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HomeMy WebLinkAbout06/15/2000CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting June 1,2000 I CALL THE MEETING TO ORDER: The meeting was called to order by Chair MacDOUGALL at 7:30 pm. on June 1, 2000 in the Council Chambers of the Municip Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. I Commission Members Present: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Alan White, Planning Director Gerald Dahl, City Attorney Ann Lazzeri, Secretary The following is the official set of Planning Commission minutes for the public hearing of June 1, 2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 4. APPROVAL OF ORDER OF THE AGENDA Commissioner McNAMEE requested that a report from the Economic Development Committee be added under New Business. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to approve the order of the agenda as amended. The motion passed 8-0 5. APPROVAL OF MINUTES The following corrections were made to the minutes of May 18, 2000: Commissioner DOYI,E was omitted from those listed as present. In addition, Commissioners OKEY and MacDOUGALI, were listed as present and absent when, in fact, they were absent. Planning Commission Page I June l,2000 It was moved by Commissioner COOPER and seconded by Commissioner DOYLE that the minutes of May 18, 2000 be approved as amended. The motion carried 5-0 with Commissioners COLLINS, GOKEY and MacDOUGALL abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. A. Case No. ZOA-00-04: An ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Planning Commission. The case was presented by Gerald Dahl. This amendment to the zoning regulations was requested by City Council. The amendment enables the City Council to refer back to the Planning Commission for further study and recommendation any request for a special use permit, rezoning or any stage (outline, preliminary or final) of a planned development. City staff recommended approval of the ordinance. Commissioner SNOW suggested that cases for re-referral should include variances that are included as part of another case. Commissioner MeNAMEE expressed concern that there should be a time limit placed as to when the case is scheduled to be heard before the Planning Commission. Commissioner SNOW cited Section 2-60(C), page 166, of the code which addresses time limits, Alan White asked for direction in regard to public notices in relation to re-referrals. Mr. Dahl replied that it is not required for a public hearing to be conducted as if it were a new hearing. It would be included as an action item on the agenda with the option of receiving public comment. Commissioner SNOW suggested that the property should be posted. Commissioner GOKEY suggested that posting signs for re-referrals be distinguishable from the Planning Commission Page 2 June 1, 2000 original posting signs so that people are aware it is a re-referral process. Commissioner THOMPSON suggested publishing agendas (even if tentative) in the city newsletter. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. ZOA-00-04 be forwarded to City Council with a recommendation for approval with the following changes: 1. Section 26-25(3) be changed to "planned development." 2. An addition of paragraph (4) for the City Attorney to write the appropriate language to include variances when they are a part of the above three applications. 