The URL can be used to link to this page

Home My WebLink About06/16/2011City of Wheat"idge PLANNING COMMISSION AGENDA June 16, 2011 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on June 16, 2011, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 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. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — May 19, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARINGS A. Case No. WZ- 11 -03 A city- initiated rezoning of the Wadsworth Corridor to Mixed Use Commercial (MU -C). B. Case No. MS- 11 -01 An application filed by BCS Community Credit Union for a 4- lot consolidation plat on property zoned Commercial -One (C -1), located at 4203 Wadsworth Boulevard. 8. OTHER ITEMS A. 38 Avenue Corridor Plan Update 9. ADJOURNMENT 4' City of l Wheat RdLye PLANNING COMMISSION Minutes of Meeting May 19, 2011 1. 2. 3. 4. 5. no CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:13 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam Dick Matthews Scott Ohm George Pond Commission Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE Marc Dietrick Tracy Guildner Steve Timms Sarah Showalter, Planner II Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner BRINKMAN and seconded by Commissioner OHM to approve the order of the agenda. The motion carried 5 -0. APPROVAL OF MINUTES — April 21, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner POND to approve the minutes of April 21, 2011 as presented. The motion carried 5 -0. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) No members of the public were present. Planning Commission Minutes 1 May 19, 2011 7. STUDY SESSION A. Accessory Structures in the Mixed Use Zone Districts Recent development proposals have revealed that the mixed use zone district has significant differences in regulations as they relate to primary and accessory structures. All other zone districts in Chapter 26 of the Code contain separate regulations for accessory structure. Staff is recommending a similar approach for the mixed use zone districts. Sarah Showalter presented the staff report and asked for feedback from Commissioners. Comments included: • If there is an alley it would be preferable to have the carport next to the alley. Otherwise, it would be preferable to have the carport close to the house. Remove 5' rear setback where adjacent to an alley. • Landscaping between an accessory structure and a fence would not be desirable. Landscaping would be more appropriate when there is no fence. • Articulation for accessory structures should be the same as for primary structures. • Size of accessory structures should be determined by a percentage (25% is recommended) of the ground floor area of the primary structure. It should be taken into account that some properties may have more than one primary structure. Consideration should be given to regulations for structures with solar panels. • Hoop houses should not be used for storage or vehicle parking. • Setback requirements for hoop houses do not need to be more strict than they are for other accessory structures. • Size limits for hoop houses make sense. 400 square foot proposed is reasonable. 8. OTHER MATTERS Commissioner OHM gave an update on the last meeting of the 38 Avenue Task Force. 9. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner BRINKMAN to adjourn the meeting at 8:43 p.m. The motion carried 5 -0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 2 May 19, 2011 > a City of CM W heatP dge MUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Sarah Showalter DATE OF MEETING: June 16, 2011 CASE NO. & NAME: WZ- 11- 03/Wadsworth Corridor City - Initiated Rezoning ACTION REQUESTED: A City- initiated rezoning to the Mixed Use - Commercial (MU -C) zone district for properties generally located on Wadsworth Boulevard between W. 35 and W. 45"' Avenues. LOCATION OF REQUEST: Wadsworth Boulevard between W. 35 and W. 45 Avenues APPROXIMATE AREA: 95.6 Acres PRESENT ZONING: Neighborhood Commercial (N -C), Restricted Commercial (R -C), Commercial One (C -1), Commercial Two (C -2), and Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Mixed Use Town Center/Primary Commercial Corridor ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map — please see page 2 Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 1 91 ■1■1■I■1■r ■ i R -C A 4 eT AV E R -3 R-3 i 'R CD i i i ■ 71 ■1 ■1 ■1 ■i ■It C -2 ■ G R -C T G i �MUAVO: C -1 W=FRi�- = _ Q R-C 43RD PL R -2 R3 C -1 R-C a -4 36TH-PL' 36TH AVE R3 � v �1 = C7 N-C Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 2 G _ W " CIR PCD PCQ R 45TH :AVE = �unl■uu1■1' H ~ dl � R -3 • 1- Z T ■ ■ W � a Q = } d auul■u1■I aisle '■wn a - � j N '■ 44TH AVE m idi v■ +■If +■If + ■+ ■If1■HU1■u1■,■1■+ r f ■ � r G _G 7111I ■1 ■1 ■1 ■IIL L LF MU -C ■ ■ R -3 T i B ■I ■I ■HI■Is- 42ND AVE ,' InI■In■IF ■ 016101510101■i R - C iui■1■1■IM111% rM Proposed ' P,:, L L W LE Rezoning 3 - .THREE ACRE _c -1 ■ Area 91 ■1■1■I■1■r ■ i R -C A 4 eT AV E R -3 R-3 i 'R CD i i i ■ 71 ■1 ■1 ■1 ■i ■It C -2 ■ G R -C T G i �MUAVO: C -1 W=FRi�- = _ Q R-C 43RD PL R -2 R3 C -1 R-C a -4 36TH-PL' 36TH AVE R3 � v �1 = C7 N-C Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 2 G _ W " CIR PCD PCQ All notification requirements have been met; therefore, there is jurisdiction to hear this case I. REQUEST On March 14, 2011 City Council adopted a resolution to initiate the rezoning of the properties located along the Wadsworth Corridor, roughly between W. 35 and W. 45 Avenues, to the Mixed Use - Commercial (MU -C) zone district (Exhibit 1, City Council Resolution). The proposed rezoning area includes multiple properties and is sized approximately 95.6 acres (Exhibit 2, Legal Description and Map). The proposed rezoning boundaries follow the same boundaries as the established urban renewal areas on Wadsworth. II. EXISTING CONDITIONS The property to be rezoned includes multiple parcels on or near Wadsworth Boulevard between W. 35 and W. 45 Avenues. All of the properties in the rezoning area fall within the Wadsworth Corridor and Times Square Urban Renewal Areas. The majority of the rezoning area includes commercial and retail uses however there are some properties that contain multifamily residential uses. Wadsworth is a state -owned highway and major commercial arterial that serves regional vehicular and bus traffic. Existing Zoning The majority of the