HomeMy WebLinkAbout04/05/2012City of
A he at Rjidge
AGENDA
April 5, 2012
10 F al VYMM
Commission on April 5,2012, at 7:00 p.m., in the City Council Chambers of the Niunicipal
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 iveek in
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4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
....... ....
J�I
6. PUBLIC FORUM (This is the time for any person to speak on any subject n
appearing on the agenda. Public comments may be limited to 3 minutes.) i
A. Case No. MS-12-01: An application filed by William J. Starker for a 4-lot
consolidation plat for property zoned Commercial-One (C-1) and located at 5561
West 29th Avenue.
1.
9
The meeting was called to order by Chair BUCK
Chambers of the Municipal Building, 7500 West
Commission Members Present:
p.m. in the City Council
Wheat Ridge, Colorado.
Meredith Reckert, Sr. Planner
Lauren Mikulak, Planner I
Mark Westberg, Projects Supervisor
Ann Lazzeri, Recording Secretary
members of the Commission: Amanda Weaver
(District Four.)
Maw
111altyal
S. APPROVAL OF MINUTES — February 16, 2012
It was moved by Commissioner MATTHEWS and seconded by Commissioner
TIMMS to approve the minutes of February 16, 2012 as written. Motion carried 5-0
witb Commissioners DURAN, GUILDNER and WEAVER abstaining.
Planning Commission Minutes - 1 — March 15, 2012
CALL THE MEETING TO ORDER
91
M
There were no members of the public present.
A. Case No. WZ-12-01: An application filed by the City of Wheat Ridge for
approval of a zone change from Agricultural-One (A -1) to Public Facilities (PF)
for property located at 1 121 0 West 45"' Avenue.
Mark Westberg
City of Wheat ffidge
Mr. Westberg addressed
• In regard to, the , A66dp,Jain questiso0s, he, staled te new fl oodplain maps are to be
-soil facility that houses
11 Or
adopted byy'FE'MA in of tllis' el Park
operationsw,,� then b&I'tritirely in 'odplain. 'However, storage space for
fertilizers, eta:: t11 be toj*pd outsWt floodplain.
all buildings will be one-story with the
,h will be two stories.
"ti Bard to questift about 66�, g hborhood concerns, Mr. Westberg stated that one
per o asked if "b&up beeping' on trucks could be turned off. He explained that
this c"W be done.
Laiidscapin""'g",,,",, from ditch water rights. The ditch is a lateral from the
Bayou Ditch, grasses will be planted to keep maintenance low. They will be
watered until t nts are established.
# The one-foot "spite strip" on W. 46 `x' Avenue will be used for emergency access.
Perimeter landscaping will consist of vertical vegetation, e.g. trees, to reduce the
impact of buildings.
Since moving the existing municipal maintenance facilities to a new location proved
to be cost-prohibitive, expansion was decided upon. Since the City proper is not
Planning Commission Minutes - 2 -- March 15, 2012
expanding and the proposed facility will provide adequate room for all functions,
there is no need for any future expansion.
0
There were no members of the public present. Chair BUCKNAM closed the public
hearing.
It was moved by Commissioner GUILDNER and seconded by Commissioner
BRINKMAN to recommend approval of Case No. WZ-12-01, a request for approval
of a zone change from Agricultural-One to Public Facilities, for property located at
t�
1 12 1 U West 45 Avenue (Pumpkin Patch Subdivision, Lot 2), for the following
reasons:
Motion
Meredith Reckert referred to an article in Connections regarding the 38"' Avenue Master
Plan. The article also mentions the Best Small Project Award received by the City from
the Colorado Chapter of 'TS (Women's Transportation Seminar) for the Master Plan.
Planning Commission Minutes - 3 — March 15, 2012
F1
11 f
Pr#TFrTIvq.Tjvr%r 9
O's rw#Tl Not m.
Alan Buck nam, Chair
Planning Commissim Minutes -4— March 15, 20312
City of
" Wheat �gc
COMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Meredith Reckert
DATE OF MEETING: April 5, 2012
CASE NO. & NAME: MS -12 -01 /Starker
ACTION REQUESTED: Approval of a four lot consolidation plat on C -1 zoned property
LOCATION OF REQUEST: 5560 W. 29` Avenue
PROPERTY OWNER: William Starker for Walrus 5560
PRESENT ZONING: C -1, Commercial -One
CURRENT USE: Single family residence, converted retail building
ENTER INTO RECORD:
SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS
ZONING ORDINANCE DIGITAL PRESENTATION
29THAVE - --- __ ..-- ---
_ r
ua _ t_
ir7-
SITE
Planning Commission
MS -12 -O 1 /Starker
V
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
5560 West 29` Avenue. The purpose of the request is to remove internal property lines to
accommodate building remodel and expansion.