3. Addition of a section to require posting of re-referrals which is to be clearly distinguishable from the original posting. The motion passed 8-0. B. Case No. ZOA-00-05 - An ordinance amending Section 26-6(C)(4) of the Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications. Commissioner SNOW commented that, until there is a requirement for everything to be under a planned district, the ordinance should not be changed. Mr. Dahl advised that there is case law that says conditional rezoning is actually a PCD in disguise. Commissioner THOMPSON expressed concern about approving commercial-one zones adjacent to residential properties without imposing some sort of restrictions. She suggested that all zoning should be required to be planned and all existing zoning should require a site plan for new construction. Planning Commission Page 3 June 1, 2000 C. Case No. ZOA-00-06: An ordinance amending Section 26-25 of the Wheat Ridge Code of Laws concerning similar uses in Planned Development Districts. '17his matter was presented by Alan White. The subject ordinance is an amendment to the zoning regulations dealing with similar uses in planned developments. The ordinance was requested by City Council and has also been reviewed by the City Affairs Committee. City staff recommended approval of the ordinance. Commissioner THOMPSON asked if an allowed similar use would go with the property. Alan White replied that he interprets it as being specifically for that particular PCD. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. There was no old business to come before the Commission. 10. NEW BUSINESS There was no new business to come before, the Commission Planning Commission Page 4 June 1, 2000 "11600[f[MMILM10390 A. Economic Development Committee (EDC) - Commissioner McNAMEE (Planning Commission's representative to the Economic Development Committee) reported on the first meeting of EDC. The function of EDC will be to develop commercial properties and redevelop existing businesses; and their goal is to have the city on a sound financial basis ten years from now. The next meeting will be held June 27. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that the meeting be adjourned at 9:30 p.m. Don MacDougall, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 5 June 1, 2000 1 , 1 1 11111 113iII 1 NAME & ADDRESS OF APPLICANT(S): Ralph Walker for Airtouch Cellular 7354 S. Eagle Street ­V M PRESENT ZONING: PRESENT LAND USE: COMPREHENSIVE PLAN FOR THE AREA: Parks and Open Space/Small Office, Business 'ente ------------ — - — ------ — -- — — -------- — - — ------------- — --- DATE POSTED: Junel,2000 DATED LEGAL NOTICES SENT: May 31, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER 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. N I. RFQLTEs'r The applicant requests approval of an amendment to a Planned Commercial Development final development plan to allow construction of a Commercial Mobile Radio Service tower and ancillary equipment cabinet on property located at 4056 Youngfield Street. 11. CASE ANALYSIS Pursuant to Section 26-30(S) of the Wheat Ridge Code of Laws, freestanding CMRS facilities are allowed in planned development districts only if specifically listed under the allowed uses of the regulating planned development. CMRS facilities not specifically listed require an amendment to the underlying final development plan. The development plan on the property, known as Youngfield Plaza, was approved in 1980. Lot I of the Youngfield Plaza PCT) has on it two office/ warehouse buildings containing roughly 130,000 square feet. See attached Exhibit 'A. The applicant is proposing the 55" high tower at the southwest comer of the property where there is a substantial slope to get the tower as high in the air as possible. The applicant has pursued other locations in this 1-70/Yotingfield corridor to no avail. Adjacent zoning and land use include R- I zoned property with a church and single family homes located on the "bluf' to the south of the property. The grade change appears to be roughly 30' with existing mature trees which provide a natural buffer. As the proposed location is on the south end of the business park, the existing buildings and parking areas within the development adjoin the property to the north with an RV service facility further to the north. Abutting the property on the west is 1-70 and to the east is the Clear Creek greenbelt open space. The tower and accessory cabinet box will result in a small reduction in the amount of landscaping on the property. All requirements for a planned commercial development plan amendment have been met, eparaflem: wit re(1�111, ft 1 1 1 supporting retaining wall with application for building permit. All appropriate electrical codes will have to be met. • 111111111! 