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a Certificate of Occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six -foot - high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. City Council Case No. SUP -17-04 /SubaPros 9 -/�?irty of ', "4;qw- Wh,&altf<l!jge .f Geographic Information Systems to Legend Q Subject Property ! LL-._ Li ...T "TWAVE t,M { F F' j w =i ' Z pO• 1 �'- 0 rY 1 CL LL i n ro +>o Slate Plaro Coordinate Projection N Cobrado Carxral Z— A Datum: NAD83 N 43RD Ciry COU Case No. EXHIBIT 1: AERIAL 110 City of W heat R�Oge Geographic Information Systems Legend Subject Property Commercial -One (C-1) Restricted Commercial (RC) Agricultural -One (A-1) Residential -Two (R-2) Residential -Three (R-3) Planned Residential Development (PRD) Q UAII ---44TH PL- L►�Y-L°J State Plane Co Id.l%ate Prq.t,on N Colorado Ce, _ Zone A Datum: NAD83 N City Cou Case No. EXHIBIT 2: ZONING MAP i I 44th & Pierson Wheat Ridge, CO 80033 i 0 FOR SALE L 300' f4 4�FF, PARKING OFFICES. 'f Z" r 2 09 Y ENG ., �� 2RARKING G PARTS ' SHOPSHOP lYd�lsy 931 PARKING W f. N 102',, 4 EXHIBIT 4: SITE PHOTOS City Council Case No. SUP -17-04 / SubaPros 13 A view of the W. 44h Avenue frontage showing the existing RTD bus stop and parking lot. The parking area is proposed to be repaved. The applicant noted they would also clean up the landscaping buffer. A view looking northeast from Pierson Street at the 4380 Pierson Street parcel, with an existing converted home that is now an office. The barn -like building in the distance is proposed to be the body shop. City Council Case No. SUP -17-04 / SubaPros 14 City Council Case No. SUP -17-04 / SubaPros 15 EXHIBIT 5: CRITERIA RESPONSE SubaPros Inc. 1. The special use will not have a detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood A: The special use permit will be in line with the automotive paint and body shop to the west of property, 40 dealer/repair on the east side of the property and the automotive dealer on the north side of 44th. Our presence in the neighborhood would not be any detrimental than existing neighboring properties and their uses. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. A: The entire 1.4(+/-) acre site is entirely fenced and view from the public of internal property operations is not seen. 95% of daily business operations will be conducted behind property fencing/borders. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. A: The property is currently zoned C-1 permitting automotive use. Our use under SUP allows property use under the "full use" category. The special use will not be any different properties/business surrounding property. 4. The special use will not result in undue traffic congestion or traffic hazards or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. A: The SUP permit will not create negative traffic impact for several reasons. 1. Off street for customer parking. 2. Employee parking will be behind fencing to the internal property. 3. Customers pick up/drop off usually 1-3 people at a time and don't arrive/leave at the same time. 4. Outside vendors are few and schedule at different times of month. These will minimize traffic impact to the area. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping so as to be in harmony and compatible with the character of the surrounding area and neighborhood. Especially with adjacent properties. A: Yes. Property has been in place for many decades. 6. The special use will not overburden the capacities of the existing street, utilities, parks, schools and other public facilities and services. City Council Case No. SUP -17-04 /SubaPros 16 A: The properties incoming power, street access, building placement, yard layout all are in harmony with the use requested. 7. Is there a history of compliance by the applicant and/or property owner with code requirements and prior conditions, if any, regarding the subject property. A: Unknown. City may have additional information City Council Case No. SUP -17-04 /SubaPros 17 EXHIBIT 6: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: November 8, 2017 Attending Staff: Zack Wallace Mendez, Planner II Scott Cutler, Planning Technician Location of Meeting: Wheat Ridge Municipal Building Property Address: 11072 W. 44`h Avenue & 4380 Pierson Street Property Owner(s): Haderer Trustees Applicant: Peter Kula, SubaPros Inc. (under contract to purchase) Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located along W. 44' Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44th Avenue. To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 40 Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958, which at some point was converted from a house to a commercial space. The lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records, it has been operating as such since at least 1999, but the actual start date is not available. It is fenced and includes 35 parking spaces. City Council Case No. SUP -17-04 / SubaPros 18 Applicant Preliminary Proposal: The applicant is proposing to buy both the W. 44h Avenue and Pierson Street portions, and move their business, SubaPros, from unincorporated Jefferson County into Wheat Ridge. SubaPros is an independently owned auto repair company that specializes in Subaru repairs. They have proposed their various business operations to take place in the existing structures. The primary structure, at the corner of 44`h and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain the paint booth. The building at the east of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. The applicant has not proposed major modifications to the existing buildings, except for roof and siding repair, plus whatever upgrades building and fire codes may require. The applicant noted they are improving the landscaping per staff request. The applicant is currently under contract for all four parcels. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 9 residents and property owners from the neighborhood attended the meeting; see attached sign-up sheets. • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the process for the Special Use Permit. • Staff discussed the site, its zoning and future land use. • Staff answered some preliminary questions regarding the Special Use Permit process and the reasons why a Special Use Permit is required. • The applicant presented their proposal for the site. • Both Staff and the applicant answered questions from the attending neighbors, related to use, operation, City Codes and policies, and the City's guiding documents. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the SUP request and proposed development: • The applicant noted that they need to improve the site and address deferred maintenance, and that the improvements process and SUP are all wrapped into the purchasing process. • The applicant noted the buildings are steel construction and need to be insulated to make them hospitable for employees. • The applicant noted they typically process 6-12 vehicles per day, and that most vehicles are in and out of the shop within a day. • A neighbor noted they drove by the current SubaPros facility near Golden and saw 15-20 vehicles parked on the premises. SubaPros stated they occasionally buy cars from customers and work to restore them over the long-term. A labor shortage has slowed the ability to get rid of cars, but the current cars parked there will be moved out. The new property will not have cars parked on the premises City Council Case No. SUP -17-04 /SubaPros 19 long-term, and there is more space internal to the site which will help with storage. The existing fence will help screen parking on the property. • What are the operating hours? Regular hours are 7: 30am to 6: 00pm on Monday through Friday. Some work is occasionally wrapped up after 6: 06pm, but not every day, and that work is only done inside buildings. • How will the body shop affect an existing auto body business in the area? SubaPros does not specialize in body work and doesn't plan to increase that side of their business. The applicant noted they work within their existing Subaru customer base, and if expansions of the customer base occur, it would be for mechanical work. The small size of the paint booth and body shop is limiting in terms of how many customers may be served. The applicant noted their primary operations are oil changes, suspension repair, wheel bearing repair, and engine repair. • How does the paint booth smell? Paint booths are subject to stringent filtering requirements by building codes and other regulations. This usually does not eliminate odors but it minimizes them. The City has requested the paint booth be moved internal to the site to avoid operating immediately adjacent to neighbors. • What are the plans for the building at 4380 Pierson Street? The Pierson Street building is part of the property sale, but the applicant does not currently have plans for this facility. • Why is SubaPros investing in a new facility if there are no expansion plans? New customers are gained through referral, and they have a high retention rate among existing customers. The applicant noted they are currently renting a facility, and would like to own their facility instead. • A neighbor expressed concern about noise, traffic, chemicals/pollutants, and disruption to the neighborhood feel. They also pointed out other issues in the surrounding area that were unrelated to the SUP application, including concerns related to Prospect Park and a massage parlor on the north side of 44a' Avenue. The applicant responded to these concerns and noted that employees and customers would not be driving into the neighborhood, just accessing the site from Pierson Street for drop-offs mostly between 7:30am and 9:30am. He also noted the site would be clearly marked so customers would not unintentionally drive further into the neighborhood. • A neighbor noted that the Commercial -One (C-1) zoning allows a wide range of uses. Staff confirmed this observation, and noted that minor auto repair would be allowed on the site without a Special Use Permit. • Neighbors were discussing concerns with other existing auto -related businesses on 44th Avenue. The applicant noted that there may be some misconceptions about car repair. They provide routine maintenance and do not focus on performance enhancements or "souping up" cars. • Where would pick-up and drop-off be located? Cars would be dropped off at the main building on the corner, in the existing parking area along Pierson Street. Cars waiting for pickup would be parked in the parking area along W. 40 Avenue. No change is proposed to access locations. • Are there proposals for lighting? The applicant noted that some improvements would be required, but no intensive security lights are proposed. The applicant would prefer not to run lights overnight in order to save money on energy bills. City Council Case No. SUP -17-04 / SubaPros 20 • Neighbors asked the applicant and staff how the SubaPros operations fit into the Envision Wheat Ridge Comprehensive Plan and the Fruitdale Subarea Plan, which calls for mixed-use development along the corridor. There was concern that as a single use, the subject property was not complying with the mixed-use vision. The applicant was not aware of the plan documents. Staff noted that the plans are guiding documents and the City could not deny any commercial use allowed by zoning on 44`h Avenue because the Fruitdale Subarea plan states the corridor as a whole should be mixed- use. The adopted plans are considerations for zone changes, but not part of the criteria for SUPS (criteria were provided on the handouts). • How many employees does SubaPros have? They currently have 9 employees, including the administration. • What landscaping improvements will be done? The applicant noted the City is requiring the existing landscape buffers along W. 44`h Avenue and at the corner with Pierson Street be improved with new plantings. The applicant has plans to re plant as well as re pave the site as the current asphalt is substandard. There are also plans to repair the existing roof, and the applicant is working with the sellers to do so. • How much waste is generated by the facility? Where is trash picked up? Neighbors expressed concerns about the potential for illegal dumping into the storm sewer system. The site will have a dumpster, which will be screened behind the existing fence along the east side of the W. 44`hAvenue frontage. All oil used on site is recycled, and waste oil is sometimes burned for heat, which is an EPA approved process. Waste coolant and coolant mix leaves the site to be disposed of. Nothing will be disposed of into drains or the sewage system. Spills are cleaned with products such as Floor Dry or PIG absorbent mats. Operational disposal is regulated by building codes and other regulations. • Are new buildings proposed? No, just renovating existing buildings. • What is the construction timeline and nature of improvements? The construction timeline partially depends on the SUP process. Improvements proposed are insulation and electrical work, interior lighting, roofing, paving, exterior painting, and potential drainage reconfiguration. • The neighbor to the south alleged the subject property drains onto her property. • A neighbor was concerned about the back -out parking that exists on Pierson Street. Staff noted that the City does not currently allow this type of back -out parking adjacent to the right-of-way on new projects, but since there is not new construction, the existing arrangement may continue. City Council Case No. SUP -17-04 / SubaPros 21 EXHIBIT 7: LETTER #1 December 7 2017 Community Development Director City of Wheat Ridge, Colorado RE: Case No. SUP -17-04 To Whom It May Concern: r&CPJYeA I;t _S__)_"7 i This letter is to serve as my additional comments/concerns regarding the Special Use Permit application submitted by SubaPros Repair Facility pertaining to the property at 11072 W 44d' Avenue & Pierson Street in Wheat Ridge, CO. I, personally, am neither for nor against said permit application. I would, however, like you to give my concerns ample attention and consideration so that this is addressed and a plan in place to fix these issues prior to this Special Use Permit being approved. As a bordering neighbor of the property in question, I did attend the Neighborhood Meeting on Wednesday, November 8, 2017; however, the question I posed at the time was neither addressed, nor answered. If you will look at page 4 of your Neighborhood Meeting Notes, the next to the last question posed said, "The neighbor to the south alleged the subject property drains onto her property." The property in question does, in fact, drain onto my property — whether it be from a hard rain, or snow melt, or from someone simply rinsing off the pavement of dirt and grime. This is a very real concern of mine, especially if this Special Use Permit is granted for a "major auto service, repair and maintenance shop" which has derelict vehicles sitting on the property, whether waiting to be repaired or being used for parts or to be "fixed up". As these vehicles leak various fluids onto the ground, it follows through, with the current drainage patterns, that said fluids will be flowing, draining or dripping onto my property, where I have animals that would be negatively affected by same. I feel that this issue alone violates your Criteria for Review [ 1.] — the special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. Another point I would like addressed are the photos I am attaching of their current facility and "yard" where they have derelict vehicles parked in the lot, as well as a huge mountain of scrap tires piled between their two buildings. I do not believe this would be in compliance with the City of Wheat Ridge's codes. This may or may not be their future plan, but it would seem that this would be in direct violation of your Criteria for Review [2.] — the special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. City Council Case No. SUP -17-04 / SubaPros 22 Please feel free to contact me with any questions you may have for me. Respectfully, Julie Rochel 4351 Parfet St Wheat Ridge, CO 80033 720-366-7797 City Council Case No. SUP -17-04 / SubaPros 23 City Council Case No. SUP -17-04 / SubaPros 24 EXHIBIT 8: LETTER #2 To City of Wheat Ridge 12/07/17 Property Address: 11072 W. 44th Avenue & 4380 Pierson Street Case SUP -17-04 (sign difficult to read) -7r- 0 I am writing in regards to the public notice for property at 11072 W 44th Ave. SubaPro to obtain license or to be allowed to move to above noted location regards to the public notice for property M „� W 44th Ave. My concerns are noise disturbance, light pollution, noise pollution and environmental pollution, all of which negatively affects residents home life, enjoyment and safety of their home, street, neighborhood and surrounding parks and wildlife. Neighborhoods and the city parks are located next door, down the street and less than % a mile away. First I am issuing a complaint in regards to how the Neighborhood Meeting Notes were written. The notes written by the city were in favor of Subapro and did not correctly reflect the concerns of the attendees. More importantly the City of Wheat Ridge, wrote the notes, as if the information provided by SubaPro was proven facts. Example, EPA has approved the waste oil burners. This is not a correct or factual statement, there are multiple factors when using waste oil burners, and types etc. and not everything is approved. Also, Wheat Ridge left out multiple concerns brought up by the attendees of the neighborhood. For instance I brought up pollution, water pollution and danger to the wildlife. Not noted. Also, the notes stated that they recycle the waste oil and only burn sometimes. Subapro does not recycle any waste oil, they use it in waste oil burners per what the representative stated to us at the meeting. I vote against allowing SubaPro to move in to this location and/or receive the special permit/license for the following reasons. 1- Noise Issues: These are our homes, we live next door and down the street to this property. We have the right to quite enjoyment/livability per Colorado State Statutes. There will be excessive noise pollution due to the repair shops actual function. They will be using drills, doing car repairs, working on vehicles, new and damaged vehicles, we will hear the constant noise from impact wrenches, pneumatic tools, hydrolytic lifts, waste oils collection, trash collections, vehicle parking, and vehicle storage. We have a right to quite livability and enjoyment per Colorado state law. The traditional definition of noise is "unwanted or disturbing sound". Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one's quality of life. Studies have shown that there are direct links between noise and health. Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health effects. Prolonged and excessive exposure to noise results in longterm harm to your hearing. This is irreversible, once you lose your hearing that's it - it's gone! It accelerates the normal hearing loss we get as we grow older and can cause a permanent sensation of ringing in the ears, known as tinnitus. Less -obvious side effects such as increased pulse rate, blood pressure and breathing rate indicate that noise (and vibration) causes stress. The Noise Effect, dbook, Office of Noise Abatement and Control, US EPA 2 - SubaPro stated they burned waste vehicle oil, and other toxic fluids, such as vehicle cooling fluids, etc. Waste oil in not the best way to reuse oils. Recycling is the best way due to the shortage of fossil fuels. Per the Environmental Protection Agency rules that went into effect in 2010/2011 City Council Case No. SUP -17-04 /SubaPros 25 Unlike heating oil, waste oil can contain numerous hazardous materials that enter our air when burned per EPA, the smell is not removed per EPA. Even if unburned, waste oil can harm the environment. Proper disposal is crucial. The smell is not removed when burning and creates an odor nuisance issue. The chemicals found in auto body shops, that people ought not to be exposed to are still used in auto body work. Common solvents are xylene, acetone, alcohol, and sometimes NMP, for example Acetone can cause dizziness and irritate the nose, throat, lungs and eyes. What pollutants are in waste oil smoke? Waste oil varies in its components, based on how it was used. Often, waste oil contains toxic heavy metals that will be released into the air if burned as fuel. Any fuel that is not designated by EPA as safe to burn (such as heating oil, a safe alternative to waste oil,) may contain harmful air toxics. All waste oil must be tested before it can be burned safely and legally. Here is an example of possible pollutants from waste oil combustion and their standards taken from Allegheny County Health Department Rules and Regulations Article XXI §2105.31: Arsenic 5 ppm maximum Cadmium 2 ppm maximum Chromium 10 ppm maximum Lead 100 ppm maximum PCB's 5 ppm maximum Ash 0.3 % maximum Bottom Sediment and Water 2.0 % maximum A study was done by multiple agencies, including the EPA, in conjunction with research colleges. They found the below to be pollution issues of Auto Repair shops. Auto Repair Shops Pollution - In many communities, auto repair shops represent the largest generators of hazardous waste among small businesses. These repair shops have the potential to generate pollution in the vicinity due to the following main activities: + Handling of chemicals may generate environmental pollution (auto repair pollution) through activities associated with usual repair work such as the replacement of auto parts, the cleaning and dismantling of engine and other car components, painting, and even through the regular change of fluids (e.g., oil, transmission fluid). These repair activities introduce or have the potential to City Council Case No. SUP -17-04 /SubaPros 26 through accidental spills or leaks, as well as through volatilization of the auto repair solvents during regular handling activities. • Waste -generating and management also have the potential to pollute the environment since the generated waste may be spilled or can leak from storage containers. Additionally, improper waste management involving inappropriate auto repair pollution disposal may also account for environmental pollution at and around auto repair shops. Examples of generated waste include the replaced auto fluids or the used cleaning solvents. These wastes pose a health threat to humans and environment, if they are spilled or not properly collected and disposed of. The main categories of auto shop pollution and associated individual chemicals/pollutants include, but it is not limited, to: Auto Repair Pollution Solvents Auto repair pollution solvents — these are organic solvents used in degreasing/cleaning operations. These are volatile compounds (they transition from a liquid into a gaseous phase under normal temperature and pressure). Examples of such organic solvents are: • Chlorinated solvents which are usually highly toxic in small amounts and highly resistant to environmental degradation (thus persisting in the environment); examples of chlorinated solvents used (mainly in cleaning and degreasing activities) in auto repair shops are: o — probably the most common chlorinated solvent used in auto shops o Carbon tetrachloride (CT) o Methylene chloride 0 • Petroleum hydrocarbons (contain only carbon and hydrogen) are usually less toxic and more degradable in the environment as compared to chlorinated solvents. Examples of the most commonly used petroleum solvents include: o Toluene o Xylene • Other organic solvents — may be less toxic and more degradable than both chlorinated and petroleum solvents and are preferred to those; the most common example is: o Methyl ethyl ketone (MEK) City Council Case No. SUP -17-04 /SubaPros 27 Auto Shop Pollution Fluids Auto shop pollution fluids — include the used replaced engine oil, transmission and brake fluids. These fluids are oil based (organic chemicals such as motor oil or hydraulic oil composed of a mixture of hydrocarbons with elevated boiling point and known under the generic name of heavy petroleum distillates) and may contain a series of toxic heavy metals. The heavy metals usually leak in the auto fluids from a series of parts (such as welds, radiators or other engine components) during normal vehicle operation. Thus concrete contaminants associated with auto pollution fluids include: • Heavy oil distillates (e.g., motor oil, hydraulic fluid) • Blended oils and glycol solutions (constitute transmission and brake fluids) • Heavy metals — various with the engine fluid Auto Repair Pollution Antifreeze Auto repair pollution antifreeze — is represented by the coolant fluids, which contain: • Ethylene glycol (poisonous to animals and humans) • Pb may leach and contaminate the coolant fluid Auto Repair Pollution Washers Auto repair pollution washers — is generated through washing cars and auto parts. The washing fluid (usually water) contains: • oils • heavy metals and other contaminants from cars; • detergents Auto Repair Pollution Refrigerants Auto repair pollution refrigerants - refrigerants used in air conditioning systems consists mainly in: • CFC -12 (Freon 12) was used as refrigerant in cars before 1995, while it is currently banned since it was found to destroy the ozone layer; City Council Case No. SUP -17-04 / SubaPros 28 • HFC -134 more recently used — it does not affect the ozone layer but it is a greenhouse gas, which is why replacements are investigated Auto Shop Pollution Paints Auto shop pollution paints — the auto paints contain a series of organic solvents, of which commonly used is: • Methyl ethyl ketone (MEK) — this is many times the solvent of choice due to its high volatility and relative high solubility in water. If higher amounts accumulate in the environment, MEK may travel over higher distances with groundwater due to its solubility. Thus, a possibility always exists for this contaminant to spread in the surrounding areas and possibly contaminate neighboring properties (usually within 1 mile of an auto repair shop) Auto Repair Pollution Rags Auto repair pollution rags— their improper environmental disposal/storage may result in pollution of the surrounding environment. These rugs usually are contaminated with: • Oils (heavy distillates such as motor oil or hydraulic fluids) • Heavy metals (a suite of metals could leach from the engine parts) Old Replaced Auto Battery Pollution Old replaced auto battery pollution — split or broken batteries constitute an environment hazard and should be handled as hazardous waste. This is due to their content of: • Acid solutions 0 Pb Auto Repair Pollution Losses Auto repair pollution losses — last but not least, spills and leaks may occur during the repair work or normal storage of cleaning solvents, paints, engine fluids, etc. City Council Case No. SUP -17-04 /SubaPros 29 3 — When reviewing the current Subapro property, multiple items were seen on their campus, multiple used cars, multiple repair cars, salvage cars, oil spills, antifreeze spills, dirty storage areas and improper handling of vehicle parts and fluids. 