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Home My WebLink AboutWA-11-12City of Wheat jdge CommuNiTy DEVELOPMENT Memorandum TO: Case File WA -11 -12 FROM: Lauren Mikulak, Planner I WA DATE: September 12, 2011 SUBJECT: Case No. WA -11 -12 At the request of the applicant, Mr. Tom Phillips, the application for Case No. WA -11 -12 has been withdrawn. The application was a request for approval of A) a 30 -foot setback variance from the required 30 -foot setback for a freestanding sign over 15 feet high, resulting in a 0 foot setback and 13) a variance from the required 0 -20 foot build -to area for the Contemporary Overlay established by the Architectural and Site Design Manual zoned Commercial -One (C -1) and located at 12505 W. 44` Avenue. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on September 22, 2011, at 7:00 p.m. in the Council Chambers of the Municipal Building at 7500 West 29` Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following petition shall be heard: Case No. WA- 11 -12 An application filed by Tom Phillips for approval of A) a 30 foot setback variance from the required 30 foot setback for a freestanding sign over 15 feet high, resulting in a 0 foot setback and B) a variance from the required 0 -20 foot build -to area for the Contemporary Overlay established by the Architectural and Site Design Manual for property zoned Commercial -One (C -1) and located at 12505 W. 44` Avenue. Kathy Field, Administrative Assistant CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE BOARD OF ADJUSTMENT NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WA -11 -12 filed by Tom Phillips for approval of A) a 30 foot setback variance from the required 30 foot setback for a freestanding sign over 15 feet high, resulting in a 0 foot setback and B) a variance from the required 0 -20 foot build -to area for the Contemporary Overlay established by the Architectural and Site Design Manual for property zoned Commercial -One (C -1) and located at 12505 W. 44` Avenue will be held in the City Council Chambers, Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado, on September 22, 2011 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice is available in electronic form on the City's official website, www.ci.wheatridge.co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, September 8, 2011 _ -- 2008100906 _ 10131(269802:50:2 PGS 14 471.00 DF $0 0,morlejy Recorded Jefferson Cowan CO pam Anderson. Clerk and Recorder T 1000 N U PERPETUAL EASEMENTS AGREEMENT THIS PERPETUAL. EASEMENT AGREEMENT (" RMCM nC ') m entered into on October 30, 2008, between CBS OUTDOOR INC, a Delaware corporation, ( GuwJS& D, and 12505 W. 4e Avenue, LLC, a Colorado limited liability company ( " "). Sometimes Cromer and Granite: are referred to in this Agreement individually es a "ggy"andcollectivelyesth" rti " This Agreement affects certain real property described m: 12505 W. 44 Avenue, Wheat Ridge, CO 80033 (" mum "). 0.00) paid by in consideration ofthe amountof Two Hundred Forty-Five Thousand and 00/100 O rIam m ( 45,0 0er a tion ofthe Gorman to Grantor, the receipt andsufficiencyof which ar the re alties do her agree re f ellows: other mutual covenants and conditions harem expressed, p 1. Perpetual Eucomts. GrenmrmPmmus that it is the ovenerin fee simple of the Premises free and clear ofail liens except m satforth on "$chedulvl ", mdhmby grants and eonveysm Grantee, andGrmtee hereby expressly reserves in itself and wits successors and assigns in perpetuity, the following four (4) easements (hereinaf erealled the `Ememants" being more fully described as folows: (a) Billboard Sign Struchire(s) Easement An exclusive easement over, under, and above an area of the Premises described as the " Billboard E ant" and marked on the attached "E "t "as across - hatched area, for the purposes of Grantee and/or its agents to exclusively construct, innall, rely rePlacs opm,, leafs and mairrain thereon the billboard sign so ohne(s), appurtenances, and ancillary equipment (hereinafter called the "Billboard ") described as the "Bilb ar " in "Exhibit B". (b) AcccesEasemant. Aneasemcntefingressmdegmssovamdacross anumofthe Premisesdesciibed asthe " Access Easement and marked on the mtached' bit as across - hatched area, for the purposes of vehicles operated by Grantee eoNar its agents to gain ingress and egress for exclusively constructing, erecting, installing, repairing, replacing. opemting.utilizing, leasing anderaintaning thereonthe Billboard. Notwithstandmgthefomgoing, it J is understood and agreed that except in case of emergency, to the extern Grantee needs to have Grantor move any vehicles maintained m th property to access the Billboard for any purpose, it shall give Grmwr two (2) days prior lT notice. (c) Utility Easement. An easement of ingress and egress over, under, and/or above an area ofthe Premises descfedasthe " Utility Easemenf 'andmmkedontheatteched "E b 'tD "macross4latchedarea,fortheins Nation, I ` operation andemint enanceofany elahicityor othautility facility, iineoreonnectionthat maybe ressonablynecessary m appropriate in order on afford adequate illumination and operation of the Billboard. (d) Visibility Easement. Anmciusiveememmtacrossmareaofthe Premismdesaibedasthc "Visihili Eesanmt mdmarkedoathe attached "Exhi itE"macroas- hatched area, fmthe display ofadvertisingonthe Billboard to vehiculartraffic approaching and passing the Premises. Grantor, imsuccessommdassigns ,agrcenotmhnplementor to allow the construction, placement or erection of any structures on the Premises, orthe storage of any objects on the Premises, or the planting or growth of my landscaping on the Premises, that blocks, obstructs, hinders, or impairs the visibility ofmy portion ofthe Billboard within through or over said Visibility Easement, or to do or allow my other act thatwould materially diminish thevalue, use, and purpose of said Billboard as m advertising device. It is understood and agreed that the Billboard is fifty (50) fat high of which the upmost fourteen (14) feet comprise the area where advertising ropy isposwd. Notwithsmnd ngthis Section 1(d), Grantor shall not be restricted from utilizing the area of the Visibility Easementfarthe business murcntlyconductedthere, thaparkingofrecreational vehicles, provided the top of such vehicles or anything else also maintained in such are at least twenty (20) feet below the top of the Billboard. 2. Maintenance of Sign Stmcasre. Grmtee, and not Grantor, will a all times bear responsibility for the repair and maintenance ofthe Billboard and for my other appurnmancesthemun; provided, however, Granter shall be responsible for my damage due to the acts or omissions of Grantor, or anyone acting by, through or underGmntor. 3. Self Help. In addition to every other right or remedy provided at law or equity, in the event Grantor fails m refusal to perform or empty with my ofthe terms, conditions, covenants, easements or obligations of this Agreemmt,Grantee may, withoutliability for failurew do so, take whateveraction it may deem necessary to cure such defaulter breach, or otherwise affectcompliancewilhthis Agreement, atthe expense ofGranter, provided that Grant" will have given G[antorat leaaten (10) dayewrittm notice of its intentionto do so, and provided thm Gramorwitl have failed to correct said default or breach within said not (10) day pariod. The expense of such cure will be payable by Grantor to Grantee upon demand by Grmtce, md,if not paid within five (5) days of Grameemailingsaid demand for payment, will bear interest until paid at a one that is equal to me percent above the Wall Street Journal Southwest Edition, primermepubiished inthe "Money Rams" table for cmporate loansby selec[edU.S.banks ( "Prime Rate") atthe timeofthepaymemdemmd oronthe immediawlyfol lowingdamofpublicatim if the date ofpaymeutdri and falls on date the Wall Shat Journal is net published. If, a my time duringthe term of this Agreement, the Wall Sheet Journal discontinues the publication of the Prime Rate, then, in such evens Grantee will have the right to select a reasonably comparable, standard din is a nationally recognized prime rate of interest then available, that is established by a major regional or motional bank, and that wouldprovide substantially the sameresult, which alternate rate will be substituted for the Prime Rate in each placed called for in this Agreement. In addition, Grantee is hereby granted a lion against the property to secure the payment of all sums due and payable by Grantor to Grantee under this agreement, which lien maybe foreclosed by suit, power of sale, or my other matter permitted by applicable law including power of sale foreclosure. PERP EASE Paae I of4 rev 1/11/07 chx re 4. Injunctive Relief. In the event of any threatened or actual violation by Grantor, its successors and /or assigns, or any of them individually, of any of the terms, conditions, covenants, easements or obligations of this Agreement, Grantee, and its respective successors and/or assigns, will also have, in addition to the right to collect damages from Grantor, the right to enjoin said threatened or actual violation, in any court of competent jurisdiction. 5. No Cancellation. These are perpetual and permanent Easements, and no breach of this Agreement by Grantee will entitle Grantor to rescind, cancel or otherwise terminate this Agreement. However, this limitation will not affect in any manner any other rights or remedies that Grantor, its successors and/or assigns, may have by reason of any breach by Grantee of this Agreement. 6. Amendment This Agreementmay be modified, terminated, or canceled only by the written consent of the parties, evidenced by a document that has been fully executed, notarized, and recorded in the records of the County of Jefferson, State of Colorado. 