Loading...
HomeMy WebLinkAboutMS-95-2~~ The City of ~1Vhe at ADMINISTRATIVE PROCESS APPLICATION Rid e Department-of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~~,Jr~~~,.~2~~p~~,~Address ~~~ A1c'_e,J~~ivt~ Phone~~J Owner ~ f'~ ,~ I r ./v ~L--~~f -AAddres s~`~j/Y ,/~~ r~a vu ~ .~ -°hone~ ~Q'~a/~/~ Location_of re-quest __, Type of action requested (check one or more of the actions listed below _ which pertain to your request.) Change of zone or zone conditions Variance/Waiver- Site development plan approval Nonconforming use change Special=use permit Flood plain special exception Conditional use permit Interpretation of_code Temporary use/building permit _- Zone line modification Minor subdivision Public Improvement Exception ... Subdivision Street vacation- 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mine'raI extraction permit for specific requirements. ^ Other Detailed Description of -request_'"~W;~ G~ f S~~ /~r~j~,~ ~'~i~,t] .__ List all persons and companies who-hold an interest in the described real property, as owner, mortgagee, lessee; optionee, etc. NAME ADDRE4~S PHONE ~/~n )1~ ~G/Z~- l~r~Gt ~r~C~ ~~j~ ~~^s-~ I certify that the information and exhibits herewith submitted are true and correct to the best_of my knowledge and that in filing this application, 2 am acting with the knowledge and consent of those persons listed above, without .whose consent the requested actior, cannot lawfully"be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of-this action on his behalf. Signature of -Applicant,- ~~ ~~, ivr/JDA.te.~ Su~~i~,ed and sworn to me this da of , 19 ~ __ <'21 ,. 19' ,',YT~~ .,4' Notary Public ~s~ /mil ~/ ~/~ r° My commission expires !~"~'G/~ .,;~ Dat~`,`[jec~~~~' f,'•' ~- -gyp _.4~r~ Receipt No. x/2'3 Case No. -.,..<.: 7500 WEST 29TH AVENUE P O BOX 638 _ - ---- - The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~Rldge February 27, 1995 The Wheat Ridge Department of Community Development has received a request for Approval of a two-lot minor subdivision -- r - at the property described Blow. Your response to the following questions and any comments on this proposal. would be appreciated by Ma h ~5 1995 No response from you by this date will_constitute no objections or concerns regarding this proposal. CASE NO: MS-95-2/Faith Bible Chapel LOCATION: 3010 Newland Street REQUESTED ACTION: Approval of a two-lot minor subdivision in an R-1 zone district PURPOSE: Sale of single-family residence currently on property APPROXIMATE AREA: 1.5 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines availabl@ to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to.//~"~G2G~~'.~~ M. RP~kPrt ' Department of Planning & Development DISTRIBUTION: _ X Water District (Consolidated Mutual Jefferson Co. Health Dept. X Sanitation District (Wheat Ride Jefferson Co. Schools X Fire District (Wheat RidXje Jefferson Co. Commissioners Adjacent City ( ) Denver Water Board X Public Service_ Co. X W R Post Office X US West Communications W R Police Dept. State Land Use Commission X_ W R Public Works Dept. State- Geological Survey W R Parks & Recreation Com. Colorado Dept. of .Transportation W R Forestry Div. Colorado Div. of Wildlife W R Building Div. X TCI of Colorado <pc>referralform so i~,,,,~„~~,,,,, 7500 WEST 29TH AVENUE ~ ~e City of P.O. BOX 638 WHEAT RIDGE. CO SD034-0638 -:_: ,(303) 234-5900 - ~hed} City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 `'Ridgell February 27, 1995 The Wheat Ridge Department of Community Development has received a request for Approval of a two-lot minor subdivision at the property described below. Your response to the following questions and any comments,'on',~hs'pi'oposal would be appreciated by MSS. 1995 No response fromyou by .'this date will constitute no objeotions or concerns regarding thi~~p~~;~osal`.," CASE NO: MS-95-2/Faith Bible Chapel ,_n., n~ LOCATION: 3010 Newland Street ~~",; ~~ ,~ ,~f~ REQUESTED ACTION: Approval of a two-lot minor subdivision,ri'~._ah R-1 ._,i zone district PURPOSE: Sale of single-family residence currently on property APPROXIMATE AREA: 1.5 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES / NO If "NO", please explain below. 2. Are se~ice lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES ~ NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES / NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~a L,eKC,erus ~c~,a.