rezoning area is zoned Commercial One (C -1). There is one small area zoned Commercial Two (C -2), one small area zoned Neighborhood Commercial (N -C), and a handful of parcels zoned Restricted Commercial (R -C). The rezoning area also includes three Planned Commercial Development (PCD) zoning designations. While there are a few properties that currently have residential uses, there are no properties with residential zoning in the rezoning area. Overall, the existing commercial zoning in the area allows for a wide range of commercial uses, especially in the C -1 district. The existing commercial zoning places considerable restrictions on residential development, including the following conditions: • No new residences as a primary or principal use shall be allowed • The amount of floor area devoted to commercial use must exceed the amount devoted to residential use • Residential use density shall not exceed one dwelling unit per 5,000 square feet (roughly 8.7 units per acre) - - In terms of building height, the current zoning limits commercial buildings to a maximum of 50 feet and any building with a residential use to a maximum of 35 feet. Any development under the current zoning would also be subject to the Architectural and Site Design Manual (ASDM). The ASDM contains site and building design standards that encourage quality architecture and pedestrian- friendly design. Surrounding Zoning and Land Uses The proposed rezoning area is surrounded by both commercial and residential zoning. The east and west boundaries of the rezoning area are generally bordered by residential uses in established residential neighborhoods. Toward the northern and southern ends of the rezoning area, existing land uses include commercial and residential uses. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 3 III. PROPOSED ZONING The City is proposing that the subject property be rezoned to Mixed Use - Commercial (MU -C), a zone district that allows a wide range of uses — including commercial, civic, and residential uses — and that encourages mixed use development. The proposed zoning is consistent with the City's adopted plans for the Wadsworth corridor. Comprehensive Plan and Subarea Plan Subarea Plan The proposed rezoning area is part of the Wadsworth Corridor Subarea Plan, which was adopted in 2007. This plan calls for the redevelopment of Wadsworth with mixed use medium- and high- density development. The proposed rezoning to the MU -C zone district will enable properties in the area to be redeveloped over time with higher - density, mixed use development. The proposed zoning coincides with the following goals stated in the Wadsworth Corridor Subarea Plan (page 4): • Encouragement of the development of the Wadsworth Corridor, especially between W. 44 Avenue and W. 38 Avenue, as a town center for Wheat Ridge — filling in both sides of Wadsworth Boulevard with a mix of commercial, office, and residential uses, convenient parking both on- street and behind the buildings, and broad sidewalks with benches, street plantings and areas for plaza and outdoor dining • In general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of uses and residents that will help support the businesses in the Corridor and bring life to this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea. Comprehensive Plan Envision Wheat Ridge, the Comprehensive Plan adopted in 2009, also promotes the vision for Wadsworth, generally between W. 44 and W. 38 Avenues, to become a mixed use town center. The Plan identifies the Wadsworth corridor as one of five priority redevelopment areas in the City and specifically recommends that the City, in collaboration with economic development partners, guide the development of a pedestrian - friendly, mixed use town center at this location. To achieve this goal, the Plan recommends two implementation steps that have already been completed: • Develop new mixed use zoning to assure high - quality mixed use development in priority redevelopment areas (City Council adopted new mixed use zoning, including the MU -C district, in September 2010). • Remove City Charter height and density limitations for priority redevelopment areas, including the proposed town center (Wheat Ridge voters approved an amendment to the City Charter in 2009 that removed certain parts of the City, including the Wadsworth Corridor between W. 38 Ave and W. 44 Ave, from the height and density restrictions) With these two important steps complete, the City would now like to apply the new mixed use zoning to the Wadsworth corridor. The new zoning will enable higher density, mixed use development and help to realize the goal of establishing a town center on Wadsworth. Mixed Use - Commercial (MU -C) District The MU -C zone district is intended for major commercial corridors and community activity centers. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 4 Allowed Uses The MU -C zone district allows a wide range of commercial, retail, civic, and residential uses. Unlike the commercial zoning that is prevalent on the Wadsworth corridor today, it does not contain restrictions that make residential development difficult to attain. While there are many land uses allowed under MU -C zoning, several higher- impact and auto - oriented uses are conditional uses, which require an additional administrative review by staff to ensure that the building and site design have as few negative impacts as possible. New drive - through uses also have separation requirements to ensure that they do not become a dominate use in one particular area. Building Height and Density The MU -C zone district does not contain a unit per acre limit on residential development. Instead, it regulates density through building height, setbacks, and open space requirements. Buildings are allowed up to a height of 4 stories. To incentivize mixed use development, buildings that contain a mix of land uses (such as office and retail, or retail and residential) may be as high as 6 stories. Open Space Requirements Under the MU -C zoning, 15% of the net development area must be open space for single -use development. Mixed -use development has a 10% open space requirement. At least 75% of all open space must be usable open space, such as parks and plazas. Residential Transitions In an effort to protect existing residential neighborhoods, the MU -C zone district contains