7. Indemnification. Grantee shall indemnify, protect and save harmless the Grantor from all damages to persons or property by reason of accidents resulting from the negligent or intentional acts of Grantee and Grantee's agents, employees, or workers in the construction, erection, installation, repair, replacement, operation, utilization and maintenance of any portion of said Billboard. Grantee does not, however, indemnify nor assume any responsibility or liability for any other damages to persons or property, including but not limited to, damages resulting from the negligent acts or willful misconduct of Grantor's employees, agents, tenants, invitees and/or guests. Further, Grantee shall indemnify and hold harmless Grantor from and against all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney fees, arising out of, or in connectionwith (x) any Environmental Contamination caused by or attributable to Grantee's activities on the Premises; (y) the ownership, operation, or use of the Billboard or the Easements, except to the extent caused by the negligence or intentional acts of Grantor, its agents, employees, or contractors; and (z) any breach of Grantee of any provision of this agreement. Grantor shall indemnify and hold harmless Grantee from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney fees arising out of or in connection with (i) any production, storage, transportation, treatment, spillings, infiltration, disposal by Grantor, or other presence upon the Premises or any adjoining property as a result of any activity by Grantor, of any hazardous substance, hazardous waste, or other toxic material now or in the future regulated by state or federal law, including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act as such legislation currently exists or is later amended or replaced ( " Environmental Contamination (ii) the ownership, operation, or use of the Premises by Grantor or anyone claiming by, through, or under Grantor, except to the extent caused by the negligence or intentional acts of Grantee, its agents, employees, or contractors; and (iii) any breach by Grantor of any provision of this Agreement. S. No Relationship of Agent or Principal. Nothing construed in this Agreement will be deemed or construed by either party, or by any third party, to create the relationship of agent or principal, or limited or general partner, orjoint ventures, or any other association between the parties other than Grantor or Grantee. 9. Enforceability. All terms, conditions, covenants, easements or obligations of this Agreement will be binding upon and inure to the benefrtofthe parties, and to their respective heirs, successors and/or assigns. Granteewill have the absolute and unconditional right to assign or sublease its rights hereunder at its sole discretion. Allprovisionsof this Agreement, including the benefits and burdens, will run with the land and are imposed upon the Premises as equitable servitudes in favor of Grantee. 10. Subordination and Non- Disturbance. Except as specifically provided herein, any ground lease, mortgage or deed of trust affecting any portion of the Premises will, at all times, be subject and subordinate to the terms of this Agreement; and anyparty foreclosing any such ground lease, mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or in lieu of trustee's sale will acquire title subject to all of the terms and provisions of this Agreement. Grantor represents and warrants to Grantee that there is no presently existing mortgage or deed of trust lien on the Premises, otherthan the deed of trust dated issued to Vector Bank Colorado National Association as beneficiary, which is dated January 31, 2005 and recorded February 23, 2005, at Reception No. F 2176079 (the "Vectra Deed of Trust "). Notwithstanding the foregoing to the contrary, the Vectra Deed of Trust shall be superior and not subordinate to this Agreement provided a Non - Disturbance Agreement in the farm attached hereto as Exhibit F is executed by all necessary parties and properly recorded. 11. Notices. All notices or other communications that may be given or are required to be given by either party to the other party must be in writing and must be sent by certified U.$. Mail, postage prepaid and return receipt requested, as follows: Grantor: Vectra Bank Colorado 2000 S. Colorado Blvd 2 -1200 Denver, CO 80222 Attention: Susan Tucker SVP Grantee: CBS OUTDOOR INC. 4647 Leyden Street Denver, CO 80216 Attu: Real Estate Department With a copy to: CBS Outdoor 405 Lexington Avenue PERP EASE Page 2 of rev. 7117102 cr New York, NY 10174 Attn: General Counsel All notices that are sent by mail will be deemed effective on the third business day after the date of posting. From time to time the parties may, by written notice in the manner set forth above, change their address for purpose of receiving further notice. 12. Exhibits. Each and every one of the exhibits called for by this Agreement or referred to or otherwise mentioned in this Agreement is attached or will be attached to this Agreement prior to the signing of this Agreement and is and will be construed to be made a part of this Agreement by such reference or other mention in the same manner and with the same effect as if each exhibit was set forth in full and at length each time it is referred to or otherwise mentioned. 13. Time is of the Essence. In all instances where either party is required under this Agreement to pay any amount or do any act at a particular indicated time or within any indicated period of time, it is understood that time is of the essence. All performance dates, time schedules, and conditions precedent to exercising any right will he strictly adhered to without delay except where otherwise expressly provided. In computing any period of time by days as provided in this Agreement, the date of the act, event, or default from which the designated period of time begins to run will not be included. The last day of any time period stated in this Agreementfalls on either a Saturday or Sunday or falls on a legal holiday recognized by the United States Postal Service, then the duration of such time period will be extended so that it ends on the next succeeding day that is not a Saturday, Sunday, legal holiday recognized by the United States Postal Service. 14. Counterparts/Recording. This Agresmentmay be signed in multiple counterparts, each of which will be in recordable form and be an original, and all such counterparts together will represent but one and the same instrument; but in making proof of this Agreement it will not be necessary to produce or account for more than one such counterpart. This Agreement becomes effective when one or more of the counterparts has been signed by cacti of the parties and delivered to the other party. The parties agree that this Agreement shall be duly recorded in the real estate records of the Jefferson County recorders office promptly following the execuion of this Agreement. 15. Entire Agreement. It is expressly agreed by the parties, as a material consideration forthe signing of this Agreement, that this Agreement is intended by the parties to be the final, complete, and exclusive embodiment of their agreement regarding the subject matter of this Agreement; that there are and were, no oral representations, warranties, understandings stipulations, agreements, promises, or any facts and circumstances surrounding the relationship of the parties pertaining to this Agreementor any expressly mentionedwritten documents that are net incorporated in writing in this Agreement, and none will be binding. No construction or inference is to be derived from any such oral statements, prior written matter, or facts and circumstances surrounding the relationship of the parties. This Agreement speaks for itself and no facts and circumstances outside the fewcumers of this Agreement, which are not specifically incorporated into this Agreement, will be used in the ntapretition of this Agreement. 16. Authority. Grantor and Grantee each represent and warrant that the party executing this Agreement on behalf of (a) a corporation, is duly authorized to sign and deliver this Agreement on behalf of such corporation., in accordance with a duly adopted resolution of the board of directors of such corporation prepared in accordance with the bylaws ofsuch corporation, and that this Agreement is binding on such corporation in accordance with its terms, or (b) a partnership, is duly authorized to sign and deliver this Agreementon behalf of such partnership in accordance with its partnership documents, and that this Agreement is binding on such partnership in accordance with its terms. 17. General Rules of Construction. This Agreementwill not be strictly construed either for or against either party, butthis Agreementwill be interpreted in accordance with the general tenor of the language of this Agreement in an effort to reach an equitable result. No remedy or election given by any provision in this Agreement will be deemed exclusive unless so indicated, but each will, wherever possible, be cumulative with all other remedies in law or equity. The parties acknowledge that this Agreement has been freely negotiated by both panics and that each parry (and its counsel, if any) has had the opportunity to review and revise th is Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interprenhon of this Agreement or any amendments or exhibits to this Agreement. IS, Legal Construction. If any one or more of the provisions contained in this Agreement is for any reason held to be invalid, illegal, or unenforceable underpresent or future laws effective during the Term in any respect, and the basis of the bargain between the parties is not destroyed or rendered ineffective thereby, such invalidity, illegality, or unenforeeabiliN, to the extent possible, will not affect any other provision of this Agreement. Moreover, so far as is reasonable and possible, effectwill be given to the intent manifested by the portion held invalid, illegal, munenforeeabie. It is further the intention of the parties that if any provision ofthis Agreement is capable of two constructions, one of which would render the provision invalid, illegal, or unenforceable and the other ofwhich would render the provision valid, legal, or enforceable, then the provision will have the meaning that rendersit valid, legal, or enforceable. 