~wad Please re 1 to: /Llic~a~'~/~Z~L~ 3 2 qs' P Y ~ ~--~- M. Reckert ' Department of Planning & Development DISTRIBUTION: X water District (Consolidated Mutual X Sanitation District (Wheat Ridk3e X Fire District (Wheat Rid}7e Adjacent City ( ) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife X TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board X W R Post Office W R Police Dept. X W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. '<pc>referralform MRR 7 '95 6:18 FR~ PSCO Public Service Company of Colorado ~'th Avenur Service Cantor Our PAX Number; {303) To Company: Attention/phone: PAGE.001 lO. FAX Numbsr. Number of pages Including cover sheet:i i t Prom:/Phone: Data:/Time: ~ ~~ - `~ MESSAGE: p ~~+• cnws~n i`omnanv acknoMledges receiat of the folloNing W r not able to res nd by the projected duo date.' ile are mi in the ro sed lot laps for conflict and will send a response u on com tetion. Public Service' pubGC St MCC CwePc~Y d Cgipndo ~ :701 w 9! A~cnvc ~ pcnoer. Cobld0lo20N111 ** TOTAL PAGE.001 ** m Public Service° March 20, 1995 City of Wheat Ridge 7500 West 29th Ave. P. O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company acknowledges receipt of ponrosarwea Company of Colorado 2707 W.7th Avenue Denver, CO 80204-4174 .. CITY QF WNEAT RIDGE ~ ~~~,~ t~AR 2 4 1995 ` ~~u tPiANNING & DEVELOPM~N~ Faith Bible Chanel # MS-95 2 PROJECT TITLE We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter, please contact me on 571-3735. Sincerely, ~~~~ ~~~ Teresa Wilson MEMORANDUM ~ Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer, DATE: March 2, 1995 SUBJ: 3010 Newland Street, MS-95-2/Faith Bible Chapel The Public Works Department has reviewed the referral for the above reference project and has the following comments: 1. We will need a minimum 10-foot by 10-foot triangular~ease~ept dedicated at the corner of Newland Street and West 30th Avenue in order to facilitate the radius area needed for a future handicap ramp. Chuck Braden is in the process of obtaining this easement, along with plat review comments, through the project consultant BJI Surveying. gwk cc: Glen Gidley, Community Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician File rr~~ J ~,~ March 3, 1995 ~iT!;' OF WlJEAT RIDGE -~- _._r~~~n~ t~~AR ~ ~ 1SS5 ~~,~~~ ~1 Ms. Meredith Reckert Planning and Development Department City of Wheat Ridge 7500-West 29th Avenue Wheat Ridge, Colorado 80215. _ _ _. - Re: City of Wheat Ridge Case Number MS-95-2/Faith Bible Chanel, 3010 Newland Street,. proposed "Faith. Bible Chapel West Subdivision", a Two-Lot Minor Subdivision in an R-1 Zone District Dear Ms. Reckert: This will acknowledge. receipt of your correspondence dated February 27, 1995 regarding ,the above referenced property. .Please be advised that.-the above referenced property is in an area serued_by The Consolidated Mutual Water. Company by virtue of a Distributor'-s .Contract with. the. Denver Water Board. Domestic water service may be provided to .this _, property. subject to compliance with the Company's rules, regulations and requirements for-such service as well as-the water tap allocation policies as established by the Denver - Water Board. The Company's -rules, regulations and requirements further require that each separate structure be served by a separate tap and meter, and in order. to. receive domestic. water. service, t..e property must aisa front a Company main. If the future planned use of this .property is within any of the above categories, the owner, engineer or architect should contact this office as soon as possible so that we may determine what water system improvements will be needed to_ serve this property. _ . Fire protection requirements should be obtained from the Wheat Ridge Fire Protection ._ District -and .those requirements forwarded to .this office by the Fire District at. the earliest .possible. time. We can then determine if additional system improvements would be required.to meet_the demands set forth by the Fire District. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27[h Avenue P.O. Bay 150058 Lnkewzmd, Colorado SOZ15 Telephone 338-0-F57 Fax ?i7-5560 Ms. Meredith Reckert City of Wheat Ridge. March 3, 1995 Page 2 If you have any questions or comments .regarding this correspondence, please contact this office. MEQ:jl Sincerely, ~~~~~~~ , Michael E. Queen Water Distribution Manager cc: David Townsend, Faith Bible Chapel (Applicant) Dave Roberts, Wheat Ridge Fire Protection District Walter Welton, PLS/PE,. CMWCo President John Allen, CMWCo Engineer. 