4 — Water Pollution potential Cars and trucks leave "car dirt", this is bits of tires, brakes, and rusty metal. This increases exponentially at auto repair facilities. Cars and trucks leave oil, grease, and transmission fluid stains on driveways and parking lots. Cars also collect leaking oils and other fluids and can accumulate other "road dirt." Less visible are the tiny exhaust particles that gradually settle out of the air or come down with rain or snow. What happens to the "car dirt," "road dirt," and oils and fluids when it rains or snows? Rain and melting snow wash these pollutants off the vehicles, parking lots and repair facilities. This "car dirt" flow across the pavement, down the gutter, into storm drains, and ultimately into our waterways. Five quarts of waste oil can create an oil slick the size of two football fields or pollute a million gallons of drinking water. Antifreeze is very poisonous to people and animals. Because of its sweet taste and smell, antifreeze may attract children or pets and other animals. Drinking only three ounces may kill an adult and even less will kill children or pets and wildlife. Phosphates in soap are a form of fertilizer that causes excess weed and/or algae growth. Weeds and algae decompose and consume oxygen needed by fish, frogs, and crayfish. Even on nice days, polluted water continues to flow out of storm sewers. These scenarios are real and negatively affect the environment. Near this area are waterways and classified wetlands. 5 — Prospect Park is less than Y2 a mile away from this property. It houses protected migratory birds and other wildlife, including owls, hawks, deer, rabbits, etc. Noise pollution, light pollution and environmental pollutions affect daily biochemistry, physiology, behaviors and daily rhythms of wildlife, the circadian clock thus having negative effects on the health of ecosystem. 6 — The area in which this company wants to move is turning into a car zone, with a spa across the street where sexual acts are performed for pay. The cities plan was to make this area a combination food, art, shops, activity area City Council Case No. SUP -17-04 / SubaPros 30 going down the mains streets to beautify and positively grow Wheat Ridge. Our neighborhood is starting to look like a ghetto. The adult store down the street, football field to close to homes causing major noise issues soon, the hotel by the park, including the new storage building on Youngfield and 44`h are all contributing to the decrease in home value in our neighborhoods and again making it look more like a dirty industrial section of the inner city. Recent waives of graffiti have been showing up, which typically shows in more industrial looking streets and areas as well. In the three mile vicinity near us, there has been at least four vehicle thefts in the last few months. With another car lot, repair shop theft can increase and there is more of a chance of this occurring. Our homes become more visible due to the influx of people scoping out potential areas to rob and to the increased traffic and cliental, add that with the sex parlor across the street and it becomes less safe for families, residents and children. I again, vote against the special permit or allowing this company to move in. Melissa Lawrence 4260 Pierson Street Wheat Ridge Co 80033 melissafreedom@yahoo.com City Council Case No. SUP -17-04 /SubaPros 31 EXHIBIT 9: LETTER #3 Re case # SUP -17-04 special use permit for maior auto repair. Comment opposing special use permit Submitted by Tom Parchman and Elizabeth Smith, 4255 Parfet St. 12/8/2017 Attention Wheat Ridge Community Development Director. We live within sight of the properties which are the subject of this case and we strongly oppose the issuance of a special use permit for major auto repair at the proposed location. A major auto repair facility, especially one of this size, (over 60,000 square feet) will harm the surrounding neighborhoods, hamper redevelopment of the neighborhood commercial center at 44`h and Parfet and de -rail the positive momentum created by the new Fruitdale School Lofts. As the authors of the Fruitdale Subarea Plan recognized, Fruitdale is a unique area with great potential. The Fruitdale Lofts, Parkside, and Owens Park, all desirable residential developments, are located less than two blocks from the subject property at 11072 W. 44`h Ave. and 4380 Pierson Street. Along with the aforementioned quality housing, there are well maintained office buildings with stable tenants (engineers, attorneys and and federal government workers.) In addition, both Prospect Park and the Wheat Ridge Historical Park are less than three blocks away. Horse properties are interspersed throughout. All of these are land uses consistent with the Fruitdale Subarea Plan. All of these uses benefit the Fruitdale community and all make it a wonderful place in Wheat Ridge. A major auto repair facility spanning the south side of 44th Ave. from Parfet St. to Pierson will detract from the neighborhood's assets and hobble efforts toward achieving the goals stated in the Fruitdale Subarea Plan. A maior auto repair facility is a bad fit for Fruitdale. Fruitdale is a relatively small area "[B)ounded by 1-70 on the north, Lee Street on the east, Clear Creek to the south and just west of Tabor Street to the west." Wheat Ridge Comprehensive Plan [WRCPD; Fruitdale Sub Area Plan. Page 4 of the Fruitdale Subarea Plan states: "West 44`h Avenue in the Fruitdale Sub -Area has the potential to become a unique corridor in the City of Wheat Ridge .... The area is tucked into a protected corner of the City nestled along the Clear Creek Open Space and has retained elements of the City's historical and agricultural heritage.... The Plan recommends embracing this agricultural heritage by encouraging 9grdening theme for businesses along the corridor. The Sub -area is the home of Prospect Park, City Council Case No. SUP -]7-04 / SubaPros 32 the largest of the City Parks, and also the unique Historical Park. Both of the facilities are great assets to the area...." (emphasis ours) The proposed use is incompatible with the goal of adding a sense of place and destination to an area defined by Prospect Park, the Historical Park and the Clear Creek Open Space. It is also incompatible with embracing Fruitdale's agriculture heritage and encouraging the gardening theme. Fruitdale in general, and the area surrounding 11072 W. 44th and 4380 Pierson in particular, have seen great improvement over the last twenty years. This momentum needs to be further encouraged with appropriate development. A large repair facility at this location will discourage the high quality, owner occupied residences and the neighborhood businesses suggested by the sub area plan. Although the Fruitdale Lofts, Parkside, Owens Park and newly built or restored homes in the area proposed for the special use permit fit the WRCP definition of an "established area", the neighborhood still has challenges it must overcome before it can meet the goals stated in the area sVb plan. The neighborhood has some problems consistent with the W.R.C.P's definition of a "revitalization area": There are uses inconsistent with established zoning (an industrial vehicle business located in a residential zone and rental housing in a commercial area). Over all, there are more rental properties than is healthy for the neighborhood as well as some poorly maintained homes. In addition, there are run down commercial properties, vacant commercial properties, a "massage parlor", and a "vape lodge" along 44th Ave. The WRCP characterizes a "revitalization area" as one with "Increasing incompatibility of uses.... Less stable than established neighborhoods (eg. increasing maintenance problems, higher crime rates, lower rates of owner occupancy.)" The addition of the large auto repair facility planned for 11072 W. 44th Ave and 4380 Pierson St. will exacerbate these problems and hamper revitalization. II. A major auto repair facility is a bad fit for a neighborhood commercial center. The Wheat Ridge Comprehensive Plan [WRCP] designates the intersection of 44th and Parfet St. as a "Neighborhood Commercial Center". At page 30, the WRCP states: "Neighborhood Commercial Centers will feature small clusters of businesses and mixed -uses to serve neighborhood needs (at residential, neighborhood scale), offer unique niche business opportunities and add a "sense of place" and destination within distinct neighborhoods." The neighborhood commercial center at 44th Ave and Parfet St. needs mixed uses that serve local residents. Approval of the special use in question will not meet that need. The intersections of 44th and Parfet and 44th and Pierson are already saturated with motor vehicle businesses. At the 44th and Parfet intersection there is an auto repair shop on the N.E. corner (Merkles), and a vehicle accessories shop selling ATVs and snow mobiles on the S.E corner (Four to Go). At the S.W. corner of 44th and Pierson there is an auto body shop (Reflections). If a special use permit for major auto repair is granted for the both the S.W. corner of 44th and Parfet and the S.E corner of 44th and Pierson, those two intersections City Council Case No. SUP -17-04 /SubaPros 33 will have four motor vehicle facilities and a massage parlor. ( The notorious "King 7 Spa" is located on the N. E. corner of Pierson St.) Locating a large auto repair facility, covering over 60,000 sq. ft., will make any mixed uses and "businesses serving the neighborhood at a residential, neighborhood scale" impossible: There will be no spaces for other types of businesses at this neighborhood commercial center. Moreover, the proposed use is incompatible with the goal of "add[ing] a sense of place and destination" to an area defined by Prospect Park, the Historical Park and the Clear Creek Open Space, and with embracing the area's agriculture heritage and encouraging the gardening theme. Pursuant to the WRCP, page 30, the goals for the intersection of 44`h Ave and Parfet St., as a neighborhood commercial center, are: ELU 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." ELU 4: "Increase the diversity of the land uses." ELU S: "Revitalize key redevelopment areas" NH 2: "Increase housing options," NH 3: "Increase investment and stability in Neighborhood Revitalization Areas." NH 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." SF 1: "Establish and maintain a resilient sustainable tax base." It is important to note that according to the WRCP, the strategy to achieve SF 1 is "Focus on attracting strong households and a healthy mix of ages within the community." (WRCP p. 97). SF 4: "Create a Healthy and Active Community" Approval of a special use permit for a major auto repair facility will not increase the diversity of land use. It will not lead to more single family owner occupied homes. It will not attract retail development, other than another motor vehicle oriented business. It will not revitalize a commercial area that needs to be revitalized. Because it will discourage owner occupied housing, it will not increase stability in the neighborhood or attract strong households and a healthy mix of ages in the community. Only a greater variety of quality retail establishments will help to reach these goals. Approval of this special use permit will instead hinder any creation of a true neighborhood commercial center 44`h and Parfet. Also, it will not create the kind of atmosphere that encourages increased visits to Prospect Park and the Wheat Ridge Historical Park, A coffee shop, small market or hot dog/ice cream place and a place for lunch would do that. City Council Case No. SUP -17-04 /SubaPros 34 III. A major auto repair facility is a poor fit with an up and coming residential area. The quality of housing in the residential areas surrounding the proposed special use site is improving. Within the last five years a million dollar home has been built on what was previously and junk yard on Parfet St. south of 44th Also on Parfet, a home that was once an eye sore and a health hazard (no working furnace, non-functioning septic system, junk strewn yard filled with tali weeds, no trash or garbage removal and animal feces throughout the home and the yard) has been gutted and transformed into a beautiful house with a well landscaped lot. Other new home owners with children have moved in on Parfet and made improvements as well. On both Parfet and Pierson streets south of 44th longtime residents have kept large homes on big lots well maintained. Desireble housing such as that described above is present in the area in addition to the Fruitdale Lofts, Owen's Park and Parkside developments. While Fruitdale in general, and the area surrounding 11072 W. 44th and 4380 Pierson in particular, have made great strides recently, this momentum needs to be encouraged with appropriate and the area needs more improvement. A large repair facility will discourage the high quality owner occupied residences and neighborhood businesses identified in the sub area plan. Although the Fruitdale Lofts, Parkside, Owens Park and newly built or restored homes in the area proposed for the special use permit fit the WRCP definition of an "established area", the neighborhood has challenges it must overcome before the goals stated in the area sub plan can be met. A large major auto repair facility at the proposed location does not fit with a high quality residential area, especially because there is no buffer between the proposed special use properties and the homes between there and Clear Creek. The large buildings, and security lighting present at the site can be seen from back yards of most if not all residences on both Pierson and Parfet streets south of 44th. The noise and fumes, as well as the light pollution and the increased traffic generated by an auto repair facility of this size will be a nuisance for all of the residents, especially in the summer when repair bay doors are open. Use of the subject properties for a major auto repair facility will not lead to an increase in property values and it will discourage further investment in single family, owner occupied housing homes in the immediate area. For the reasons stated above, and for the future of our neighborhood, we strongly urge you to reject the special use permit associated with Case #SUP -17-04., City Council Case No. SUP -17-04 / SubaPros 35 CITY OF WHEAT RIDGE, COLORADO Resolution No. 03 Series of 2018 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL -ONE (C-1) AND LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP-17- 04/SUBAPROS) WHEREAS, Chapter 26, Articles I and IV of the Wheat Ridge Code of Laws establish the procedures for the City's review and approval of special use permits; and, WHEREAS, an application for a Special Use Permit has been received from SubaPros to allow a major automotive repair facility in a C-1 zone district located at 11072 W. 44th Avenue and 4380 Pierson Street; and WHEREAS, the request for a Special Use Permit began as an administrative process which registered written objections after the neighborhood meeting, requiring a City Council public hearing; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a January 8, 2018 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT FOR PROPERTY ZONED COMMERCIAL -ONE (C-1) LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. And with the following conditions: Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a Certificate of Occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 -square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.12.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy- two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six -foot -high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. DONE AND RESOLVED this 8t" day of January 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk City of � Wheat Ridge ITEM NO: DATE: January 8, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2018 - A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MAJOR AUTOMOTIVE REPAIR FACILITY ON PROPERTY ZONED COMMERCIAL -ONE (C-1) AND LOCATED AT 11072 WEST 44TH AVENUE AND 4380 PIERSON STREET (CASE NO. SUP- 17-04/SUBAPROS) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO Community Development Director City Manager ISSUE: The applicant is requesting approval of a Special Use Permit (SUP) to allow a major automotive repair facility at 11072 W. 44th Avenue and 4380 Pierson Street. The property is zoned Commercial -One (C-1). The case was initiated as an administrative review; however written objections to the application were received during the public notice period. When objections are received, the special use request is required to be considered by City Council at a public hearing. PRIOR ACTION: The applicant attended the required pre -application meeting on October 19, 2017, and required neighborhood meet on November 8. A formal application was received on November 17 and the 10 -day public posting occurred from November 29 to December 8. There has been no previous action by any City board or commission on this application. Council Action Foran January 8, 2018 Page 2 FINANCIAL IMPACT: One-time fees in the amount of $520 were submitted with the application. BACKGROUND: Existing Conditions The property is located along W. 44th Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44th Avenue. To the north and south of W. 44th Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 44th Avenue and addressed as 11072 W. 44th Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are held under one ownership and being sold together. According to the Jefferson County Assessor, 11072 W. 44th Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 4380 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958. At some point it was converted from a house to a commercial space. The four lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently used as a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records and land cases, it has been operating as such under various licenses since the 1970s. It is fenced and includes 35 parking spaces. Special Use Request The applicant is proposing to use the existing buildings on the site to operate a Subaru repair facility. The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain a new paint booth. The building at the east end of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. In general, the structures which would include major auto repair functions are located in buildings which are closer to 44th Avenue. The applicant has plans to make cosmetic upgrades to the site, including new roofs, exterior paint, interior renovations, and re -paving the parking area, which is in poor condition. The impetus for relocating to this site is that the applicant wishes to own their facility, rather than continue to lease in their current location in unincorporated Jefferson County. The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. Council Action Fonn January 8, 2018 Page 3 Per City Code, the City Council shall use the criteria in Section 26-114 of the code to evaluate the applicant's request for a Special Use Permit. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions, referral comments, and public comment received to date. As detailed in the attached staff report, staff is ultimately recommending approval of this request. RECOMMENDED MOTION: "I move to approve Resolution No. 03-2018, a resolution approving a Special Use Permit to allow the operation of a major automotive repair facility in the Commercial -One (C-1) zone district and located at 11072 W. 44th Avenue and 4380 Pierson Street for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed Special Use Permit has been found to comply with the "criteria for review" in Section 26-114-D of the Code of Laws. With the following conditions: 1. Landscaping improvements along the W. 44th Avenue frontage and at the corner with Pierson Street will be required before a Certificate of Occupancy may be issued, including: a. A four -foot fence along the north property line to screen the parking area, b. Irrigation and plant material in the existing ±800 -square foot bed at the northwest corner, and c. Maintenance of the existing ±800 -square foot bed at the northeast corner and along the east property line. 2. Pursuant to Section 26-502.E.I2.j of the Wheat Ridge Code of Laws, no parking area shall be used for the sale, storage, repair of, dismantling or servicing of any vehicles, equipment materials or supplies; vehicles stored in excess of seventy-two (72) hours for the purpose of being repaired must be screened from view from adjacent streets and properties by a six- foot -high solid fence. 3. The Special Use Permit shall be granted to the applicant, SubaPros, and shall not be transferred or assigned. Or, "I move to deny Resolution No. 03-2018, a resolution approving a Special Use Permit to allow the operation of a major automotive repair facility in the Commercial -One (C-1) zone district and located at 11072 W. 44th Avenue and 4380 Pierson Street for the following reason(s): 1. 2. Council Action Forin January 8, 2018 Page 4 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planning Technician Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 03-2018 2. Staff report with exhibits DWYER JOHN PATRICK DWYER PATRICIA ELLEN 03837 FLORENTiruF nR LONGMONT C( N I XXL E Sea E E 1 8612/25/17 RETURN TO SENDER ez ate art.:. er t.. as a•au s..% a S Ar)0am SaEw LINABLE TO FORWARD 8fZ1 x)T' Cs i; 50 33sseelee 'psi t $$G$i'.. E:a, - d .�., ai;agrtal@3i 1��?9AZtg##d IN 5 7 -Era T° r � US POSTAGE id e $ 00.462 R First -Class i Mailed From 80033 enue 12/19/2017 J 80033-8001 032A 0061829455 PARKSIDE PATIO HOMEOWNERS ASSOCIATION R & J ASSOCIATES 04570 TELLER ST WHEAT RIDGE CO 80033 _RETURN TO SENDER N ea T LINABLE TO F I R :AR 3'de 8 -2 4 15 7 01— -4, -1 N Midge ..' US POSTAGE FD $00.469 (enue 0 80033-8001 First -Class Mailed From 80033 ' 12/19/2017 _63-2—A-00-6-18-2 94 5 �5 DWYER JOHN PATRICK DWYER PATRICIA ELLEN 03837 FLORENTiruF nR LONGMONT C( N I XXL E Sea E E 1 8612/25/17 RETURN TO SENDER ez ate art.:. er t.. as a•au s..