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