specific requirements for new development that is adjacent to residential uses. Where any parking lot or drive - through abuts a lot that has a residential use, screening must be provided (including a 6 -foot tall wall/fence or hedge and a 6 -foot wide landscaped buffer). For any new building that is adjacent to a lot with a single- or two - family residential use that has residential or agricultural zoning, the following regulations apply: • A minimum 10 -foot wide landscape buffer for 1 -2 story buildings. The buffer must be 15 feet wide for a 3 story building, and 20 feet wide for buildings 4 stories or taller. • In addition to the landscaped buffer, buildings over 2 stories must step the upper floors back an additional 5 feet per story for the 3rd and 4 stories. • Any portion of a building within 100 feet of a residential use may not be taller than 4 stories (except where an arterial or collector street separates the new building from the residential use). Architectural Standards With the goal of ensuring high- quality development, the MU -C zone district contains architectural standards. The design standards include: • Requirements for fagade articulation and material variation. • A build -to requirement that places buildings close to the street, with parking at the side or in the rear.The build -to requirement in the MU -C district is flexible, allowing a 0 -20 foot build -to zone for 50% of the lot frontage, to enable a wide range of building types. • Transparency requirements at the ground floor to help create active and interesting ground floor facades. • Screening and placement requirements for drive - throughs. • Screening requirements for utilities and loading areas. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning Process Outreach to Property Owners Staff started outreach to property owners about a potential City- initiated rezoning in January 2010 at the Wadsworth Summit. At this time, the MU -C zoning was still being drafted and staff requested feedback from property owners on the content of the code, as well as whether they were in support of a city- initiated legislative rezoning. 67% of property owners who completed a survey said that they were strongly in favor of a legislative rezoning and 25% said that they were somewhat in favor. Based on this high level of interest, staff held a study session with City Council in the summer of 2010 to discuss proceeding with a legislative rezoning along Wadsworth once the new mixed use zoning was adopted. City Council directed staff to proceed with a potential rezoning, but to first conduct additional outreach to property owners, including another survey. City Council adopted the mixed use zoning in September of 2010. Two months later, staff held a meeting for all property owners in the target rezoning area on Wadsworth to share the newly adopted code and ask again whether there was support for a legislative rezoning. Staff also mailed a survey to every property owner in the rezoning area asking them to state support or opposition for the rezoning. Of the 56 surveys mailed, 13 were returned. Ten owners stated support and three owners indicated opposition. At a study session with City Council in February of 2011, City Council directed staff to move forward with the rezoning but to directly contact the three property owners who expressed opposition. Staff met with the two owners who live in Colorado to discuss their concerns. After meeting with staff, both owners are now in favor of the rezoning. The third owner who expressed opposition is out -of -state and owns the property at 7525 W. 44 Avenue, which is currently leased to a Pep Boys facility. Staff has spoken on the phone and exchanged letters with the owner's attorney. The main reason cited for opposition is existing easements and development restrictions that are recorded on the property and other adjacent properties. These easements /recorded restrictions do not directly relate to the existing zoning (C -1) and rezoning to MU- C would not change the easements. While it is true that the easements and restrictions would need to be removed in order for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on the land. Staff has exchanged letters with the owner's attorney and requested to speak directly with the owner via phone regarding their concerns, but thus far the owner has not responded beyond their attorney's letter. Most recently, staff mailed another letter to all property owners in the rezoning area to notify them that the rezoning is moving forward. The letter included the dates for the Planning Commission and City Council public hearing dates and informed owners that the public hearings were their final opportunity to comment on the proposed rezoning. Code - Required Process for Comprehensive City- Initiated Rezonings Section 26 -113 of the Wheat Ridge Zoning Code allows the City to initiate rezonings with our without consent of affected property owners. The first step in the process is for City Council to adopt a resolution that indicates the proposed area to be rezoned and states the intended purpose of the rezoning. This was completed on March 14, 2011. The next step is for the City to hold a neighborhood meeting, to which any property owner with 600 feet of the site is invited. The City held a neighborhood meeting on April 13, 2011 (Exhibit 3, Neighborhood Meeting Notes). Meeting attendees asked questions about how the new zoning might impact future development on Wadsworth. They also asked questions about the future of Wadsworth in general, including the potential for the street to be widened in the future. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 6 After the neighborhood meeting, the proposed rezoning must go to a public hearing before Planning Commission, who shall make a recommendation to City Council to approve, approve with modifications, or deny the rezoning proposal. The Commission's recommendation shall be based on the facts presented in the public hearing in consideration of the criteria for review specified in Section 26 -112D, and contained below under "Zone Change Criteria." Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal and shall vote to approve, approve with modifications, or reject the proposal. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26 -112D. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or Staff has not found any evidence that there is an error with the current zone districts as they appear on the city zoning map. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. The Wadsworth corridor has seen significant change over the past few decades. Traffic congestion, underutilized land, and blight along the corridor led the City Council and Urban Renewal Authority to adopt the Wadsworth Boulevard Corridor Redevelopment Plan in 2001. This plan, which coincides with the rezoning area, calls for the redevelopment of Wadsworth in order to remove blight, improve pedestrian safety, and provide economic benefits for the city as a whole. 3. The Planning Commission shall also find that the evidence supports the finding of at least four (4) of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Both plans call for higher density, mixed use development along Wadsworth Boulevard. More specifically, the Comprehensive Plan identifies the land between W. 38` and W. 44 Avenues as a quality, mixed use town center. The proposed MU -C zoning, which encourages mixed use development and contains design standards, directly fits with these goals. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning The proposed change of zone is compatible with the surrounding area, especially since Wadsworth Boulevard is a primary commercial corridor targeted for higher density commercial and mixed use development. Where there are existing residential neighborhoods adjacent to the rezoning area, required residential transitions in the MU -C code should help protect the character of these neighborhoods and ensure that there are minimal, if any, adverse impacts. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The proposed zone change should be a benefit to the community. The new zoning will enable mixed use redevelopment of an urban renewal area, bringing new uses that are likely to improve the character of the street, generate sales tax for the City, create housing to attract new residents, and provide a balanced mix of land uses. The new zoning also requires that any new development provide new open space, which will benefit the community. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Any new development under the proposed MU -C zoning will be required to complete a site plan review process, which includes referral to all impacted utility agencies. Where utility upgrades are needed to service new development, the applicant will be required to provide those upgrades. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change of zone will not adversely affect public health, safety or welfare. While the new zoning would allow high- density development that could generate additional traffic, it is not clear that development under the proposed zoning would generate any more traffic than might occur with development under the existing commercial zoning along the corridor. Any proposed development under the new MU -C zoning would be required to complete a traffic study as part of the site plan submittal and to install infrastructure and traffic signal improvements as required by Public Works. Development proposals will also be required to meet stormwater drainage and water quality requirements in order to be approved, thus no drainage problems are anticipated. 4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. This criterion is not applicable since the Architectural and Site Design Manual does not apply in the MU -C zone district V. STAFF CONCLUSION & RECOMMENDED MOTION(S) Staff concludes that the proposed zone change is consistent with the Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Staff concludes that the proposed zone change will be compatible with the surrounding area, which is commercial in nature and designated for mixed use redevelopment in the City's adopted plans. Staff further concludes that any applicant for development under the new zoning will, through the site plan review process, be required to provide utility upgrades where Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 8 needed. Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare. Because the zone change evaluation criteria support the zone change request, a recommendation of approval with conditions is given. OPTION A• "I move to recommend APPROVAL of Case No. WZ- 11 -03, a request for a City- initiated zone change from Neighborhood Commercial, Restricted Commercial, Commercial One, Commercial Two, and Planned Commercial Development to Mixed Use - Commercial, for property located along Wadsworth Boulevard, generally between W. 35 and W. 45` Avenues, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the Wadsworth Corridor Subarea Plan. 2. The proposed zone change is compatible with the surrounding area 3. Any applicant for development under the proposed zoning will provide adequate utility upgrades where needed; and 4. The proposed zone change will not adversely impact the public health, safety, or welfare." OPTION B: "I move to recommend DENIAL of Case No.WZ- 10 -07, a request for a City- initiated zone change from Neighborhood Commercial, Restricted Commercial, Commercial One, Commercial Two, and Planned Commercial Development to Mixed Use - Commercial, for property located at 4350 Wadsworth Boulevard, 7540 W. 44 Avenue, and 7340 W. 44` Avenue, for the following reasons: 1. 2 3." Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 9 EXHIBIT 1: CITY COUNCIL RESOLUTION CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 Series 2011 TITLE: A RESOLUTION BEGININNING A CITY - INITIATED COMPREHENSIVE REZONING OF PROPERTIES LOCATED ON THE WADSWORTH CORRIDOR BETWEEN W, 35 AND W. 45 AVENUES TO MIXED USE — COMMERCIAL WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the existing zoning designations along the corridor are generally commercial, including a predominance of Commercial - One (C -1), which does not allow higher density development and allows only limited residential development, and WHEREAS., rezoning the properties on the corridor to Mixed Use - Commercial (MU -C) would support the City's goals for redevelopment of the corridor in a higher density, mixed use development pattern: and WHEREAS, Section 25 -113 of the Code of Laws requires City Council to begin the process of city - initiated rezonings by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing, which would be preceded by a neighborhood meeting NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of properties located on Wadsworth corridor between W 35 and W 45 Avenues to Mixed Use - Commercial (MU -C). DONE AND RESOLVED THIS 14`" Day of ar X11. Jer Di io;'Mayor ATTEST: Michael Snow, City Cle.