% a S Ar)0am SaEw LINABLE TO FORWARD 8fZ1 x)T' Cs i; 50 33sseelee 'psi t $$G$i'.. E:a, - d .�., ai;agrtal@3i 1��?9AZtg##d IN 5 7 -Era T° r � US POSTAGE id e $ 00.462 R First -Class i Mailed From 80033 enue 12/19/2017 J 80033-8001 032A 0061829455 PARKSIDE PATIO HOMEOWNERS ASSOCIATION R & J ASSOCIATES 04570 TELLER ST WHEAT RIDGE CO 80033 _RETURN TO SENDER N ea T LINABLE TO F I R :AR 3'de 8 -2 4 15 7 01— -4, -1 N W City of Wheatlidgie 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 NEIGHBORHOOD MEETING NOTES Meeting Date: November 8, 2017 Attending Staff: Zack Wallace Mendez, Planner II Scott Cutler, Planning Technician Location of Meeting: Wheat Ridge Municipal Building Property Address: 11072 W. 40 Avenue & 4380 Pierson Street Property Owner(s): Haderer Trustees Applicant: Peter Kula, SubaPros Inc. (under contract to purchase) Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located along W. 44`h Avenue between Parfet Street and Pierson Street. The subject property is zoned Commercial -One (C-1), as are the nearby properties located along 44h Avenue. To the north and south of W. 44' Avenue are residential neighborhoods zoned Residential -Two (R-2), Residential -Three (R-3), Planned Residential Development (PRD), and Agricultural -One (A-1). A patchwork of zones and uses exist further to the east and west along W. 44th Avenue. The site consists of four parcels, three of which are located along W. 40' Avenue and addressed as 11072 W. 44`h Avenue. A fourth parcel, 4380 Pierson Street, is located to the south of the other parcels. The four parcels are being sold together. According to the Jefferson County Assessor, 11072 W. 44b Avenue is 52,055 square feet (1.20 acres) and the primary structure was built in 1950. The property at 43 80 Pierson Street is 9,147 square feet (.21 acres) and the existing structure on the property was built in 1958, which at some point was converted from a house to a commercial space. The lots combine to total 61,202 square feet (1.41 acres) in size and contain five buildings. The site is currently a pump storage facility, with some minor assembly occurring on the site. Based on the City's business license records, it has been operating as such since at least 1999, but the actual start date is not available. It is fenced and includes 35 parking spaces. Applicant Preliminary Proposal: The applicant is proposing to buy both the W. 44th Avenue and Pierson Street portions, and move their business, SubaPros, from unincorporated Jefferson County into Wheat Ridge. SubaPros is an independently owned auto repair company that specializes in Subaru www.d.wheatridge.co.us repairs. They have proposed their various business operations to take place in the existing structures. The primary structure, at the corner of 44th and Pierson, would contain the reception area, the parts department, and the engine assembly area. The building to the east would contain the primary auto repair area. The building to the south of the main building would contain the paint booth. The building at the east of the site would have a secondary repair facility. The building furthest to the south, at 4380 Pierson, would be retained for future use. The applicant has not proposed major modifications to the existing buildings, except for roof and siding repair, plus whatever upgrades building and fire codes may require. The applicant noted they are improving the landscaping per staff request. The applicant is currently under contract for all four parcels. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 9 residents and property owners from the neighborhood attended the meeting; see attached sign-up sheets. • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the process for the Special Use Permit. • Staff discussed the site, its zoning and future land use. • Staff answered some preliminary questions regarding the Special Use Permit process and the reasons why a Special Use Permit is required. • The applicant presented their proposal for the site. • Both Staff and the applicant answered questions from the attending neighbors, related to use, operation, City Codes and policies, and the City's guiding documents. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the SUP request and proposed development: • The applicant noted that they need to improve the site and address deferred maintenance, and that the improvements process and SUP are all wrapped into the purchasing process. • The applicant noted the buildings are steel construction and need to be insulated to make them hospitable for employees. • The applicant noted they typically process 6-12 vehicles per day, and that most vehicles are in and out of the shop within a day. • A neighbor noted they drove by the current SubaPros facility near Golden and saw 15-20 vehicles parked on the premises. SubaPros stated they occasionally buy cars from customers and work to restore them over the long-term. A labor shortage has slowed the ability to get rid of cars, but the current cars parked there will be moved out. The new property will not have cars parked on the premises long-term, and there is more space internal to the site which will help with storage. The existing fence will help screen parking on the property. • What are the operating hours? Regular hours are 7:30am to 6: 06pm on Monday through Friday. Some work is occasionally wrapped up after 6: 00pm, but not every day, and that work is only done inside buildings. • How will the body shop affect an existing auto body business in the area? SubaPros does not specialize in body work and doesn't plan to increase that side of their business. The applicant noted they work within their existing Subaru customer base, and if expansions of the customer base occur, it would be for mechanical work. The small size of the paint booth and body shop is limiting in terms of how many customers may be served. The applicant noted their primary operations are oil changes, suspension repair, wheel bearing repair, and engine repair. • How does the paint booth smell? Paint booths are subject to stringent filtering requirements by building codes and other regulations. This usually does not eliminate odors but it minimizes them. The City has requested the paint booth be moved internal to the site to avoid operating immediately adjacent to neighbors. • What are the plans for the building at 4380 Pierson Street? The Pierson Street building is part of the property sale, but the applicant does not currently have plans for this facility. • Why is SubaPros investing in a new facility if there are no expansion plans? New customers are gained through referral, and they have a high retention rate among existing customers. The applicant noted they are currently renting a facility, and would like to own their facility instead. • A neighbor expressed concern about noise, traffic, chemicals/pollutants, and disruption to the neighborhood feel. They also pointed out other issues in the surrounding area that were unrelated to the SUP application, including concerns related to Prospect Park and a massage parlor on the north side of 44th Avenue. The applicant responded to these concerns and noted that employees and customers would not be driving into the neighborhood, just accessing the site from Pierson Street for drop-offs mostly between 7: 30am and 9: 30am. He also noted the site would be clearly marked so customers would not unintentionally drive further into the neighborhood. • A neighbor noted that the Commercial -One (C-1) zoning allows a wide range of uses. Staff confirmed this observation, and noted that minor auto repair would be allowed on the site without a Special Use Permit. • Neighbors were discussing concerns with other existing auto -related businesses on 44h Avenue. The applicant noted that there maybe some misconceptions about car repair. They provide routine maintenance and do not focus on performance enhancements or "souping up " cars. • Where would pick-up and drop-off be located? Cars would be dropped off at the main building on the corner, in the existing parking area along Pierson Street. Cars waiting for pickup would be parked in the parking area along W. 44th Avenue. No change is proposed to access locations. • Are there proposals for lighting? The applicant noted that some improvements would be required, but no intensive security lights are proposed. The applicant would prefer not to run lights overnight in order to save money on energy bills. • Neighbors asked the applicant and staff how the SubaPros operations fit into the Envision Wheat Ridge Comprehensive Plan and the Fruitdale Subarea Plan, which calls for mixed-use development along the corridor. There was concern that as a single use, the subject property was not complying with the mixed-use vision. The applicant was not aware of the plan documents. Staff noted that the plans are guiding documents and the City could not deny any commercial use allowed by zoning on 44th Avenue because the Fruitdale Subarea plan states the corridor as a whole should be mixed-use. The adopted plans are considerations for zone changes, but not part of the criteria for SUPs (criteria were provided on the handouts). • How many employees does SubaPros have? They currently have 9 employees, including the administration. • What landscaping improvements will be done? The applicant noted the City is requiring the existing landscape buffers along W. 441h Avenue and at the corner with Pierson Street be improved with new plantings. The applicant has plans to re plant as well as re pave the site as the current asphalt is substandard. There are also plans to repair the existing roof, and the applicant is working with the sellers to do so. • How much waste is generated by the facility? Where is trash picked up? Neighbors expressed concerns about the potential for illegal dumping into the storm sewer system. The site will have a dumpster, which will be screened behind the existing fence along the east side of the W. 44`" Avenue frontage. All oil used on site is recycled, and waste oil is sometimes burned for heat, which is an EPA approved process. Waste coolant and coolant mix leaves the site to be disposed of. Nothing will be disposed of into drains or the sewage system. Spills are cleaned with products such as Floor Dry or PIG absorbent mats. Operational disposal is regulated by building codes and other regulations. • Are new buildings proposed? No, just renovating existing buildings. • What is the construction timeline and nature of improvements? The construction timeline partially depends on the SUP process. Improvements proposed are insulation and electrical work, interior lighting, roofing, paving, exterior painting, and potential drainage reconfiguration. • The neighbor to the south alleged the subject property drains onto her property. • A neighbor was concerned about the back -out parking that exists on Pierson Street. Staff noted that the City does not currently allow this type of back -out parking adjacent to the right-of-way on new projects, but since there is not new construction, the existing arrangement may continue. 4 c City of v Wheat R ]1RC'0Mr_MPJJNiTY 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 LETTER NOTICE (As required pursuant to Code Section 26-109.D) December 19, 2017 Dear Property Owner / Current Resident: This is to inform you of Case No. SUP -17-04, an application filed by Donald A. Grove for approval of a Special Use Permit to allow major automotive repair, service, paint and body work in a Commercial -One (C-1) zone district for property located at 11072 W 44th Avenue and 4380 Pierson Street. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: City Council January 8, 2018 A 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.ci.wheatridge.co.us 044[30 0-1+777 5 ' 04475 04444 *940.10900 t . 04420 r 04435 1 s 04440 0$ - r t44_T§ 1 1 ,f a �y , ; 1 .1 1 1' 085 11049 1 i 1 ` 11091 1 51 1 It ' 11049 1109 _ 44TH AVE 1t�72 01072 �-- } 8a 11130 1f91N 072 10900 04393.. 04365 10930 04375 �1i 0 lh z I 04355 04341 O 04375 ch p r, , cn '11324' v� W 0 04351 F— cr, ` W22` w z r1 LL 04365 a a 04301 a4 45,_ 431 44 04360 04341 31 ----- 043 55 - -_-_ `(71277 -= - 16431 0435' - fi}434' 043 01-04Z 3 t 30 04305.. 340 - —1 04 21 ` 042$5 11 04200 „ KU AVt- .n,r 1 44280 x42$5 ■- 200 021- 5855B WADSWORTH LLC AUTO REFLECTIONS INC BAMBERGER LUCAS BAMBERGER KAREN 06337 UMBER CIR 11114 W 44TH AVE 04375 PIERSON ST ARVADA CO 80403 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BASS VERNON E BASS CYNTHIA A 04324 QUAIL ST WHEAT RIDGE CO 80033 BRUNKER MICHAEL MILLER DANIEL 04365 PARFET ST WHEAT RIDGE CO 80033 CERNIK PETER SAMUEL 04355 PARFET ST WHEAT RIDGE CO 80033 DWYER JOHN PATRICK DWYER PATRICIA ELLEN 03837 FLORENTINE DR LONGMONT CO 80503 GERNAT SETH KOSEK CARLY C 04305 PIERSON ST WHEAT RIDGE CO 80033 HODGES ASA G SOKOL ROSETTA MARIE 04322 QUAIL ST WHEAT RIDGE CO 80033 JEFFCOAT KENNETH R JEFFCOAT VIVIAN M 04314 QUAIL ST WHEAT RIDGE CO 80033 NENE HOLDINGS LLC 33469 WOODLAND DR EVERGREEN CO 80439 BLAKEMAN KAY 04332 QUAIL ST WHEAT RIDGE CO 80033 CAA VENTURES LLC P 0 BOX 518 EVERGREEN CO 80437 CLEARWATER TOWNHOME CONDO ASSOC INC TREASURER 00100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 ELLIOTT ANN 06546 PIERSON ST ARVADA CO 80004 GHANI MOHAMMED A GHANI SAYEEDA 06101 PHEASANT CT FORT COLLINS CO 80525 HOPKINS COMMONS HOMEOWNERS ASSOCIATION KANDRA CAPPS 10251 W 44TH AVE 2-205 WHEAT RIDGE CO 80033 JENSEN FAMILY TRUST 15483 W 51ST PL GOLDEN CO 80403 NEWMAN BENJAMIN NEWMAN KELLY 04301 PARFET ST WHEAT RIDGE CO 80033 BRUMBACH DON P 04340 PIERSON ST WHEAT RIDGE CO 80033 CARTER CHRISTOPHER A 04350 PIERSON ST WHEAT RIDGE CO 80033 DEVRIES RICHARD D DEVRIES DIANE M 04300 PARFET ST WHEAT RIDGE CO 80033 ELLIOTT DINA 17076 W 85TH LN ARVADA CO 80007 HADERER RICHARD A TRUSTEE HADERER ALISSA L TRUSTEE HADERER PAUL RAYMOND TRUSTEE 03449 ENTERPRISE AVE HAYWARD CA 94545 JAMES KENNETH D JAMES ELLEN L 00008 MEADOWLARK LN LITTLETON CO 80123 MMD APARTMENTS LLC 02517 TAFT CT LAKEWOOD CO 80215 OBIALERO JOHN T JR OBIALERO RICHARD JOHN 11130 W 44TH AVE WHEAT RIDGE CO 80033 PARKSIDE PATIO HOMEOWNERS ASSOCIATION ORTIZ ROBERT LEE OTA MICHAEL J R & J ASSOCIATES 04447 PARFET ST 04420 PIERSON ST 08600 RALSTON RD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ARVADA CO 80002 PARKSIDE PATIO HOMEOWNERS ASSOCIATION R & J ASSOCIATES PEREZ PAT PIERSON GROUP LTD 04570 TELLER ST 04360 PIERSON ST 13847 W 22ND AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GOLDEN CO 80401 PURCHASE BRYCE PURCHASE CATHERINE REDIG RUSSELL W REDIG CHRISTOPHER E REGRUT MICHAEL W 04370 PIERSON ST 11266 W 75TH AVE 08548 67TH PL WHEAT RIDGE CO 80033 ARVADA CO 80005 ARVADA CO 80004 RICHARD D AND DIANE M DEVRIES TRUST ROCHEL JULIE SG VENTURES LLC 04300 PARFET ST 04351 PARFET ST 11221 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 SHANNON JOHN SPENCER LONNIE R UTLEY CURTIS 04341 PARFET ST 04455 PARFET ST 04435 PIERSON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WINZENT COMPANY LLC KRAPES DAVID A WINKLER TIMOTHY J KRAPES MARGARET A 04312 QUAIL ST 01800 ZANG ST WHEAT RIDGE CO 80033 GOLDEN CO 80401 IV City of -A Wheatj�idge PLANNING DIVISION ADMINISTRATIVE DETERMINATION TO: Community Development Director DATE: December 11, 2017 CASE MANAGER: Scott Cutler CASE NO. & NAME: SUP -17-04 / SubaPros ACTION REQUESTED: Approval of a Special Use Permit to allow a major auto repair facility in the Commercial -One (C-1) zone district. LOCATION OF REQUEST: 11072 W. 44' Avenue & 4380 Pierson Street APPLICANT (S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE Don Grove & Peter Kula, SubaPros 61,202 square feet (1.41 acres) Commercial -One (C-1) Office/warehouse (vacating soon) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST Case No. SUP -17-04 is an application by SubaPros to operate a major auto repair facility on property zoned Commercial -One (C-1) and located at 11072 W. 44`x' Avenue and 4380 Parfet Street. The C-1 zone district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district allows "minor auto repair" facilities as a use by right, but requires a Special Use Permit (SUP) for "major auto repair" facilities. Minor auto repair is defined as: Auto detail shops, tune-up shops, upholstery shops, radiator repair shops, lubrications service, sound system shops, and alignment services. Major auto repair is defined as: Tire recapping, major mechanical repair shops, body work and painting, engine repair, and transmission repair. Much of the applicants services falls under minor auto repair, but as full-service Subaru specialists, SubaPros also works on engines and transmissions, performs body work, and paints vehicles, all of which fall under major auto repair, and require a SUP. Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for Special Use Permits without a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owner by letter notice and the site has been posted for at least ten (10) days; 3. No written objections have been received in such ten-day period; 4. The Community Development Director concludes that the criterial for approval, as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. II. ADMINISTRATIVE NOTICING Pursuant to the requirements of Section 26-114, special use applications can be approved administratively after a 10 -day noticing period if no legitimate objections are received. In response to the administrative noticing, three letters of objection were received. In addition, three telephone calls were received inquiring about the application. Based on the letters of objection, it is recommended that this application be forwarded to City Council for a public hearing on January 8, 2018. Administrative Review Case No. SUP -17-04 / SubaPros 2 1 t 6 City of Wheat Edge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. December 12, 2017 Peter Kula 4901 Ward Road Wheat Ridge, CO 80033 Re: SubaPros Special Use Permit Mr. Kula: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regards to your application for approval of a special use permit for property zoned Commercial -One (C-1) and located at 11072 W. 44th Avenue and 4380 Pierson Street. I have reviewed your submittal and have the following comments. General Comments 1. The 10 -day public posting period ended on December 8, 2017. Three objection letters were received, which prompts a public hearing at City Council. 2. The soonest available City Council hearing is on January 8, 2018 at 7:00pm. If you wish to proceed with your application, the City must be notified by December 15, 2017. Then, Public Hearing notice signs must be posted on the three street frontages on December 22, 2017. The application was also sent on referral to other City departments and outside agencies. Attached are the comments that were received. Wheat Ridge Public Works: No comments. Wheat Ridge Building Division: No comments. Wheat Ridge Police Department: No issues with the request. Wheat Ridge Economic Development: No comments. Arvada Fire Protection District: Arvada Fire can serve the property but has requested construction plans be submitted directly to the Fire District for review and approval. A suppression system may be required for the paint booth, pending additional information. See attached letter. Valley Water District: The district can continue to serve this property. Fruitdale Sanitation District: No comments. Xcel Energy: An existing electric transmission line and associated land rights crosses the northeast corner of the property. Any activity including grading, landscaping, erosion control or similar www.ci.wheatridge.co.us activities involving the existing right-of-way will require Public Service Company approval. The applicant shall contact Mike Diehl at 303-571-7260 prior to final approval of development. See attached letter. Jefferson County Environmental Health: Has no objections. However, the applicant must contact the Colorado Department of Public Health and Environment (CDPHE) regarding a Hazardous Materials Spill Management Plan and Air Pollution Control requirements for the auto repair/paint booth operations. See attached letter and clarifying email. Comcast: No comments. This concludes the summary of comments. For questions or clarification on any comments, please feel free to directly contact me. Sincerely, Scott Cutler Planning Technician cc: SUP -17-04 case file Jonathan Ungar Case No. MS -17-07 / O'Brien Subdivision P Fire Protection District 7903 Allison Way Arvada CO 80005 • 303-424-3012 • 303-432-7995 fax December 4, 2017 Mr. Scott Cutler, Planning Technician City of Wheat Ridge 7500 W 29'' Avenue Wheat Ridge, CO 80033 Re: Special Use Permit at 11072 W 44th Ave and 4380 Pierson St. — SUP -17-04 Mr. Cutler: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. Written indication of compliance and/or modifications to the plans are required to be provided on the next submittal. 1. This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (ATPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak St. 2. Fire apparatus access roads shall be provided with an approved all-weather surface (concrete or asphalt). Access roads shall be capable of supporting an imposed load of 85,000 pounds. (2009 IFC Section 502.2.3) 3. If the vehicle repair garage (Eng Shop, Body Shop & Main Shop) individually exceed 12,000 square feet, a fire sprinkler system shall be installed. If none of these structures exceed 12,000 square feet, a fire sprinkler system will not be required. Additionally, tire storage shall be limited to 6 feet in height, if no sprinkler system is installed. 4. A suppression system may be required for the paint booth proposed. Additional information shall be provided to determine the suppression requirements for the paint booth. 5. Complete specifications and building construction plans shall be submitted directly to the Fire District (AFPD) for review and approval at the same time plans are submitted to the Wheat Ridge Building Department and prior to construction occurring. The developer is encouraged to contact the AFPD Community Risk Reduction Division to verify plan submittal requirements and Fire District permit fees prior to plans submittal. 6. An inspection to verify fire code compliance will be required prior to occupancy. 7. For additional information regarding development requirements, follow the provided link. Select "City of Wheat Ridge Service Area" under Development Plan Review. http://www. arvadafire.com/codes—and—amp_permits/application/index.php Please contact me at (303) 403-0477 or via e-mail at steven.parker(a,arvadafire.com if you should have any questions or need further information. Sincerely, Steven Parker Deputy Fire Marshal XcelEnergy SM Right of Way & Permits 1123 West 31 Avenue PUBLIC SERVICE COMPANY eColorado 80223 Tellephoepho ne: 303.571.3306 Facsimile: 303. 571. 3284 donna. l.georg a@xcelenergy. com November 30, 2017 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Scott Cutler Re: SubaPros, Case # SUP -17-04 Public Service Company of Colorado's (PSCo) Right of Way and Permits Referral Desk has determined an development plan review is necessary for the above captioned project. Public Service Company has existing electric transmission lines and associated land rights crossing the northeast corner of the property. Any activity including grading, proposed landscaping, erosion control or similar activities involving our existing right-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner/developer/contractor to contact Mike Diehl, Siting and Land Rights Manager at (303) 571-7260 to have this project assigned to a Land Rights Agent for development plan review and execution of a License Agreement. Please be aware PSCo owns and operates existing electric distribution facilities within the subject property. Should the project require any new gas or electric service or modification to existing facilities, the property owner/developer/contractor must complete the application process via FastApp-Fax-Email-USPS (go to: https://www.xcelenergy.com/start, stop, transfer/new construction service activation for buil ders). 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. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303-571-3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado JEFFERS`N COUNTY COLORADO Public Health MEMO TO: Scott Cutler Wheat Ridge Community Development FROM: Tracy Volkman Jefferson County Environmental Health Services Division DATE: November 27, 2017 SUBJECT: Case #SUP -17-04 11072 W 44th Ave & 4380 Pierson Street Public Health Executive Director Dr. Mark Johnson 303.232.6301 i jeffco.us public_health_info@jeffco.us Jefferson County Public Health (JCPH) has no objection to the proposed development of the property. Please review the following comments and requirements as it would pertain to the Special Use Permit for major auto repair business. PROPOSAL SUMMARY Special Use Permit for major auto repair COMMENTS JCPH has reviewed the documents submitted by the applicant for this special use permit (SUP) to allow a major auto repair business at 11072 W 44th Ave and 4380 Pierson Street and has the following comments: JCPH recommends that the applicant submit the following documents or take the following actions prior to a ruling on the proposed SUP. NOTE: Items marked with a "✓" indicate that the document has been submitted or action has been taken. Please read entire document for requirements and information. Please note additional documentation may be required. ';IJP RFOLJIRFMENTS ✓ Date Reviewed Required Documentation/Actions Refer to Sections Contact the Colorado Department of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management Division at Regulated Facilities 303.692.3320 regarding a spill management Ian Submit a notarized Environmental Questionnaire and Disclosure Statement Regulated Facilities packet, in accordance with the LDR Section 30. Contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division at 303.692.3100 Regulated Facilities regarding an Air Pollutant Emission Notice and possible Permit requirements. 645 Parfet Street, Lakewood, Colorado 80215 J EFFERS�'N COUNTY COLORADO Public Health SUP RECOMMENDATIONS Public Health Executive Director Dr. Mark Johnson 303.232.63011 jeffco.us public_ health_info@jeffco.us ✓ Date Reviewed Required Documentation/Actions Refer to Sections Submit a will serve letter from the Water and Sanitation District indicating public water and sewer can be provided to the proposed Water/Wastewater development. Submit a Sensory Impact Assessment that should be prepared by a qualified professional planner, certified industrial hygienist, or Sensory Impact landscape architect or engineer, registered in Assessment the State of Colorado. Submit a notarized Environmental Questionnaire and Disclosure Statement Environmental Site packet. Assessment Submit a Phase I Environmental Site Environmental Site Assessment. Assessment WATER/WASTEWATER The applicant should provide a will serve letter from the Water and Sanitation District that public water and sewer can be provided to the proposed development. SENSORY IMPACT ASSESSMENT A Sensory Impact Assessment of light, noise and odors is recommended to be prepared by a qualified professional planner, certified industrial hygienist, or landscape architect or engineer, registered in the State of Colorado. Noise Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that maximum residential noise levels must comply with the following 25 feet from the property line: • 55dB(A) between 7:00 a.m. and 7:00 p.m. • 50dB(A) at all other times. The Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that commercial areas must comply with the following maximum noise levels 25 feet from the property lines: • 60dB(A) from 7:00 a.m. to 7:00 p.m. • 55dB(A) at all other times. The Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that light industrial sites must comply with the following maximum noise levels 25 feet from the property lines: • 70dB(A) between 7:00 a.m. and 7:00 p.m. • 65dB(A) at all other times. Colorado Revised Statute 25-12-103 classifies noise that exceeds the maximum permissible noise level as a public nuisance which is a civil matter between the property owner and the complainant. 645 Parfet Street, Lakewood, Colorado 80215 JEFFERS4MN COUNTY C Oi.ORADO Public Health Public Health Executive Director Dr. Mark Johnson 303.232.63011 jeffco.us public_health_info@jeffco.us Odor There is a potential for possible odors that may be associated with an auto repair/paint booth business. ENVIRONMENTAL SITE ASSESSMENT An Environmental Questionnaire and Disclosure Statement (EQDS) should be completed as part of the SUP approval process. The purpose of the EQDS is to provide staff with information to conduct a preliminary assessment of the land interest for the likely presence of recognized environmental conditions. It may also be advised that the applicant conduct a Phase I Environmental Site Assessment to determine if any recognized environmental conditions exist on the property from past use. AIR Land development activities that are less than 25 contiguous acres and less than 6 months in duration are exempt from permitting and do not need to report air emissions to the Division. For these projects, operators must use appropriate control measures to minimize the release of fugitive dust from the site. Please be advised that a vehicle tracking pad or equivalent should be placed at egress points to prevent off property transport of materials during construction. REGULATED FACILITIES Since this development will provide automotive services that will include automotive repair and fueling stations, the applicant should have a written plan in place that specifies how fluid leakage or spills containing hazardous material, such as, motor oil, gasoline, anti -freeze, and lubricants from vehicles and storage containers will be managed. Any spills containing hazardous materials shall be cleaned up in accordance with local, state and federal hazardous waste disposal regulations. Sufficient control measures to prevent any spillage from impacting the area must be in place. The applicant must contact the Colorado Department of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management Division at 303.692.3320 regarding a spill management plan. This agency is the regulatory authority for this plan. Since this proposal will include an auto body shop, an Air Pollutant Emission Notice (APEN) must be submitted to the CDPHE Air Pollution Program for review and approval. It may also require an Air Permit which is also obtained from the CDPHE. The paint booth must be supplied with particle filters and high velocity low pressure (HVLP) spray guns. It is requested that a copy of the APEN submittal be provided to this Department. Routine inspections on this type of facility may be conducted by this Department or the CDPHE. Please contact CDPHE, Air Pollution Control Division at 303.692.3100 for further information about this process. If the proposal will include a fueling station, this would be regulated by the Division of Oil and Public Safety of the Colorado Department of Labor and Employment. All requirements of this agency must be complied with including incorporating a spill and overspill prevention system into the station design. A gasoline station requires an Air Pollutant Emissions Notice to be submitted to the CDPHE, Air Pollution Control Division for review and approval. Any waste materials generated from repair operations must be properly contained and stored on the site prior to transporting to an approved recycling or disposal facility. On site disposal of any such materials is prohibited. Sufficient control measures to prevent any spillage from negatively 645 Parfet Street, Lakewood, Colorado 80215 J E F F E R SIN Public Health ,� �' Executive Director Dr. Mark Johnson COUNTY COLORADO 303.232.6301 1 jeffco. us public_health_info@jeffco.us Public Health impacting the area must be in place. NOTE: These case comments are based solely upon the submitted application package. They are intended to make the applicant aware of regulatory requirements. Failure by Jefferson County Public Health to note any specific item does not relieve the applicant from conforming to all local, state and federal regulations. Jefferson County Public Health reserves the right to modify these comments, request additional documentation, and or add appropriate additional comments. 645 Parfet Street, Lakewood, Colorado 80215 Re case # SUP -17-04, special use permit for major auto repair. Comment opposing special use permit Submitted by Tom Parchman and Elizabeth Smith, 4255 Parfet St. 12/8/2017 Attention Wheat Ridge Community Development Director. We live within sight of the properties which are the subject of this case and we strongly oppose the issuance of a special use permit for major auto repair at the proposed location. A major auto repair facility, especially one of this size, (over 60,000 square feet) will harm the surrounding neighborhoods, hamper redevelopment of the neighborhood commercial center at 44th and Parfet and de -rail the positive momentum created by the new Fruitdale School Lofts. As the authors of the Fruitdale Subarea Plan recognized, Fruitdale is a unique area with great potential. The Fruitdale Lofts, Parkside, and Owens Park, all desirable residential developments, are located less than two blocks from the subject property at 11072 W. 44th Ave. and 4380 Pierson Street. Along with the aforementioned quality housing, there are well maintained office buildings with stable tenants (engineers, attorneys and and federal government workers.) In addition, both Prospect Park and the Wheat Ridge Historical Park are less than three blocks away. Horse properties are interspersed throughout. All of these are land uses consistent with the Fruitdale Subarea Plan. All of these uses benefit the Fruitdale community and all make it a wonderful place in Wheat Ridge. A major auto repair facility spanning the south side of 44th Ave. from Parfet St. to Pierson will detract from the neighborhood's assets and hobble efforts toward achieving the goals stated in the Fruitdale Subarea Plan. A major auto repair facility is a bad fit for Fruitdale. Fruitdale is a relatively small area "[B]ounded by 1-70 on the north, Lee Street on the east, Clear Creek to the south and just west of Tabor Street to the west." Wheat Ridge Comprehensive Plan [WRCP]J; Fruitdale Sub Area Plan. Page 4 of the Fruitdale Subarea Plan states: "West 44"' Avenue in the Fruitdale Sub -Area has the potential to become a unique corridor in the City of Wheat Ridge.... The area is tucked into a protected corner of the City nestled along the Clear Creek Open Space and has retained elements of the City's historical and agricultural heritage.... The Plan recommends embracing this agricultural heritage by encouraging a gardening theme for businesses along the corridor. The Sub -area is the home of Prospect Park, .. .,.� ..�.n..:.-w�-.�....,.a....�,i� the largest of the City Parks, and also the unique Historical Park. Both of the facilities are great assets to the area...." (emphasis ours) The proposed use is incompatible with the goal of adding a sense of place and destination to an area defined by Prospect Park, the Historical Park and the Clear Creek Open Space. It is also incompatible with embracing Fruitdale's agriculture heritage and encouraging the gardening theme. Fruitdale in general, and the area surrounding 11072 W. 44th and 4380 Pierson in particular, have seen great improvement over the last twenty years. This momentum needs to be further encouraged with appropriate development. A large repair facility at this location will discourage the high quality, owner occupied residences and the neighborhood businesses suggested by the sub area plan. Although the Fruitdale Lofts, Parkside, Owens Park and newly built or restored homes in the area proposed for the special use permit fit the WRCP definition of an "established area", the neighborhood still has challenges it must overcome before it can meet the goals stated in the area sub plan. The neighborhood has some problems consistent with the W.R.C.P's definition of a "revitalization area": There are uses inconsistent with established zoning (an industrial vehicle business located in a residential zone and rental housing in a commercial area). Over all, there are more rental properties than is healthy for the neighborhood as well as some poorly maintained homes. In addition, there are run down commercial properties, vacant commercial properties, a "massage parlor", and a "vape lodge" along 44th Ave. The WRCP characterizes a "revitalization area" as one with "Increasing incompatibility of uses.... Less stable than established neighborhoods (eg. increasing maintenance problems, higher crime rates, lower rates of owner occupancy.)" The addition of the large auto repair facility planned for 11072 W. 44th Ave and 4380 Pierson St. will exacerbate these problems and hamper revitalization. II. A maior auto repair facility is a bad fit for a neighborhood commercial center. The Wheat Ridge Comprehensive Plan [WRCP] designates the intersection of 44th and Parfet St. as a "Neighborhood Commercial Center". At page 30, the WRCP states: "Neighborhood Commercial Centers will feature small clusters of businesses and mixed -uses to serve neighborhood needs (at residential, neighborhood scale), offer unique niche business opportunities and add a "sense of place" and destination within distinct neighborhoods." The neighborhood commercial center at 44th Ave and Parfet St. needs mixed uses that serve local residents. Approval of the special use in question will not meet that need. The intersections of 44" and Parfet and 44th and Pierson are already saturated with motor vehicle businesses. At the 44th and Parfet intersection there is an auto repair shop on the N.E. corner (Merkles), and a vehicle accessories shop selling ATVs and snowmobiles on the S.E corner (Four to Go). At the S.W. corner of 44th and Pierson there is an auto body shop (Reflections). If a special use permit for major auto repair is granted for the both the S.W. corner of 44th and Parfet and the S.E corner of 44th and Pierson, those two intersections will have four motor vehicle facilities and a massage parlor. ( The notorious "King 7 Spa" is located on the N. E. corner of Pierson St.) Locating a large auto repair facility, covering over 60,000 sq. ft., will make any mixed uses and "businesses serving the neighborhood at a residential, neighborhood scale" impossible: There will be no spaces for other types of businesses at this neighborhood commercial center. Moreover, the proposed use is incompatible with the goal of "add[ing] a sense of place and destination" to an area defined by Prospect Park, the Historical Park and the Clear Creek Open Space, and with embracing the area's agriculture heritage and encouraging the gardening theme. Pursuant to the WRCP, page 30, the goals for the intersection of 44th Ave and Parfet St., as a neighborhood commercial center, are: ELU 2: "Attract quality retail development and actively retain existing retailers to locate in Wheat Ridge." ELU 4: "Increase the diversity of the land uses." ELU 5: "Revitalize key redevelopment areas" NH 2: "Increase housing options." NH 3: "Increase investment and stability in Neighborhood Revitalization Areas." NH 4: "Stimulate investment and redevelopment in Neighborhood Buffer Areas." SF 1: "Establish and maintain a resilient sustainable tax base." It is important to note that according to the WRCP, the strategy to achieve SF 1 is "Focus on attracting strong households and a healthy mix of ages within the community." (WRCP p. 97). SF 4: "Create a Healthy and Active Community" Approval of a special use permit for a major auto repair facility will not increase the diversity of land use. It will not lead to more single family owner occupied homes. It will not attract retail development, other than another motor vehicle oriented business. It will not revitalize a commercial area that needs to be revitalized. Because it will discourage owner occupied housing, it will not increase stability in the neighborhood or attract strong households and a healthy mix of ages in the community. Only a greater variety of quality retail establishments will help to reach these goals. Approval of this special use permit will instead hinder any creation of a true neighborhood commercial center 44th and Parfet. Also, it will not create the kind of atmosphere that encourages increased visits to Prospect Park and the Wheat Ridge Historical Park. A coffee shop, small market or hot dog/ice cream place and a place for lunch would do that. A maior auto repair facility is a poor fit with an up and coming residential area. The quality of housing in the residential areas surrounding the proposed special use site is improving. Within the last five years a million dollar home has been built on what was previously and junk yard on Parfet St. south of 44th. Also on Parfet, a home that was once an eye sore and a health hazard (no working furnace, non-functioning septic system, junk strewn yard filled with tall weeds, no trash or garbage removal and animal feces throughout the home and the yard) has been gutted and transformed into a beautiful house with a well landscaped lot. Other new home owners with children have moved in on Parfet and made improvements as well. On both Parfet and Pierson streets south of 44th longtime residents have kept large homes on big lots well maintained. Desireble housing such as that described above is present in the area in addition to the Fruitdale Lofts, Owen's Park and Parkside developments. While Fruitdale in general, and the area surrounding 11072 W. 44th and 4380 Pierson in particular, have made great strides recently, this momentum needs to be encouraged with appropriate and the area needs more improvement. A large repair facility will discourage the high quality owner occupied residences and neighborhood businesses identified in the sub area plan. Although the Fruitdale Lofts, Parkside, Owens Park and newly built or restored homes in the area proposed for the special use permit fit the WRCP definition of an "established area", the neighborhood has challenges it must overcome before the goals stated in the area sub plan can be met. A large major auto repair facility at the proposed location does not fit with a high quality residential area, especially because there is no buffer between the proposed special use properties and the homes between there and Clear Creek. The large buildings, and security lighting present at the site can be seen from back yards of most if not all residences on both Pierson and Parfet streets south of 44th. The noise and fumes, as well as the light pollution and the increased traffic generated by an auto repair facility of this size will be a nuisance for all of the residents, especially in the summer when repair bay doors are open. Use of the subject properties for a major auto repair facility will not lead to an increase in property values and it will discourage further investment in single family, owner occupied housing homes in the immediate area. For the reasons stated above, and for the future of our neighborhood, we strongly urge you to reject the special use permit associated with Case #SUP -17-04., To City of Wheat Ridge is -�-,-7 12/07/17 Property Address: 11072 W. 44th Avenue & 4380 Pierson Street Case SUP -17-04 (sign difficult to read) I am writing in regards to the public notice for property at 11072 W 44th Ave. SubaPro to obtain license or to be allowed to move to above noted location,regertds-to-" ubL tl . My concerns are noise disturbance, light pollution, noise pollution and environmental pollution, all of which negatively affects residents home life, enjoyment and safety of their home, street, neighborhood and surrounding parks and wildlife. Neighborhoods and the city parks are located next door, down the street and less than % a mile away. First I am issuing a complaint in regards to how the Neighborhood Meeting Notes were written. The notes written by the city were in favor of Subapro and did not correctly reflect the concerns of the attendees. More importantly the City of Wheat Ridge, wrote the notes, as if the information provided by SubaPro was proven facts. Example, EPA has approved the waste oil burners. This is not a correct or factual statement, there are multiple factors when using waste oil burners, and types etc. and not everything is approved. Also, Wheat Ridge left out multiple concerns brought up by the attendees of the neighborhood. For instance, 1 brought up pollution, water pollution and danger to the wildlife. Not noted. Also, the notes stated that they recycle the waste oil and only burn sometimes. Subapro does not recycle any waste oil, they use it in waste oil burners per what the representative stated to us at the meeting. I vote against allowing SubaPro to move in to this location and/or receive the special permit/license for the following reasons. 1- Noise Issues: These are our homes, we live next door and down the street to this property. We have the right to quite enjoyment/livability per Colorado State Statutes. There will be excessive noise pollution due to the repair shops actual function. They will be using drills, doing car repairs, working on vehicles, new and damaged vehicles, we will hear the constant noise from impact wrenches, pneumatic tools, hydrolytic lifts, waste oils collection, trash collections, vehicle parking, and vehicle storage. We have a right to quite livability and enjoyment per Colorado state law. The traditional definition of noise is "unwanted or disturbing sound". Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one's quality of life. Studies have shown that there are direct links between noise and health. Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity. Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health effects. Prolonged and excessive exposure to noise results in long term harm to your hearing. This is irreversible, once you lose your hearing that's it - it's gone! It accelerates the normal hearing loss we get as we grow older and can cause a permanent sensation of ringing in the ears, known as tinnitus. Less -obvious side effects such as increased pulse rate, blood pressure and breathing rate indicate that noise (and vibration) causes stress. The Noise Effects Handbook. Office of Noise Abatement and Control, US EPA 2 - SubaPro stated they burned waste vehicle oil, and other toxic fluids, such as vehicle cooling fluids, etc. Waste oil in not the best way to reuse oils. Recycling is the best way due to the shortage of fossil fuels. Per the Environmental Protection Agency rules that went into effect in 2010/2011 Unlike heating oil, waste oil can contain numerous hazardous materials that enter our air when burned per EPA, the smell is not removed per EPA. Even if unburned, waste oil can harm the environment. Proper disposal is crucial. The smell is not removed when burning and creates an odor nuisance issue. The chemicals found in auto body shops, that people ought not to be exposed to are still used in auto body work. Common solvents are xylene, acetone, alcohol, and sometimes NMP, for example Acetone can cause dizziness and irritate the nose, throat, lungs and eyes. What pollutants are in waste oil smoke? Waste oil varies in its components, based on how it was used. Often, waste oil contains toxic heavy metals that will be released into the air if burned as fuel. Any fuel that is not designated by EPA as safe to burn (such as heating oil, a safe alternative to waste oil,) may contain harmful air toxics. All waste oil must be tested before it can be burned safely and legally. Here is an example of possible pollutants from waste oil combustion and their standards taken from Allegheny County Health Department Rules and Regulations Article XXI §2105.31: Arsenic 5 ppm maximum Cadmium 2 ppm maximum Chromium 10 ppm maximum Lead 100 ppm maximum PCB's 5 ppm maximum Ash 0.3 % maximum Bottom Sediment and Water 2.0 % maximum A study was done by multiple agencies, including the EPA, in conjunction with research colleges. They found the below to be pollution issues of Auto Repair shops. Auto Repair Shops Pollution - In many communities, auto repair shops represent the largest generators of hazardous waste among small businesses. These repair shops have the potential to generate pollution in the vicinity due to the following main activities: • Handling of chemicals may generate environmental pollution (auto repair pollution) through activities associated with usual repair work such as the replacement of auto parts, the cleaning and dismantling of engine and other car components, painting, and even through the regular change of fluids (e.g., oil, transmission fluid). These repair activities introduce or have the potential to 2 (handled chemicals) in the environment through accidental spills or leaks, as well as through volatilization of the auto repair solvents during regular handling activities. • Waste -generating and management also have the potential to pollute the environment since the generated waste may be spilled or can leak from storage containers. Additionally, improper waste management involving inappropriate auto repair pollution disposal may also account for environmental pollution at and around auto repair shops. Examples of generated waste include the replaced auto fluids or the used cleaning solvents. These wastes pose a health threat to humans and environment, if they are spilled or not properly collected and disposed of. The main categories of auto shop pollution and associated individual chemicals/pollutants include, but it is not limited, to: Auto Repair Pollution Solvents Auto repair pollution solvents — these are organic solvents used in degreasing/cleaning operations. These are volatile compounds (they transition from a liquid into a gaseous phase under normal temperature and pressure). Examples of such organic solvents are: • Chlorinated solvents which are usually highly toxic in small amounts and highly resistant to environmental degradation (thus persisting in the environment); examples of chlorinated solvents used (mainly in cleaning and degreasing activities) in auto repair shops are: o Trichloroethylene (TO probably the most common chlorinated solvent used in auto shops o Carbon tetrachloride (CT) o Methylene chloride o Perchloroethyiene (PCE or PERC) • Petroleum hydrocarbons (contain only carbon and hydrogen) are usually less toxic and more degradable in the environment as compared to chlorinated solvents. Examples of the most commonly used petroleum solvents include: o Toluene o Xylene • other organic solvents — may be less toxic and more degradable than both chlorinated and petroleum solvents and are preferred to those; the most common example is: o Methyl ethyl ketone (MEK) 3 Auto Shop Pollution Fluids Auto shop pollution fluids — include the used replaced engine oil, transmission and brake fluids. These fluids are oil based (organic chemicals such as motor oil or hydraulic oil composed of a mixture of hydrocarbons with elevated boiling point and known under the generic name of heavy petroleum distillates) and may contain a series of toxic heavy metals. The heavy metals usually leak in the auto fluids from a series of parts (such as welds, radiators or other engine components) during normal vehicle operation. Thus concrete contaminants associated with auto pollution fluids include: • Heavy oil distillates (e.g., motor oil, hydraulic fluid) • Blended oils and glycol solutions (constitute transmission and brake fluids) • Heavy metals — various heavy metals may leak out into the environment with the engine fluid Auto Repair Pollution Antifreeze Auto repair pollution antifreeze — is represented by the coolant fluids, which contain: • Ethylene glycol (poisonous to animals and humans) • Pb may leach and contaminate the coolant fluid Auto Repair Pollution Washers Auto repair pollution washers — is generated through washing cars and auto parts. The washing fluid (usually water) contains: • oils • heavy metals and other contaminants from cars; • detergents Auto Repair Pollution Refrigerants Auto repair pollution refrigerants - refrigerants used in air conditioning systems consists mainly in: • CFC -12 (Freon 12) was used as refrigerant in cars before 1995, while it is currently banned since it was found to destroy the ozone layer; 4 • HFC -134 more recently used — it does not affect the ozone layer but it is a greenhouse gas, which is why replacements are investigated Auto Shop Pollution Paints Auto shop pollution paints — the auto paints contain a series of organic solvents, of which commonly used is: • Methyl ethyl ketone (MEK) — this is many times the solvent of choice due to its high volatility and relative high solubility in water. If higher amounts accumulate in the environment, MEK may travel over higher distances with groundwater due to its solubility. Thus, a possibility always exists for this contaminant to spread in the surrounding areas and possibly contaminate neighboring properties (usually within 1 mile of an auto repair shop) Auto Repair Pollution Rags Auto repair pollution rags — their improper environmental disposal/storage may result in pollution of the surrounding environment. These rugs usually are contaminated with: • Oils (heavy distillates such as motor oil or hydraulic fluids) • Heavy metals (a suite of metals could leach from the engine parts) Old Replaced Auto Battery Pollution Old replaced auto battery pollution — split or broken batteries constitute an environment hazard and should be handled as hazardous waste. This is due to their content of: • Acid solutions • Pb Auto Repair Pollution Losses Auto repair pollution losses — last but not least, spills and leaks may occur during the repair work or normal storage of cleaning solvents, paints, engine fluids, etc. S 3 — When reviewing the current Subapro property, multiple items were seen on their campus, multiple used cars, multiple repair cars, salvage cars, oil spills, antifreeze spills, dirty storage areas and improper handling of vehicle parts and fluids. 4 — Water Pollution potential Cars and trucks leave "car dirt", this is bits of tires, brakes, and rusty metal. This increases exponentially at auto repair facilities. Cars and trucks leave oil, grease, and transmission fluid stains on driveways and parking lots. Cars also collect leaking oils and other fluids and can accumulate other "road dirt." Less visible are the tiny exhaust particles that gradually settle out of the air or come down with rain or snow. What happens to the "car dirt," "road dirt," and oils and fluids when it rains or snows? Rain and melting snow wash these pollutants off the vehicles, parking lots and repair facilities. This "car dirt" flow across the pavement, down the gutter, into storm drains, and ultimately into our waterways. Five quarts of waste oil can create an oil slick the size of two football fields or pollute a million gallons of drinking water. Antifreeze is very poisonous to people and animals. Because of its sweet taste and smell, antifreeze may attract children or pets and other animals. Drinking only three ounces may kill an adult and even less will kill children or pets and wildlife. Phosphates in soap are a form of fertilizer that causes excess weed and/or algae growth. Weeds and algae decompose and consume oxygen needed by fish, frogs, and crayfish. Even on nice days, polluted water continues to flow out of storm sewers. These scenarios are real and negatively affect the environment. Near this area are waterways and classified wetlands. 5 — Prospect Park is less than % a mile away from this property. It houses protected migratory birds and other wildlife, including owls, hawks, deer, rabbits, etc. Noise pollution, light pollution and environmental pollutions affect daily biochemistry, physiology, behaviors and daily rhythms of wildlife, the circadian clock thus having negative effects on the health of ecosystem. 6 — The area in which this company wants to move is turning into a car zone, with a spa across the street where sexual acts are performed for pay. The cities plan was to make this area a combination food, art, shops, activity area 2 going down the mains streets to beautify and positively grow Wheat Ridge. Our neighborhood is starting to look like a ghetto. The adult store down the street, football field to close to homes causing major noise issues soon, the hotel by the park, including the new storage building on Youngfield and 44`h are all contributing to the decrease in home value in our neighborhoods and again making it look more like a dirty industrial section of the inner city. Recent waives of graffiti have been showing up, which typically shows in more industrial looking streets and areas as well. In the three mile vicinity near us, there has been at least four vehicle thefts in the last few months. With another car lot, repair shop theft can increase and there is more of a chance of this occurring. Our homes become more visible due to the influx of people scoping out potential areas to rob and to the increased traffic and cliental, add that with the sex parlor across the street and it becomes less safe for families, residents and children. I again, vote against the special permit or allowing this company to move in. Melissa Lawrence 4260 Pierson Street Wheat Ridge Co 80033 melissafreedom@yahoo.com 7 f� � hr± y� 4 24+V�i - 14. • 2i ce 4 i a it December 7 2017 Community Development Director City of Wheat Ridge, Colorado RE: Case No. SUP -17-04 To Whom It May Concern: This letter is to serve as my additional comments/concerns regarding the Special Use Permit application submitted by SubaPros Repair Facility pertaining to the property at 11072 W 44th Avenue & Pierson Street in Wheat Ridge, CO. I, personally, am neither for nor against said permit application. I would, however, like you to give my concerns ample attention and consideration so that this is addressed and a plan in place to fix these issues prior to this Special Use Permit being approved. As a bordering neighbor of the property in question, I did attend the Neighborhood Meeting on Wednesday, November 8, 2017; however, the question I posed at the time was neither addressed, nor answered. If you will look at page 4 of your Neighborhood Meeting Notes, the next to the last question posed said, "The neighbor to the south alleged the subject property drains onto her property." The property in question does, in fact, drain onto my property — whether it be from a hard rain, or snow melt, or from someone simply rinsing off the pavement of dirt and grime. This is a very real concern of mine, especially if this Special Use Permit is granted for a "major auto service, repair and maintenance shop" which has derelict vehicles sitting on the property, whether waiting to be repaired or being used for parts or to be "fixed up". As these vehicles leak various fluids onto the ground, it follows through, with the current drainage patterns, that said fluids will be flowing, draining or dripping onto my property, where I have animals that would be negatively affected by same. I feel that this issue alone violates your Criteria for Review [ 1.] — the special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. Another point I would like addressed are the photos I am attaching of their current facility and "yard" where they have derelict vehicles parked in the lot, as well as a huge mountain of scrap tires piled between their two buildings. I do not believe this would be in compliance with the City of Wheat Ridge's codes. This may or may not be their future plan, but it would seem that this would be in direct violation of your Criteria for Review [2.] — the special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. ,,,,,.,.,..,....,�..,.�...w.:.. _ _ Please feel free to contact me with any questions you may have for me. Respectfully, Julie Rochel 4351 Parfet St Wheat Ridge, CO 80033 720-366-7797 J E F F E P S 14-15.6"N COUNTY COLORADO Public Health MEMO TO: Scott Cutler Wheat Ridge Community Development FROM: Tracy Volkman Jefferson County Environmental Health Services Division DATE: November 27, 2017 SUBJECT: Case #SUP -17-04 11072 W 44' Ave & 4380 Pierson Street Public Health Executive Director Dr. Mark Johnson 303.232.63011 jeffco.us public_health_info@jeffco.us Jefferson County Public Health (JCPH) has no objection to the proposed development of the property. Please review the following comments and requirements as it would pertain to the Special Use Permit for major auto repair business. PROPOSAL SUMMARY Special Use Permit for major auto repair COMMENTS JCPH has reviewed the documents submitted by the applicant for this special use permit (SUP) to allow a major auto repair business at 11072 W 4411 Ave and 4380 Pierson Street and has the following comments: JCPH recommends that the applicant submit the following documents or take the following actions prior to a ruling on the proposed SUP. NOTE: Items marked with a "✓" indicate that the document has been submitted or action has been taken. Please read entire document for requirements and information. Please note additional documentation may be required. SUP REQUIREMENTS ✓ Date Reviewed Required Documentation/Actions Refer to Sections Contact the Colorado Department of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management Division at Regulated Facilities 303.692.3320 regarding a spill management Ian Submit a notarized Environmental Questionnaire and Disclosure Statement Regulated Facilities packet, in accordance with the LDR Section 30. Contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division at 303.692.3100 Regulated Facilities regarding an Air Pollutant Emission Notice and possible Permit requirements. 645 Parfet Streei, Lakewood, Colorado 80215 J EFFERS:.'N COUNTY COLORADO Public Health SUP RECOMMENDATIONS Public Health Executive Director Dr. Mark Johnson 303.232.63011 jeffco.us public_health_info@jeffco.us ✓ Date Reviewed Required Documentation/Actions Refer to Sections Submit a will serve letter from the Water and Sanitation District indicating public water and sewer can be provided to the proposed Water/Wastewater development. Submit a Sensory Impact Assessment that should be prepared by a qualified professional planner, certified industrial hygienist, or Sensory Impact landscape architect or engineer, registered in Assessment the State of Colorado. Submit a notarized Environmental Environmental Site Questionnaire and Disclosure Statement Assessment packet. Submit a Phase I Environmental Site Environmental Site Assessment. Assessment WATER/WASTEWATER The applicant should provide a will serve letter from the Water and Sanitation District that public water and sewer can be provided to the proposed development. SENSORY IMPACT ASSESSMENT A Sensory Impact Assessment of light, noise and odors is recommended to be prepared by a qualified professional planner, certified industrial hygienist, or landscape architect or engineer, registered in the State of Colorado. Noise Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that maximum residential noise levels must comply with the following 25 feet from the property line: • 55dB(A) between 7:00 a.m. and 7:00 p.m. • 50dB(A) at all other times. The Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that commercial areas must comply with the following maximum noise levels 25 feet from the property lines: • 60dB(A) from 7:00 a.m. to 7:00 p.m. • 55dB(A) at all other times. The Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that light industrial sites must comply with the following maximum noise levels 25 feet from the property lines: • 70dB(A) between 7:00 a.m. and 7:00 p.m. • 65dB(A) at all other times. Colorado Revised Statute 25-12-103 classifies noise that exceeds the maximum permissible noise level as a public nuisance which is a civil matter between the property owner and the complainant. 645 Parfet Street, Lakewood, Colorado 80215 J E F F E P S 120-#iw N COUNTY COLORADO Public Health Public Health Executive Director Dr. Mark Johnson 303.232.63011 jeffco.us public_health_info@jeffco.us Odor There is a potential for possible odors that may be associated with an auto repair/paint booth business. ENVIRONMENTAL SITE ASSESSMENT An Environmental Questionnaire and Disclosure Statement (EQDS) should be completed as part of the SUP approval process. The purpose of the EQDS is to provide staff with information to conduct a preliminary assessment of the land interest for the likely presence of recognized environmental conditions. It may also be advised that the applicant conduct a Phase I Environmental Site Assessment to determine if any recognized environmental conditions exist on the property from past use. AIR Land development activities that are less than 25 contiguous acres and less than 6 months in duration are exempt from permitting and do not need to report air emissions to the Division. For these projects, operators must use appropriate control measures to minimize the release of fugitive dust from the site. Please be advised that a vehicle tracking pad or equivalent should be placed at egress points to prevent off property transport of materials during construction. REGULATED FACILITIES Since this development will provide automotive services that will include automotive repair and fueling stations, the applicant should have a written plan in place that specifies how fluid leakage or spills containing hazardous material, such as, motor oil, gasoline, anti -freeze, and lubricants from vehicles and storage containers will be managed. Any spills containing hazardous materials shall be cleaned up in accordance with local, state and federal hazardous waste disposal regulations. Sufficient control measures to prevent any spillage from impacting the area must be in place. The applicant must contact the Colorado Department of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management Division at 303.692.3320 regarding a spill management plan. This agency is the regulatory authority for this plan. Since this proposal will include an auto body shop, an Air Pollutant Emission Notice (APEN) must be submitted to the CDPHE Air Pollution Program for review and approval. It may also require an Air Permit which is also obtained from the CDPHE. The paint booth must be supplied with particle filters and high velocity low pressure (HVLP) spray guns. It is requested that a copy of the APEN submittal be provided to this Department. Routine inspections on this type of facility may be conducted by this Department or the CDPHE. Please contact CDPHE, Air Pollution Control Division at 303.692.3100 for further information about this process. If the proposal will include a fueling station, this would be regulated by the Division of Oil and Public Safety of the Colorado Department of Labor and Employment. All requirements of this agency must be complied with including incorporating a spill and overspill prevention system into the station design. A gasoline station requires an Air Pollutant Emissions Notice to be submitted to the CDPHE, Air Pollution Control Division for review and approval. Any waste materials generated from repair operations must be properly contained and stored on the site prior to transporting to an approved recycling or disposal facility. On site disposal of any such materials is prohibited. Sufficient control measures to prevent any spillage from negatively 645 Parfet Street, Lakewood, Colorado 80215 J EFFERS,';N COUNTY COLORADO Piiblic Health impacting the area must be in place. Public Health Executive Director Dr. Mark Johnson 303.232.6301 1 jeffco.us public_health_info@jeffco.us NOTE: These case comments are based solely upon the submitted application package. They are intended to make the applicant aware of regulatory requirements. Failure by Jefferson County Public Health to note any specific item does not relieve the applicant from conforming to all local, state and federal regulations. Jefferson County Public Health reserves the right to modify these comments, request additional documentation, and or add appropriate additional comments. 645 Parfet Street, Lakewood, Colorado 80215 Scott Cutler From: Tracy R. Volkman <tvolkman@cojefferson.co.us> Sent: Wednesday, November 29, 2017 12:37 PM To: Scott Cutler Cc: Theresa Leichtweis Subject: RE: SUP -17-04 11072 W 44th Ave & 4380 Pierson Street Follow Up Flag: Follow up Flag Status: Flagged Hi Scott, Thank you for the opportunity to clarify. The applicant must contact the CDPHE regarding a Hazardous Materials Spill Management Plan and Air Pollution Control requirements for the auto repair/body/paint booth operations. It is up to you whether you want to see that they have complied or not. The penalties are pretty expensive if they don't adhere to this section, so it is really provided for the benefit of the applicant to contact the State regarding these requirements. I don't want them fined or running into trouble with the State. I meant to remove the Environmental Questionnaire and Disclosure Statement off of the first table. Sorry about that, that was moved to the recommendation table and I simply forgot to take that off the first table. I included all of the other items in the second table as recommendations only for your agency and the applicant to consider. They are what is required for unincorporated Jefferson County and really the only reference we have on what we look for on planning cases. I do understand that their regulations do not apply to your cases and are not meant to take the place of what is required locally at your municipality. They are strictly recommendations for your agency to consider when evaluating the development proposal. We are not requiring anything for this specific case. If for example the case had a component that we locally regulate, such as, a septic system, a restaurant, a pool or childcare, then we would require certain things to be done by our agency. I hope that helps. Feel free to contact me should you have further questions. Again, we appreciate your consideration in allowing us to evaluate these cases. Have a great day! Tracy Tracy R. Volkman, REHS) Environmental Health Services Jefferson County Public Health 645 Parfet St. Lakewood, CO 80215 o 303-271-5763 f 303-271-5760 tvolkman@ieffco.us JEFFERS11NI COUNTY Find us on the web: http:Ftieffco.us1Pubiic-health( Facebook I Twitter I Instagram From: Scott Cutler [mailto:scutler@ci.wheatridge.co.us] Sent: Wednesday, November 29, 2017 12:18 PM To: Tracy R. Volkman <tvolkman@co.jefferson.co.us> Cc: Theresa Leichtweis <tleicht@co.jefferson.co.us> Subject: RE: SUP -17-04 11072 W 44th Ave & 4380 Pierson Street Hi Tracy It's my understanding that the applicant is working through the proper regulatory agencies, particularly regarding the paint booth. We also have will -serve letters from the utility agencies. It was a little unclear to me if you are requiring anything versus just recommending the applicant submit the documents. I want to make sure I communicate expectations to the applicant since these steps are beyond what the City would require. Let me know if you're able to clarify. Thanks! Scott Cutler Planning Technician Office Phone: 303-235-2849 City of heat C:nmMue�rt�r l)rvrs��r�rxr From: Tracy R. Volkman [mailto:tvolkman@co.iefferson.co.us] Sent: Monday, November 27, 2017 1:30 PM To: Scott Cutler <scutler@ci.wheatridge.co.us> Cc: Theresa Leichtweis <tleicht@co.iefferson.co.us> Subject: SUP -17-04 11072 W 44th Ave & 4380 Pierson Street Hi Scott, Thank you for the opportunity to comment on this case. Please see the attached document for our comments. Call or email should you have questions. Can you also add Terri Leichtweis when referring cases to us. She also is involved in the review of development cases and we cover for each other in the event one of us is out of the office. Her phone number is 303.271.5776 and her email is tleicht(aD_ieffco.us. I have copied her on this email for your convenience. Thanks again and have a great day! Tracy Tracy R. Volkman, REHS Environmental Health Services Jefferson County Public Health 645 Parfet St. Lakewood, CO 80215 c 303-271-5763 f 303-271-5760 tvolkman@ieffco.us t*03�Allison a Fire Protection Diatrict Way Arvada CO 80005 • 303-424-3012 • 303-432-7995 fax December 4, 2017 Mr. Scott Cutler, Planning Technician City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80033 Re: Special Use Permit at 11072 W 40 Ave and 4380 Pierson St. — SUP -17-04 Mr. Cutler: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. Written indication of compliance and/or modifications to the plans are required to be provided on the next submittal. 1. This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (AFPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak St. 2. Fire apparatus access roads shall be provided with an approved all-weather surface (concrete or asphalt). Access roads shall be capable of supporting an imposed load of 85,000 pounds. (2009 IFC Section 502.2.3) 3. If the vehicle repair garage (Eng Shop, Body Shop & Main Shop) individually exceed 12,000 square feet, a fire sprinkler system shall be installed. If none of these structures exceed 12,000 square feet, a fire sprinkler system will not be required. Additionally, tire storage shall be limited to 6 feet in height, if no sprinkler system is installed. 4. A suppression system may be required for the paint booth proposed. Additional information shall be provided to determine the suppression requirements for the paint booth. 5. Complete specifications and building construction plans shall be submitted directly to the Fire District (AFPD) for review and approval at the same time plans are submitted to the Wheat Ridge Building Department and prior to construction occurring. The developer is encouraged to contact the AFPD Community Risk Reduction Division to verify plan submittal requirements and Fire District permit fees prior to plans submittal. 