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HomeMy WebLinkAbout01/06/20006, PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. A. Case No. WZ-99-1 Application by Ryan and Maureen Carey for approval of a zone change from Residential-One to Residential-Two for the purpose of converting an existing single-family residence into a duplex on property located at 3601 Kipling Street. Commissioner THOMPSON expressed concern about the difficulty of regaining an access onto Kipling once it is removed. Alan White explained that new access permits would ha to be obtained from the Colorado State Department of Transportation. Mary Austin commented that it would be extremely difficult to obtain another access once it is closed. UIIKWB�. I Commissioner THOMPSON expressed concern that if the driveway off of 35th could not be engineered to be acceptable in terms of grading, etc., that the applicant not lose the right to have two access points onto Kipling. Planning Commission Minutes Page 2 December 16, 1999 Commissioner COLLINS suggested an option of planting in the second driveway off of Kipling in order to keep the access for future use. Commissioner DOYLE suggested that the paving of the driveway on the north end take place only on the owner's property. There seems to be four feet of driveway that are not on the owner's property. It was moved by Commissioner DOYLE and seconded by Commissioner COLLINS that Case No. WZ-99-13, a request for approval of a zone change from R-1, Residential One to R-2, Residential Two, for property located at 3601 Kipling Street, be approved for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35th Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35th Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval. With the following conditions: 1. The north driveway, when it is paved, be on the owner's property. 2. There will be no more than two access points onto the property, preferably one on Kipling Street and one on West 35th Avenue. 11Vn I SNOW absent. 8. CLOSE THE PUBLIC HEARING Chair MACDOUGALL declared the public hearing portion of the meeting to be closel t OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS There was no new business to discuss. 11. COMMISSION REPORTS There were no commission report! 12. COMMITTEE AND DEPARTMENT REPORTS There were no reports. Planning Commission Minutes Page 3 December 1, 1999 21 it was THUS -dy-T-111-MULNUTTVITHT � r v that the meeting be adjourned at 835 p.m. The motion passed unanimous�y. Don MACDOUGALL, Chair C:\Barbara\PCRPTS?PLANGCOM\PC,MINUTE\1999\991216,wTA Planning Commission Minutes Page 4 December 16,1999 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: January 6, 2000 DATE PREPARED: December 7, 1999 CASE NO. & NAME: MS-99-06 CASE MANAGER: Martin Orner ACTION REQUESTED: Two Lot Minor Subdivision to Create a 1.895 Acre Lot I and a 1.865 Acre Lot 2, of the 44 Avenue Business Park Subdivision LOCATION OF REQUEST: 9751 West 44' Avenue COMPREHENSIVE PLAN: Village Center DATE PUBLISHED: December 17, 1993 DATE POSTED: DATED LEGAL NOTICES SENT: December 22, 1999 December 22,1999 JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST This is an applicationfor a Minor Subdivision to create Lot I and Lot 2 of the 44"' Avenue Business Park, located at 9751 West 44"' Avenue, This application is related to Case No. WZ-99-15, a request to rezone I 10 acres from R-2, Residential-Two and 0.79 acres from R-C, Restricted Commercial to PCD, Planned Commercial Development. Minor Subdivisions require Planning Commission action only. Arvada Fire Protection District: I . The District provided seven comments which are included in Exhibit C. Valley Water District : I . Water lines, fire hydrant and fire sprinkler lines will be needed to meet AFPD requirements. 2. New water taps and service lines will be needed for each separate building structure. 