Lot consolidations for 5 lots or less follow the minor subdivision process; therefore, Planning
Commission will be the final authority for this land use process.
II. EXISTING CONDITIONS
The site is located at 5560 W. 29 Avenue on the southeast corner of W. 29` Avenue and Depew
Street. The property is zoned Commercial -One (C -1) and is 13,373 square feet (0.3 acres) in size
being made up of four separate lots that are each 25 feet by 133 feet. Because the city does not allow
new construction on multiple parcels, a consolidation plat is required. (Exhibit 1, Aerial photo with
existing lot lines)
There are currently two primary structures on the property. On the east side of the lot is a one - story,
stucco and brick commercial building that is located at the front property line. It was constructed in
1930 and is 1,292 square feet in size.
On the west side of the property is a one - story, single- family residence that has a floor area of
1,008 square feet. There are two sheds on the property and an unimproved driveway on the east side
of the house. An unimproved parking pad is located adjacent to Depew Street along the western
property line. A fence currently separates the commercial and residential uses. An alley runs along
the east side of the property —the alley is currently not City right -of -way, but the plat document will
formalize an easement.
The property is surrounded by a variety of commercial and residential uses. To the east and west are
properties that are also zoned C -1. Across Depew Street to the west is a neighborhood shoppette that
includes several small businesses including Wheat Ridge Poultry & Meat. To the north and south are
properties zoned Residential -One C (R -1C) that contain single family homes.
The property owner intends on demolishing the single family residence and expanding the commercial
structure for a restaurant. As the existing zoning on the property allows eating establishments, no
other land use case approvals are required except for a building permit.
III. PROPOSED SUBDIVISION PLAT
The proposed plat will consolidate the property from four lots into one lot (Exhibit 2, Plat).
No right -of -way dedications are required for 29` or Depew. The public alley to the east is being
reserved as an easement in the amount of 8'.
A proposed stormwater pond easement is being shown which will accommodate site drainage.
Planning Commission 2
MS -12 -01 /Starker
Staff concludes that the proposed consolidation plat is compliant with Article IV of the zoning and
development code.
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 with the building expansion. Specific referral responses follow.
Xcel Energy: Can serve.
Wheat Ridge Water: Can serve.
Wheat Ridge Sanitation District: Can serve.
Wheat Ridge Fire: Can serve.
Wheat Ridge Public Works: The Public Works Department has reviewed and approved the
proposed plat. An easement dedication for the alley is being required. They have reviewed and
approved a drainage report for future construction which is being accommodated by the plat.
Wheat Ridge Police: No concerns.
Wheat Ridge Economic Development: No concerns.
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 of Case No. MS- 12 -01.
VI. SUGGESTED MOTIONS:
Option A: "I move to APPROVE Case No. MS- 12 -01, a request for approval of a four lot
consolidation plat on C -1 zoned property located at 5560 West 29` Avenue, 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."