6. An inspection to verify fire code compliance will be required prior to occupancy. 7. For additional information regarding development requirements, follow the provided link. Select "City of Wheat Ridge Service Area" under Development Plan Review. http://www.arvadafire.com/codes_and amp_permits/application/index.php Please contact me at (303) 403-0477 or via e-mail at steven.parker(aarvadafire.com if you should have any questions or need further information. Sincerely, Steven Parker Deputy Fire Marshal City Of "�Wh6atRjdLc PUBLIC WORKS Memorandum TO: Scott Cutler, Planning Technician FROM: Dave Brossman, Development Review Engineer DATE: November 21, 2017 SUBJECT: SUP -17-04 — SubaPros — 11072 W. 44th Avenue and 4380 Pierson Street. I have completed my review for a request for approval of a Special Use Permit for the property located at 11072 W. 44th Avenue and 4380 Pierson Street received on November 21, 2017, and I have the following comments: 1. It does not appear that the current rezoning proposal entails any site changes which could trigger traffic or drainage requirements. Public Works has no comments regarding this Special Use Permit approval. To Scott - SubaPros 11072 W. 44th Ave 1st Review.docx XcelEnergy SM Right of Way & Permits 1123 West 3`d Avenue Denver, Colorado 80223 PUBLIC SERVICE COMPANY Telephone: 303.571.3306 Facsimile: 303. 571. 3284 donna.l.george@xcelenergy.com November 30, 2017 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Scott Cutler Re: SubaPros, Case # SUP -17-04 Public Service Company of Colorado's (PSCo) Right of Way and Permits Referral Desk has determined an development plan review is necessary for the above captioned project. Public Service Company has existing electric transmission lines and associated land rights crossing the northeast corner of the property. Any activity including grading, proposed landscaping, erosion control or similar activities involving our existing right-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner/developer/contractor to contact Mike Diehl, Siting and Land Rights Manager at (303) 571-7260 to have this project assigned to a Land Rights Agent for development plan review and execution of a License Agreement. Please be aware PSCo owns and operates existing electric distribution facilities within the subject property. Should the project require any new gas or electric service or modification to existing facilities, the property owner/developer/contractor must complete the application process via FastApp-Fax-Email-USPS (go to: https://www.xcelenergy.com/start, stop, transfer/new construction service activation for buil ders). 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. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303-571-3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Scott Cutler From: Mark Moellenberg Sent: Tuesday, November 21, 2017 1:46 PM To: Scott Cutler Subject: RE: SUP -17-04 Referral Hey Scott - I don't see any issues as far as the PD is concerned. Thanks, Moe Sgt. Mark Moellenberg Criminal Investigations Bureau Wheat Ridge Police Department 7500 W. 29`h Avenue Wheat Ridge, CO 80033 Desk: 303-235-2904 FAX: 303-235-2949 mmoellenberg@ci.wheatridge.co.us ( 1IN' k)l whc'%at I IN LkI ky(- P t} t t t. t D t 1'r'1 is i Nt L N'l `- 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: Scott Cutler Sent: Tuesday, November 21, 2017 1:00 PM To: Mark Moellenberg Subject: SUP -17-04 Referral Mark, The Community Development Department has received a request for approval of a Special Use Permit at 11072 W. 44th Avenue and 4380 Pierson Street (Case No. SUP -17-04). Please download the application documents from the City drive: Folder: V:\Community Development\ Land Use Case Referral File name: SUP -17-04 — SubaPros Comments are due by November 6, 2017; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Scott Cutler Planning Technician 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2849 Fax: 303-234-2849 www.ci.wheatridge.co.us Pity of Whe, atR CommuNiTy Dl,vrl.cr�aylrNl 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. 11/27/17 MON 08:39 FAX 303 424 0828 VALLEY WATER DIS 16001 VALLEY WATER DISTRICT 12101 WEST 52ND AV I:NUL WHEAT RIDGE, COLORADO 80033 TEm,,11110NFi 303-424-9661 FAX 303-424-0828 Novt:mbci 27., 2017 SGOtt Cutler City crf Wheat Ride 7500 W. 29"' Avent.le Wheat Ridgc, CO KOt')i Dear Scol.t: In response to your inquiry regarding Case No. SU11-17-0-1, SubaPros, the Valley Water 1)istrict offer's the following comments; The District cul'feiltly provides Water Service to both addresses. The District can continue to serve the }rr'opert.ieS in the future;. S1101.11d irttprovenlents to the site retluir'c a larger wtr,ter tap, tltc Owner would be responsible for increasing the tap size at their expense. Should (lie Arvada lire Protection I')istrict requires additional hydrant, 01- fire sprinkler lines, they would be installed at the owner's expense. Please; fool free to contact me with any 1111-ther CILICStions. Sincerely, �+�`•/ it ,� � � '✓ Ka�t�l cell M. Kadrtue k District Office. Manager a .1- City Of Wheatdge 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 LETTER NOTICE November 28, 2017 Dear Property Owner: This is to inform you of Case No. SUP -17-04, a request for approval of a special use permit to allow major automotive repair, service, paint and body work on the property located at 11072 West 44th Avenue and 4380 Pierson Street. The property is zoned Commercial -One (C-1), and in this zone district a major auto service, repair and maintenance shop is considered a special use. A special use is a land use that may or may not be compatible with the surrounding neighborhood and therefore requires additional review. Approval of a special use is dependent on compatibility with surrounding uses, design of the property, and operation and management of the use. Please see the attached image on the back of this page for a map demonstrating the area of expansion. Pursuant to Section 26-114 of the City Code, a special use permit (SUP) can be reviewed and approved by the Community Development Director without the need for a public hearing. You are receiving this letter because prior to any approval of an SUP, all adjacent property owners are required to be notified of the request by mail. If you have any questions about this request, please contact the Planning Division at 303-235- 2846. If you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on Friday, December 8, 2017. Thank you. www.ci.wheatridge.co.0 s 04411 04475 r 04W 11#9 40J 10900 i} 44 ` 04435 04420 08 - -- 7,k 04440 1 11221 s 1 085 . a 1 5 1 1 11049. �1 11 51 1 11049 11049 n. - , t.- 44TH AVE 47—, , 72 X11072 j-- 80= 11130 11130 0072 1fl900 . 04393.. 04365 10930 04375 iii 0 pi 1 .. z ' 04355 _ 04341 04375 f324' .• 0 04351 i j - ti x{ 4322= w z LU 04365 a W 0430.1 :0]445 431 60 04341 04 31 04 ----- 043 55 - - '� ,tl431 i 04350 x(144227 -'.�_: - t _ •� _@423 Q430Z' 04301 30 - 04305.. 440 t -' 04' ,;. 04285 04200. �r 1 04280 04285 = r 0200 � T� 5855B WADSWORTH LLC AUTO REFLECTIONS INC BAMBERGER LUCAS BAMBERGER KAREN 06337 UMBER CIR 11114 W 44TH AVE 04375 PIERSON ST ARVADA CO 80403 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BRUNKER MICHAEL MILLER DANIEL CAA VENTURES LLC CERNIK PETER SAMUEL 04365 PARFET ST P 0 BOX 518 04355 PARFET ST WHEAT RIDGE CO 80033 EVERGREEN CO 80437 WHEAT RIDGE CO 80033 DEVRIES RICHARD D DEVRIES DIANE M ELLIOTT DINA PIERSON GROUP LTD 04300 PARFET ST 17076 W 85TH LN 13847 W 22ND AVE WHEAT RIDGE CO 80033 ARVADA CO 80007 GOLDEN CO 80401 WINZENT COMPANY LLC KRAPES DAVID A PURCHASE BRYCE PURCHASE CATHERINE ROCHEL JULIE KRAPES MARGARET 04370 PIERSON ST 04351 PARFET ST 01800 ZANG ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GOLDEN CO 80401 City of Wheat Ridge CDRA 1ii17120i7 14:52 ZONI46 PLAN REVIEW FEES CDA017AMOUNT ZONING AEQ0.00 FMSU ZONING REIMbURSENENTFEE 120.00 PAYMENT RECEIVED AMOUNTJ20.00 CHECK: 3356 520.88 TOTAL ------ NOTE: Iand .--- applications must be ♦ i submitted BY APPOINTMENT with a City Ol planner. Incomplete applications will not ` Wheat idTc23, be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29tb Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant \­Jp in & It Address, City, State, Zip Owner /7 ckPW,r % I-'-, Address, City, State, Zip Contact Gct- k/L) 1, Address, City, State, Zip pail So tTrO (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) /� Location of request (address): �I D �a yz� � �'-j v e 7� �O t~rso n St Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions Special Use Permit O Subdivision - specify type: O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26-_ O Right of Way Vacation O Other: Detailed description of request: 6 r j f c6 lh 0 7 �l e �� t 1 i', S� v� c,� dt�t 1 G,,� b c� �t C J 0 &J c ct I., "n I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Notarized Signature of Applicant— State of Col a to } ss--- County of �-- The -fete ing instrument (Land Use Processing A lication) was acknowledged by me this f day of �r'- 20,1;Z - by YANEL YVONNE DE LA CRUZ Notary Public ,t State of Colora / ota u tcMy"t�t�$�/ / ry EM Commission EX01res Aug7, 2019 To be filled out by staff- I 1 Date received 1 1-11 - I �] Fee $ 6:20.0b `1 �(�, f QD Case No. ,� (A Q - 1 ) - D L4 Comp Plan Design. Receipt No. On Cyd Quarter Section Map _ A) W 2N Related Case No. Pre -App Mtg. Date ty -1 9 -1-7 Case Manager Q.,4 Jo,— Assessor's Parcel No. 3 9-212• AA -012 + 1 Zt) -b 1 Current Zoning (—I Current Use Size (acres or sgft) Proposed Zoning Proposed Use Rev 1/22/ 2016 vl: a �,��laFri, , ,VnAkRE/MAX Fran Schneider, CCIM 720-988-3876 fschneiderCCIM@hotmail.com ALLIANCE Steve Grubin 303-525-7287 steve@TeamGrubin.com 4»tw � s1l0 LlYn CO WPt I MLf. r.1Y. t� aee •aywwlny s'•e i wn.a @Q The information contained herein is deemed to be reliable but NOT guaranteed. Buyer is responsible for verifying all information. City of W heat Ridge COMMUNITY DEVELOPMENT Submittal Checklist: Special Use Permit Project Name: Project Location: Application Contents: A special use permit (SUP) is required for approval of a special use in any zone district. The following items represent a complete SUP application: �1. Completed, notarized land use application form _2. Application fee X3. Signed submittal checklist (this document) -.L_4. Proof of ownership—e.g. deed 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) r* Written rights certification form r* Written request and description of the proposal _ Include a response to the SUP review criteria—these are found in Section 26-114 of the municipal code Additional information which may be required: Depending on the size, scope, and complexity of the request additional documents may be required. The submission of these documents will be discussed during the pre -application meeting. This includes, but is not limited to, the following documents (one paper copy plus Adobe .pdf file is required): 1. Site plan app—required if new development is proposed with the SUP 2. P sed building ations _3. Trip gen er or traffic study _4. Drainage ort 1 Rev. 5/2014 As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, l understand that in the event any revisions need to be made after the second (2"d) full review, I will be subject to the applicable resubmittal fee. Signature: �� Date:� ,7 Name (please print): ( r' c� ,�� F� v e Phone: V1 r Community Development Department • (303) 235-2846 - www.d.wheatridge.co.us �1& tell - RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: BANK OF THE WEST doing business as UNITED CALIFORNIA BANK Bay Area (CBC) One Front Street San Francisco, CA 94191 ATTN: TED LINDAYEN, ASSISTANT VICE PRESIDENT A.�P.NN.: �� IM i Raymond THIS DEED OF TRUST is made and dated as of September 16, 2002, by and between Paul )2. Haderer and Linda W. Haderer, Trustees of the P & L Haderer 1992 Family Trust established by Declaration of Trust dated April 27, 1992 and Richard A. Haderer and Alissa L. Haderer, Trustees of the R & A Haderer 1993 Family Trust, established by Declaration of Trust dated January 7, 1993 (each a "TRUSTOR"), the Public Trustee of Jefferson County ("Trustee") and BANK OF THE WEST successor in interest to UNITED CALIFORNIA BANK, a California corporation ("BENEFICIARY"). RECEPTION NO. F1567746 9/18/2002 16:05:32 PG: 001-015 PAGE FEE: 76.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO DEED OF TRUST (NON -CONSTRUCTION) SECURITY AGREEMENT AND FIXTURE FILING WITH ASSIGNMENT OF RENTS WITNESSETH THAT TRUSTOR IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE, its successors and assigns, IN TRUST, WITH POWER OF SALE: All that property now or hereafter acquired in the County of Jefferson, State of Colorado, described in the attached Exhibit "A" (herein referred to as the "property"); TOGETHER WITH, and including, without limitation: all of the buildings and improvements now or hereafter erected on the property; all of the easements, rights, rights-of-way, privileges, franchises and appurtenances now or hereafter belonging to, or in any way appertaining, or in any way being a means of access, to said property, all water and water rights, and pumps, pumping plants, and all shares of stock evidencing the foregoing, and all machinery, appliances and fixtures for generating or distributing water, all rents, issues, profits, royalties, revenue, income, general intangibles, including payment intangibles and all accounts arising out of the sale or lease of the property, and other benefits of or arising from the use or enjoyment of all or any portion of the property or the buildings and improvements now or hereafter erected thereon (subject however to the right, reserved to TRUSTOR, to collect, receive and retain such rents, issues, profits, royalties, revenue, income and other benefits prior to any default hereunder or under the Note referenced below or other evidence of debt secured hereby); all gas, oil, water and mineral rights, profits and stock now or hereafter derived from, appurtenant to, or pertaining to the property (and any and all shares of stock evidencing the same); all crops now or hereafter grown on the property; and all equipment, machinery, appliances, building materials, goods and fixtures as defined in Division 9 of the Colorado Uniform Commercial Code ("CUCC") (including replacements and additions thereto) now or hereafter erected thereon. For purposes hereof, the term "water rights" shall mean and includes all water, water rights and entitlements of every kind or nature relating to the Property or the TRUSTOR'S use of the Property, including without limitation: the ground water on, under, pumped from or otherwise available to the Property and the right to remove and extract any such groundwater; any rights to which the Property is entitled with respect to the diversion, storage and use of surface water, whether such rights are appropriative, riparian, prescriptive, adjudicated or otherwise; any water, water storage right, or other water -related entitlement appurtenant or otherwise applicable to the Property by contract or by virtue of the Property being situated cn,f!5111IS6o Deed of Trust 1 (Rev 10198) 1- #92030 v2 - Deed of Trust-Haderer F0004652 within the boundaries of any district, agency, or other company, or other non-governmental entity; any drainage rights appurtenant or otherwise applicable to the Property; all rights to transport, cant', allocate or, otherwise deliver water from or to the Property by any means, wherever located; all licenses, permits, approvals, contracts, decrees, rights and interests to acquire or appropriate any water, water bank or other credits evidencing any right to water; and all storage and treatment rights for any water or Water Rights, whether on or off the Property together with all storage tanks, and other equipment used or usable in connection with such storage. All of the foregoing shall be deemed to be and shall remain a part of the property encumbered by this Deed of Trust, and all of the foregoing, together with the property (or the leasehold estate, if this Deed of Trust encumbers a leasehold interest in the land comprising such property), are hereinafter referred to as the "premises"; FOR THE PURPOSE OF SECURING, in such order of priority as BENEFICIARY, in its absolute discretion, may determine: Payment of an indebtedness in the aggregate principal amount of $487,500.00 as evidenced by a Credit Agreement dated as of September 13, 2002 between PAUL RAYMOND HADERER AND LINDA W. HADERER, TRUSTEES OF THE P & L HADERER 1992 FAMILY TRUST and RICHARD A. HADERER AND AUSSA L. HADERER, TRUSTEES OF THE R & A HADERER 1993 FAMILY TRUST DTD 01/07/93 and BENEFICIARY (herein referred to as the "Note"), and any and all amendments, modifications, extensions or renewals of the Note (whether evidenced by the Note or otherwise); together with the payment of interest on such indebtedness and the payment of all other sums (with interest as therein provided) according to the terms of the Note (and any and all amendments, modifications, extensions, or renewals thereof); 2. Payment of all other sums, with interest as herein provided, becoming due or payable, under the provisions of this Deed of Trust, to TRUSTEE or BENEFICIARY; 3. Due, prompt and complete observance, performance and discharge of each and every condition, obligation, covenant and agreement contained in this Deed of Trust, the Note and any document or instrument modifying or amending this Deed of Trust or the Note, or otherwise evidencing, securing or pertaining to the indebtedness evidenced by the Note; 4. Payment of such additional sums (with interest thereon) as may hereafter be borrowed from BENEFICIARY, or its successors or assigns, by TRUSTOR or the then record owner of the premises and evidenced by one or more instruments (other than the Note) which are by their terms secured by this Deed of Trust. 5. TO PROTECT AND MAINTAIN THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: (a) Payment of Obligations When Due. TRUSTOR shall promptly pay, when due and in lawful money of the United States of America which shall be legal tender for public and private debts at the time of payment, each and every indebtedness and obligation for which this Deed of Trust has been given as security as provided hereinabove; and TRUSTOR shall promptly perform, observe and discharge each and every condition, obligation, covenant and agreement for which this Deed of Trust has been given as security as. provided herein, (b) Maintenance of Premises. TRUSTOR shall maintain and keep the premises in good condition and repair and shall not commit or permit waste of the whole or part of any item consisting of a part of the premises. TRUSTOR shall not alter, remove or demolish any buildings, improvements, machinery, equipment, appliances or fixtures now or hereafter on the property without the prior written consent of BENEFICIARY. Deed of Trust 1 (Rev 10/98) -2- #92030 v2 - Deed of Trust-Haderer F0004652 TRUSTOR shall promptly repair, replace or restore (in good, workmanlike manner and in compliance with all laws, ordinances, governmental rules and regulations, easements, agreements, covenants, conditions and restrictions affecting the premises) all buildings, improvements, machinery, equipment, appliances and fixtures now or hereafter on the property, in the event of damage to or destruction of such buildings, improvements, machinery, equipment, appliances and fixtures. TRUSTOR shall perform, in the event all or any portion of the premises constitutes a leasehold estate belonging to TRUSTOR, each and every obligation of TRUSTOR under the terms of the lease agreement relating to the demise of the premises. TRUSTOR shall not commit, suffer or permit any act upon the premises in violation of law, ordinance, govemmental rules and regulations, easements, agreements, covenants, conditions and restrictions affecting the premises or use of the premises. TRUSTOR shall cultivate, irrigate, fertilize, fumigate, spray, prune and do any other acts which from the character or use of the property may be reasonably necessary, and, if the property is agricultural property, TRUSTOR shall farm and harvest, and prepare for farming and harvesting, the property in an approved and husbandmanlike manner. In the performance of all acts required of TRUSTOR under the above paragraphs describing maintenance of the premises, TRUSTOR shall promptly pay when due all expenses incurred therefor and shall promptly pay, discharge or otherwise release all claims for labor performed and materials furnished therefor. (c) Environmental Protection Matters. (t) The TRUSTOR shall comply with any and all laws, regulations and orders with respect to the release and removal of Hazardous Materials on or from the premises, and shall keep the premises free of any lien imposed pursuant to such laws, regulations or orders. In the event TRUSTOR fails to do so, after notice to TRUSTOR and the expiration of the earlier of (i) applicable cure periods hereunder, or (ii) the cure period permitted under applicable law, regulation or order, BENEFICIARY may either declare an event of default under this Deed of Trust or cause the premises to be freed from the Hazardous Materials to the extent necessary to comply with such laws and free the premises from any such lien, and the cost of the removal shall become due and payable immediately upon demand and with interest thereon at the default interest rate applicable to the indebtedness secured hereby from the date of demand until paid. Any failure by TRUSTOR to reimburse BENEFICIARY for any amounts expended within five (5) days after demand shall be an event of default hereunder. TRUSTOR shall give to BENEFICIARY and its agents and its employees access to the premises and hereby specifically grants BENEFICIARY a License to remove the Hazardous Materials if TRUSTOR fails to do so as required above. (2) TRUSTOR shall not cause or permit (or allow any tenant or other occupant of the premises to cause or permit) the premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials. TRUSTOR shall not cause or permit a Discharge of Hazardous Materials. TRUSTOR shall notify BENEFICIARY in writing immediately upon the receipt of: (i) any Notice, (ii) TRUSTOR's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the premises that could cause the premises, or any part thereof, to be subject to any restrictions on the ownership, occupancy, transferability or use of the premises under any Environmental Law, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the premises under any Environmental Law. Deed of Trust 1 (Rev 10/98) -3- #192030 v2 - Deed of Trust-Haderer F0004652 (3) Should TRUSTOR or any tenant or other occupant of the premises cause or permit any intentional or unintentional act or omission resulting in the Discharge of L( Hazardous Materials, TRUSTOR shall promptly, and at TRUSTOR's sole expense, I clean-up such Discharge, or cause such tenant or other occupant to clean-up such Discharge, in accordance with applicable federal, state and local regulations. TRUSTOR shall fully cooperate in allowing from time to time such examinations, tests (including but not limited to a geohydrological survey of soil and subsurface conditions), inspections, and reviews of the premises or any part thereof as BENEFICIARY, in its sole discretion, shall determine to be advisable in order to evaluate any potential environmental problems. The cost of any such examinations, tests, inspections and reviews shall be paid by TRUSTOR. (4) For purposes hereof, the following terms shall have the following meanings: A. "Discharge": shall mean any spilling, leaking, pumping, pouring, emitting, emptying, release, discharge, injection, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of Hazardous Material(s) into or through the soil, surface water or ground water of the Real Property, whether caused by, contributed to, permitted by, acquiesced to, or known to the Borrower. "Environmental Claims": shall mean all claims, however asserted, by any governmental authority or other person alleging potential liability or responsibility for violation of any Environmental Law or for Discharge or injury to the environment or threat to public health, personal injury (including sickness, disease or death), property damage, natural resources damage, or otherwise alleging liability or responsibility for damages (punitive or otherwise), cleanup, removal, remedial or response costs, restitution, civil or criminal penalties, injunctive relief, or other type of relief, resulting from or based upon (a) the presence, placement, discharge, emission or release (including