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 City Admin. Fax k 234-5924 March 17, 1995 Police Dept. Fax ~ 235-2949 •e City of ~1Vheat Ridge Mr. David Townsend Faith Bible Chapel West 3010 Newland Street Wheat Ridge CO 80033... Dear Mr. Townsend:- I have reviewed your request for approval of a two-lot subdivision at 3010 Newland and have noted that the following items must be added to the plat or addressed otherwise: 1. Case history box with the following case number in it: MS- 95-2 2. .Signature block for the City Director of Planning and Development 3. Fsxisting structures should be shown 4. A 10-foot by 10-foot radius needs to be dedicated at the street intersection for right-of-way purposes 5. What is the ingress/egress easement for? This needs to be clarified. 6. There are apparent problems with the legal description which need to be corrected. I believe Chuck Brayden (in our Public Works Department) has been in contact with the plat preparer. - 7. Address and phone number of owner and surveyor Attached are referrals from outside agencies. There appear to be no outstanding issues. This',case is scheduled for Planning Commission public hearing on. April 6, 1995. Please have the corrections made and submit 12 copies of the revised drawing to me by March 20 for distribution for the public hearing. If you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, ~~~~~t~ Meredith Reckert Planner . MR:slw cc: AMC-95-2 Bruce Bertsch, BJI Surveying ii lrao Mli~„p., f. - . NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on April 6, 1995 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. -Case No. M~-95-2~ An application by David Townsend for Faith Bible Chapel West for approval of a two-lot minor subdivision on R-1 zoned land located at 3010 Newland Street. Said property is legally described as follows: A part of Lot 3, Block 2, Henderson's Subdivision Amended Plat, situated in the southwest one-quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the southwest corner of said Lot 3, Block 2; thence north 00°16'31" west along the west line of said Block 2, a distance of 162.44 feet to the south line of Longs Subdivision; Thence along said south line, north 89°41'22" east, 400.00 feet; thence south 00°16'31" east, 162.34 feet to the south line of said Block 2; thence along said south line, south 89°40'30" west, 400.00 feet to the Point of Beginning. 2. Case No. WZ-95-5: An_application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 10241 West 38th Avenue and 3975 Miller Court. Said property is legally described as follows: ~- ~ - Apart"of"the south 1/2 of the SE1/4 of Section 21, Township 3 South, Range 69 West. of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south line of said SE1/4 whence the SE corner of said Section 21 lies N 89°12'43" E 781.62 feet; Thence along said south line S 89°12'43" W 539.38 feet; Thence leaving said south line N 00°11'48" W 569.42 feet; Thence S 89°24'00" W 249.01 feet; N 00°11'48" W 730.02 feet; Thence N89°24'00" E 249.01 feet; Thence N 00°11'48" W 20.00 feet to the north line of said S1/2 of the SE1/4; Thence along said north line N 89°24'00" E 661.79 feet,to the east line of said SE1/4 of Section 21; Thence along said S 00°08'23" E 1169.29 feet; Thence leaving said east line S 59°25'42" W 137.00 feet; Thence S 01°59'59" W 80.04 feet to the Point of~Beginning containing 1,039,788.59 sq. ft. (23.870 acres), more or less. This case also involves a request for approval of a final development plan for property zoned Planned Residential Development located at 10241 West 38th Avenue. Said property is legally described as follows: A part of the south 1/2 of the SE 1/4 of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning at a point on the south line of said SE1/4 whence the SE corner Section 21 lies N 89°12'43" E 781.62 feet; Thence along said south line S 89°12'43" W 539..38 feet; Thence leaving said south line N 00°11'48" W 794.63 feet; Thence S 89°24'00" W 249.01 feet; Thence N 00°11'48" W 504.82 feet; Thence N 89°24'00" E 249.01 feet; Thence N 00°11'48" W 20.00 feet to the north line of said south 1/2 of the SS1/4, Section 21; Thence along said north line N" 89°24'00" E 661.79 feet; Thence leaving said north line S 00°08'23" E 1169.29 feet; Thence S 59°25'42" West 137.00 feet; Thence S 01°59'59" W 80.04 feet to the Point of Beginning, containing 22.583 acres, more or less. 3. Case No. WV-95-3: An application by St. Ives Realty for approval of a right-of-way vacation for an unused portion of Miller Street running between West 41st Avenue and West 39th Avenue extended. Said right-of-way is 794.63 feet long and was dedicated pursuant to deeds recorded in Book 1217 at Page 195 and 196 and a deed recorded in Book 893 at Page 216 of the Jefferson County Recorders's office. ndra Wiggi Secretary ATTEST: Wanda Sang, City Clerk To be. Published: March 23, 1995 Jefferson Sentinel C:\WP60\pc\4695.PHN °• -sc~ `..