19. Colorado Law to Apply. Notwithstanding the fact hat one or both of die parties is now ormay become a resident or citizen of a different country or state, this Agreement is to be construed under and in accordance with the internal laws of the State of Colorado for contracts made or to be performed therein, without giving effect to the principles of conflicts of law thereof, and all monetary obligation of Grantor or Grantee (including, without limitation, any monetary obligation of Grantor or Grantee for damages for any breach of the respective covenants, duties, or obligations of Grantor at Grantee under this Agreement) are performable exclusively in Jefferson County, Colorado. 20. Attorney's Fees If either party employs attorneys to protect or enforce its rights underthis Agreement PERP EASE Pace 3 of 4 rev. 7 117/02 cr *CBS OUTDOOR and prevails, the non - prevailing parry agrees to pay the prevailing party's reasonable costs so incurred (including, butnot limited to attomey's fees, and all other litigation costs and expenses, including, but not limited to, deposition costs, travel, and expert wimess fees, incidentto any suit, action, proceeding, threatened suitor action, inquiry, or investigation or the defense of any claim), in addition to any other relief to which the prevailing party may be entitled. The term "prevailing party,' as used in this Section 20 includes, without limitation, either party that is made a defendant in litigation brought by the other party in which damages and/or other relief may be sought against such party and a final judgm ent or decree is entered in such litigation in favor of such party defendant. 21. Grantor covenants and agrees that Grantee will, at all times, have the peaceable and quiet enjoyment of the Easements without my manner of hindrance from Grantor or any person or persons claiming the Premises by through or under the Grantor. IN WITNESS WHEREON, the parties hereto have executed this Perpetual Easements Agreementas of the day and year first written above. G OR: 125W. 4'" Avenue L Its: GRANTEE: CRS OUTDOOR INC., l d�I it (WITNESS) [Note: if corporate grantor, may require an attestation by a secretary or assistant secretary. Also,the corporate seal may need to be affixed.] The foregoing 20�� by, My Commission STATE OF Kolb (k, ) COUNTY OF ,rta ) as -��1� ) � Ar, Uni foregoing instrument was acknowledged before me thi �� day of O-4b�— 20 by, o uy Publi My Commission Expires: ERIC DAVIS Notary Public, State of New York No 02DA6083 Qualified in Kings County Commission ExpncsNotember PERP EASE Page 4 of rev. 7 /17/02 cr STATE OF COUNTY OF rfyY )) ss �� 15 \� p ^• .Y r 9 i, � t 4 a 3 A ! S ° T I e 4 ® s % r NN � T � r S�5 AM m - t i } sr -4 " :x g fayY G 7 v th� k i R d } NS.}., T a t. 3 k f Taq x GhC j V yd>< xk t 3 s § S+ 4 11A ! h' z.. E� F 3T Yq k Gw: 4 F .ydF sI a+ ° } °. =. Ea m e o H y C {{ P e Ijm I a o F `,n �A o . �^ z S N J \ IN O I n - � i 0 I Z9 4 ACCESS k MAINTANENCE ESMT. REC. 1 30081W906 \ 9 O� f F i � � J qa , i� P �z 'n S00'01'49"E 181.99 yt5 ,- f N o m - - - ' z I PO14CE11T BLOC �I' r 0 mow .. , O pe:= ��\ \( ) >° \[) §\ \| /o ]` \� ° { � @ /;m !«) § `� > m 00 \ \ � 5z, 0 `\!>q �r \! , / 0 • l 1, : :! §§ >_ 0 (0 § |/z j \z ;0 § @`• 2` § z ! O § A ,)/ } \ > o - , mor o (S 7 %�ji 0 m );: \ ) ;r#�: ; . ; \ /2 /\ \ zX\ /A� / >0 ,§\(/ ) ,- A ) {�\C0 FCo M ! ` g \ ] 0- § (\( §§ )§ § GC> )/; ; { !4 § • #P 0>0 omm -4 ° °� 0 � � 0 �� § � ) \ \ \ \ \` ,; M § h \ \ § \\ A§ r G5 j z 0 \\ ZMM §() §: ! § 1 § ® ; ( ,0§ 0 /] /\ \ ; §| \ § j / lm >. ) \> \| /p\ ;) � / } 0 ; z \ \/ 0 E / ; >/ � �� >A 0 -� r ,z & / ( }/ > 0 ;-1 >zM A#g!2) @ °>)�4§ m 6A6b> \ 2 ` 2m e ° \ \ /(\ / ) ) � � k i /m! 6> !% &rz /\ 4 „ ,` \ 4 r§� r 2r. /)0 000 /00 2 Ol z . \ ° !t > M §�� jAw 00 0 ° {0§ ,. /m\§ / \ X/ E `° §! . oor `2 / / iZ§ ; > )!; & z0xN IM »§N > 0 �� \ /; §! ;\ > >m % §/ § r; / , \.. M> \}0 \ � �`� / r |; ) .i �§ § ; §; §; � � EXHIBIT A SHEET 1 OF 2 SIGN EASEMENT DESCRIPTION A SIGN EASEMENT, LOCATED WITHIN A TRACT OF LAND RECORDED IN THE OFFICES OF THE JEFFERSON COUNTY CLERK AND RECORDER AT RECEPTION NO. F2176077, SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE 20 FOOT WIDE SIGN EASEMENT IS 10 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT OF LAND WHICH SAID CENTER OF SECTION 20 BEARS S 14 E A DISTANCE OF 788.90 FEET WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N 08 0 55'38" W A DISTANCE OF 62.25' TO THE TRUE POINT OF BEGINNING; THENCE N 24 0 39'30" W A DISTANCE OF 70.00' TO THE POINT OF TERMINUS; CONTAINING 0.032 ACRES (1400 SQUARE FEET) MORE OR LESS. James V. Hastings, PLS 22917 FOR AND ON BEHALF OF ANDERSON AND HASTINGS CONSULTANTS INC. 12596 WEST BAYAUD AVENUE, SUITE 350 LAKEWOOD, CO. 80228 (303)433 -8486 ILLUSTRAMN FOR EXHIBIT A '-�>' 10- 1 CENTERLINE N 253930" W �711�I�II:Id 20.00 i�� PO /NT OF BEGINNING NORTH R/GK/T OF WAY UN£ W 44TH A Po1Nr OF cavmENCEMEI NOR7M S 14 E O to m 78Q90' HEST 447H AW. (BASIS OF SEARNGS) O PROPERTY CORNER: FOUND YELLOW PLASTIC ® BILLBOARD EASEMENT CAP LS 14112 PREPARED FOR.• IT is wirmro a ic� otricr INET as o DESCNPPnM. �� C. C6W.. SEC 20 T.3 S, 4647 LE3DEN ST. R 69 W. 67H P.U. DENIER, CO 80212 ANDERSON AND HASTINGS CONSULTANTS, INC. 20' BILLBOARD EASEMENT LOCATED IN THE SE 1/4 OF NW 1/4 OF SEC 20 T3S, R69W, 6TH P.M. 20' I 999 -9999 - 09 -200e 2 OF 2 ILLUSTRATION FOR EXHIBIT B 4s' -o 0 ,I g 1 O BLLBOARD ELE/A T /ON SCALE 1" =10` PREPARED F'OR' CBS OVIDOOR 4647 LEIDEN Sr DENIER, CO 80212 BILBOARD ANDERSON AND HASTINGS CONSULTANTS, INC. LOCATEDLN THE SE /4 OF NW W® /4 OF DRWT". xa, SEC 20 T3S, R69W, 6TH P.M. am W e er. DAM i sae -seen STATE RADO. BEING COUNTY OF ART F JEFFERSON TRACT imi 1 o-oe 2ooa 1 OF 1 RECOREDED AT RECEPTION NO. 2176077 EXHIBIT C SHEET I OF 2 MAINTENANCE AND ACCESS EASEMENT A MAINTENANCE AND ACCESS EASEMENT, LOCATED WITHIN A TRACT OF LAND RECORDED IN THE OFFICES OF THE JEFFERSON COUNTY CLERK AND RECORDER AT RECEPTION NO. F2176077, SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT OF LAND WHICH SAID CENTER OF SECTION 20 BEARS S 14 E A DISTANCE OF 788.90 FEET WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE S 89 0 50'00" W A DISTANCE ALONG THE NORTH RIGHT -OF -WAY LINE OF WEST 44 AVENUE A DISTANCE OF 56.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 00 0 01'53" W A DISTANCE OF 27.29 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE WHOSE CHORD BEARS N 44 0 54'07" E A DISTANCE OF 42.38 FEET, HAVING A CENTRAL ANGLE OF 90 °08'07 ", A RADIUS OF 30.00 FEET AND AN ARC LENGTH OF 47.05 FEET; THENCE N 89 0 50'00" E A DISTANCE OF 25.68 FEET; THENCE N 00 0 01'53" W A DISTANCE OF 8.61 FEET; THENCE N 25 0 39'30" W A DISTANCE OF 70.00 FEET; THENCE S 64 0 20'30" W A DISTANCE OF 44.74 FEET; THENCE S 00 0 01'53" E A DISTANCE OF 109.76 FEET TO A POINT LOCATED ON THE NORTH RIGHT -OF -WAY OF WEST 44 AVENUE; THENCE N 89 0 50'50" E A DISTANCE OF 15.00 FEET ALONG SAID RIGHT -OF- WAY LINE TO THE POINT OF BEGINNING; CONTAINING 0.110 ACRES (4774 SQUARE FEET) MORE OR LESS. James V. Hastings, PLS 22917 FOR AND ON BEHALF OF ANDERSON AND HASTINGS CONSULTANTS INC. 12596 WEST BAYAUD AVENUE, SUITE 350 LAKEWOOD, CO. 80228 (303)433 -8486 I ILLUSTRATION FOR EXHIBIT C �o 5 6k2O3 �j n N 00'01 53 "W 8.61' NOR rH a to m mimibmliio s" 1' - 20' R= 30.00' 4 =90 08 07" L= 47.05' CB =11/44 54 07 E CL= 42.38' NOR7N RIGHT OF WRY LINE W "7H AVF. N 00 01 W 27.29" N 8950 15.00' NEST 447H A 89:50'00" L' S 1441'15 ' E 78690' (BASYS OF BEARINGS) O PROPERTY CORNER: E�Z MAINTENANCE &ACCESS FOUND YELLOW PLASTIC EASEMENT CAP LS 14112 PREPARED FOR.• Wa 20 !T N- NDED OM O DEPICT INE AMCNED 91GRPnON Z Y CBS E r. CM. T3 S, x647 R, CON 5T. R. 69 W. 67H P.M. DENVER, CD 80212 ANDERSON AND HASTINGS CONSULTANTS INC. MAINTENANCE & ACCESS EASEMENT LOCATED IN THE 5E 1/4 OF NW 1/4 OF a Ho- SEC 20 T3S, R69W, 6TH P.M. m 20' 999 -9999 CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BEING A PART OF A TRAI -O8 1 2 OF 2 RECO_REDED AT RECEPTION NO. 2176077 EXHIBIT D SHEET 1 OF 2 UTILITY EASEMENT A UTILITY EASEMENT LOCATED WITHIN A TRACT OF LAND RECORDED IN THE OFFICES OF THE JEFFERSON COUNTY CLERK AND RECORDER AT RECEPTION NO. F2176077, SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AT THE SOUTHEAST CORNER OF SAID TRACT OF LAND WHICH SAID CENTER OF SECTION 20 BEARS S 14 E A DISTANCE OF 788.90 FEET WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N 00 0 01'53" W A DISTANCE ALONG THE EAST PROPERTY LINE OF SAID TRACT A DISTANCE OF 82.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 00 0 01'53" W A DISTANCE OF 20.44 FEET; THENCE S 29 0 16'06" W A DISTANCE OF 47.48 FEET; THENCE S 60 0 43'37" E A DISTANCE OF 10.00 FEET; THENCE N 29 0 16'06" E A DISTANCE OF 29.63 FEET TO THE POINT OF BEGINNING; CONTAINING 0.009 ACRES (385.5 SQUARE FEET) MORE OR LESS James V. Hastings, PLS 22917 FOR AND ON BEHALF OF ANDERSON AND HASTINGS CONSULTANTS INC. 12596 WEST BAYAUD AVENUE, SUITE 350 LAKEWOOD, CO. 80228 (303)433 -8486 ILLUSTRATION FOR EXHIBIT Q s 297606 47s 00 0153 "W .44' BILLBOARD 2976 S 60 4337 E 10.00' 3 NORTH R /GNr OF WAY LINE W 447H A K NORTH 0 A7 JO lf£Sr 447H AW.. SiCALd� 1" = 20' O PROPERTY CORNER: FOUND YELLOW PLASTIC ®UTILITY EASEMENT CAP LS 14112 S 14 41'15' £ 78590' (BAMS 6F BEARINGS) nWS /CLUSIRAnON DOES NOT REPRESENT A MONUMENIEO SURWY. ays LI C MR. SET.