*!c Planning Commission Case WZ- I 1 -03 /Wadsworth Corridor Rezoning 10 EXHIBIT 2: LEGAL DESCRIPTION AND MAP Legal Description Case Number WZ- 11 -03: City- initiated rezoning of the Wadsworth Corridor the Mixed Use Commercial (MU -C) zone district. The area proposed to be rezoned is located generally north of West 35` Avenue, west of Upham Street, south of West 45` Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes adjacent right -of -way, extending to the centerline of that right -of -way. F 45TH AVE U \1�1�1�1 ■ICI ■y _ -_.- Z N N Y N UJ 4TH PL = O >_ z 44TH PL W IL Ix N ALLISON CIR y ■ G o U W', ' LE �1�1 \I ■1 ■IL i 42ND AVE ■ m ruuuui� 38TH AVE _ 36TH PL iuuuui�wk � U THREE ACRE LN ■ U O Y ■A �u0nnn■i O 41 ST AVE nni� ■ ��nuuui� AVE z ■ O N T J ■ J Q ■ ■ !r� z W 39TH AVE N 5101Muuuir- ALLISON CIR y N o U W', ' _:_ J Q ■ m > 38TH AVE _ 36TH PL 36TH AVE ■ U 0 �u0nnn■i O N nni� AVE z ■ O N T J ■ J Q ■ ■ Uyluo J � W n �- �huuuuu� 44TH AVE'! i■uuuui� ■ �um�ui�y i i ■ ■ T N Q IL H y N U W', ' 2I Q a' > D 36TH PL 36TH AVE -I M m ~ cn = � C7 35TH PL 3s Ty gt't Planning Commission Case WZ -11 -03 /Wadsworth Corridor Rezoning 11 EXHIBIT 3: NEIGHBORHOOD MEETING MINUTES LIty of � W heat I4dge MUNITY l7MVMtormMNI City of Whet Ridge Mimiiaval Building 7500 W. 29 Ave. '%%W Ridge, CO 80033 -SOOI P: 303 - 235.846 F: 303.235.857 NEIGHBORHOOD MEETING NOTES Meeting Date: April 13, 2011 Attending Staff- Kenneth Johnstone - Couvniunit_y Development Director Sarah Showalter- Planner 11 Lauren Mikulak- Planner I Location of \teetin,: City of Meat Ridge - Municipal Building 75 00 W- ?4� Avenue «'heat Ridee- CO 80033 Land Use Proposal: City - initiated rezoning of the Wadsworth Corridor to NLxed Use- Commercial (MU -C ): proposed rezoning boundary• is the area %xithin the urban renewal area Attendees: Jackie Inlrenthrone Tom and Gav rune Fe: Al BuerEer Jeff Sparkman Dave and Debbie Dowda Don Matoush Ana and Lune Martineli David Gardenas Susan Pegtrero Linda Wl if Katie and John Field John Bever Dan Boise Chad Harr Todd Hammond F. Schiller Deanna Leind Lorraine Neumann NLiria Nunez John Minshall Alice and Richard Dovle Scott Ohm Jerry Roach Jen Embree -Bever Rolle Sorrentino 'Margaret Schalt Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 12 Existing Zoning: Neighborhood Commercial (V -C)_ Restricted Commercial (R-C)_ Conmiercial-One (C -1)_ Commercial -Two (C -2). Planned Commercial Development (PCD) C omprehensive Plan: Mixed Use Town Center: Priiimry Commercial Corridor Wadsworth Subarea Plan: Medium to High Density NExed Use Esisting Site C onditions: The proposed area for rezoning encompasses over 60 properties along the Wadsw ;rrt corridor_ roughly between W. 35 Avenue and fit'. 43' ?,venue. The proposed rezonimg boundaries follow the urban renewal boundaries for this area_ The properties that compose the rezoning area consist of a wide range of commercial uses and all have a commercial zoning designation today (C- 1. C -?. N -C_ R -C or PCD). There are a few properties with residential uses and commercial zoning. Wadsworth Boulevard is a ? -lane commercial arterial_ owned by the Colorado Department of Transportation (CDOT)_ Applicant x%mer Preliminai -y Proposal: The Wadsworth corridor. between W _ 3e and W. 41 Avenues. is designated in the City's plans as a priority area for mixed use. mediums- to high - density redevelopment. The Wadsworth Corridor Subarea Plan. adopted in 2007. designates this portion of the corridor for future meditun- to high - density development with a mix of land uses_ This vision was refined in the City's recently adopted Comprehensive Plam Division Threat Ridge. which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between It 3S` and W, 4 ?.venues. Ern ision Tt7ieat Midge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth_ along with other priority redevelopment areas_ to allow and encourage high- quality, mixed -use development. To this end_ the City developed a mixed -use zoning ordinance that was adopted by City Council in September. 2010. One of the mixed use zone districts. Affixed Use - Commercial ( U-C)_ was specifically designed for major commercial arterials like Wadsworth. The zoning is intended to allots- greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses)_ to ensure gtiality design through the incorporation of design .standards_ and to create a streamlined development review; process for any new development under the MU -C zoning_ In order to help implement the City s plans for Wadsworth and establish zoning that will allow for mediunn- and high- densit<< mixed use development. City Council adopted a resolution on '-larch 14 _ 2011 to pursue a. comprehensive legislative rezoning of the Wadsworth corridor_ The folloning is a summar - of the neighborhood meeting: Staff presented a 30- minute overview of the proposal. The presentation addressed the following topics: • Purpose of the neighborhood meeting • Overview of the current zoning • Clverwiew of the proposed boundary and proposed zoning • History of the City's planning efforts along the corridor_ including the Wadsworth Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 13 Subarea Plan and Envision Illeat Ridge Overview of the Mixed Use-Commercial zone district includins: allowable uses. building heisht_ and architectural standards Oven-iew of the rezoning process Ch.'erview of the site development process (assi MU -C zoning is approved)_ including the concept plan and site plan review procedures Staff informed attendees of the anticipated Planning Commission and City Council public hearings. The heuings are required parts of the rezoning process at which members of the public will be able to comment on the proposal. Notification of the hearings will be posted on the City website and in the Transcript. but there will be no mailings to property owners. The folloa issues mere discussed regarding the rezoning proposal: IV adsworth is already very busy road. and the proposed mixed use zoning could attract additional traffic_ What plans does the City have for widening Wadsworth Boulevard. so it can handle the additional