~es ~ zs~h ~.. Ev~~E The City or ?.O. SOX"o36 WHEAT RIDGE. C....;~3=-vc3E - -_ ----- _ C~~ 71.. ea} ' CiN Aamin. Fex ~ 23--5924 ~- Police D~eo:. Fzx a 235~zc-g _ V~Y lildgel POSTING CERTIFICATION CASE NO. /~')S "9~'"Z PLANNING COMMISSIOJN~ - /CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: '7 '/~' - ~~ _ ~-- _ i I, residing at n a m e a d a r e s s as the applicant for Case No. ~~.5 ~/,jam Z hereby certify that I have posted the Notice of Public Hearing at (1 o c aJJ t 1 o n) on this ~ day of -~'yJ~ ~l'- {1 _, 19 ~, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public.-hearing of this case. The sign was posted in the position shown on the map below. Signatur ~(S~GcrrCLw~, `/ NOTE: This form must be submitted at the public hearing on this case. and will be placed in the applicant's case file at the Department of Planning and Development. <pc> rev: c -5•~0 WEST 29TH AVE\UE ~.o. sox s3s The City or '.'JHEA7 RIDGE. CC °C~3--Go33 13031 234-5200 - ~}~ eat J;;y Admin. Fax # 23~-552- ?olice Dept. Fax ~ 235-^29-2 Ridge March 23, 1995 This is to inform you that Case No. MS-95-2 which is a request for approval of a two-lot minor subdivision for property located at 301.0 N wand r will be heard by the Wheat Ridge pia,,,,;,,g (`omm;ca;on in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.m. , on -Apr;l 6, 1995 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the ~].anning Commission As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform .~ ~. Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat. Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is-responsible for holding an informal neighborhood meeting. The purpose. of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- ,making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner -~_, ~: ~'0 __ l , _ _ __ i. - _ vw~.- `~~,~,~ ~a-~ry _ i =: i,l ~ - ~ CfiY OF WHEAT RIDGE PLANNING DNISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 6, 7995 DATE PREPARED: ~~M~~arch 29, 1995 CASE NO. & NAME: MS-95-2(Faith Bible Chapel West CASE MANAGER: V'Meredith Reckert ACTION REQUESTED: Two-lot subdivision LOCATION OF REQUEST: 3010 Newland Street NAME & ADDRESS OF APPLICANT(S): Faith Bible Chapel West 3010 Newland Street, Wheat Ridge NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: 1.5 acres PRESENT ZONING: R-1 PRESENT LAND USE: Church, single family SURROUNDING ZONING: N W: R-2; S: R-1C, R-2; E: R-1A SURROUNDING LAND USE: All sides: low densty residential COMPREHENSIVE PLAN FOR THE AREA: low density residential DATE PUBLISHED: March 23, 1995 DATE POSTED: March 23, 1995 DATED LEGAL NOTICES SENT: March 23, 1995 AGENCY CHECKLIST: (XX) ATTACHED RELATED CORRESPONDENCE: (XX) ATTACHED ENTER INTO RECORD: ( )COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( XX) SUBDIVISION REGULATIONS ( )OTHER ( )NOT REQUIRED ( )NONE ( XX) CASE FILE & PACKET MATERIALS ( )SLIDES (XX) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notiticat'ion and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. MS-95-2/Faith Bible Chapel West REQUEST The applicant requests approval of a two-lot minor subdivision for property located at the northeast corner of Newland and 30th Avenue. The property is zoned R-1 and has on it a church and accessory building and asingle-family residence. The purpose of the subdivision is to allow the sale of the house. II. SUBDNISION DESIGN __ _ Lot 1 is 52,401 square feet in size and will contain the church and Quonset but building. It exceeds the one-acre minimum for semi-public buildings. Lot 2 is irregularly shaped with a 10 foot by 70 feet strip of frontage along 30th Avenue. The justification for this "arm" is that the water line in the street stops roughly 100 feet to the west of the house. Since Consolidated Mutual requires that each lot have direct frontage to a water line, this °'arm" was required by that entity. An ingressJegress easement to Lot 1 encumbers this strip.. At the time of this writing no building additions are planned for either lot. All requirements of the Subdivision Regulations have been met. III. AGENCY REFERRALS _ ._ All agencies are currently providing service to the property. The Department of Public Works is request a ten foot radius dedication for right-of-way