^. 20 r.3 S, lT is MTENDED OYGY ro DiRcr THE ATTACHED O£SCMPnLW. 4647 L£YDEN ST R. 69 W. 67H PM.. DENVER, CO 60212 ANDERSON AND HASTINGS CONSULTANTS, INC. 10 UTILITY EASEMENT LOCATED IN THE SE 1/4 OF NW 1/4 OF LSA"OV.1 I WALE I SEC 20 T3S, R69W, 6TH P.M. MISS t' - 26' 1 999 -9999 CI IT OF WHEA MIDGE, COUNP xmen DAM STATE OF COLORADO. BEING A A'H 10 -0e -2009 2 OF 2 RECOREDED AT RECEPTIOP EXHIBIT E SHEET 1 OF 2 VISIBILITY EASEMENT A VISIBILITY EASEMENT LOCATED WITHIN A TRACT OF LAND RECORDED IN THE OFFICES OF THE JEFFERSON COUNTY CLERK AND RECORDER AT RECEPTION NO. F2176077, SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT OF LAND WHICH SAID CENTER OF SECTION 20 BEARS S 14 0 41'15" E A DISTANCE OF 788.90 FEET WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE N 00 0 01'53" W A DISTANCE ALONG THE EAST PROPERTY LINE ALONG SAID TRACT A DISTANCE OF 73.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 00 0 01'53" W A DISTANCE OF 113.45 FEET; THENCE S 64 0 20'30" W ALONG SAID TRACT A DISTANCE OF 158.17 FEET; THENCE S 60 0 59'32" W ALONG SAID TRACT A DISTANCE OF 236.20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE N 77 0 57'30" E A DISTANCE OF 357.06 FEET TO THE POINT OF BEGINNING; CONTAINING 0.460 ACRES (20,0043 SQUARE FEET) MORE OR LESS. James V. Hastings, PLS 22917 FOR AND ON BEHALF OF ANDERSON AND HASTINGS CONSULTANTS INC. 12596 WEST BAYAUD AVENUE, SUITE 350 LAKEWOOD, CO. 80228 (303)433 -8486 ILLUSTRATION FOR EXHIBIT E POINT OF PO /NT OF BEGINING COMMENCEMENT C. Co" SEC. 20 T.3 S., N OOt91 E '53' 113.45' N OOVfW5 E R. 69 W. 73.45 6TH P.M. BILLBOARD S 14'4115 E NORTH 796190' RIGHT OF (BASIS OF WAY LINE W BEARINGS) 3 0 447H AW.. N � � S Q SA n _ 3�OC. Z y t v F ti aN M j 11 �Oa[1 2 � 0 O PROPERTY CORNER: VISIBILITY EASEMENT FOUND YELLOW PLASTI CAP LS 14112 PREPAR£O FOR.- THIS III US7RAMW p0.S NOT RCPRESENT A MONUMENTEO SURWY C65 OU DOAY /T !S w7ENDE0 OM r TO DEPICT ME ATTACHED DESLIM/PDON. 4647 LEMEN ST. 0£NW R,, CO 80212 ANDERSON AND HASTINGS CONSULTANTS INC. VISIBILITY EASEMENT LOCATED IN THE SE 1/4 OF NW 1/4 OF SEC 20 T3S, R69W, 6TH P.M. DRAF r. scu[: 09 MBB t = 20' 999 -9999 CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING A PART OF A TRACT AH to -oa -zoos 2 0F 2 RECOREDED AT RECEPTION N0. 2176077 4' r � / 1 City Of l Wheatl�dge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29"' Avenue • Wheat Ridge, CO 80033 • Phone (303) 235 -2846 (Please print or type all information) Applic � (� Iti 1 5 Address (S 1-70 Noti J• �a� >� Phon 3 /y y/ q 4 Cit � ,'d E State Zip ®fJ�7, Fax_4�31 Owner (LSDS WL4q "A-Ve, LLC Address I�Z505 W. H L4" Av e, Pho City Wl2 State VM N Zip 09'0 3°J Fax Contact 5oLrOt ova LkiQll UlOA Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Application submitted requirements on reverse side 0 Change of zone or zone conditions Cl Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat Cl Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment 73 Concept Plan approval 2'Variance/Waiver (from Section ) O Planned Building Group 0 Right of Way Vacation O Other: Detailed description of request: Se: f 6, k -�o--- kLyr ".A."r o, Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: 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 who e requested action cannot lawfully complished. Applicants other than owners must sub bl ey m the owne Zh a ed of this action on his behalf. Signat a'AhF �/ n ed and sworn to me this day of 20 N A'. O U6L% 9 �� ® Notary Public My conunission expires (95 6z C I To be filled out by staff: (� � X7- Date received d o3111 Fee$ Receipt No. C W(6 r) ��'/ Case No. Comp Plan Desig. Zoning G' Quarter Section Map /V V A - D _ Related Case No. Pre -App Mtg. Dnte° %[ /✓ Case Manager /6LOlCa�k�. Lauren Milulak Wheat Ridge Planner I Imikulak@ci.wheatridge.co.us Lauren; MusclMasster L.L.C. dba The Green Herb has been in business for over 20 years. Most of that time we have been in the City of Wheat Ridge. We are a natural wellness center, that manufactures our own supplements under the Green Herb brand. We have on our staff a chiropractor, acupuncturist, massage therapist, herbal and nutritional counseling, and muscle acti- vation therapist. We have the best guarantee in the supplement business. Your money back, no questions asked, no time limit. Our guarantee is our best selling point. Since we are growing every year for the past 5 years, even in these economic times, we need to have more space to carry on our retail, professional and manufacturing business. We are currently leasing 5000 sq.ft. from Lee Kunz in the Six Oaks complex. We are considering a location at 12505 West 44th Ave. The lot is triangular in shape, thus requiring some flexibility in the suggested setback from 44th Ave. I would like to build a steel building of about 7500 sq. ft., with a partial brick/rock front facing 44th. The small house on the front of the lot will have to be removed. There is a tall sign in the middle of the lot which will have to be moved to the West. About 2/3 of the building will be for retail and professional use and the remainder will be for manufacturing nutritional supplements. The contractor that I will be using is Mike Lowe. I understand he has somewhat of a relationship with the Wheat Ridge Planning Department. Thank you for your consideration. Tom Phillips The Green Herb 11465 I -70 Frontage Road North Wheat Ridge, CO 80033 303.421.9900 www.thegreenherb.com email - tom@thegreenherb.com Variance Requests Because of the triangular shape of the lot at 12505 West 44th Ave and the large sign on the east side of the lot and its easements, these greatly restrict the commercial use of the lot. The lot I am buying needs to be contingent on the variances I am requesting. The reason I am very interested in this lot with all of its restrictions is simply the location to I -70 and the possibility of taking advantage of the traffic on I -70. If the variances cannot be granted there is no way The Green Herb or any other company, other than another RV company or a used car lot can build on this lot. Thank you for your time and consideration for these variance requests. Tom Phillips MusclMasster L.L.C. dba The Green Herb 11465 I -70 Frontage Road North Wheat Ridge, CO 80033 303.421.9900 thegreenherb.com Variance Request - The Sign in the middle of the lot to be moved to the West corner of the lot and placed on the lot line on the south side of the lot (the 44th Ave. side ). It should be noted that the lot line is about 25 feet from the curb of 44th Ave., so the sign will still be set back almost 30 feet from 44th Ave. Reason for the request: You can see that the vision easement takes up most of the area on the west side and it would not be possible for the traffic on I -70 to read a LED sign. Criteria for Variance: A. The property would not yield a reasonable return in use, service or income if permitted to be used only un- der the conditions allowed by regulation for the district in which it is located because of the shape of the lot and the easements currently on the lot. B. The variance would not alter the essential character of the locality. C. MusclMasster L.L.C. is proposing a substantial investment in the property, which would not be possible without the variance. D. The physical shape and easements of the property results in a particular and unique hardship on the com- pany. E. The Unique hardship was caused by the previous owner. F. Granting the variance would not be detrimental to the public, other property or the neighborhood. G. The unusual circumstances and conditions necessitating the variance ARE unique to the property. 1648M. I. The application is in substantial compliance with the standards set forth in the Architectural and Site Design Manual with the exceptions on this variance request and the other variances requested. _ 9 � m 4� !, 1 E i f e C f Z� �N T� O ACf & MMNTMMQ N \ I OC F, i \ (� �R m � 8 @ N i a t , t Lr � W n ! i -- T. a C. N 2WB�00906 2� n y/' L --- -------------------- C f _ - - - - -- AUJAC_NT BLDG. J c rs s f ( Cx !, 1 E i f e C f Z� �N T� O ACf & MMNTMMQ N \ I OC F, i \ (� �R m � 8 @ N i a t , t Lr � W n ! i -- T. a C. N 2WB�00906 2� n y/' L --- -------------------- C f _ - - - - -- AUJAC_NT BLDG. J ®� � a� z �, m� i � � m m �, m� i Lauren Mikulak From: Tom Phillips [tom @thegreenherb.com] Sent: Monday, August 29, 2011 5:01 PM To: Lauren Mikulak Subject: Re: 12505 W. 44th Avenue Lauren; Here is the request for a variance in the location of the proposed building. Variance Request - The building set back to the back of the lot (10 feet from the back) to allow for better parking and expansion. Reason for the request: You can see that the access easement to the sign takes up a large portion of the east side of the lot cutting down the area to build and eliminates the possibility of further expansion. Criteria for Variance: A. The property would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located (within 20 feet of the front of the lot) because of the shape of the lot and the easements currently on the lot. B. The variance would not alter the essential character of the locality. C. MusclMasster L.L.C. is proposing a substantial investment in the property, which would not be possible without the variance. D. The physical shape and easements of the property results in a particular and unique hardship on the company. E. The Unique hardship was caused by the previous owner. F. Granting the variance would not be detrimental to the public, other property or the neighborhood. G. The unusual circumstances and conditions necessitating the variance ARE unique to the property. H. By allowing the variance, we will be able to place handicapped parking in front of the doors and not across the parking lot. I. The application