1 11 1111111 IN 11 i� I I Public Service Company has responded that they have no apparent conflict with the proposed tower location, The Parks and Recreation Commission will review the request at their June 20"' meeting. i 4 1. 2. 1 11 Option B: "I move that Case No. WZ-00-03, a request by Ralph Walker for Airtouch Cellular for approval of an amendment to a Planned Commercial Final Development plan to allow a freestanding CMRS tower for property located at 4056 Youngfield Street, be DENIED for the following reasons: 1. 2. 3. 1 ' Option C: "I move that Case No. WZ-00-03, a request by Ralph Walker for Airtouch Cellular for approval of an amendment to a Planned Commercial Final Development plan to allow a freestanding CMRS tower for property located at 4056 Youngfield Street, be CONTINUED for the following reasons: The placement of the tower in the easement needs to be resolved prior to rendering a decision on this application. I cAplanmng\fnrrns\reptcovr A - 11 111 t' i d t UNI CC;2POQA7SEC .;e. FEg6QN CCUNTY C # f • �4 s �r E K # t i -164 io O �i c #T dpi � C�P� 8 _ _._.._ 1 f r�} S #i i t . Pt PHASE Q P 7 A PARCEL • LAND IN SECTION 20, AND SECTION 29 , TOWNSHIP 3 SOUTH, RA14GE 69 WEST OF THE 6 ttt P M., COUNTY OF JEFFERSON, STATE • COLORADO or VICINITY MAP m THE FOLLONA4 USES -,0 9E' PE RMITTED *IT% THE OEVVLOP%KU41. E�M A PARCEL Of LAND LYfNO WITHIN THE IV 112 OF THE SIN 134 OF SECTION 20, AND THE ME 1/4 OF THE 4* 1/4 OF SECTION 296 TOWNSHIP 3 SOUTH, RANGE 6S WIEST OF TI-W 6th, P COUNTY Of jtMtg$*# STATE Of COI.0RAOO, MORE PARTICULARLY DIESC410*0 AS 1 TO"TNIER WITH A 50 0 007 WOW EASEMENT OVER .140 ACROSS TRACT AS OIE3CRtStD HEREj%A$OVI[ FOR, iNGRt3$ OGRESS AM UTILITY LINIS, SAID 30 FOOT Now. tXCLUSw 1^3041EMY OVER AN* ACROSS THE NORTNIEfty S&jOfttYopTHE SOUTH SOAO FEET OF THE TRACT AS OIU*Iogo #*W%A&Ovf, SAID EASEMENT TO Of PARALLEL TO THE SOUTHERLY LOW OF SAID TRACT WITH THE 30 FOOT (XMIENSIO SONG MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID TRACT. THIS PARCEL CONTAINS APPROXIMATELY 0,47 ACRES. PROJECT DATA PHASEA twsiAcmrs) ­4 64.613 13.3'* WILDING 44,792 13.9% O :64 * 404 3"% LANDSCAP NIS Z3.Z5* 2l13% ru.w44w : :ex 41 mu 4 21,130 SQL YT; 100% 7 F PLOT PLAN 4 , I KENNETH * $U*VtY(* RCOI$Ttftg* A PARCEL Of LAND LYfNO WITHIN THE IV 112 OF THE SIN 134 OF SECTION 20, AND THE ME 1/4 OF THE 4* 1/4 OF SECTION 296 TOWNSHIP 3 SOUTH, RANGE 6S WIEST OF TI-W 6th, P COUNTY Of jtMtg$*# STATE Of COI.0RAOO, MORE PARTICULARLY DIESC410*0 AS 1 TO"TNIER WITH A 50 0 007 WOW EASEMENT OVER .140 ACROSS TRACT AS OIE3CRtStD HEREj%A$OVI[ FOR, iNGRt3$ OGRESS AM UTILITY LINIS, SAID 30 FOOT Now. tXCLUSw 1^3041EMY OVER AN* ACROSS THE NORTNIEfty S&jOfttYopTHE SOUTH SOAO FEET OF THE TRACT AS OIU*Iogo #*W%A&Ovf, SAID EASEMENT TO Of PARALLEL TO THE SOUTHERLY LOW OF SAID TRACT WITH THE 30 FOOT (XMIENSIO SONG MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID TRACT. THIS PARCEL CONTAINS APPROXIMATELY 0,47 ACRES. PROJECT DATA PHASEA twsiAcmrs) SUILDING * k 64.613 13.3'* WILDING 44,792 13.9% PAVING :64 * 404 3"% LANDSCAP NIS Z3.Z5* 2l13% ru.w44w : :ex 41 mu 4 21,130 SQL YT; 100% YOUNGFtIELD STREET LAND SURVEYORS CERTIFICATE E ru.w44w : :ex 41 mu N TA ov" PLOT PLAN I KENNETH * $U*VtY(* RCOI$Ttftg* 040�4? fam in o 0* 1 0 THE STATE OF COLORADO; 00 HERESY CERTIFY THAT rmM ARE 40 ROADS, 0 IP9LfRCS.IRftI"TIO* offCNES OR OTHER EASEMENTS w • 40 IS Rx=ww=mw=====t * W* 00 0""40 * ARM jo totVV4C On X"oW% SY 1 49 TO EXIST 00 00 ACROSS THE NDWmwvrDNq t=*T*o IWILU O"CaMto PROP EXCEPT AS SNOW" 000 'M** PLAT. ; PUAT049* APPROVAL BY PLANNING, COMMISSION t'j CIERTWY THAT THOS SURVEY WAS pfRFoqMfD­'➢N, ACCORDANCE WON owftt*+ CARTIF�CATE OF Jbf_QQRK AND REgQRQER COLORADO REVISED STATUTES. CHAPTER 13t1 « ARTICLE 2. AND THAT T "= PLAT ACCURATELY REPRESENT$ SAM SVftvWY,ANO THAT ALL THIS .PLANK COMMERCIAL VIEVIELOPMEor S *"RQVgO T DAY *,0. 