at the intersection. N. STAFF CONCLUSIONS AND RECOMMENDATIONS _. Staff concludes that the minimums for R-1 development have been met and that all requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given for Case No. MS-95-2. V. RECOMMENDED MOTIONS OPTION A: "I move that Case No. MS-95-2, a request for atwo-lot subdivision on property located at 3010 Newland Street, be Approved for the following reasons: 1. All minimums for R-1 development have been met. 2. All requirements of the Subdivision Regulations have been met". OPTION B: "I move that Case No. MS-95-2, a request for atwo-lot subdivision on property located at 3010 Newland Street, be Denied for the following reasons: 1. S. b:~ms952.sr Case No. MS-95-2 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) No problems. Schools: Water: (Consolidated Mutual) Can serve. Sewer: (Wheat Ridge) No response. U S West: No response. Public Service Co.: No problems. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: CITY DEPARTMENTS Public Works: Is requiring a ten foot by ten foot (10' X 10") corner radius dedication. Parks and Recreation: Police: Building Inspection: ms952.ars Planning Commission Minutes April 6, 1995 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner JOHNSON moved to of April 6, 1995 as printed. motion. Motion carried 8-0. 5. APPROVAL OF MINO'TES ;.., ~.,~ Page 2 approve the agenda for the meeting Commissioner LANGDON seconded the Commissioner CERVENY moved to approve the minutes for the meeting of March 2, 1995 as printed. Commissioner WILLIAMS seconded the motion. Motion carried 5-0, with Commissioners ECKHARDT, RASPLICKA AND OWENS abstaining. Commissioner RASPLICKA moved to approve the minutes for the meeting of March 16, 1995 as printed. Commissioner WILLIAMS seconded the motion. Motion carried 5-0, with Commissioners CRUMPTON, ECKHARDT and OWENS abstaining. 6. PDBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing C. section of the agenda.) No one signed the roster nor came forward to speak at that time. 7. PDBLIC HEARING 1. Case No. MS-95-2: An application by David Townsend for Faith Bible Chapel West for approval of a two-lot minor subdivision on R-1 zoned land located at 3010 Newland Street. Mr. Gidley presented the staff report. Entered and accepted into the record were the Zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. David Townsend, church pastor and owner of the property, 3010 Newland Street was sworn in. Mr. Townsend stated the reason for the requested subdivision was to allow the sale of the home on the property. __ There were no questions. Donald Chipman, 6530 West 31st Avenue, had signed the roster but stated from his seat that he had spoken to Mr. Townsend and withdrew his opposition to the subdivision. L. .a£ ztiiR~,.~__ `''':. • u Planning Commission Minutes Page 3 April 6, 1995 Commissioner OWENS moved that Case No. MS-95-2, an application by David Townsend for Faith Bible Chapel West for approval of a two- lot minor subdivision on-R-1 zoned land located at 3010 Newland Street be Approved for the following reasons: L. All minimums for R-1 development have been met. ?. All requirements for a subdivision have been met. :ommissioner RASPLICKA seconded the motion.. Motion carried 8-0. 2. Case No. WZ-95-5: An application by St. Ives Realty for approval of a subdivision plat for properties zoned Planned Residential Development and Residential-Two located at 10241 West 38th Avenue and 3975 Miller Court. At that time Commissioner CERVENY asked permission to be excused from hearing the following two cases, as he stated he had a vested interest in them. By consensus, Commissioner CERVENY was excused. He left the room. Commissioner LANGDON reported that he owned property adjacent to the subject property. He indicated that he had not attended neighborhood meetings and he had nothing to gain by the outcome of these cases, therefore he could vote with an open mind. Commission, by consensus, allowed Commissioner LANGDON to participate in the two public hearings. Mr. Gidley presented the staff report. Entered into the record were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. Commissioner LANGDON asked for clarification of the request for additional parking. He requested location recommendations. Mr. Gidley showed .several possible locations for additional parking on the overhead site plan. He noted that this additional parking would encroach into the setbacks. He elaborated. Commissioner RASPLICKA asked about the term "maximum building