is in substantial compliance with the standards set forth in the Architectural and Site Design Manual with the exceptions on this variance request and the other variances requested. On Thu, Aug 25, 2011 at 11:13 AM, Lauren Mikulak < lmikulak cuci.wheatridge.co.us wrote: Tom, 09/01/2011 I have contacted the Public Works department and requested that they contact you. I do not know their schedules, but I know they are intended for the Director to Public Works to be in touch. Regarding the variance requests, I want to make sure that you understand you are welcome to apply for the variances to sign setback and building location, but please know that variances are never guaranteed. I cannot speak for the Board and we are unable to guess at how they might decide. I have not had the chance to do an analysis of the criteria against your requests. I suspect that we may support a variance to sign setback because of the visual easement, but we will need to see the site plan to support that request. If you still plan to request a variance to the building setback (to put the structure at the rear of the property) it will be decided by the board. Staff cannot recommend approval of a variance request that doesn't meet a majority of the criteria. Again, we have not analyzed this request yet, but I we may not be able to request a variance from the build -to line. As always, please feel free to be in touch if you want to further discuss this. Again, I have given the Public Works Department your contact information, and they will be in touch with you. Be well, Lauren E. Mikulak Planner I 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2845 Fax: 303 - 234 -2845 www.ci.wheatridge.co.us City I7( W he at e {D,vtmuN rYDEvbtorkA[Nr 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 ate 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 09/01/2011 Variance Request - Instead of tearing out the sidewalk and planting trees next to the road and rebuilding the sidewalk six feet from the road. Reason for the request: There is 249.20 feet of frontage on the lot and 44th Ave. There is 25 feet from the lot line and 44th Ave. If we construct a six foot tree line next to 44th Ave. and a six foot sidewalk next to the tree line, there is still 13 feet of area until our lot is reached. It will be a more beautiful frontage if I can leave the sidewalk and make 19 feet of beautiful trees, shrubs, grass, and ground cover. (I do not plan to zero scape - I hate it.) The sidewalk now ends at the end of my property. I call it the sidewalk to nowhere. Criteria for Variance: A. N/A B. The variance would not alter the essential character of the locality. C. MusclMasster L.L.C. is proposing a substantial investment in the property. The money that would be saved by leaving the sidewalk will be used to beautify the area with trees, shrubs, grass, and ground cover. D. The physical shape and easements of the property results in a particular and unique hardship on the com- pany. E. The Unique hardship was caused by the previous owner. F. Granting the variance would not be detrimental to the public, other property or the neighborhood. G. The unusual circumstances and conditions necessitating the variance ARE unique to the property. See the 25 feet from 44th Ave. H. N/A I. The application is in substantial compliance with the standards set forth in the Architectural and Site Design Manual with the exceptions on this variance request and the other variances requested. �k Variance Request - Request that steel siding be used on the north and the east side of the building since both sides are out of public view. Reason for the request: The cost of steel siding is much less than the siding being used on the south and west side. Criteria for Variance: A. N/A B. The variance would not alter the essential character of the locality. C. MusclMasster L.L.C. is proposing a substantial investment in the property. We need to be as frugal as pos- sible to insure the most beautiful setting for The Green Herb. D. N/A E. N/A F. Granting the variance would not be detrimental to the public, other property or the neighborhood. G. N/A H. N/A I. The application is in substantial compliance with the standards set forth in the Architectural and Site Design Manual with the exceptions on this variance request and the other variances requested. r (Name) i J Title) of 12505 W 44 Avenue, LLC give permission to Tom Phillips, member /owner of Muscl - Masster, LLC to pursue a Variance & Land Use adjustment. Company: Muscl- Masster, B 'T ommy L. Ph Date 3 ate( Acknowledged & Agreed Co • B Owner /Member Date: F� 3l /// 11465 170 Frontage Rd N - Wheat Ridge - 80033 303.421.9900 or 888.765.HERB N n Z a1 13 L �.: a�.n PROPOSED NEW BUILDING FOR THE ERB WHEAT RIDGE, CO *0 O• EXISTING TREES TYPICAL / p �. \ :Slow / /. Ni op EXISTING LOT LINE TO BE REMOVED TREES LANDSCAPED 349.20' l i ft ....... -. LANDSCAPED ' �• MAINTENANCE & — — — f _ ACCESS EASEMENT .. (DOTTED DARK) I...- EXISTINI - .... - TYPICAL DRIVEWAY W 44TH STREET NORTH CONCEPTUAL SITE PLAN 1- =20' rnerAK=U eT DONELSON ARCHITECTURE 1211 CHEYENNE STREET, GOLDEN, CO 80401 303.278-9540 INFO@DONELSONARCHITECTURE.COM 29 AUGUST 2011 CITY OF WHEAT RIDGE { MUSCL- MASSTER LLC RECEIPT NO.CDB886608 AMOUNT FMSD ZONING APPLICATION F 388.88 ZONE FMSD ZONING REIMBURSEMENT 180.88 ZREIM PAYMENT RECEIVED AMOUNT CK 1572 480.88 TOTAL City of LAND "� Wheat��e USE APPLICATION FORM �� _ (; [�lq biUN 111 t�FVFIOP:b1 F,LT �' Case No Al W112 I Date Received IF 8/31/2011 Related Cases ! Case Planner Mkulak _ p Case Description 0 ft. setback for a sign and variance to build to line Name Tom Phillips I Name Phone 303 421 -9900 Address 11 1465W .1-7 0 F.R.N. City W heat Ridge State CO Zip _ Name rimoDSW.44thAve- ! Name L Phone - _ - ___ -_ -_ -- Address .1 2505 W. 44th Ave, j City Wheat Ridge -- I State [CO ! Zip [6063 �; CowfactJrdwsvafiavr j Name ITomP ps Name - J Phone ! _� Address 01465 W. 1 70 F R N. city `Wheat Ridge - -� State n - 'I Zip !80 Y ProjecJJidermafmr� ? Address 112505 Street W a s t 4 4 th A vene ! City Rhe tRide I State .CO Zip BD033 v' _. Location Description j Project Name L a Parcel No. 1 1 Qtr Section NW20 District No.. IU v Reviews g Pre -App Date F 811 1 12 Mill Neighborhood Meeting Date I_ App No: APP1121 vJ Review Type Review Body Review Date Disposition Comments Report ^' i Public Hearin v BOA v 9/22/2011 r v ❑ = L - -- �� - I - �- - - -- L -- - -- - - - -- -- - -- -� El f -- CITY OF WHEAT RIDGE { CITY OF WHEAT RIDGE 89!81/11 10.87 AM cdbb MUSCL- MASSTER LLC RECEIPT NO.CDB886608 AMOUNT FMSD ZONING APPLICATION F 388.88 ZONE FMSD ZONING REIMBURSEMENT 180.88 ZREIM PAYMENT RECEIVED AMOUNT CK 1572 480.88 TOTAL 480.88 City of Wheatl" - COMMUNITY DEVELOPMENT g Memorandum TO: Case File APP -11 -21 FROM: Lauren Mikulak, Plainer I DATE: August 26, 2011 SUBJECT: 12505 W. 44 Avenue — Record of Communication This memo provides a record of communication between the City and land use applicant Tom Phillips, owner of The Green Herb. Thursday, August 11, 2011 A pre - application meeting was held regarding the redevelopment of the property at 12505 W. 44 Avenue. The applicant attended the meeting with Mike Lowe, a contractor with Arvada Remodel and Roofing, LLC. No site plan was provided before the meeting, as the applicant first wanted to understand the City's site design requirements. See the pre -app summary for a record of the items discussed. Staff asked the applicant to research the easements associated with the existing billboard. Tuesday, August 16, 2011 I sent the pre -app summary to Mr. Phillips. Included with the meeting notes was an informational handout on the site plan review process, and an electronic version of PW comments and the site drainage requirements that had both been distributed at the meeting. Friday, August 19, 2011 Mr. Phillips called to request a meeting. He confirmed he had received the pre -app summary, but was having issues with the site plan. Meeting scheduled for Monday, August 22. Monday, August 22, 2011 I met with Mr. Phillips for about an hour. He provided information regarding the easements associated with the billboard. A visual easement covers the back portion of the property within which no structures or signs may be above a certain height. An access and maintenance easement is located on the eastern side of the site. No structures may be located in this area, but it may be used for parking. Mr. Phillips expressed concerns with several issues: Instead of locating the structure within the 0 -20' build -to line, he would like to put the building at the rear of the lot. I explained that this request would likely require a variance before the Board of Adjustment and a demonstration that no alternative is feasible. The variance process had not been discussed at the pre- application meeting as Mr. Phillips had expressed that he wanted to avoid variance requests. In addition, if the building is at the rear of the property, it would likely cross an interior lot line. I explained this could require platting process. In particular, the zoning and building code do not allow a structure to cross a lot line, so the lots would have to be consolidated. This would require hiring an engineer. I explained there is a cost involved and I would have to confirm with staff if this would qualify for administrative review. Mr. Phillips expressed that he wants to put a freestanding 50 -foot sign in the southwest corner of the property. A sign of this height has a minimum 30 -foot setback from the property line. Mr. Phillips' preferred location for the sign would likely require a variance as well. I gave Mr. Phillips information on the variance process and the criteria that are used. I also gave him the variance schedule that identifies BOA hearing dates and demonstrates how long the process