3. Easements for fire hydrants that meet Denver Water and Valley Water District requirements will be needed. Referral Agencies not Responding: Clear Creek Sanitation District Wheat Ridge Police Department Oulette Ditch Company TO US West Wheat Ridge Parks and Rec. Commission The City's Subdivision Regulations provide an extensive list of review criteria which is essentially a check list designed to ensure a standardized description • the property which meets all recording information requirements. Staff has reviewed this criteria and has found that the minor subdivisi ion application meets the review criteria. kv Type of action requested (check one or more of the actions listed below which pertain'to your request.) Date received- Receipt No. Related Case No, Zoning Case No. Quarter Section Map David R. Vanflooser P. O. Box 175 Baile CO. 80421 September 28, 1999 Wheatridge Planning Department 7500 West 29th Avenue Wheatridge, CO. 80215 RE; Property rezoning 9751 West 44th Avenue ATT; Meredith Reckert AICP: 1 8 0 0 11 I 76 CF RAW %,x �jy i3 i SUBDIVISION MEMO AND CONTACT RECORD CONTACT NUMBER: I DATE RECEIVED: 12-14, 1999 DATE REVIEWED: 12-16, 1999 �**Maa Loinum The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or f ax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. ,Arvada Fire Protection District Martin Omer Department of Planning and Development City of Wheatridge 7500 W 29 Ave. Wheatridge Colorado 80030 7. Trash enclousres will need to be of non-combustible construction including doors. UFC 97 1103.2.2. Amended, Simce I Kent "Sparky" Shriver Arvada Fire Protection District 6503 Simms Street - Arvada, Colorado 80001-0060 - (303) 424-3012 - Fax (303) 432-7995 ry VALLEY WATER DISTRICT PO, BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 FAX, 424.0828 PUOLIC SERVICE COMPANY OF COLORAD Siting and Land 11911, Denver, Uorodo 80202-421-1. Telephone 303.571.7799 Facsimile 303.571,7877 Public Service Company of Colorado (PSCo) has reviewed 44" Ave Business Park Minor Sub MS-99-06. To ensure that adequate utility easements are available within this development, PSCo requests that the following language or plat note, be placed on the preliminary and final plats for the subdivision, PSCo also requests that these utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building Mll Thank You, ' \ ~ CASE NO. & NAME: WZ-99-15 CASE MANAGER: Martin Orner NAME & ADDRESS OF OWNER(S): David Van Hooser P.O. Box 175 BailEy ,, CO 80421 APPROXIMATE AREA: 1.89 Acres COMPREHENSIVE PLAN: � Village Center ........ .. . ....... DATE POSTED: December 22, 199 JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 6-1 300121 This is an application to rezone 1.10 acres from R-2, Residential andO.79 acres fro m,& -C, Xestricted Commercial to PCD, Planned Commercial Development. It is related to Case No, MS-99-06 being a minor subdivision to create a 1.89 acre parcel for the PCD. The minor subdivision requires Planning Commission action only. This application is for property which is currently undeveloped. The land is located in close acrea-le 1 12.5 acres Ih known as the Chado property. Since the application for planned commercial development of the 44 Business Park precedes any other recent application for development in this area, the 44 Ih Business Park is important in that it sets the standard for anticipated future development nearby. After submittal of the rezone application, staff s review revealed that the subject property was never legally subdivided, and staff requested that the applicant submit a Minor Subdivision application. Minor subdivisions receive final hearing at Planning Commission, and do not require City Council action. Exhibit A is the site location map, Exhibit B is the current site zoning map, Exhibit C contains the referral comments, Exhibit D is the Planned Commercial Development zoning, use and development criteria, and Exhibit E is the drainage report. # A • I EMMEM Planning Commission Page 2 WZ-99-15,/Legend Properties Answer: Next spring for construction. nammm���R� Agencies Referred and Responding (.Exhibit Q: I Wheat Ridge Building Department: Dumpster enclosure to be of non-combustible material. Planning Commission Page 3 W -9 -15 /Legend Properties • . I I # 0 The City's Code of Laws provides the following review criteria to be used when evaluating requests for rezoning: That the existing zone classification currently recorded on the official zoning maps of t City of Wheat Ridge is an error. I There is • error in the zoning classification. The property currently has split zone designations of Restricted Commercial and Residential Two. No zoning activity has occurr] Planning Commission VU-0-U i S� EM on this property since the City was incorporated, indicating that the zoning is left over from Jefferson County zoning actions. 2. That a change in character in the area has occurred due to installation of publi facilities, other zone changes, new growth trends, deterioration, or development transitions. I The list • land uses • Sheet One of the Outline and Final Planned Commercial Development are in conformance with the Village Center designation. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 5. That there will be social, recreational, physical and/or economic benefits to the communit y derived by the change of zone. Staff does not anticipate any social or recreational benefits • the City from the zone change to PCD. This application reflects an attractive and functional building and landscaping design. The City would capture sales tax from any retail sales occurring • the property associated with the PCD. 6. That 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. 11 1111111,11ol 111 11111 ''i'll 1111111�11�IIII 7. That the proposed rezoning 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 applicant has received correspondence from the Public Works Department concerning the possibility of traffic impacts to 44" Avenue resultant from the build-out of this case. Limiting the list • permitted uses to business which do not have a need for large amounts of retail or office space will help limit traffic impacts to the adjacent roadway. gill pi �I � III I ri�g I Ig 11111 11 1 This currently undeveloped property is impacted by split zoning, which causes development of the site to be difficult at best. Rezoning the 1.8 acres to PCD would aid in achieving uniform site development. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent nearby areas. Rezoning this property to Planned Commercial Development for the uses proposed is in conformance with the Comprehensive Plan, Land uses and zoning to the south and east are commercial in nature and compatible with that proposed with this application. The plan is sensitive to the school use to the north, and no negative impacts are anticipated. Approval of this application will not create isolated or spot zoning. 10. That there is a void in an area or community need that the change of zone will rill providing for necessary services, products or facilities especially appropriate at th location, considering available alternatives. I al WITMWI M, Planning Conunission Page 7 WZ-99-15/Legend Properties Option B: "I move that Case No. WZ-99-15, a request for approval to rezone 1. 10 acres from R-2, Residential and 0.79 acres ftom R-C, Restricted Commercial, to PCD, Planned Commercial Development be recommended to the City Council for DENIAL for the following reasons: 1 . 2. 1 11 Planning Commission Page 8 WZ-99-15/Legend Properties Planning and Development Department 7500 West 29th Avenue, by eat RACre, CO 80033 Phone (303) 235-2846 Pl e a se pant ty�pelll in�lormanon,���, Applicant Addres Phone Type of action requested (check one or more of the a ction5 listed below which pertain to your request.) ez) t ill out the following information to the best of your knowledge, Current Zoning: z • k7cres • square tootaae): 7Current ust �7— Proposed Assessors Parcel Number: L '/received Receipt No. X - Related Case No. Zonina LAND USE CASE PROCESSING APPLICATION David R. VanHooser P. 0. Box 115 Bailey, CO. 80421 September 28, 1999 Wheatridge Planning Department 7500 West 29th Avenue Wheatridge, CO. 80215 RE; Property rezoning 9751 West 44th Avenue ATT; Meredith Heckert AICP: I am submitting this letter, as Der request, pertaining to the authorization granted to Anthony'll. Ficco (Legend properties or assigns LLC) in a contract dated May 19, 1999. This contractis - conditional upon the re-zoning of said property to Commercial Planned Development. This letter is being submitted as verification of my approval to Mr. Ficco to proceed as agreed in the contract, with the re- re-zoning of 9751 West 44th Avenue as requested to complete his construction plans. If you have any further questions please contact me at 303 -828 -- 6903, or my agent Carole Oman at 303-425-4492. Sincerely, 6,Z'I David R. VanHoos6r "I F1 A" go I I m 0 Nip 22 PARTKvr CF RAW4 AW r 235.ZI2 • 40 t 48,048 SO. FT. 1.10 ACRES ZONED R-2 AREA % OVERALL 82.535 -"487, "'FT R-C 0.7'9 "`ACRES 42% ONED R 48.048 58v. AREA % OVERALL 82.535 lool'. R-C 34.487 42% R-2 48.048 58v. PREPARED: DEC. 1999 PROJECT: V27-1 6-1 I t I ._.. i MEMORANDUM ' s • • - Date SUBJECT: 9751 West 44 Ih Avenue, WZ-99-15 - PCD For Retail/Office/Commercial Land Use The Public Works Dereviewed Department for the above referenced site, and has the following comments: 7. The lot areas shown do not agree with Assessor records. The correct areas need to be provided. . We will need a traffic impact study. Estimated trip generation exceeds 100 trips during the peak hour (50 office an d 50% specialty retail use }. 