intentional and unintentional, negligent and non -negligent, sudden or non -sudden, accidental or non-accidental placement, spills, leaks, Discharges, emissions or releases) of any Hazardous Material at, in, or from property, whether or not owned by the Borrower, or (b) any other circumstances forming the basis of any violation, or alleged violation, of any Environmental Law. C. "Environmental Laws": shall mean all federal, state or local laws, statutes, common law duties, rules, regulations, ordinances and codes, together with all administrative orders, directed duties, requests, licenses, authorizations and permits of, and agreements with, any governmental authorities, in each case relating to environmental, health, safety and land use matters; including the Comprehensive Environmental Response, Compensation and Liability Act of 19130 ("CERCLA"), the Clean Air Act, the Federal Water Pollution Control Act of 1972, the Solid Waste Disposal Act, the Federal Resource Conservation and Recovery Act ("RCRA"), the Toxic Substances Control Act, the Emergency Planning and Community Right -to -Know Act, and similar state and local laws applicable to the property. D_ "Hazardous Materials": shall mean (i) those substances included within the definitions of "hazardous substances," "hazardous Deed of Trust 1 (Rev 10198) -4- #92030 v2 - Deed of Trust-Haderer F0004652 materials," "toxic substances," or "solid waste" in CERCLA, RCP -A, and the Hazardous Materials Transportation Act, as now or hereafter amended, 49 U.S.C. Sections 1801, et seq., and similar state and local laws applicable to the property and in the regulations promulgated pursuant to said laws; (ii) those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency (or any successor agency) as hazardous substances (40 Cl Part 302 and amendments thereto); (iii) such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or the United States government, or which are classified as hazardous or toxic under federal, state or local laws or regulations; and (iv) any material, waste or substance which is petroleum, asbestos, polychlorinated biphenyls designated as a "hazardous substance" or "toxic pollutant" pursuant to Section 311 of the Clean Water Act, as now or hereafter amended, 33 U.S.C. Sections 1251, et seq. (33 U.S-C. Section 1321) or listed pursuant to Section 307 of the Clean Water Act as now or hereafter amended (33 U.S.C. Section 1317); regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended, 14 U.S.C. sections 2601, et seq.; regulated as a hazardous air pollutant under the Clean Air Act, as now or hereafter amended, 42 U.S.C. Sections 7901, et seq.; flammable explosives; or radioactive materials. (d) Insurance. TRUSTOR shall provide, maintain and keep policies of insurance (with companies and in form, content, policy limits and terms satisfactory to BENEFICIARY, with loss payable to BENEFICIARY) insuring the premises against: fire (with an extended coverage endorsement), public liability, loss of rents or business interruption, flood damage (if the property is located in a flood hazard area and if such insurance is available) and such other hazards and coverages, including earthquake, as BENEFICIARY from time to time may reasonably require. TRUSTOR shati promptly pay when due all premiums for such insurance, shall deliver copies of all such insurance policies, renewals of such policies and premium receipts therefor to BENEFICIARY, and shall do all things necessary to obtain prompt settlement or disposition of any claim or loss covered under such policies. All such policies shall name BENEFICIARY as an additional insured and shall include such endorsements as BENEFICIARY shall deem necessary to protect its interest in the premises. All such policies shall not be cancelable nor subject to substantial change without at least thirty (30) days' prior written notice to, and approval by, BENEFICIARY, and BENEFICIARY shall receive at least thirty (30) days' prior written notice of the termination of any such policy. Without waiving or curing any default in the performance of any obligation under this Deed of Trust and/or without waiving notice of any such default, BENEFICIARY may, in its absolute discretion: apply the proceeds of such insurance upon any indebtedness or obligation secured under this Deed of Trust; and/or, in such order, in such manner and according to such terms and conditions as BENEFICIARY may determine, release all or portions of such proceeds to TRUSTOR for the repair, replacement, or restoration of the premises. (e) Payment of Taxes and Assessments. TRUSTOR shall pay and discharge, at least ten (10) days prior to delinquency: all taxes, assessments and charges of every kind and Deed of Trust 1 (Rev 10/98) -5- #92030 v2 - Deed of Trust-Haderer F0004652 nature (including real personal property taxes); all general and special assessments, including common area maintenance assessments and assessments on appurtenant water stock; all levies and all permit, inspection and license fees; all water and sewer rents, connection fees and charges and all other public and private charges whether of a like or different nature) imposed upon or assessed against TRUSTOR or the premises, or any part thereof or upon the revenues, rents, issues, income, or profits thereof or upon the inventory of goods maintained or stored thereon or therein. TRUSTOR shall, within ten (10) days following such payment or discharge, provide BENEFICIARY with receipts therefor. Notwithstanding the foregoing, TRUSTOR shall have the right to contest the validity or amount of any such tax, assessment or charge; provided that the validity or amount thereof is contested diligently and in good faith and provided further that TRUSTOR shall protect the premises against any lien arising out of any such tax, assessment or charge, or out of any such contest thereof, by obtaining a bond, in form, substance, amount, and issued by a surety, satisfactory to BENEFICIARY. (f) Litigation. TRUSTOR shall appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust andlor the rights and/or powers of BENEFICIARY and/or TRUSTEE hereunder, and TRUSTOR shall pay all costs and expenses (including costs of evidence of title and attorneys' fees) in any action or proceeding in which BENEFICIARY or TRUSTEE may so appear and/or in any suit brought by BENEFICIARY to foreclose this Deed of Trust, to enforce any obligation secured by this Deed of Trust and/or prevent the breach thereof. (g) Performance of Obligations by Beneficiary. Should TRUSTOR fail to make any payment, perform any obligation or do any act set forth in or secured by this Deed of Trust, BENEFICIARY, without obligation to do so, without notice to or demand upon TRUSTOR and without releasing TRUSTOR from making such future payments, performing such future obligations or doing such future acts, may make such payment, perform such obligation or do such act in such manner and to such extent as BENEFICIARY may deem necessary to protect the security of this Deed of Trust. For any and all such purposes, BENEFICIARY is authorized to enter upon the premises, and, if the premises consists of agricultural property, BENEFICIARY is authorized to prepare for harvest, harvest, remove, and sell any crops that may be growing upon the premises and apply the proceeds thereof to the indebtedness secured by this Deed of Trust. Without limiting the foregoing, BENEFICIARY may pay, purchase, contest or compromise any encumbrance, charge or lien which, in the sole judgment of BENEFICIARY, appears to be prior or superior to this Deed of Trust. In exercising any such power, BENEFICIARY may pay all necessary expenses incurred therefor and employ legal counsel and pay its fees. TRUSTOR agrees to and shall pay, immediately without demand, all sums so expended by BENEFICIARY, with interest, from the date of expenditure, at a rate which is three percent (3°%) per annum in excess of the rate otherwise payable on such date according to the terms of the Note. (h) Condemnation. Any award of damages or other form of compensation awarded in connection with any condemnation for public use of, or injury to, the property and/or the buildings and improvements now or hereafter erected thereon (or any part thereof) are hereby assigned and shall be paid directly to BENEFICIARY, to be used, held, paid, applied or released in the absolute discretion of BENEFICIARY and without regard to the adequacy of its security, in the same manner and with the same effect as provided herein for the disposition of insurance proceeds. In this regard, TRUSTOR hereby waives the benefit of any statute, rule or law which may be contrary thereto, and TRUSTOR hereby agrees to execute such further assignments therefor as BENEFICIARY may require. Deed of Trust 1 (Rev 10198) 6 #92030 v2 - Deed of Trust-Haderer F0004652 (i) Acceptance of Late and Partial Payments. The acceptance by BENEFICIARY of the payment of any sum secured by this Deed of Trust after its due date shall not constitute a ,r} waiver of the right to require prompt payment when due of all other and future sums so / secured, or to declare a default as herein provided for any failure to so pay, or to proceed with foreclosure or sale for any other default then existing. The acceptance by BENEFICIARY of the payment of a portion of any sum secured by this Deed of Trust at such time that such sum in its entirety is due and payable shall neither cure nor excuse the default caused by failure to pay the whole of such installment or affect any notice of default recorded prior to such acceptance, unless such notice of default is expressly revoked in writing by BENEFICIARY. Such acceptance shall not constitute a waiver of BENEFICIARY'S rights to require full payment when due of all other and future sums so secured. (j) General Rights of Beneficiary and Trustee. At any time or from time to time, without liability therefor, without notice and without affecting the liability of any person (including TRUSTOR) for the payment of any indebtedness, or the performance of any obligation secured by this Deed of Trust or the lien of this Deed of Trust on the premises or any portion thereof BENEFICIARY may: release any person liable for the payment of any such indebtedness or for the performance of any such obligation; extend the time or otherwise alter the terns of payment of any such indebtedness; accept additional security therefor of any kind, including deeds of trust and mortgages; and/or alter, substitute and/or release any portion of the premises securing such indebtedness; (k) Reconveyance of this Deed of Trust. Upon the payment and performance in full of all monetary obligations secured by this Deed of Trust, BENEFICIARY shall submit a written request to the TRUSTEE in accordance with Colorado Revised Statutes § 38-39- 102 to cause the TRUSTEE to release the lien of this Deed of Trust in the manner required by applicable law. In order to cause the TRUSTEE to effect such release, BENEFICIARY shall be required to present to the TRUSTEE, as evidence of the obligations of TRUSTOR under the Note, the original Note, marked "Cancelled." Immediately after effecting a full release of the lien of this Deed of Trust, TRUSTEE shall deliver to TRUSTOR at the address above, or personalty to its authorized representative, the original Note, marked "Cancelled." In addition, upon satisfaction of any partial release conditions applicable to the property under the Note, BENEFICIARY shall cause the TRUSTEE to release the lien of this Deed of Trust in the manner required by applicable law. In order to cause the TRUSTEE to effect such release, BENEFICIARY shall be required to present to the TRUSTEE, as evidence of the secured indebtedness under the Note, only the original Note, or other appropriate evidence of the secured indebtedness, but shall not mark the Note "Cancelled" or "Paid in Full" or with any other marking indicating satisfaction or payment thereof. After effecting such partial release, TRUSTEE shall deliver the Note to BENEFICIARY at the address stated above, or personally to its authorized representative, and shall deliver the original of this Deed of Trust to TRUSTOR at the address stated above, or personally to its authorized representative. In each case in lieu of submitting the Note to TRUSTEE, BENEFICIARY may present the TRUSTEE with a written request such information or certification as is required by Colorado Revised Statutes § 38-39-102(3.5). (1) Assignment of Rents. TRUSTOR absolutely and unconditionally hereby assigns, transfers, conveys, and sets over to BENEFICIARY all of the rents, royalties, issues, profits, revenue, income, and other benefits of the premises arising from the use or enjoyment of all or any portion thereof or from any lease or agreement pertaining thereto (hereinafter collectively referred to as the "rents"); reserving to TRUSTOR only the right, prior to any default by TRUSTOR hereunder, to collect, receive and retain the rents as they become due and payable, but not otherwise. TRUSTOR shall, at the request of BENEFICIARY, execute such further assignments to BENEFICIARY of any or all such leases, agreements and rents as BENEFICIARY may require. Deed of Trust 7 (Rev 10/98) -7- #M30 v2 - Deed of Trust-Haderer F0004652 Upon any such default by TRUSTOR hereunder, BENEFICIARY may, at any time and without notice (either in person, by agent or representative, or by a receiver appointed by a court) and without regard to the adequacy of any security for the indebtedness and/or obligations secured by this Deed of Trust, enter upon and take possession of the premises or any part thereof, in its own name or in the name of TRUSTOR; sue for or otherwise collect the rents (including those past due and unpaid) and apply such rents (less costs and expenses of operation and collection, including attorneys' fees and expenses) to the payment of such indebtedness secured under this Deed of Trust in such order and proportions as BENEFICIARY in its absolute discretion may determine. The entering upon and taking possession of the premises and the collection and application of the rents shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (m) Security Agreement. TRUSTOR hereby grants to BENEFICIARY a security interest in and to all tangible personal property now owned or hereafter located on the Property, together with all proceeds of the foregoing. With respect to all fixtures, this Deed of Trust constitutes a financing statement filed as a fixture filing pursuant to the provisions of Division 9 of the CUCC with respect to any goods, or other personal property, that may now be or hereafter become such fixtures. (n) Sale by Trustee of the Premises. Upon a default in the payment of any indebtedness, or the performance of any obligation, secured by this Deed of Trust, or in the event that any representation, covenant or warranty contained in this Deed of Trust or in any other document evidencing or securing the loan for which any such indebtedness is evidenced shall be or become untrue, BENEFICIARY may foreclose this Deed of Trust with respect to property which consists solely of real property, either by judicial action or through the TRUSTEE. If the BENEFICIARY elects to foreclose on the property through the TRUSTEE, foreclosure will be initiated by BENEFICIARY filing its notice of election and demand for sale with the TRUSTEE. Upon the filing of such notice of election and demand for sale, the TRUSTEE shall promptly comply with all notice and other requirements of the laws of Colorado then in force with respect to such sales, and shall give four weeks' (or such shorter time as may be allowed by applicable law at such time as notice is required to be so given) public notice of the time and place of such sale by advertisement weekly in some newspaper of general circulation then published in Jefferson County in which the property is located. The actual place of sale shall be specified in the notice of sale_ At the conclusion of any foreclosure sale, the officer conducting the sale shall execute and deliver to the purchaser at the sale a certificate of purchase which shall describe the property sold to such purchaser and shall state that upon the expiration of the applicable periods for redemption, the holder of such certificate will be entitled to a deed to the property described in the certificate. After the expiration of all applicable periods of redemption, unless the property sold has been redeemed by TRUSTOR, the officer who conducted such sale shall, upon request, execute and deliver an appropriate deed to the holder of the certificate of purchase or the last certificate of redemption, as the case may be, and such deed shall operate to divest TRUSTOR and all persons claiming under TRUSTOR of all right, title and interest, whether legal or equitable, in the property described in the deed. Nothing in this Section 5(n) dealing with foreclosure procedures or specifying particular actions to be taken by the BENEFICIARY or by the TRUSTEE or any similar officer shall be deemed to contradict or add to the requirements and procedures now or hereafter specked by Colorado law, and any such inconsistency shall be resolved in favor of Colorado law applicable at the time of foreclosure.. Any person, including TRUSTOR, TRUSTEE, or BENEFICIARY, may purchase at such sale. Upon such sale by TRUSTEE, and after deducting all costs, expenses, and fees of TRUSTEE and of this Trust (including the cost of evidence of title in connection with the Deed of Trust 1 (Rev 10198) -8- #92030 v2 - Deed of Trust-Haderer F0004652 sale), TRUSTEE shall apply the proceeds from the sale to the payment of: the indebtedness and obligations secured by this Deed of Trust, whether evidenced by the Note or otherwise; sums representing advances made or expenditures made and incurred by, and not then repaid to, BENEFICIARY or TRUSTEE under this Deed of Trust or under any document evidencing or securing any indebtedness secured hereby, together with accrued interest thereon at the rate specified in Subsection 5(g) of this Deed of Trust; all other sums then secured by this Deed of Trust, together with interest as provided in any document pertaining thereto; and the remainder, d any, to the person or persons legally entitled thereto. If this Deed of Trust or any note secured provides for any charge for prepayment of any indebtedness secured hereby, TRUSTOR agrees to pay said charge if any of such indebtedness shall be paid prior to the normal due date thereof stated in such note or in this Deed of Trust; this result shall obtain even if and notwithstanding TRUSTOR shall have defaulted in the payment thereof or in the performance of any obligation hereunder, and BENEFICIARY, by reason of such default, shall have declared all indebtedness secured hereby immediately due and payable. (o) Acceleration of Indebtedness Upon Sale of the Premises. In the event TRUSTOR, or any successor in interest to TRUSTOR in the premises secured by this Deed of Trust, sells, conveys, alienates, assigns, transfers, or disposes of the premises, or any part thereof or any interest therein, including, but not limited to, all or any part of the TRUSTOR's water or water rights, or becomes divested of its We or any interest therein in any manner or way, or enters into a lease for longer than one year covering all or any portion thereof or an undivided interest therein, whether voluntary, involuntary, or otherwise, or enters into an agreement to do so, without the prior written consent of BENEFICIARY, then BENEFICIARY may, at its election, declare the Note and such other indebtedness and obligations secured by this Deed of Trust, irrespective of the maturity date specified in the Note or in any written agreement pertaining to the Note and/or such other indebtedness and obligations, immediately due and payable without notice. No waiver of this right shall be effective unless in writing. Consent by BENEFICIARY to one such transaction shall not constitute or be deemed to be a waiver of the rights of BENEFICIARY provided herein, or a waiver of the requirement of the prior written consent of BENEFICIARY, as to future or succeeding transactions. (p) Acceleration of Indebtedness Upon Change in Ownership, Control, or Membership of Trustor. If TRUSTOR is a corporation, trust, limited or general partnership, or joint venture, should there occur a sale, conveyance, transfer, disposition or encumbrance (whether voluntary or involuntary, or otherwise), or should an agreement be entered into to do so, with respect to more than ten percent (10%) of the issued and outstanding capital stock of TRUSTOR (if a corporation), of the beneficial interest of TRUSTOR (if a trust), or of any general or limited partnership or joint venture interest (if TRUSTOR be a general or limited partnership or joint venture), or if there shall occur a change in any general partner or any joint venturer, or a change affecting the ownership, control, or membership of TRUSTOR (if TRUSTOR is a general or limited partnership or a joint venture), then BENEFICIARY may, at its election, declare the Note and such other indebtedness and obligations secured by this Deed of Trust, irrespective of the maturity date specified in the Note or in any written agreement pertaining to the Note and/or such other indebtedness and obligations, immediately due and payable, without notice, unless BENEFICIARY shall have given its prior written consent thereto. Consent to one such transaction shall not constitute or be deemed to be a waiver of the right to require such consent as to future or succeeding transactions. (q) Acceleration of Indebtedness Upon an Event of Bankruptcy or Insolvency. TRUSTOR agrees that BENEFICIARY may, at its election, declare the Note and such other indebtedness and obligations secured by this Deed of Trust, irrespective of the maturity Deed of Trust 1 (Rev 10198) -9- #92030 v2 - Deed of Trust-Haderer F0004652 date specified in the Note or in any written agreement pertaining to the Note and/or such f) other indebtedness and obligations, immediately due and payable, without notice: if any (j proceeding under the Bankruptcy Code, or under any present or future federal, state or other statute, law or regulation pertaining to bankruptcy, insolvency or other relief for debtors shall be instituted by or against TRUSTOR or any other person who may be liable (by way of guaranty, assumption, endorsement or otherwise) upon the Note and/or such other indebtedness and obligations secured hereby; and/or if a receiver, trustee or custodian shall be appointed for TRUSTOR or such other person shall make an assignment for the benefit of creditors and if such proceeding or receiver, trustee or custodian shall not be dismissed, or such assignment shall not be voided, within sixty (60) days of such institution, appointment or making. (r) Successor Trustees. BENEFICIARY, acting alone, may, from time to time, by instrument in writing, substitute a successor or successors to any TRUSTEE named herein or acting hereunder. Such instrument, executed, acknowledged and recorded in the manner required by law, shall be conclusive proof of proper substitution of such successor TRUSTEE or TRUSTEEs, who shall (without conveyance from the preceding TRUSTEE) succeed to all of the title, estate, rights, powers and duties of such preceding TRUSTEE. Such instrument must contain the name of the original TRUSTOR, TRUSTEE and BENEFICIARY hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new TRUSTEE. If a notice of default has been recorded, this power of substitution cannot be exercised until after the costs, fees, and expenses of the then acting TRUSTEE have been paid to such TRUSTEE, who shall endorse receipt thereof upon such instrument or substitution. (s) Cumulative Remedies; Additional Security. No remedy herein conferred upon or reserved to the parties to this Deed of Trust is intended to be exclusive of any other remedy provided herein or by law. Each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission of TRUSTEE or BENEFICIARY in the exercising of any right or power accruing upon any event of default hereunder shall impair such right or power or any other right or power, nor shall such delay or omission be construed or deemed to be a waiver of any default or any acquiescence therein. If there exists additional security for the indebtedness and obligations secured by this Deed of Trust, BENEFICIARY, at its election and without limiting or affecting any of its rights or remedies hereunder, may exercise any of the rights and remedies to which BENEFICIARY may be entitled hereunder --either concurrently with whatever rights or