takes. Reduced copies of two surveys were provided by Mr. Phillips for the pre -app file. The entire survey plat was not available. Based on these surveys, it appears the right -of -way line on the City's GIS database is not in the correct location. Mr. Phillips was advised to defer to the survey information to determine property lines. Property owners are responsible for locating property lines, and the GIS aerial should only be relied on for locating lot lines. All setback and build -to measurements should be based on the survey data which is considered to be more accurate. I said I would confirm this because it could impact the setback measurement for the freestanding sign. 4. Mr. Philli s asked for relief from the streetscape requirements. Because the property is on W. 44` Avenue and the proposal is a complete scrape and redevelopment, the Streetscape Design Manual applies. Mr. Phillips asked if he could pay later or not construct the improvements at all. I explained that the expectation is the improvements are either constructed at the time of development or funds are escrowed at the time of development. If the improvements are constructed, the applicant must use a builder who is registered through the PW Department with a Municipal Contractor's License. I said 1 would confirm the extent of the streetscape requirements. In the course of this conversation, I acknowledged that there are several constraints on the property that make redevelopment difficult —the triangle shape of the lot, the numerous easements, and the size of the building that Mr. Phillips wants (about 6 times larger than the existing structure). I explained that to move forward with a variance, a professional site plan would need to be submitted, but if he wants to consider development of other properties in the area, I would be happy to put him in touch with Steve Art. Meredith and I showed him an aerial of the RV America property at 44` and Tabor that is for sale. I explained that any property within '/ mile of the interstate can have a 50 -foot sign, but he believes the sign would not be readable from any other property. He wants the sign because currently he has minimal walk -in business, and he believes the tall sign would significantly increase his walk -ins. Mr. Phillips expressed that if he can't get this site (12505 W. 44t) to work, then he might leave Wheat Ridge. I said I discuss his concerns with the development staff at the next micro dev meeting (August 24) and call on the following day. Tuesday, August 23, 2011 I drafted a concept site plan and sent it to Mr. Phillips. It illustrated a site plan that would meet the City's requirements, avoid variance processes, and respect the presence of easements. I stated it would need to be further developed by a professional, but gave him an idea of how to meet the requirements. In response, Mr. Phillips emailed, "Thank you for your idea. Lets wait and see." Wednesday, August 24, 2011 Staff discussed the property at micro dev. I relayed my conversation with Mr. Phillips from August 22. The following information was confirmed: - A consolidation would be required if the building crosses the lot line. - The ROW line in GIS may be incorrect; the surveys should be relied upon for determining the location of the front property line. - The Streetscape Design Manual does not include a waiver from streetscape requirements. The intent is to incrementally improve primary commercial corridors as development occurs. The only options provided are to install improvements at the time of development or to escrow funds at the time of development. This decision of timing falls to the PW Director and is based not on the current condition of the sidewalk /streetscape but is based on the surrounding improvements. Mark stated that given the size of the frontage, we would likely request that the applicant construct improvements now. He would talk to Tim. - A professional site plan will be required for any variance request. Staff may not support a variance from the build -to line unless it can be demonstrated that the build -to creates a hardship. Thursday, August 25, 2011 (Morning) I called Mr. Phillips to relay the information that had been discussed at the microdev meeting. He had more questions regarding the streetscape requirements. I explained that there is no waiver from these requirements; they apply to any new development on our primary commercial corridors, such as W. 44th Ave. I explained that the City is trying to incrementally improve the corridor as new development occurs. He believes that the sidewalk in front of the property is "the sidewalk to nowhere," and I suggested that conversely, his property would provide the first impression of the corridor as someone approaches eastbound. Mr. Phillips is committed to the property because of its proximity to the interstate and option for a 50 -foot sign; he requested to speak with the Public Works Department. After our phone conversation, I forwarded Mr. Phillips contact information to Mark. Mark will talk to Tim and someone will get back to him. (Afternoon) I received a phone call from architect Mark Donelson. Mr. Donelson has been recently hired by Mr. Phillips to develop a site plan. He was calling to clarify some of the information that Mr. Phillips had provided. In particular, he was wondering about the location of the front property line and right -of -way line. I explained they are one in the same and the survey should be relied upon to identify the location of that line. Mr. Donelson asked about use of the excess space between the edge of the streetscape improvements and the property line. I explained that the area may be used for landscaping and possibly for parking if the applicant requested a right -of- way use pen There is precedence for this elsewhere in the City. I answered Mr. Donelson's questions regarding build -to lines, parking, and landscaping. I explained the pre -app process that Mr. Phillips had gone through. Mr. Donelson felt there was a conflict between the requirements I had told him on the phone, and the requests that Mr. Phillips had made. I explained the conflicting information is because Mr. Phillips has recently expressed an interest in getting variances from our site requirements. I told Mr. Donelson that I had sent a concept plan that showed how to meet our requirements, but had not received a reaction to the plan. At Mr. Donelson's request, I sent the pre -app minutes and concept plan I had drawn. I expressed that the ideal site plan would avoid variances and platting where possible. A sign variance could likely get staff support. In response to one of Mr. Donelson's ideas I expressed that a variance to the rear setback could likely get staff report if the structure met the build -to. If a consolidation plat was necessary it would likely be administrative, but would still entail cost to the applicant. Mr. Phillips has expressed that as a small business owner he is on a tight budget. Staff is glad to see that he has started to work with a professional architect, but have concerns that he might not have experience with a development project of this scale. This project could potentially include a platting process, variances, streetscape installments, drainage improvements, and site plan review. These processes and requirements come at a significant cost not only because of the City's review fees but also because of the need to hire various professionals. Staff also has concerns that he is dedicated to this site solely because of the 50 -foot freestanding sign. I will talk to Steve Art; what if the applicant goes through the expense and time of this development process and the sign does not create the desired effect? Monday, August 29, 2011 Mr. Phillips left a voice message stating that he had a complete variance application that he wanted to deliver. I called to confirm he had a complete application, but he was unavailable. Mr. Phillips arrived in the office shortly thereafter with an incomplete application that included a site plan, narrative, and response to criteria for three variance requests: - a freestanding sign with a 0 -foot setback - a waiver from the streetscape requirements - an allowance for steel siding on the north and east side of the buildings. I informed Mr. Phillips that he cannot request a variance from the streetscape requirements; the BOA does not have jurisdiction over this. I will have to check on the variance for a metal building. In addition, I informed Mr. Phillips (and sent an email for written follow -up) that the following items were missing: - the fee - notarized land use application - proof of ownership /letter from the property owner authorizing a land use action on the property - criteria response for the variance request from the build -to requirement. In addition, the site plan did not indicate the freestanding sign in a location that corresponds with the 0 -foot setback request. I informed Mr. Phillips that the submittals represented an incomplete application. At the least, more information about the sign would be needed including height, size, and location; this is usually provided as a site plan and elevations. Mr. Phillips said he had not yet contacted a sign contractor. Based on the BOA standard schedule, today (Monday, August 29 was the deadline for an application submittal to be on the agenda for the September 22 BOA meeting. The deadline to publish for this meeting is Friday, September 2" d . I informed Mr. Phillips that we typically require a complete application by the deadline and I would need to talk with Meredith to see if there is any flexibility in the submittal deadline. I suggested that the worst case is the variance would be heard at the October meeting if we do not receive a complete application; Mr. Phillips stated