Option B: "I move to DENY Case No. MS- 12 -01, a request for approval of a four lot consolidation
plat on C -1 zoned property located at 5560 West 20 Avenue, for the following reasons:
1 11
Planning Commission 3
MS -12 -01 /Starker
Aerial Photo
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EXHIBIT 1
LEGAL DESCRIPTION AND DEDICATION:
WALRUS 5560 LLC, BEING THE OWNER OF REAL PROPERTY CONTAINING 13,300 SQUARE
FEET OR 0.3053 ACRES DESCRIBED AS FOLLOWS:
LOS 37, 38, 39 AND 40, BLOCK 4 LAKESIDE RESUBDIVISION OF BLOCKS 1 TO 7 AND
THE NORTH HALF OF BLOCK 8 IN THE ORIGINAL PLAT OF LAKESIDE
IN THE SE 114 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST %4 CORNER OF SECTION 25, T3W, R69W; THENCE
S42 °58'09 "W A DISTANCE OF 1857.52 FEET TO THE NORTHWEST CORNER OF SAID LOT
40, WHICH CORNER IS THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY LINE OF
WEST 29TH AVENUE AND THE EASTERLY RIGHT -OF -WAY LINE OF DEPEW STREET AND
WHICH CORNER IS ALSO THE TRUE POINT OF BEGINNING; THENCE N89 °47'24 "E ALONG
THE NORTH LINE OF SAID LOT 40 AND ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE
OF WEST 29TH AVENUE, 133.00 FT. TO THE NORTHEAST CORNER OF SAID LOT 40,
FROM WHICH CORNER THE EAST 1 CORNER OF SAID SECTION 25 BEARS
N39 °49'36 "E, 1769.17 FT.; THENCE LEAVING THE SOUTHERLY RIGHT OF WAY LINE OF
WEST 29TH AVENUE, SOO "14'19 "F_ ALONG THE EASTERLY LINES OF SAID LOTS 40, 39,
38 AND 37, 100.00 FT. TO THE SOUTHEAST CORNER OF SAID LOT 37, FROM WHICH
POINT THE SOUTHEAST CORNER OF SAID SECTION 25 BEARS S44`15'50 "E, 1644.50 FT;
THENCE S89 °47'24 "W ALONG THE SOUTHERLY LINE OF SAID LOT 37, 133.00 FT. TO
THE SOUTHWEST CORNER OF SAID LOT 37 WHICH POINT IS ON SAID EASTERLY RIGHT
OF WAY LINE OF DEPEW STREET; THENCE N00` 14' 19 "W ALONG SAID EASTERLY RIGHT OF
WAY LINE OF DEPEW STREET AND ALONG THE WESTERLY LINES OF SAID LOTS 37, 38,
39 AND 40, 100.00 FT TO THE NORTHWEST CORNER OF SAID LOT 40, WHICH CORNER
IS THE TRUE POINT OF BEGINNING.
HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREIN
CONTAINED UNDER THE NAME AND STYLE OF STARKER SUBDIVISION, A SUBDIVISION OF
A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO
DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL
PROPERTY SHOWN AS RIGHT -OF -WAY, AND DO FURTHER DEDICATE TO THE CITY OF
WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND /OR MUNICIPALLY FRANCHISED
UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS
FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE
AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS,
STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL
APPURTENANCES THERETO.
OWNERS:
WALRUS 5560 LLC
730 KALAMATH ST
DENVER, CO. 80204
BY: WILLIAM J. STARKER, MANAGER
NOTARY
COUNTY OF )
STATE OF )
The foregoing instrument was
acknowledged
before me this
day
of
2012
A.D. by WILLIAM J.
STARKER.
Manager of Walrus 5560 LLC.
WITNESS my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
II I
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7
BLOCK 5
LAKESIDE
BOOK 2, PAGE 1 O
RECEPTION #24505
0
52 / WEST 29TH AVENUE rQ
LOT 5 1S / ( o
BLOCK 9
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OLINGER GARDENS 5 g Og �/ w Lij
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OOK 3, PAGE 30 �2 w ctf
RECEPTION #19112516 5 ,/ Of (n
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WEST 26TH AVENUE
ST 29 TH AVEN / I VICINITY MAP
F - -- - - - -- - - (70' R.O.W.) - — - — -- - — - - - - - -- - - - -- - / I NOT TO SCALE
/
/ I
TRUE POINT
OF BEGINNING /
LN89 133.00' A z
co
LOT 1, BLOCK 1 LOT 40 1 0� zoN °D c -1
° S TARKER SUBDIVISION l Z SURVEYOR'S CERTIFICATE;
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C -- rn I, EDGAR B. JENNINGS, DO HEREBY CERTIFY THAT THE SURVEY OF THE
R 13,300 SQ.fT. 1 m
41 BOUNDARY OF STARKER SUBDIVISION WAS MADE BY ME OF UNDER MY
0.3053 AC. i to
5560 W. 29TH AVE. ° DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION
O AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES,
LOT 39 rn m LOT 2 CURRENT REVISED EDITION AS AMENDED, THE ACCOMF? � PLAT
�y ZONED C -1 ACCURATELY REPRESENTS SAID SURVEY. <;;>
rq o 15.00' 15.00, CIO 0 R
rn
����• �, E� . 5
rs N89`45'36 "E --
mz
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° 07 � - — 1 ° z LOT LINES HEREBY q BLOCK 4 m 4�3 �- C� L
5'.24' o _P1 � °< REMOVED BY THIS PLAT b 6 LAKESIDE
N89 °4536 "E Imo h �� -R LOT 38 �n o 6 LOT 3 BOOK 2, PAGE 10A
L 23_ j 00' _ rn a ` C7 ZONED R -1 C RECEPTION #24505 EDGAR B. JENNINGS,
9° ° ' 9
N845'36 "E ( I o m PO BOX 200662, DENVE 220
-- -- - -- - - - - -- ( 303- 388 -1867
38.00'
o zo N89 °45'36 "E
Ta o STORMWATER DRAINAGE
N 0) EASEMENT HEREBY oT s7 (l;: LOT 4 PLANNING COMMISSION CERTIFICATION:
t, DEDICATED BY THIS PLAT ZONED R -1 C
20.24' G — _ . i APPROVED THIS DAY OF , 2012, BY THE
S89 9 47 24 W 133. A A c WHEAT RIDGE PLANNING COMMISSION.