9. The proposed driveway access design meets City requirements. cc: Alan White, Planning & Development Director Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File Ar I vada Fire Protection District III MZM=MMMM=== I City of Wheatridge 7500 W 29 Ave, Wheatridge Colorado 80030 RE: Rezoning of 9751 W 44 Case # WZ99-15 HEM��� 1 1/2-3 /99 Fire protection is provided to this site • Station 1, 7900 W 57 Avenue, and Station 2, 12195 W 52o 2, All weather fire, dept access roadways, minimum of 24 feet • unobstructed width, capable of supporting the imposed loads of 52, 000 lb fire apparatus need to be provided to within 150 feet of all portions of the buildings prior to above grade construction, UFC • 9013, 8704.2. Amended. 3 All buildings classified by the Codes Administrator as the following occupancies 13,1 or S-5, exceeding 18,000 square feet shall have an approved automatic fire suppression sprinkler system installed throughout in accordance with NFPA- 13, Section 1003,2.2 amended, 4, Dead end fire apparatus access roadways in excess of 150 feet will need to be provided VA approved provisions for the turning around of fire apparatus. UFC 97 902.2,2.4 1 6. Fire lanes will need to be posted, "No Parking Fire Lane" on each side with signs that meet City of Wheatridge standards, U 97 901A.2, 7, Water lines and fire hydrants will need to be installed and operational and capable of supplying the minimum required fire flows prior to above grade construction. UFC 97 901 3, 903.2, 8704.3 Amended. feet. UFC • 901 n• .$ FRI 16:03 FAX 303 424 0826 VALLEY WATER DIS z 00 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge DATE: November 19, 1999 011.�Mww I I I A -- 0 Af # 1 Are service lines available to the development? 3. Do you have adequate capacities to service the development? IIIIIIIIIIIII IIIII III, 11111 11 M 6* Are there any comments your agency has identified which would or should affect approval of this request') y Please reply to:.Martin Omer (303) 235-2854 Completed b Department of Planning & Development (Name, Agenc&epartment, D�ate) Fax: 303/235-2857 DISTRIBUTION: X Water District (Valley) • Sanitation District (Clear Creek Valley) • Fire District (Arvada) X Public Service Co, X US West Communications "The Carnation City" c\p1anning\fomis\agendareffrm EXHIBIT E a HISTORIC DRAINAGE SYSTEM 1. MAJOR BASIN A. Relationship to Major Basin Channel No significant runoff enters the site across its north, east or south boundaries. Stormwater runoff from offsite enters the tract across its west boundary in 6 well dispersed manner. C. Existing Drainage Patterns: • present, onsite storm runoff flows overland to the northeast, across the natural ground contours non-concentrated manner. 6 tormwater the east, overland, to the Clear Creek channel, in a generally dispersed manner, ©" I DEVELOPED DRAINAGE SYSTEM A. Size Basin and Subbasins: F."m 1111111 �lpl llpl�llpllllll 111111 H HISTORIC RUNOFF SUMMARY DEVELOPED SUBBASIN DISCHARGE TO OFFSITE STUDY TOTAL PEAK Q5 Q100 DISCHARGE SUBBASIN (acres) . (min) (cfs) AT STUDY POINT STUDY AREA Tc Q5 Q100 POINT SUBBASIN (acres) (min) (cfs) (cfs) Hl 1.89. 12 1.0 6.5 1 3 D5 OHA 1.84 15 3.1 7.5 TOTAL PEAK RATE OF OHA 1.84 14 HISTORIC RUNOFF 7,9 4.1 14.0 DEVELOPED SUBBASIN DISCHARGE TO OFFSITE STUDY Tc Q5 Q100 POINT SUBBASIN (acres) . (min) (cfs) (cfs) 2 Di 0 91 13 D2 0.85 13 0.3 1.6 3 D5 0.04 12 OHA 1.84 14 3.0 7,9 4 D3 0.03 11 neg./L.F. neg./L.F. 5 D4 0.05 12 neg./L.F. neg,/L.F. PROPOSED PEAK (site) 0.3 1.7 ALLOWED PEAK (site) 0.3 1.9 HISTORIC PEAK (site) 1.0 6.5 As a result of controlling runoff from the developed site, the peak rate of stormwater runoff discharged to offsite will actually be less than historic peak rates. 0 1 M 11*1 2 72.1 1 91 F.-Is I A a M A total detention volume of approximately 9,55 cubic feet is required and is proposed, as shown on the grading and drainage plans. B. Excess Storm Water Passage 9 Richard M R b om erg Professional Engineer Colorado Registration No, 25088 E ME a • z k m M Wo a • z m Wo go A IV r )00 z • 77� 5 4 '­7 A DRAIMAGI:MM: & IPLM REVISED "TH AVE. BUSNESS PARK 8 'ESS LANE ENCINEMNG SERVICE,INC, 9WO W 14TH AVE NVE =WNEATRJOGE, COLOR"O 3C COLO 80215 -*716 PHONE �3 2 33 -4042 FAX 13-0796 •