4*60. SY TMC Rio" OLAMINWK T*# - KIN INVESTMENT COMPANY 11443 THIS PLAT WAS FILED FOR RECORD All TT* OFFICE OF THE 49"ERSON Cou TY MONUMENTS EXIST AS SHOWN KnEom. COW135,00. W. 40T" AVE, 4:LV99 -NO RECORDER, IN THE STATE OF COLORADO, All-&-41C 0% THE WHEAT INOWt. COLO 90033 OFA,O, It$# 423-9700 ­ iN. �8. IN I I w 4 No 140 11Y THE APPROVALS COUNTY CLERK Alwo **Ac OR W. r"'S OLAA01 COMMENCIAIIL VIVIACLOVENT IS APPAQV90 IWA_LS5� of ph�.. A'm *W-gy TMVttVV WTW CITY O# WWATROW. ot V ID N TA ov" fam in o 0* 1 00 0""40 * ARM 2 Y t'j R SN WANK ` cmm Mt 2 TRACT A (10024 A ars) +#1K'1PI OY,DPCATED tM MtS PLAT TD 1M[ 01 TY 4 MI OWATPDN DEFT, 5 IcOm At USE ONLY. F / f 5 FOUND 1/4 S --' f 1 MSAZ cIw M 40AVIE. RO% J •r "•^-- CITY OF WHEAT Ili, 0 SPAM \. � DkS1�Cfi Y 71+15 PLAT ! 1 � rE. SE Cape" 75043 t �r�����}}w}}} j youlowwaz MAU O,D.P. p 0 2 S r 1'•1DD' 3. l . 1X S • •• z q .s * +M MM s • d4 c • as • # *P • • 1 t. sly' JIM s i • s1 i I / -1 m a a« a. a s y a Y OEKTPFICATE cs� 'w 4 `y 0 0 M • 1 17 qn� g °°pt t ra ittttp;�oft �'p.. ....,... ... «...«» » .. «•» ,.,.. «........., «.............,...}tL'{"pL�tL. � � � V .,? .7 is LM TL CA Lee Sand and Gravel Co, , a Colorado corporation, whose Ad is Wheat Ridge, County of Jefferson , State of Colorado , for the consideration of other goad and valuable conside°ation and ten ------- - dolliri, in hand paid, hereby sells) and convey (a) to . Adolph Coors Company, a Colorado corporation, whose address is Golden County of e €ferson , and State of Colorado the following real pmr*rty in the County of Jefferson , and State of Colorado, to wait: See Exhibit 'W' hereto attached I with all its appurtenances, and warrant(s) the title to the same, subject to taxes for the year 1971, due and payable January 1, 1972, and all subsequent taxes, deed of trust recorded in Book 2210 at page 710, Jefferson County records, which grantee assumes and agrees to pay, agreement recorded in Book 2310 at page 350, Jeffer- son County records, and any easements, rights of way and conditions of record. 17th day of November 1971 , rtes .. LEE E SAND ANP ,1J BY 'ecretary President tyr.r OF CC3LC71tAT3C?, 1 ....,,...«,......_... ......._...,....,,,.,��....,... a tr+ttt „ C , � , (ygtinty of J efferson -;The forosrfn �f trument was acknowledged before me this 17th dAy;'of rix , 19 , by Charles R. Eatchel, President and Toward K. al11n4 ,, 't '1bc etary of tee Sand and Gravel Co , a corporation. MY , June 20, 1973.> tjy Wi�#lW MY and official seal. r :i?���`��t� t'tatatory Aokwrna&de "t«—St by natural l arv” or Ve"Ong Aar* !mart nano or ban" oo i! t+r W00% rotMt W �tatlrr ar otttelat Gapetalt7 or a atfornr��e - tact then, lna *rot, barn* of pawn a ax*a'Utor attom tart or other oa ppaacclty or oaamip- tiros if by otfhatr of oorp m 04 tAaa foa*1 nama of *bah otflaor or oelosr* a tot pr*aldaat or atAor Ott of ao toara #a" +n* poratton namLar ft i4 lfi8'7. wan"tr DOW —SAM ra. --4bk itk.i.ft C.Ra tNt,* rvlfcrt Pa►IM#Eat C1a. itix -t{ Otoat VZOA. oaerar, ca"04a -4M i a,,' s " 2318 2 e o- M,s pn,awrw : #'a r'w.R..iy�il :yraT to rn cwi a: whose address is Golden County of e €ferson , and State of Colorado the following real pmr*rty in the County of Jefferson , and State of Colorado, to wait: See Exhibit 'W' hereto attached I with all its appurtenances, and warrant(s) the title to the same, subject to taxes for the year 1971, due and payable January 1, 1972, and all subsequent taxes, deed of trust recorded in Book 2210 at page 710, Jefferson County records, which grantee assumes and agrees to pay, agreement recorded in Book 2310 at page 350, Jeffer- son County records, and any easements, rights of way and conditions of record. 