L07 36
ZONED R -1C
I
BLOCK 4
LAKESIDE
BOOK 2, PAGE 1 OA
RECEPTION #24505
1. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE SE1 14, SECTION 25, T3S, R69W AS BEING NO PER CITY OF WHEAT RIDGE DATUM, AND MONUMENTED AS SHOWN
2. PER COLORADO REVISED STATUTES SEC. 38 -51 -1061 ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE IN U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S.
SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
3. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORIES, COMMITS A CLASS TWO (2) MISDEMEANOR
PURSUANT TO STATE STATUTTE 18 -4 -508, C.R.S..
4. NOTICE: ACCORDING TO COLORADO STATE LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU DISCOVER SUCH DEFECT.
IN NO EVENT, MAY ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
5. THE SOUTH RIGHT -OF -WAY LINE FOR WEST 29TH AVENUE WAS ESTABLISHED USING FOUND MONUMENTS WITHIN OLINGER GARDENS SUBDIVISION. SAID MONUMENTS DO NOT MATHEMATICALLY AGREE
WITH FOUND SECTION CORNERS.
6. THE STORMWATER QUALITY AREA SHOWN HEREIN AS A 'STORMWATER DRAINAGE EASEMENT" SHALL BE MAINTAINED BY THE OWNERS OF LOT 1, BLOCK 1, STARKER SUBDIVISION, ANY SUBSEQUENT
OWNERS, THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HAVE THE
RIGHT TO ENTER SUCH AREA AND PERFORM NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE SHALL BE
CONSTRUCTED WITHIN THE STORMWATER DRAINAGE EASEMENT AND NO CHANGES OR ALTERATIONS AFFECTING THE HYDRAULIC CHARACTERISTICS OF SAID STORMWATER QUALITY AREA SHALL BE MADE
WITHOUT THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.
7. THE ZONING OF THIS PROPERTY IS C - I.
8. THE BEARINGS AND DISTANCES SHOWN ON THIS PLAT ARE CONSISTENT WITH THE CURRENT CITY DATUM, WHICH IS DEFINED AS FOLLOWS:
A. THE CURRENT CITY DATUM USED IS A GROUND -BASED MODIFIED FORM OF THE NAD83192 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502.
B. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).
C. GROUND TO GRID COMBINED SCALE FACTOR IS 0.9 9 9 74 78 03, SCALED FROM BASE POINT PHACI (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83192 STATE
PLANE COORDINATES: PHAC I: NORTHING: 1701258.75, FASTING: 31 18217.58, ELEVATION: 5471.62.
9. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COLORADO CENTRAL APS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL
ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL
SUBCOMMITTEE (FGDC- STD - 007.2 - 1998).
LOT 5
\ ZONED R -iC
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SE CORNER SEC. 25
T. 3 S., R. 70 M
3.25" ALLOY CAP IN RANGE BOX
LS #24949
C.O.W.R, CONTROL POINT #16973
N 700571.77'
E 126401.27'
CASE HISTORY
MS -12 -01
CHAIRPERSON
CITY CERTIFICATION:
APPROVED THIS DAY OF,
CITY OF WHEAT RIDGE.
CITY CLERK
DIRECTOR OF COMMUNITY DEVELOPMENT
DIRECTOR OF PUBLIC WORKS
2012, BY THE
MAYOR
RECEPTION NUMBER
Accepted for filing in the office of the Clerk and Recorder of Jefferson
County, at Golden Colorado on this ------- day of ------------
2012, at -- ------- O'clock.
JEFFERSON COUNTY CLERK AND RECORDER
BY:
DEPUTY CLERK
PLAT PREPARED 2 -1 -12
FIRST REVISION 3 -5 -12
SECOND REVISION 3 -21 -12