remedies BENEFICIARY may have in connection with such other security or in such order and in such manner as BENEFICIARY may deem fit -without waiving any rights or remedies with respect to any other security. (t) Partial Invalidity of this Deed of Trust. In the event any one or more of the provisions of this Deed of Trust, the guaranty, or any other document evidencing the indebtedness and obligations secured hereby shall for any reason be held to be invalid, illegal and/or unenforceable in any respect, such invalidity, illegality and/or unenforceability shall not affect any other provision of this Deed of Trust, the guaranty, or any such other document, and such other provisions shall remain binding and enforceable and shall continue in effect. (u) Application of Colorado Law. This Deed of Trust has been executed and delivered in the State of Colorado and shall be governed by and construed according to the laws of the State of Colorado without regard to conflict of law principles, to the jurisdiction of whose courts the TRUSTOR hereby submits. (v) Miscellaneous Provisions. Deed of Trust 1 (Rev 10/915) -10- #92030 v2 - Deed of Trust-Haderer F0004652 (1) This Deed of Trust applies to, inures to the benefit of and binds all parties j hereto and their respective heirs, legatees, devisees, administrators, executors, J successors and assigns. The term "BENEFICIARY" as used herein shall mean the owner and holder, including pledgees, of the Note or any other indebtedness secured hereby, whether or not named as BENEFICIARY herein. (2) The headings and captions of the paragraphs of this Deed of Trust are for reference purposes only and shall not be construed or deemed to define or limit any of the terms and provisions contained thereunder. Whenever in this Deed of Trust the context so requires, the gender used includes the masculine, feminine, and/or neuter and the number so used includes the singular and/or the plural. (3) Any TRUSTOR who is married hereby expressly agrees that recourse may be had against such person's separate property, but without thereby creating any lien or charge thereon for any deficiency after sale of the premises as herein provided. (4) The pleading of any statute of limitations as a defense to any and all indebtedness and/or obligations secured by this Deed of Trust is hereby waived to the fullest extent permissible by law. (5) In the event of the passage, after the date of this Deed of Trust, of any law deducting from the value of real property, for tax purposes, any lien or charge thereon, or changing in any way the laws now existing for the taxation of deeds of trust or indebtedness secured by deeds of trust for federal, state or local purposes, or changing the manner of collection of any such taxes as to affect this Deed of Trust or the indebtedness secured hereby, TRUSTOR agrees to pay such tax arising from such new law; and 9 TRUSTOR fails to do so or if it would be illegal for TRUSTOR to do so, BENEFICIARY may, at its election and without demand or notice, declare the entire indebtedness secured by this Deed of Trust (together with accrued interest thereon) immediately due and payable. (6) TRUSTEE accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. TRUSTEE is not obligated to notify any party to this Deed of Trust of a pending sale under any other deed of trust or of any action or proceeding in which TRUSTOR, BENEFICIARY and/or TRUSTEE is a party, unless brought by TRUSTEE hereunder. (7) To the extent that this Deed of Trust encumbers a leasehold interest in the land comprising the property, if at any time hereafter TRUSTOR shall acquire fee title to the property and the leasehold interest of TRUSTOR shall become extinguished by reason of the merger of title or otherwise by operation of law, this Deed of Trust shall thereupon encumber TRUSTOR'S feehold interest in the property without the necessity of executing (by TRUSTOR and BENEFICIARY and/or TRUSTEE) or recording any further documents or instruments pertaining to such event, it being the purpose and intent of TRUSTOR that whatever interest which TRUSTOR may now or hereafter have in the property shall be encumbered by this Deed of Trust. (8) TRUSTOR requests that a copy of any notice of default or any notice of sale thereunder be mailed to TRUSTOR at the address first referenced and set forth herein, or at such other address as TRUSTOR may, from time to time, notify TRUSTEE by certified United States mail. (9) This Deed of Trust may be executed in one or more counterparts for the purpose of recording concurrently in more than one County, each of which is deemed to be an original, but which together shall constitute one and the same Deed of Trust 1 (Rev 10/98) 11- 892030 v2 - Deed of Trust-Haderer F0004652 instrument. IN WITNESS WHEREOF, this Deed of Trust is executed as of the date first hereinabove written. TRUSTOR(S): Paul Raymond Haderer and Linda W. Haderer, Trustees of the P �„4 gggrer 1992 Family Trust, who acquired title as Paul a erer and Linda W. Haderer, Trustees of the P L Haderer 1992 Family Trust established by Decla ati r t dated April 227, 1992 By: i lr•'� NAME: aul Raymon H erer, Trustee Richard A_ Haderer and Alissa L. Haderer, Trustees of the R & A Haderer 1993 Family Trust dtd 01107/93, who acquired title as Richard A. Haderer and Allissa L. Haderer, Trustees of the R & A Haderer 1993 Family Trust, established by Declaration of Trust dated January 7, 1993 By: NAME. Richard A. Haderer, Trustee Deed of Trust 1 (Rev 10/98) •12- #92030 v2 - Deed of Trust-Haderer F0004652 STATE OF COLORADO ) SS. C#Yzacd County of � } The foregoing instrument was acknowledged before me this 16`h day of September, 2002, by Paul Raymond Haderer as trustee of the P&L Haderer 1992 Family Trust established by Declaration of Trust dated April 27, 1992. Witness my han fa d-tifflaI;E�. NOTARY'. : 4 ��� MIIt11V=a [Seal] MrC;onwrissiort Expires September 8, 2008 630 S. Cherry St., Sufte 1100 Derwer, Colorado 80246 STATE OF COLORADO ) � ) ss. Cid County of B�v/naj.enoff ) ��� Notary Public My commission expires: The foregoing instrument was acknowiedged before me this 16th day of September, 2002, by Richard A. Haderer as trustee of the R&A Haderer 1993 Family Trust established by Declaration of Trust dated January 7, 1993. 4 Witness my I I seal. A rv-�- ROTARY'.` [Seal] MY COM16-ion Expifas September 812006 &50 S. Chevy St., Suite 11p0 Denier, Colorado BU246 Notary Public My commission expires: Deed of Trust 1 (Rev 10198) -1 • #92030 v2 • Deed of Trust-Haderer P0004552 EXHIBIT "A" DESCRIPTION OF REAL PROPERTY Deed of Trust All that real property located in the County of Jefferson, State of Colorado, legally described as follows: Parcel A: That part of the Southeast % of the Northwest'/. of Section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at a point on the South boundary line of West 44th Avenue which point is 755 feet West and 587 feet North of the Southeast comer of the Northwest'/. of said Section 21; thence South 167 feet; thence West at right angles 130.4 feet; thence North 168 feet, more or less, to the South boundary line of West 44th Avenue; thence Easterly along the South boundary line of West 44th Avenue 130.4 feet, more or less, to the point of beginning. EXCEPT the West 23 feet thereof; and except that portion conveyed to the City of Wheat Ridge by instrument recorded August 17, 1987 at Reception No. 87105694 for road purposes, County of Jefferson, State of Colorado. Parcel B: Lot 17, Bar Heights Subdivision, County of Jefferson, State of Colorado. Parcel C: Parcel 1: A tract of land in the NW '/. of Section 21, Township 3 south, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at a point on the South line of West 44th Avenue, said point being the Northeast corner of property conveyed to John J. Sylvester and Sylvia J. Sylvester by deed recorded March 22, 1949, in Book 628 at Page 575; thence leaving said South line of West 44th Avenue and running along the East line of said Sylvester property 108 feet, more or less to its intersection with the North line of property conveyed to Howard Holmes and Ruby Holmes by Deed recorded August 7, 1963, in Book 1623 at Page 25; thence Easterly along said North line of Holmes property 93 feet, more or less, to the West line of Property conveyed to the County of Jefferson by Deed recorded April 16, 1952, in Book 757 at Page 368; thence Northerly and Northwesterly along said West line to the aforesaid South line of West 44th Avenue; thence Westerly along said South line to the point of beginning. EXCEPT that portion conveyed to the City of Wheat Ridge by instrument recorded August 17. 1987 at Reception No. 87105694. County of Jefferson, Exhibit "A' Deed of Trust (Rev 10/98) -1- #92030 v2 - Deed or Trust-Haderer F0004652 State of Colorado. / and: / of the South 60 feet The North 10 feel/of the North 168 feet of the South 587 feet of the West 93 feet of the East 655 feet of the NW 1/4 of Section 21, township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado. and That part of the SE'/. NW'/< of Section 21, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at a point of the South boundary line of West 44th Avenue which point is 755 feet West and 587 feet North of the Southeast corner of the NW % of said Section 21; thence East along the South boundary line of West 44th Avenue, a distance of 100 feet; thence South, at right angles, a distance of 217.8 feet; thence West, parallel with the South boundary line of West 44 Avenue, a distance of 100 feet; thence North at right angles, a distance of 217.8 feet to the Point of Beginning, Except that portion conveyed to the City of Wheat Ridge by instrument recorded August 17, 1987 at Reception No. 87105694 County of Jefferson, State of Colorado. and: The following part of vacated Parfet Street, described as follows: A parcel of land in the SE'/. NW'/, of Section 21, Township 3 South, Range 69 West of the 6th P.M. which is a portion of that tract recorded as a quit claim deed in Book 757 at Page 368 at Jefferson County, Colorado, said portion of said tract to be hereby vacated and more particularly described as follows: Starting at a point which Is 528 feet west and 587 feet, more or less, north of the southeast comer of the NW'/, of Section 21, Township 3 South, Range 69 West of the 6th P.M.; thence southerly parallel with the east boundary line of said NW'/., 903 feet; thence S 6430'00" W 34.9 feet; thence north, 861 feet to the true point of beginning; thence continuing north on said line to a point which is 30 feet south of the centerline of West 44th Avenue; thence west to a point which lies 54 feet west of the starting point and 30 feet south of the centerline of West 44th Avenue; thence southeasterly to the true point of beginning, except the north 3 feet thereof. Except that portion conveyed to the City of Wheat Ridge by instrument recorded August 17, 1987 at Reception No. 87105694. County of Jefferson, State of Colorado. (for informational purposes only) 4380 Pierson/11072 W. 44th Ave. Exhibit "A" Deed of Trust (Rev 10/98) -2- #92030 v2 - Deed of Trust-Haderer F0004652 ALTA/ACSM LAND A PARCEL OF LAND IN THE NW 1/4 OF SECTION 21, T3S, R69W of the 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 of 2 Porcel Descriptions (from Title Commitment): Q9ILti6: That t of the SE ' of the NW of ScDm 21 Tomeh 3 South Ronal 89 Wesl of the 6th P.N. demoted as taboo, A X 4 q• Bmhning It a print an Me south bound-, It.. of Welt 44th Awnue Whkh b 755 feet wast and 587 feet north of Me SE corn, of the NW % of mw Section 21; Thence awth 167 het; Mince went at right aple3 130.4 feel; then n,th 166 feet, mars ce bas, to the moth boundary the o1 Week 44th Avane; lh- meteny dung Me loth bde-y he of West 44th Awnue 130,4 feet. mars a bp, to the Point of Begklnhq, Eacpl Ne west 23 feN NemY, Md excel Mal D,Uan canwyed 4o M, City of Wheat Ridge by ins mi, recorded August 17, 1987 at Rmptkn No 87105694. County If JeHersan, State of Cddado. Parent Lot 17, Bin Heighte Subdivision, County of Jefferson, Slats of Cddodo. Perces G, A ball of land in Me NW X of Sectlm 21, Toenehip 3 South, RalW 69 bleat of the 6th P.M., more P-bou sly denoted am fall- Begin-9 all- Begin Y cant I Point to 1 tin J. mS th the of West 44th Awnue, mid point be" the naMm,l cane of ylw�e and Sylvia J Sylwmler by deed recorded Mach 22. 1949, h Book 628 at Po9e 575; Mince IeaNnp W moth the o! Wpl HlM1 venue and rannhg alIng Ma oral Ilna of mid Sylvple vropMy 108 feel, mese a ism; to Its hie -tion eith the hath line of ww fty yed 10=Y4 Holmes and Ruby Ndmea by deed recorded Auqual 7, 1963 h Bock 1623 at Poge 25; Nm- w0dm9 gid hath Ihs of Holmes dperly 93 fee4 more ,2. leay to the opt Ih< of '�epnce norMeriy and to nwMkaalMYldmq mw +eyateerto the afovremaw south Ind Bo Me 17 a4MP�wnue: thence wealthy alma cold south I've to the Point of 5.0 -Ing, Encpt that Portico on-yed to the City dl Wheal Rkpe by Inatrvmenl retarded August 17, 1987 at Re-Plkn No, 87105694. Cont, of Mfi, inn, State of Cd,ado. Md The hath 10 feel of the south 60 feel of the naM 168 leek of Me -. 581 foe( of the west 93 fast oI the east 655 feel of the Nei X of Smt on 21. Towmhip 3 South. Range 69 Wen of the 6th P.N., -.,y of tel -ton. Stole of -N... Thal Pot of the SE % NW )( of Smtlm 21, Tarnahip 3 Saulh, Range 69 Welt of the 6th delated an fdlawe: 8eghnhg at a Point In the mush boundary line of West 441], Avenue ehkh pont ie 755 feet rpt Ind 587 feet ndlh of the math -at come, of Me NW X of maw SCUon 21; thence met aeNg the South bar,dary line of - 4411h Avenue. a dfston- of 100 feet: thence South, and right w4te, (along the t In. of that -I1 are rmorded In Book 628. Pd M 575,leffNenn County rmerde) a distan- of 217.8 f -t: I, -owl, peollN wAn ted moth bwndoy Imo of Weal 44th Awnum, a dblmce of 100 bel: lhmce north at right onjo , (don, Me real line of Mat perctl as recorded in Boos 628. Page 575, Jeff- Counly -Na.) a datan- of 2118 feel to Me Pdnl of Bmhnhg, Ekcmt that pdtwn cmwyed to the City of le t Rouge by irnhuMMl rmaded Mgust 17, 1987 at Reception No. 871M94, Coun ly of Leff- Slate of Colorado. Md The fanale, part o1 -ted Parfet sheat, deSWbe6 are fam.r, Apdcel of and 'n the sE X NW % of Spkion 21. Tamnahp 3 Soulh. Range 69 Wen of Me 6th PN. Whir- b a Patlm of that tract recorded - a Ouil pato Deed h Bods 757 at Page 368 at leffereah Canty. Coiahma. mid p,tkn of mid b -t to be neeby v-oled and more partiwlady deserted os fdlo.m Slarlh9 as o Point w -IM la 528 feet real and 587 feel. mN. o, lop. noth of Me soMeosom l cer of the Nee X of Smtim ou 21, T -Nip 3 Sth, Rah, 69 Wast of Me 611, P.M.; May- maktely pdalld .ith Me mat bwndwy IIn, of mid NW X. 903 fest; InS 64'30'00 W34.9 feel; thence north, 881 feet to the Tram Paint of Beglnnhq; thee.. --In, ,lath an mid the to d point Mlch Ie W feet M of Me cmtMi,w of West 44th A— Mince vest to a point ehkh Ike, 54 feet Wel of Me farting Point Ind 3o Ieel eWth of Me centment of West 441h Awnue: thence,soubmmlroly to the Thus Pont of Beginning, except the hath 3 feel thermf, Ex-Pl thol portion cawyyeedd to the City of IMdat Ridge by hnrument recorded August 17. 1987 al Rewptim No. 87105694, Ceuhty of 40'erme. state of Cadd o, Note: C,nmmts in Pd thels ( ) ore added due to senior coos hum parent parcels that wee omitted. Resulting Metes and Bounds of Overall Porcel: the 6th Pnnepd Meridknh� of land ' Countyect 11 in*net ief'each Slttah 21. ate of Cddodo being Rarya 69 dy d-ited County o g mare pdUculad a3 fotlowr. Canmencn9 at the aoutheaet corn, of the Net X of laid Section 21. I,ehll Me west X o! SOW n Section 21 beaS 89.35'19" W o distonce of 2644,5 reel, sold II- forming the basis of beahg for thlm 1eW dam ptlon; thence S 89'35'19" W dung the ,win line of the NW % of said SWUM 21 a dfstmce of 755.00 feet to Me point of Intersecllon with the met line of the B, Height. Subd-Ioh as rwNdNI In Bald 16 at Page 10. Jel`erson County ,, that- N 00.18'30" W o dhtanae of 355.00 feet to the southeast coin, of Lot 17, Bd H"hte Sbormian, the Point of Be4nnin9 Manor S 59'41'30" W atm9 the loth the of maw Lot 17, Bor Fbighte Sap ,Ian a diatonm a, 187.40 feet to the mutRmet caner of cold tat 17; Nonce N 00'08'30" W alIn9 the west One ofmid Lot 17 Ind Me rpt lira of Pace! A es recorded in Rook 2595 al Pope 533 a e'ntonce of 247.71 feel to Me Deht of intractlm with Me south right-of-way few of What 44th Awnue as deaated in Rmeption No. 87408694; Minn S 8959'20' E al -g mW eolith right -.!-way the Intl said Rmplim No. 87405694 a distance of 282.88 feel to the point of ht hon +ith Me rest line d a pored dem,ibed h Recepl'wn No.87074493; thanceN 22'10'27" W ,tang sold eon Itne of mow pared o dntance of 3.43 to the hath -t a of sow pared; then- N 89'35'19' E dIn9 the north Itne of saw P -d! o distance of 18.8, feet to the ndthmat comer of saw pdcel: Men- S 0018'30' E ding the mel the of add par -I and Ne dot the of a pard demoted M Rnoe tiah Ho. 65045303, Ief- County recarde o - - of 111. feet to tide sothmat came of mid pored deecnbed In Reception Ni 85046305. Jeflerean County reads: =met f in=89'35'19" W along Me punt the of end pace) a dome, of 93.00 feet to Ma pdnt tlon dM Me psi Ilne of a pdcd dedated in Book 2940 at Page 722, i,(fMmn County recall then -S 0018'30' E dung mid east It,, a ,elan- of W9 W feet to Mea Me eauthet can, of said parcel : thence 5 89'35'19' W olmq the south line d edd pec 1 a dist - of 100,0 feet to the Point of ink-ectian X cost ins of mid Lot 17, Bar Hoghle Subdivinan; thence S 001830' E ding mid Baal Iina of Lot 17 a dhtan- of 34.20 feet to the Pant of Beginning, contahinq 1.34 oche, more d I - ,10.71 MAP N.T.S. 1-70 NM Ave o site = N - Mth A- 102-505 1/2 NOTES I. NOTICE; AIIddIhg to Cobrado lo., yo l comm a any Ind octbn hosed upan any detest h this y within three years afle you first a-, inch defect. h vent moy any odlah Eoaed upon any defect h We erwy be cd -Ian more than len years lean the date of catifkoeon Moon he-, 2. Thb So -y PI.L and the hfa-tial heean, moy not be used IN an) odditl.d a eslonded ih, p s beyond that Id "" it win Intended Intl moy not De used Dy Iny ,.-oM, than thome to rhkh it la Iatleed. 1 1hi3 S,vey d -s not conatilate o title eeadl by NRW Consulting. Inc. to det,mM ornNNep o eT,- 1 o! re -rd. right-of-wy and title of -d. Nath A -6 - Title Cdnpmy .f Cdo,ad. Rb no. CMS 1718M C-3 dated AUWat 30, 2002 at 7:300. Woo rdied an M theme W,Pams. 4. According to Flood Inman- Rate Map-,,uhily Panel numb, 085079 0005 C dated Feb. 4, 1988 the eub wt p nope,ly Item wlihin Zone B flood hosed am. 5. Thid survey d -s not add- Item, 1-7, 10, 14, S,1,Nul, B Sctian 2 N the title commitment as en- In note 3. 8 (Ae to Pared C) That pdtkn of Parfet Street vacated by Ordinance No. 716, S,iee d 1987 of MonWn , City Ci of the City of mt Ridge, Cddado, recorded June S. IM7 a R-tkn fin. 87074491 e �run-tlm: To BdIN of the West, North A Nlttan Title CapanY of (Aroma and PonYN. Inc Thb d to oallfy telt thin mop a plat and Me dewy an Mkh it b booed Were mads In co dance with'whinnan Skarddd Deto9 R,Whempb for ALTA/ACSM Land Me Surw p IA, ptdblielled ab adopted by ALTA ACSM end "SPS in 1989, and indi items 1, 3. to and 11(0) d Table A Merlon. Purmann to Me Aecurmy Slmdards an adapted Dy ALTA. NSPS. and ACSM and h dfmt m the date of Mb certl! ,tion. undasigled forth, carliflas 'no l Proper Std rid-duree, ie.I-tatim, Ind .111. strwy pesmnd .ars employed h orde to aMiew remlte aamparoble to -Bleed h Me 'Mtnhwm 114., Obhnce and Ckmre ReWYsmmts fel Sreey Mmmrements ehkh Conhd Land feoundales for ALTA/ACSM Land Title 9ulwya a , No.20140 shno Ce tifkate, Deposited MieDay of 20_ Il Beek of the Cwnly serwya: a Land survey Ptafs/Rlght-of-Way Surwyn at pa- Reoplioa Number (signed) County S-rn ALTA/ACSM LAND TITLE SURVEY A PARCEL OF LAND IN THE NW 1/4 OF SECTION 21, T3S, R69W of the 6th P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 of 2 / - 90.p147' V Xp l'�Yiy. &aw� : �t [ W. 44TR AVENUE (66' R.O.W.) (mlla.a p. - - - - - - - - 9aaatx salw'~a � PT N zz•lo'2r w 3.a3' I N E w..°p. -av' E 102.95:—' — — . eaxiTa• E I l �” AemJA I MtlC I /Ymry/uW 'lvd oh \ baF mPo EMR aa9 5L M! AYR PM 10 I Ae..Nu .CN.CORa I Z o q I aa° 1 30• 0 30' 60' 8 SCALE FEET 0 I $ _I I � I _ I l' I • s.E' e' waiawa Bei N°JA(s 1 SLedYityoe i �x admnkm. x O �I y / I ns I I a. .. lix.) �• g7777-77 t,f�aM°tQww At? I - 9uwtl I fi£ 1 e b O -- o0 it p9p3.00' A. $ p. I n�g W {� cane .mag � a 0.a'La •NM. �i �ac a °�,�o„1e0y �atl 3 L3§ i� a.> E b 1 Ro. IaBL EMR n [t/1 I W [y I I I m I 89s5'1 ' w I �� r 110.0,' can � a I xe< u.9ele i S5 1 1 1 � I I I I I a R-w'� �;u�p � cBeeta a, Beery I I I I 102-505 2/2 Bosh of BeerNes: Tha taint Ina of the NW 1/4 of Swc 21, T3S. R69W bel S 89'35'19" W, b.— mmumw,ts, show, M1aam. 1—d uatan/questa unleu omorwl.. notal O farad monument. as ahoan ® a♦1 K nal and 1-1/Y -aa PLS 3,989 • nl ,Mar and ooF.PLS 3.989 Main INY f— n IMt --iae poled P mo.H pda O anhaa yy W. h w,n.d —oF— eaa eMcvrc r ea Famn c -..if— DMosted thea Doy o/ 20— t — _ M. In Book of 8 County S wyore Lmd Survey Ploe./m9naar-way salwyt dt pop. Recaplim Numbw (aiy�M) Canly Surwya Review Criteria: Special Use Permit (SUP) SubaPros Inc. 1. The special use will not have a detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood A: The special use permit will be in line with the automotive paint and body shop to the west of property, 4x4 dealer/repair on the east side of the property and the automotive dealer on the north side of 44th. Our presence in the neighborhood would not be any detrimental than existing neighboring properties and their uses. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. A: The entire 1.4(+/-) acre site is entirely fenced and view from the public of internal property operations is not seen. 95% of daily business operations will be conducted behind property fencing/borders. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. A: The property is currently zoned C-1 permitting automotive use. Our use under SUP allows property use under the "full use" category. The special use will not be any different properties/business surrounding property. 4. The special use will not result in undue traffic congestion or traffic hazards or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. A: The SUP permit will not create negative traffic impact for several reasons. 1. Off street for customer parking. 2. Employee parking will be behind fencing to the internal property. 3. Customers pick up/drop off usually 1-3 people at a time and don't arrive/leave at the same time. 4. Outside vendors are few and schedule at different times of month. These will minimize traffic impact to the area. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping so as to be in harmony and compatible with the character of the surrounding area and neighborhood. Especially with adjacent properties. A: Yes. Property has been in place for many decades. 6. The special use will not overburden the capacities of the existing street, utilities, parks, schools and other public facilities and services. A: The properties incoming power, street access, building placement, yard layout all are in harmony with the use requested. 7. Is there a history of compliance by the applicant and/or property owner with code requirements and prior conditions, if any, regarding the subject property. A: Unknown. City may have additional information Scott Cutler From: Jon Ungar <jungar@colocomm.com> Sent: Tuesday, November 21, 2017 10:07 AM To: Scott Cutler; Meredith Reckert Subject: Fwd: 44th & Pearson Wheat Ridge, CO property Scott, Let me know if you can see this forward. Thank you, Jonathan Ungar Senior Associate Colorado Commercial Companies (303) 327-5800 - O (303) 489-6126 - C Begin forwarded message: From: Steve Grubin <segrubinggmail.com> Date: November 17, 2017 at 1:22:18 PM MST To: Jon Ungar <jungar(a),colocornm.com> Cc: Fran Schneider <fschneiderccim(a hotmail.com> Subject: Fwd: 44th & Pearson Wheat Ridge, CO property Email from Paul Haderer regarding SUP on 44th & Pierson. Steve Grubin 303-525-7287 stevegTeamGrubin. com TeamGrubin. com RE/MAX Lifetime Achievement Award RE/MAX Hall of Fame TeamGrubin... A Family Tradition est. 1959 Want to know what it's really like to work with me? Check out my Five Star Reviews on Zillow! RE/MAX Alliance 5440 Ward Rd Arvada, CO 80002 ---------- Forwarded message ---------- From: Paul Haderer <paulrhadererkgmail.com> Date: Fri, Nov 17, 2017 at 1:02 PM Subject: 44th & Pearson Wheat Ridge, CO property To: Steve Grubin <se bin Mail.com> To whom it may concern, As current owner I am aware and approve of SubPro applying for a special use permit for the subject property. Regards, Paul R. Haderer 650/575-3104 paulrhadererkgmail. com