17th day of November 1971 , rtes .. LEE E SAND ANP ,1J BY 'ecretary President tyr.r OF CC3LC71tAT3C?, 1 ....,,...«,......_... ......._...,....,,,.,��....,... a tr+ttt „ C , � , (ygtinty of J efferson -;The forosrfn �f trument was acknowledged before me this 17th dAy;'of rix , 19 , by Charles R. Eatchel, President and Toward K. al11n4 ,, 't '1bc etary of tee Sand and Gravel Co , a corporation. MY , June 20, 1973.> tjy Wi�#lW MY and official seal. r :i?���`��t� t'tatatory Aokwrna&de "t«—St by natural l arv” or Ve"Ong Aar* !mart nano or ban" oo i! t+r W00% rotMt W �tatlrr ar otttelat Gapetalt7 or a atfornr��e - tact then, lna *rot, barn* of pawn a ax*a'Utor attom tart or other oa ppaacclty or oaamip- tiros if by otfhatr of oorp m 04 tAaa foa*1 nama of *bah otflaor or oelosr* a tot pr*aldaat or atAor Ott of ao toara #a" +n* poratton namLar ft i4 lfi8'7. wan"tr DOW —SAM ra. --4bk itk.i.ft C.Ra tNt,* rvlfcrt Pa►IM#Eat C1a. itix -t{ Otoat VZOA. oaerar, ca"04a -4M i a,,' s " 2318 2 e o- M,s pn,awrw : #'a r'w.R..iy�il :yraT 23 18 21"7 o ti..e S•', of S' 20 and o': »' cz XZ' of t e 3 Sout +I, nanG. 6J 'ttos:; of ;. ?.a C": .a:;_In at a :"oint on tho Last ri at oI ur.;v lino .:iota 1 , i% ;loin : o: C;Lt.^+;. "`o: 4.'orno'w + ;Woos said and «.✓ 33.. s ..''..ort« 7w`22'52 East, IS06.03 :co iL2'iCw which na,n is also t ,e Xo «:1'= cute ly corn or of Pid Subdivis .on; thonco C: ;4'5'; 11 2,, - .st nlonr, °: »2C NCS:. "'wht:rly line at Ridgo :`+k:b4:, ::cn, t . ;*.Co ;;or « 0 L ast, 180 foot; "::once :7OrZ:. .1584.C' 1 $3 ,« .. ^Ist, 105 foot; thence :;out. ;34'26'05 East, 165.7° fact t0 :.a .xtt Iina of . pa. Zcl Of land described in Zoo:t 759 at Pago 162 o. ti: (;:C3` my rccoz thence '..i'ot"th 1;'05'34" Vast alo: f:...iti weG ::oel .,o ti a Nlovth line of said tract described in Boo.. 7 �: 6 . 7 Bast along the North line of sr..c: .. try i. .'O€:t to t a '.`ost line of the John P. l..et: tact as _. ,cz '. :. :V'2 at a 32 5 a: said records; thcr co oz:.. ...." .Y�.a'. .. », t`a x:vat lino of said .;o: 1.� .n R. Tract, 200 feet to _,. South o: ` "earl OZ t,:e Valley Subdivision; thence :;ort U* r _,. 5 .37; fee to tno .S corner o'.'. tract of land conveyed to :_ :.-old N. Lao oy Coed recorded in Roo : 497 at Pzga S32; thence 6 "20 `.v W., 3.».":.30 fact :o the NZ cozio: of said .:�o:d N. !,Qcm t; thon so , _ `.:i:. ..r.:1 ea st, 536.:7 foot t o t%o :7ort «. -_ t,. ct-nteriin+� of said Section 20, thence North 82 38 15 West, $16.24 feet; thence South 00 32 00'" Best, 122.05 feet, thence South 72° 57' 58" Wewt, 145.09 feet; `.:!nan Soot* ': ` +s6'l3 .,e st, s«.`.+' <.Sa ."r'o'ot to 'he ._ East _.a of o ` elf Stre t, .:4nco ;south 0 East along said as:: ri „` : o.. way line, 117.00 ", ;;, mnra or less, to the point Gf o,— `.anar5, }: t po o , 't:"horeot', described as foil ws: tract be„ii nIn at the Southwesterly cor or c� ± "� tract .::: eel A haroi,- .baforo described, said point ' a point on the l" st ri2 at- of dvay line of :'ou- :field Street, f rom N point the quarter cor n1:r between Sections 20 and 29, Township 3 South, Ranf;o 69 Was'. of the 6th P JI. , bears Nort 73 ° 22 1 52 11 E ast, a distance of 1303.06" Afeet, and which point is also tt.o forth - Ilosterly cornor of Ridge Subdivision; thence North 6 ° 25' 23 Last aloe.- '-he Sou'thorly bou »nary .line of Parcel A and the Novthorly boundary line of Ridge Subdivision a dis- tanco of 495.