a delay to October is not an option. Wednesday, August 31, 2011 Meeting held with Tom Phillips, Meredith, Sarah, Steve Art, and myself to confirm all the requirements and obstacles associated with site development. The September BOA public hearing will be published, and Mr. Phillips will have until next week to submit additional supporting documents. The maximum size for a freestanding sign must confonn to the formula in the sign code and can be just over 100 square feet. Tuesday, September 6, 2011 Tom Phillips called to withdraw his variance application and development plans. Negotiations with the property owner have come to a standstill. Thursday, September 8, 2011 Deadline for posting for the September BOA hearing. I called to confirm that he is still withdrawing the application. Officially withdrawn. City of ? COMMUNiTy Wheat idge DEVELOPMENT Wheat Ridge Community Development Department PRE- APPLICATION MEETING SUMMARY Meeting Date: Applicant: Attending Staff: Specific Site Location: Existing Zoning: Existing Comp. Plan: August 11, 2011 Tom Phillips, The Green Herb Sarah Showalter, Planner II Lauren Mikulak, Planner I Dave Brossman, Development Review Engineer 12505 W. 44` Avenue Commercial -One (C -1) Mixed Use Commercial Existing Site Conditions: The site is located at 12505 W. 44' Avenue, in the northwest corner of the City of Wheat Ridge. The property is zoned Commercial -One (C -1) and is surrounded by a variety of land uses. To the east is a sales lot for utility trailers also zoned C -1. Across 44 °i Avenue to the south are residential properties zoned Agricultural -Two (A -2) and a commercial property zoned R -C. Interstate -70 is immediately north and west of the property; the interstate area is CDOT right -of -way and is zoned A -1. The subject property is 33,535 square feet (0.77 acres) in size and includes a two -story structure, the main floor of which is approximately 1,152 square feet. The structure was originally build in 1907 and appears residential in architecture, but was updated to serve commercial purposes as recently as ten years ago. The building sits in the middle of the site along the 44' Avenue frontage. A 40 -foot tall freestanding sign is located in the middle of the property. A pole- mounted billboard sign exists on the east side of the site. The remainder of the site is almost entirely paved and is striped for RV parking. A drainage feature is located in the northeast corner of the property. Two curb cuts are located along the front property line. The most significant feature of the subject property is its irregular shape. The shape of the parcel is a scalene right triangle. The front (southern) property line is about 340 feet, the eastern property line is about 180 feet, and the northern property line is nearly 400 feet and runs parallel to Interstate -70. Applicant /Owner Preliminary Proposal: The applicant, Tom Phillips, is proposing to redevelop the property for the purpose of relocating his business, The Green Herb. The business is currently located in the Wheat Ridge Industrial Park PID on Based on data from the Jefferson County Assessor. the North I -70 Frontage Road between Robb and Tabor Streets. The Green Herb is a wellness center, providing chiropractic services, acupuncture, massage therapy, herbal and nutritional counseling, and muscle activation therapy. In addition, the applicant is proposing a retail component to sell nutritional supplements that are made on -site. On the subject property, the applicant is proposing to remove the existing building and construct a 7,500- square foot building. The retail space and professional offices would utilize one -half to two - thirds of the area of the building. The remainder of the space would be used to produce nutritional supplements. A site plan has not yet been developed, although the building is proposed to be located on the eastern portion of the property. The applicant intends to provide a more detailed site plan after consulting with staff through the pre - application process. Will a neighborhood meeting need to be held prior to application submittal? No, a neighborhood meeting is not required for this redevelopment proposal. Planning comments: The following items were discussed based on the applicant's proposed development: Zoning The site is zoned Commercial -One (C -1), a zone district that provides for a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The Green Herb is a permitted business in the C -1 zone district. A site plan review will be necessary before acquiring a building permit; the site plan approval process is described below. Architectural and Site Design Manual The subject property is located in the contemporary architecture overlay zone. This means that the development is required to conform to the design standards established in the City's Architectural and Site Design Manual (ASDM). Please consider the following requirements based on the ASDM: • The primary building must located within 20 feet of the front property line. This area is called the "build -to area," and 40% of the lot width on the street frontage must by occupied by buildings in the build -to area. (For example, if a lot is 100 feet wide, at least 40 feet of building fagade must be located in the 0- to 20 -foot build to area.) • All building facades facing a street or public space should be of finished architectural quality. • If a building fagade facing a public street is 50 feet long, there should be at least one change in plane depth. This can include a recessed entry, upper level step -back, dormer, columns, cornice, cave, et etcetera. • All building facades should have at least one change in material for every 10 feet of vertical wall height. The change in material must be at least 2 feet in height. • Buildings should be constructed of durable materials, such as brick, stone, integral colored textured concrete block, stucco, synthetic stone and masonry materials. Corrugated metal panels, plywood paneling, unarticulated large format concrete panels, exposed raw concrete and vinyl siding are not allowed. Architectural metal and smooth faced concrete masonry units (CMU) may be used as an accent but should not constitute more than 20% of any fagade. • The transparency of ground floor facades facing the street should be at least 60% and no more than 85 %. Please refer to the commercial standards in the Architectural and Site Design Manual for more infonnation and a complete list of design standards. The document is available for download from the City's website: http:// www .ci.wheatridae.co.us /index.aspx ?NID =431 Streetscape Design Manual In order to promote high - quality, multi -modal streets throughout Wheat Ridge, the Streetscape Design Manual establishes design standards for the City's commercial corridors. New development along collector and arterial streets requires installation of Streetscape improvements. About 15 feet of right -of -way exists between the front property line of the subject parcel and the edge of pavement of W. 44` Avenue. This right -of -way area is large enough to accommodate the required streetscape improvements, so no right -of -way dedication is needed. The applicant will need to remove the existing attached sidewalk and install a 6 -foot tree lawn adjacent to the street, then a 6 -foot sidewalk on the north side of the tree lawn. A standard bus stop bench will be required to replace the existing advertising bench at the RTD stop near the southeast corner of the property. The Streetscape Design Manual includes additional information regarding procedure, and specifically discusses improvements for W. 44` Avenue beginning on page 15. The entire document is available for download from the City's website: http:// www .ci.wlaeatridgc.co.us /index.aspx ?NID =431 Landscaping Section 26 -502 of the zoning code addresses on -site landscaping. The following requirements apply for new nonresidential development: • At least 20% of the gross lot area must be landscaped. • One (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. • No more than 30% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. The Streetscape Design Manual includes a list of plants, trees, and turf that are well- suited to the Front Range climate. Please note that the tree lawn between the street and sidewalk does not count toward landscaping requirements, but drainage and detention facilities on -site may be counted toward the 20% minimum requirement. Parking Per section 26 -501 of the zoning code, the required amount of off - street parking is based on land use. The proposed business operation includes several distinct uses, so the parking requirement will be a combined calculation that is based on the square footage required for office /retail uses and the square footage required to produce the nutritional supplements. For the retail and office component, the off - street parking requirement is 1 space per 200 square feet of first floor area plus 1 space per 300 square feet for all other floors. For the production space, the off - street parking requirement is 1 space per 500 square feet. Bicycle parking should be provided at a rate of 5% of the required vehicular parking spaces, but not less than 2 spaces. Per section 26- 501.1), the Community Development Director may grant up to a 10% parking reduction based on proximity to an RTD bus stop. All areas that will be subject to wheeled traffic (for access or parking) must be surfaced with concrete, asphalt or pavers, and striping should designate parking stalls. Screening is required for parking areas located adjacent to the right -of -way. The screening can include plantings, beans, fencing, or walls and will need to be located between the sidewalk and parking area. If landscaping is used as screening, it can count toward the site's overall 20% landscape requirements. Signage The subject property is within '/ mile of Interstate -70, and therefore is permitted to have one freestanding sign up to 50 feet in height. Any sign over 15 feet in height must be located at least 30 feet away from the front property line, as measured from the property line to the leading edge of the sign. If the sign includes changeable copy, the time lapse between the change may be no less than 15 seconds. A separate building permit is required for signage. Please refer to section 26 -710 of the zoning code for information on other types of signs on commercial properties. The billboard that is currently located on the eastern side of the lot has been on the property since the 1980s. There may be an easement on the property related to the billboard, and no permanent structures may be constructed within any type of easement. The applicant is responsible for learning the details of the billboard's ownership status and any related easement information. 