traffic? Mads►vorth Boulevard is planned to be upgraded to a 6- lanefacilihv within a 1 i0 foot r7ght -of icm envelope_ TTadnvorth is a state highway and is controlled by the Colorado Department of Transportation (C'DOT)- CDOT grill be responsible for conducting environmental assessments and a public planning process to identtft• a final roaditm design for the corridor. The Cin's Department of Public Ti orks is ivorking with CDOT to secure ftnding for these processes, but it ivill likell be at least a couple of years before they begnz_ Ira the meantime nett development will be subject to the requirements of the Streetscape Design .11maual irhich will help to Improve the pedestrian environment along ZTadsirorth before and after the road is widened Are there currently any development proposals for the west side of Wadsworth between W- V' and W- 33t Avenues (vacant land and the former GO Ford dealership)? Mo. no specific developmentproposais have been identtfted the site at this time. City Cozmcil has iderat the property as a high priority redevelopment area and will be defmin, their vision for the site in the upcoming rnontlas. Why is the southeast comer of Wadsworth and W. 3P Avenue not included within the botmdan for the proposed rezoning? This corner includes a chzoch and residential neighborhood. The area is not included in the re_onntg because it is not part of the urban renewal area- It was probably enchided from the urban reneiral area because it is a hell - established area and ivith no finding of bli; ht. Will the intersection of W_ 41'` Avenue and Wadsworth (by the elementary school) become a signalized intersection? This intersection it-as identlyted as a signali_ed intersection in the Tfadsivorrh Subarea Plan, bur CDOT has not taken ain action to put a light at this location_ The signal was proposed as a tra7c engineering solution to create better tr•afflc, jioir and even spac»ag benveen P, 41 -r , and 44 :4venues. Discussion ofsigrzal locattorzs will be part of CDOT's plarvtin, process tf or irizerz Tiads►rorth is ividened_ The vacant lot at W_ 33` Avenue and Wadsworth (south of the former Ford dealership) used to be a running water wetlands_ but it currently_ retains stagnant water. Does this standing water have to sta}r? To accommodate regional hater floir and meet water detention requirements, it probably needs to remain. The water stagnancy mm, be a reflection ofrecent drought conditions. Futrne developers may reengineer the ivater detention factlim to improve its fraction and flow- (.Some discussion followed regarding unsuccessful attempts to drain this facility by developers in Planning Commission Case WZ -1 1- 03/Wadsworth Corridor Rezoning 14 the past. ) There are no sidewalks along Wadsworth from W_ 35 to W. 38'� Avenues. Are there any future plans to install sidewalks? The City wants to see sidetralks along TT'adsti from iT' 35"' to TT' 46 .4venrtes, arrd we can require that sidewalks be installed as ne►t• de►elopment occurs along the corridor. Tipicalh' a right- of -►t•m' resen'ation ivili be required wirh ne►v de►elopment to accommodate the future w of ITadn Based on the reservation, the Cart will estimate where der elopers can put sidett'alks now so they remain intact et en as the road is widened in the future. How will the neighborhoods on the east and west sides of Wadsworth be connected. and will there be improved ways to cross Wadsu orth as a pedestrian.' Different options for crossing Tiadsworth it•ill be considered during CDOT's planning process for the roaa4acy widening. Future crossings will probabh' continue to be at grade has opposed to an ele►nted iralkwrn,l, however there are irnprol enrents that can be considered to make the crossing feel more safe. For example, medians ►t'ould allow pedestrians to stop safeh' in the roadtrm' and adjusted signals would allow more tine. for crossing. Will the prised use zoning allow six (6) story apartment buildings? It depends. The Nixed Use- Conrnrerdal _one district onh• allows sir (61 stony stmazires for coned use buildings. For example, if the first floor contains commercial uses, an additional fine (5) stories men include residential lases_ .Single rise buildings in the 1R. =C district are onh' allowed up to four (4) stories. For point ofreference, the Commercial -One (Ch -one district currenth' allows mnrcnr es up to 50-feet in height. If the mixed use zoning is approved_ how. do you prevent the construction of thousands of rental apartments in six (6) story buildings? The _oning code does not distinguish ben► -een renter- occupied and of utter- occupied residential units, and sn (6) stop' smtcntres would onh' be aIlow'ed for mired use buildings_ Based on market conditions and prellminan' utility capacity studies. it is rmlilieh that the corridor will be able to support thousands of new' residential units. That being said, there is the potential for set•eral hundred new residential rtrlits, and the Can' is encouraging this type of det•elopinent. -6t• residential consmiction attracts more people to the corridor, supports business irr the area, and provides more housing options for the On For a variety of reasons, the Cat} wants more people In'inlg and working along Tladstirorth_ Ifiill there be a new public library on Wadsworth" There is currently no proposal for a nett libran' on Madsworth, although chic uses are allowed and encouraged render the mired use _oning. If the rezoning is approved and existing property owners wa nt to make improvements to their property. will they be subj ect to the new architectural standards? The Communin• Development Department has met with »rain' property ouvers along the corridor and recogn es the limitations of evisting properties. In response, the mhed use code includes language drat provides some relief for current smicnires that do not meet the architecniral requiremen in the code. If an ex isting s is expanded b l' more than 15 of the gloss floor area, the new standards will apply to the expansion, where practical. The residential transition requirements address new mixed use development adjacent to single- and two-family uses_ Ahat are the setback requirements for mixed use development nest to the Residential -Three (R -3) zone district (where there is nuilti- family residential) transition and ripper store' st epbacks are required where nett' mixed use dev elopment