>7 feet; thence North 0 West, parallel to the , boundary lino of Parcel A, a dist ance of 1,772.05 foot to a point; th nce South 75 West, parallel to t he . ort;.crly boundary line of .Parcel A, a distance of 462.77 foot to a point on the Vest boundary line of said Parcel A; thence South 0 E ast aloe' the k7est boundary line of Parcel A, a distance of 1,£73.25 feet to the point of be inning. To other with'a 50 Afoot :eon- e %cl::sivc easement over used across t «:o exceated Tract as described hereinabove for ingress, a ress and 't »ility lines, said 50 foot easement to run. parallel - ai..h t: e ;o line of said excepted Tract and to be located rit i : th :,_07'Zherly 150 feet of said excepted Tract, and also to Other Wit% a 55 foot non - exclusive easw::ont over and across 55.10 feet d t -a 3;,uth 80.10 foot of the excepted Tract as described here%nabovo fOr ingress, o„ress and utility lines, said easetrent to 1 >m pa,rallol to th Southerly l «na of said excepted Tract with the SO foot dir..on- s:.o;r boin, r. «easured perpendicular to the South line of said excepted j Tract....* s' - x:318 217 ;r s A w} st of t6;C "i.':. of the SIT' o* Section 20, Toewrnsalp 3 'South range aJ ' " o c >_t; ,.i« , de scribed as follows: ., c::inni :c NIT co. yew« of s aid t " of the .SI "; thar:ce S outh '='as,', 557.. foot; thence forth, 89 ° 50' last 503.57 foot, to `truc poiSlt of boginnin ^; thence- North €9 °50' East, 205 CO`; t :.;aco South 43 ° 24' test, 207.09 foot; thonco Northerly 201 feet, or less, to the true point of beginning, Co`anty of Jefferson, State of Colorado. :io East 25 foot of the South 210 foot of the North 773.7 feet of - ; 1, pearl or the Valley, to„ othor with a right- as ,s:.csontly ex -sting over the property to the 1 „0st for :.ngro: s and c r ss to the above described property from Vest :4th Avenue, a °et "er with the balance of land nocersary to give to oss and , Tast 44th Avenue to the afore- do.scri ed p:ar^col. of :land, ns accopatod by Jefferson County for road purposes, County of Jefferson, State of Colorado. ;Tact 1, EXCEPT the North 773.7 feet thereof, Pearl of the Valle,. County of Jefferson, State of Colorado. at part of the WJ of that S: of Section 20, Township 3 South, :tango CO '.oat of the 6th P.a., «, described as follows; Beginning at the intersection of the North and South centerline; of Section p'^9 and the ce terlino o;l '.Vest 38th Avenue, said pcti :t being 521..2 feet.South of the Forth quarter corner of s € »id Section 29, Township 3 South, Rango 69 tics; of the 6th P. L thence i:orth 73'34' East 222.39 feet to the true point of beginning; thence North 500 fect; thence itczt 136.31 feet; thence Forth 1425.23 feet; thence South S7 "53' East 665.33 foot; thence South 711.22 feet; thence West 250 feet; thence South 349.49 feet; thence ,East 250 font; the:co South 714.59 feet to the centerline of West 35th Avenue; thence South 76 *334' :'.cst 543.71 feet to the true point of beginning. E..copting therefrom the following parcel conveyed t%y instruments recorded in Boob 1194 at Pago 87 and Book 1194 at Page 390 described as follows: T«;c:nning at the. intersection of the North and South centorlino of Section 29 and the center- line of West 38th Avenue, said point boing 521.42 feet South of the North quarter corner of said Section 29, Township 3 South, Range 69 ',test of the 6th P.Sd.; thence North 76 ° 34" East, 222.39 feet to the true point of beginning; thence North 500 feet; thence West 136.31 feet; thence North 340.28 feat; thence deflecting; 82 0 58' right, 3418.44 Poet; thence South 51.2.4 feet; thence East 230 feet; thence South 714.59 feet to the center- line of West 38th Avenue; thence South 76"34' West, 543.71 feet to the true point of beginning. County of Jefferson, State of Colorado. Together with all water," water rights, ditch, ditch rights, reservoir and reservoir rights appurtenant to said lands, and, also all rights of grantee pur- suant to agreement recorded in Book 2310 at page 380, Jefferson County, Colorado. PRESENT ZONING: Restricted Commercial-One (RC-1) SURROUNDING ZONING: N:C-I;S:R-3;E:C-1,R-IC;W:C-1,R-3 SURROUNDING LAND USE: N: auto repair; S: Multi-family:E: convenience store, low density residential: W: commercial, multi-family COMPREHENSIVE PLAN FOR THE AREA: Single family and Existing