12430 W.44 1h Avenue An alternate location for development was proposed across the street at 12430 W. 44 °i Avenue. This parcel is zoned Agricultural -Two (A -2), so development of this property would require a zone change. The zone change process can take up to six months and requires a neighborhood meeting and two public hearings. Staff would likely support a zone change request to a mixed use zone district. The applicant would need to dedicate about 12'h feet of right -of -way on the eastern side of the parcel to widen Wright Street. The applicant would be responsible for the construction of this portion of Wright Street. The applicant has expressed a preference for 12505 W. 44` Avenue, so the development requirements associated with 12430 W. 44 °i Avenue were not further discussed. Process —Site Plan Review This request requires a site plan review to ensure compliance with all design standards. The site plan review is an administrative process. The first step began with the pre - application meeting on August 11. The next step in the process is to submit a complete application. Please see the attached Site Plan Review handout for a complete list of submittal requirements. NOTE. Optionally, the applicant may first submit a preliminary site plan to demonstrate that the subject property is large enough to accommodate all required improvements (eg landscaping and parking). If needed, the applicant may request a variance from some development standards, but approval of a variance request is not guaranteed and therefore should be requested early in the design process. Upon submittal of a complete site plan application, the submitted documents will be reviewed by the case manager. The staff planner will send the application to outside service agencies (Xcel Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic Development, etc.) for review. This referral period is 15 days long and allows time for agencies to comment on the application. 4 After all comments have been received, the case manager will forward those to the applicant. Comments will address any areas in which the proposed development does not meet zoning requirements, such as setback/build -to requirements, site design, building design, parking requirements, etc. Modifications to the application may be required as a result of these comments. The applicant must address all comments and resubmit the relevant documents and drawings to show that the proposed development meets the zoning requirements. Once all comments and requirements have been met, the case manager will refer the Site Plan application to the Community Development Director for final approval. A copy of the approved Site Plan will be kept on file at the Community Development Department. Approval of the Site Plan application does not mean that a building pen has been issued. Once site plan approval is attained, the applicant may submit a building permit application with the Building Division. Building Division comments: The Building Division was not present at the meeting, and has no comments at this time. Public Works comments: Public Works was present at the meeting and has the following comments: Access The applicant may only utilize one of the two existing curb cuts, but either curb cut may be utilized. Because W. 44 "' Avenue is an arterial roadway, the access point may be used only for right -in /right -out turning movements; left turns will not be permitted. Drainage For commercial redevelopment projects, site drainage requirements are based on the area of disturbance of existing impervious surface and /or the amount of impervious surface that is added. At a minimum the applicant will need to address water quality and provide a water detention area. Additional requirements will depend on the extent to which the impervious area is changed or disturbed. If 10,000 square feet of impervious area is either added or disturbed, the site drainage requirements increase substantially. For questions related to site drainage requirements, please refer to the information that distributed at the meeting or contact Dave Brossman, Development Review Engineer. Attachments: Site plan review; Site drainage requirements Phone Numbers Meredith Reckert — Senior Plaimer 303- 235 -2848 Sarah Showalter — Planner II 303- 235 -2849 Lauren Mikulak — Planner I 303 - 235 -2845 John Schumacher — Chief Building Official 303- 235 -2853 Dave Brossman — Development Review Engineer 303 - 235 -2864 City of ' Wheat I idge COMMUNITY DEVELOPMENT Memorandum TO: Micro Dev Staff FROM: Lauren Mikulak, Planner I DATE: August 2, 2011 SUBJECT: The Green Herb Pre - application Meeting (August 11) Site information -12505 W. 40' Avenue: • Zoned C -1 • Located in the ASDM Contemporary Overlay zone • Size z 33,000 sgft History -12505 W. 44` Avenue: • Former location of RV America • Most recent survey plat in 1999 (survey in pre -app folder, poor legibility) • Most recent commercial remodel in 2000 by RV America (site plans in pre -app folder) Drainage report was completed at this time Landscape escrow was collected in 2000 and appears to have been released in 2001 • WA -82 -08 Height variance granted to Gannet Outdoors by BOA for billboard on property Applicant information: The applicant is interested in purchasing the property to relocate his business (The Green Herb) from leased space on the Frontage Road. He has expressed that he wants to scrape the site and redevelop. The pre - application meeting is required for commercial development. The site plan submittal is minimal because the applicant and his contractor prefer to meet with staff prior to purchasing the property. They want to learn all site design and development requirements prior to beginning design work. The site at 12505 W. 44` is located in the Contemporary Overlay zone of the ASDM, which requires a 0' – 20' build -to line. This may work to the applicant's advantage given the shape of the property. He is aware of the build -to line, but has illustrated the building on the north side of the lot because of an interest in utilizing both existing curb cuts on 44` Avenue. The applicant has been made aware of the restriction on metal buildings, but has not proposed any material preferences at this time. NOTE: At the pre -app, we will also discuss the possibility of developing the property at 12430 W. 44` Avenue. The applicant has expressed interest in this parcel as well, but it is zoned Agriculture -2 (A -2). A zone change would need to occur — perhaps to a mixed use zone district. This site is more attractive because it is larger and has a more accommodating shape. The drawbacks will be the zone change and increased design standards associated with mixed use zoning. In addition, the site may not be hooked into public utilities. Lauren Milulak Wheat Ridge Planner I Imikulak@ci.wheatridge.co.us Lauren; MusclMasster L.L.C. dba The Green Herb has been in business for over 20 years. Most of that time we have been in the City of Wheat Ridge. We are a natural wellness center, that manufactures our own supplements under the Green Herb brand. We have on our staff a chiropractor, acupuncturist, massage therapist, herbal and nutritional counseling, and muscle acti- vation therapist. We have the best guarantee in the supplement business. Your money back, no questions asked, no time limit. Our guarantee is our best selling point. Since we are growing every year for the past 5 years, even in these economic times, we need to have more space to carry on our retail, professional and manufacturing business. We are currently leasing 5000 sq.ft. from Lee Kunz in the Six Oaks complex. We are considering a location at 12505 West 44th Ave. The lot is triangular in shape, thus requiring some flexibility in the suggested setback from 44th Ave. I would like to build a steel building of about 7500 sq. ft., with a partial brick/rock front facing 44th. The small house on the front of the lot will have to be removed. There is a tall sign in the middle of the lot which will have to be moved to the West. About 2/3 of the building will be for retail and professional use and the remainder will be for manufacturing nutritional supplements. The contractor that I will be using is Mike Lowe. I understand he has somewhat of a relationship with the Wheat Ridge Planning Department. Thank you for your consideration Tom Phillips The Green Herb 11465 I -70 Frontage Road North Wheat Ridge, CO 80033 303.421.9900 www.thegreenherb.com email - tom @thegreenherb.com ya PA 19 v MM it 1 0 yy 55 I T 1\ - r- / / A I- 3 ' F rSG W 1. O l, r 1 a{ S g a 3 0 !S t N ] } v 41 r 9 N S o JZ1 � P - A V 5 T-- o 0 CITY OF WHEAT RIDGE 08 /81/11 2;44 PM cdba MUSCL- MASSTER LLC RECEIPT NO:CDA886286 FMSD ZONING APPLICATION F ZONE PAYMENT RECEIVED CK 1519 TOTAL AMOUNT 288.88 AMOUNT 206.08 288.80