abuts residentially or agriculntralh' _owed lots that contain single- or rivo- family residential uses. These upper story stepbacks do not apply where nett development is adjacent to properties _oned R -3, howe►•er there are other setbacks and buffers that it apph'. For etantple, sirface Planning Commission Case WZ -1 1- 03/Wadsworth Corridor Rezoning 15 parking lots on U— Cproperly are subject to landscape buffer requirements, and all other development is subject to a 5-foot rear Yard setback If the rezoning is approved. how soon can someone build and be subject to the mixed use requirements? The Tiadsworth rezoning is expected to be approved by late summer, and the mired use =one district would become effective 15 dms after Cin• Council approval_ Men the property at W and Wadsil, ordi wis, rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected to build on that site? The Urban Reneuval Authorin• has been negotiating wirli potential end users of this site. II ?rile Jefferson Cournn had indicated sigriiricant interest In locating sen at 44' and Tladsivorth, then hate since wirhdrait from the site_ .d recent change in Cowin• Commissioners has resulted in a revieuc of the Counnv's capital investment budget. At this point there are no plans for a Cowin building on the site. Didn't City Council approve $1 million for infrastructure at 44 and Wadsworth to attract the County to the site? Cih Council did authori_e money to supplement the Urbwi Renerval. -hcthorin in the short -temi for infrastmoure costs. Then are ncsirrg some of that nnonel noit for demolition of the. existing structures, and it - ill continue to use the f Inds for frftastnictnire regardless oftichether the Counnv is an end user on the site. IV ithin the proposed boundary are you planning to rezone only the C -1 properties to hfU -C? Mo, the proposal includes rezoning all parcels within the botntdan to lfired Use - Commercial. This includes properties that are ciarenlh _orned .A'eighborhood Commercial KV-0, Resnicred Commercial (R -C), Commercial -One (C -1), Commercial -Tito (C-'), and Planned Commercial Development (PCD). What is the timeline for this rezoning process? Although it is not a required step in the r'e_oningprocess, our neat action will be a stud4' session rrith On Council. After the stud% session there it - ill be a public hearing before Planning Con inission, followed by a public hearing before Cin• Comncil. Tlne Cin Council public hearing is e.ipected to take place. sometime in mid to late snarnner. Planning Commission Case WZ- 11- 03/Wadsworth Corridor Rezoning 16 C1t / Of "� Wheat id C COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: CASE MANAGER: M. Reckert June 16, 2011 MS -I I -0IBCS Credit Union Approval of a four lot consolidation plat on C -1 zoned property LOCATION OF REQUEST: PROPERTY OWNER: PRESENT ZONING: CURRENT USE: 4203 Wadsworth BCS Credit Union C -1, Commercial -One Vacant commercial structure CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION ENTER INTO RECORD: SUBDIVISION REGULATIONS ZONING ORDINANCE Planning Commission MS- 11 -01BCS Credit Union PEM-0905: 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a four lot consolidation plat on C -1 zoned property located at 4203 Wadsworth Blvd. The purpose of the request is to remove internal property lines to accommodate building remodel and property reuse. Lot consolidations for 5 lots or less follow the minor subdivision process. Because this is processed as a minor subdivision with no right -of -way dedication, Planning Commission is the final authority for approval II. EXISTING CONDITIONS The property is zoned C -1 with frontage on Wadsworth and Three Acre Lane and is currently subdivided into four lots (lots 6, 7, 8, and 9 of the Three Acre Subdivision). The properties immediately north and south, as well as those across Wadsworth to the east, are also zoned C -1 and contain commercial uses. The area west of the site, including the property directly behind the lot, is zoned residentially with residential uses. The site contains a one -story building, approximately 3,177 square feet in size which was formerly a fast -food restaurant with drive - through. The building has been vacant and the site inactive for roughly three years. The lot area is approximately 32,000 square feet and contains surface parking on the west and east sides of the structure. The drive - through from the former fast food use is on the south side of the building and will be repurposed as part of the credit union function. The site has one curb cut with access onto Three Acre Lane and another with access onto Wadsworth. There is an attached sidewalk, five feet wide, in front of the property along Wadsworth and landscaping along the street frontages. (Exhibit 1, Aerial photo) The property has been purchased by BCS Credit Union which has an existing facility at 3835 Newland Street. The credit union's current facility does not have a drive- through. Because all drive through facilities in the C -1 zone district require a special use permit, an SUP is required in addition to the plat approval. The SUP process is an administrative review and approval. III. PROPOSED SUBDIVISION PLAT The proposed plat will consolidate the property from four lots into one lot (Exhibit 2, Plat). The property is located within the Wadsworth sub -area plan boundaries and is likely to experience significant changes in the future due to the planned widening of Wadsworth Blvd. The widening would require approximately 26' of additional right -of -way along Wadsworth and as such, the applicant has shown the eastern side of the lot as a reservation area. When a right -of -way acquisition occurs by CDOT, the owner will be paid fair market value for the land. No right -of -way dedication is required for Three Acre Lane. The City's standard utility language and easement reservation have been shown. Staff concludes that the proposed consolidation plat is compliant with Article IV of the zoning and development code. Planning Commission 2 MS- 11- 01/13CS Credit Union IV. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed by the property owner. Specific referral responses follow. Colorado Department of Transportation: No objections to the subdivision. Can serve. Xcel Energy: Can serve. Wheat Ridge Water: Can serve. Wheat Ridge Sanitation District: Can serve. There is an existing holding tank on the south side of the property, the use of which will need to be investigated. Wheat Ridge Fire: Can serve. Wheat Ridge Public Works: The Public Works Department has reviewed and approved the proposed plat. A 26' wide reservation for future right -of -way is required along Wadsworth. Wheat Ridge Police: No concerns. Renewal Wheat Ridge: The proposed use is in compliance with the Urban Renewal Plan. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the zoning and development code and all service agencies can accommodate the proposed building and site modifications. Therefore, Staff recommends approval with the condition that the language for the city certification be slightly modified. VI. SUGGESTED MOTIONS: Option A: "I move to APPROVE Case No. MS- 11 -01, a request for approval of a four lot consolidation plat on C -1 zoned property located at 4203 Wadsworth, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. All utility providers can serve the property. With the following condition: The language for the city certification be slightly modified." Planning Commission 3 MS- 11- 01/BCS Credit Union Option B: _ "I move to DENY Case No. MS- 11 -01, a request for approval of a four lot consolidation plat on C -1 zoned property located at 4203 Wadsworth, for the following reasons: 2." Planning Commission q MS- 11 -01BCS Credit Union . .......... vi (D cu n cn x LU I �y THREE ACRE VICINITY MAP SCALE: 1 "=2000' THENCE NO"10'11"W ALONG LAST SAID WEST LINE, 138.60 FEET TO THE TRUE POINT :3 0 OF BEGINNING. F= D CONTAINING AN AREA AS DESCRIBED OF 32,073 SQUARE FEET, OR 0.736 ACRES, MORE OR LESS. LOT UNE HEREBY REMOVED BY THIS PLAT ID OUT, SUBDIVIDED, AND PLATTED SAID LAND AS PER THE DRAWING HERE ;ON CONTAINED -4- SURVEYOR'S CERTIFICATE HAVE LA a. 0 0 1 1, JAMES T. JONES, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY UNDER THE NAME AND STYLE OF THREE ACRE SUBDIVISION, AMENDMENT N10, 2, A cn OF THREE ACRE SUBDIVISION, AMENDMENT NO, 2 WAS MADE BY ME OR UNDER RE -SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO, AND BY THESE > CnI 00 PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR Lo MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN LOT 1. BLOCK 1, AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, 26 THREE ACRE SUBDIVISION, AMENDMENT NO. CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND Ld m in AREA HEREBY V w ) REPRESENTS SAID SURVEY. REPLACEMENT FOR ALL SERVICES, THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND 0 tOT 6, SE 2 REIRVEQ !FO�R ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES HYDRANTS, STORM WATER THREE ACRE SUBDI14SION C v U I FUTURE > ZONING- 0- 1 FWAY : SY STEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO, oo 32,073 SF LOT 8, RIGHT-0 0 SIGNED THIS D AY OF 20�_. 0 0.74 ACRES THREE A CRE' SUBDI 14SION LAT ZOIVING- 0- 1 BY THIS F k cy 0 BCS COMMUNITY CREDIT UNION z al BY- JAMES T. JONES, PROFESSIONAL LAND SURVEYOR DATE HORACIO PERALTA, PRESIDENT : I I COLORADO PLS NO. 19606 m LOT UNE HEREBY REMOVED BY THIS PLAT v!) JONES ENGINEERING ASSOCIATES, INC. LOT 4 0 STATE OF COLORADO ) THREE ACRE SUBDIKSION Ix -1 Ld SS A MENDMEN T No, 1 8 10' UTILITY EASEMENT HEREBY COUNTY OF JEFFERSON THIS PLAT Z CL CREATEP IEI ui `�'DEWCATIDN, AC I ED E_ _ D BEFOREt to DAY ;KNOWL G THIS ETH"l.", THE FOREGPINC OF w PLANNING COMMISSION CERTIFICATION 20 BY --------- GENERAL NOTES 4 � Ar-89"51'02" CITY CERTIFICATION 1. ACCORDING TO FEMA FLOOD I NSURANCE RATE MAP 08059CO214E, DATED JUNE 17, R. 0. W DMCA 77ON FOUNO PIN & CAP R=l 4.50' APPROVED THIS DAY OF BY THE WHEAT RIDGE CITY 2003, THE PROJECT SITE LIES IN ZONE X (UNSHADED), WHICH IS DEFINED AS, FOUND PK NAIL WTH & W RESM NO. 84IB39 Ls 18109 L=22.74 ' COUNCIL, "AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. Ou mm 0 H_ C - N44"45 20"E ATTEST 2. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND THREE ACRE LANE CHL=20.48' SURVEY_ MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY, ' COMMITS A (45' R.O.W.) MAYOR SS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.S. CLASS CITY CLERK 3. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION COMMUNITY DEVELOPMENT DIRECTOR BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ACTION BASED UPON ANY DEFECT IN DIRECTOR OF PUBLIC WORKS T IS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE H CERTIFICATION SHOWN HEREON, 4. BASIS OF BEARINGS: THE EAST LINE, SW 1/4, SECTION 23 BEARS NOl 0 14 W PER THE CITY OF WHEAT RIDGE DATUM. IT IS MONUMENTED AT THE CENTER CORNER (CITY CONTROL POINT 14709) BY A 3-1/4" BRASS CAP ON ALUMINUM MONUMENT COUNTY CLERK AND RECORDER'S CERTIFICATE IN RANGE BOX LS 13212 AND AT THE SOUTH 1/4 CORNER (CITY CONTROL POINT STATE OF COLORADO 15709) BY A 3-1/4" ALUMINUM CAP ON MONUMENT IN RANGE BOX, LS 13212. SS COWR #15709 COUNTY OF JEFFERSON 5. THE COORDINA TE SYSTEM IS A GROUND-BASED STATE PLANE MODIFIED COORDINATE SOUTH 1/4 CORNER, SECTION 23, I HEREBY CERTIFY THAT lrll�) PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERK SYSTEM, NAIL 83/92, CENTRAL ZONE 0502 PER CITY OF WHEAT RIDGE PUBLISHED T.3S., R.69W. OF THE 6TH P.M. AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT O'CLOCK 20 M. ON THE DAY OF VALUES. (FOUND 3-1/4" BRASS CAP I ON ALUMINUM BOOK PAGE . RECEPTION NO. MONUMENT IN RANGE BOX LSi 13212) 6. THE VERTICAL DATUM IS THE NORTH AMERICAN VERTICAL DATUM OF 1 (NAVD88). (CITY OF WHEAT RIDGE CONTROL POINT 15709) JEFFERSON COUNTY CLERK AND RECORDER N 705823.48 7. THE GRID TO GROUND COMBINED SALE FACTOR IS 0.99974780300, SCALED FROM E 11 8443.25 'If Aft, BASE POINT PHAC 1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) WHICH HAS BY: DEPUT THE FOLLOWING COORDINATE VALUES - 54 PHAC 1: NORTHING: 1701258.75 LASTING: 3118217.58 ELEVATION. 71.62 8. PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVERY PLAT ARE U.S. SURVEY FEET, ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF MINOR SUBDIVISION PLAT STANDARDS AND TECHNOLOGY. LE GEND THREE ACRE SUB., AMD. NO. 2 9. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM SET #5 REBAR WITH ALUMINUM CAP LS #19606 CASE HISTORY: JOB NO. 11030 THE COLORADO COORDINATE SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A CASE NO. MS -11-01 DATE: MAY 4,201-1 HORIZONTAL ACCURACY CLASSIFICATION OF 0,04 U.S. SURVEY FEET AT THE 95% 0 FOUND MONUMENT AS NOTED SHEET 1 OF I P\/P'l Aq r)PPiNjpn IN] TWA r.FnqPAnAl Pn-qTIONING ACCURACY