two family (not to exceed 6 du's per acre) DATE PUBLISHED: May 28, 2000 DATE POSTED: June 1, 2000 DATED LEGAL NOTICES SENT: May 31, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS M ZONING ORDINANCE 0 SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER The prop" is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. L REQ1.3EST The applicant is requesting approval of a zone change from Restricted Commercial-One to Resident 1 a] -Two A tor property located at 3767 Harlan Street. The purpose of the request is for construction of a triplex. II. CASE ANALYSIS The property in question is 16,829 square feet in size and is currently zoned Restricted Commercial-One. The RC- I zone district is the City's least intensive commercial zoning which allows as permitted uses offices including banks and medical offices and service facilities such as beauty salons. A site plan for development has been reviewed by staff and all requirements of the R-2A zone district, landscaping and off-street parking regulations have been met. The applicant intends on living in the largest unit and renting the other two units. The R-2A zone district regulations require 4350 square feet of land area per unit or a minimum of 13,050 square feet of lot area with 100' of lot width to allow construction of a tri-plea. A four-plex would require 17,400 square feet of land area.. 111. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on May 3, 2000. There were no persons attending from the neighborhood. Attached as Exhibit 'A' is a letter of support received from an area resident (3705 Harlan), The adjacent owner of the property to the south (seven unit apartment complex) also supports the request. IV. AGENCY REFERRALS All agencies can provide service to the property. The City's Public Works Department will require a drainage report and erosion control plan prior to issuance of a building permit. Engineered construction plans will be required for the installation of curb, gutter and sidewalk along the property's frontage plus an irrevocable letter of credit for the cost of the improvements. Staff has the following comments regarding the criteria used to evaluate a change in zoning: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property has Restricted Commercial-One zoning. There is no mistake on the zoning map. fl a 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. lVest 38� Avenue is designated as a Class 4 (commercial collectm)street and carries over 14,400 vehicles Ilel 0,1% (1997 count). The 38' Avenue corridor is one which continues to develop commercially. Harlan is classified as Class 5 (minor neighborhood collector) street. The neighborhood to the west and southwest is a rnix of commercial, multi-family, duplex and single family uses. Aside from the existing 7 -plea to the south, the neighborhood to the south and southeast is generally composed of small single family homes built in the 1950's. There is no obvious change in the character of the area which impacts developability of the property. 3. That 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, comprehensive land use plan and other related policies or plans for the area. 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. 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. Construction of three dwelling units will result in a traffic increase on Harlan of less than 30 vehicle trips per day. This figure would be substantially more if the property were to develop commercially. The issue of drainage will be addressed by a drainage plan and report reviewed as part of the building permit process. Construction of a commercial structure would have a greater impact on the amount of light and air to adjacent properties than the 8. That the property cannot reasonably be developed under the existing zoning conditions The property can be reasonably developed under the current zoning. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There is no R-2A zoning in the immediate area. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. It is impossible for staff to ascertain whether the zone change would fill a void in services, products or facilities, VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-00-04, an application by Edwin Gibson for approval of a zone change from Restricted-Commercial One to Residential-Two A for property located at 3767 Harlan Street, be APPROVED for the following reasons: Option B: 1 move that Case No WZ-00-04, an application by Edwin Gibson for approval of a zone change from Restricted-Commercial One to Residential-Two A for property located at 3767 Harlan Street be DENIED for the following reasons: I. 2, 3." e:\plannmg\fbrms\repurt r CITY OF WHEAT RIDGE NOTICE 0 F NEIGHBORHOOD INPUT MEETING FOR REZONING The City of Wheat Ridge has ado # a reg irement is to allow the n iher use. or for 411'residents within 600 feet And invite them to a Neighborhood Input Meeting. The purpose for this .•# # # # P ## # #t R ## # # # # M• P #R # # t., meetin # #t c oncerns their t im partial A Staff Planner will attend the meeti%� to discuss Cioyolicp and re, will remain # ing viability of p roject, Keep in mind that this is not a public hearing, # # # # M #: # Althou ..t City Council where decisions are rendered, If you want input in the decisi on - making process #.. #.. # the publi concerns, issues or • # re proposa P # gi i to t appl icant, is r equ i red to prov t f ortris to t Ci a A � } \ �� 2 �aa.; .w� �, §/ !�� \ � : � \4� \� � {�� /\ . !� _ : . . \.�\� �� �� \ \..f m 'it I� k, C �t t y y � i R r t w w I-- I z C-4 W w� 6I C14 Z W zU) -a o C) V) o� 00 m 'it I� k, C �t t y y � i R r t w w I-- I z C-4 W w C14 Z W zU) Owe o� 00 wz v; i Oct n.ar M r W 133US NVIMVH 5 P 1n c a Po a `� ► A S s+z'� A"'= l.ff ,a � s3r+t't A1I'tT2n M+.a aa3H W c� o z o 0 LL z 0C4a: o xz J F (0 �• Z) N �! owto 16 W 5 I (Lz JX T W .w..o,�.. 0 5 J�j W Wzu UW a F w owv) {� < W-1 Zp P o P /} � U ) 6 y W .. t` < z. `„ SWI A lIlln QY3H C — S3NII A U CIV3H.O loz * *Z { r Plannina and Development Department 7,500 West 24th A% enue, Wheat Ridge, CO S0033 Phone 1303) 235-2846 M Location of request (address) M3 M Type of action requested (check one or more of the actions listed below which pertain to your request.) i4 r.14�19WJE Fill out the following information to the best of your knowledge. M Size of Lot (acres or square footage), Current use- Jz Proposed use: Assessors Parcel Number: I certify that the information and herewith submit I t - e - d are true and correct to the - best of - my'" and that in fi this application, I am acting with the knowledge and consent of those persons listed above, without whose, requested action cannot lawfully be accomplished, Applicants other than owner? must subm from the owner which approved of this action on his behalf, (''ey Date rece�v'�d Receipt N4V--9aAA- Case • Related Case No. Zoning Quarter Section Map LAND USE CASE PROCESSING APPLICATION Plannina and Development Department 7,500 West 24th A% enue, Wheat Ridge, CO S0033 Phone 1303) 235-2846 M Location of request (address) M3 M Type of action requested (check one or more of the actions listed below which pertain to your request.) i4 r.14�19WJE Fill out the following information to the best of your knowledge. M Size of Lot (acres or square footage), Current use- Jz Proposed use: Assessors Parcel Number: I certify that the information and herewith submit I t - e - d are true and correct to the - best of - my'" and that in fi this application, I am acting with the knowledge and consent of those persons listed above, without whose, requested action cannot lawfully be accomplished, Applicants other than owner? must subm from the owner which approved of this action on his behalf, (''ey Date rece�v'�d Receipt N4V--9aAA- Case • Related Case No. Zoning Quarter Section Map