coverage". Mr. Gidley explained the term referred to the amount of "total open-space" versus "total coverage by buildings". Chairperson ECKHARDT stated he had a problem with sidewalks being placed on only one-side of the street. He added that if plans included an internal walk, the sidewalk should be placed on the z:-' PUBLIC HEARING SPEAKERS' LIST CASE NO: MS-95-2 DATE: April 6, 1995 REQUEST: An application by David Townsend for Faith Bible Chapel West for approval of a two-lot minor subdivision on R-1 zoned land located at 3010 Newland Street. n ~ - C'` CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: MS-95-2 LOCATION: 3010 Newland Street APPLICANT(S) NAME: David Townsend OWNER(S) NAME: Faith Bible Chapel West REQUEST: Two-lot minor subdivision on R-1 zoned land APPROXIMATE AREA: 1.5 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner OWENS, seconded by Commissioner RASPLICKA, that Case No. MS-95-2, an application by David Townsend fox Faith Bible Chapel West for approval of a two-lot minor subdivision on ~ R-1 zoned land for property located at 3010 Newland Street be APPROVED fox the following reasons: 1. All minimums for R-1 development have been, met. 2. All requirements fox a subdivision have been met. VOTE: YES: Eckhardt, Williams, Owens, Rasplicka, Cerveny, Langdon, Crompton and Johnson NO: None. I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 8-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Buiilding, Wheat Ridge, Colorado, on the 6th day of April, 1995. ;1 ~ F ob Eckhardt, C airperson dra Wiggins, c tary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE P COMMISSION c:\w\pc\maxes • NOTICE OF PIIBLIC FEARING Notice is hereby given that a Public Hearing is to be held before the City .of Wheat Ridge City Council on May 8, 1995 at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. MS-9S-1: An application by Fante Brothers Coventry Homes, Inc. for Gary and Marlayne Herrara for approval of a three-lot minor subdivision with variances for property located at 8501 West 38th Avenue. Said property is legally described as follows: A parcel of land located in the SE1/4 of Section 22, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southeast Corner of Section 22, Township 3 South, Range 69 West of the 6th P.M.; thence westerly along the South. Line of said SE1/4, 345.00 feet; thence on a deflection angle to the right of 90°32'17", 30.00 feet the intersection of the North Right-of-Way line of West 38th Avenue and the West Right-of-Way Line of Cody Street, which is the TRUE POINT OF BEGINNING; thence on a deflection angle to the left of 90°32'17" along said North Right-of-Way Line of West 38th Avenue, 164.39 feet to a No. 5 rebar with cap marked CHICHESTER L.S. No. 7735; thence on a deflection . angle to the right of 90°40'00", 140.99 feet to a No. S rebar with cap marked CHICHESTER L.S. No. 7735; thence on a deflection angle to the right of 90°00'56", 74.93 feet to a No. 5 rebar with cap marked CHICHESTER L.S. No. 7735; thence on a deflection angle to the left.of 90°05'25", 124.57 feet to a No. 5 rebar with cap marked CHICHESTER L.S. No. 7735; thence on a deflection angle to the right of 89°52'21", 89.02 feet to a No. 5 rebar with cap marked CHICHESTER L.S. No. 7735 said point being on the West Right-of-Way Line of Cody Street; thence on a deflection angle to the right of 90°04'25" along said West Right-of-Way Line, 263.94 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 34,105 square feet (0.7829. acres) more or less. 2'. N Case No. MS-95-2: An application by David Townsend for Faith Bible Chapel West for approval of a two-lot minor subdivision. on R-1 zoned land located at 3010 Newland Street. Said property is legally described as follows: A part of Lot 3, Block 2, Henderson's Subdivision Amended Plat, situated in the southwest one-quarter of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the southwest corner of said Lot 3, Block 2; thence north 00°16'31" west along the west line of said Block 2, a distance of 162.44 feet to the south line of Longs Subdivision; Thence along said south line, north 89°41'22" east, 400.00 feet; thence south 00°16'31" east, 162.34 feet to the south line of said Block 2; thence along said south line, south 89°40'30" west, 400.00 feet to the Point of Beginning. ~ ~ ~', Sandra Wiggins,(~5~cretary ATTEST:. Wanda Sang,-City Clerk To be Published: April 20, 1995 Jefferson Sentinel b:\5895.phn -a301S'EST 29TF AVE^!UE =.o. sox s3a '..'HEAT ~IDGE. CO S0C3~-0636 -- - ------.3031 234-5900 C'.ty Aom,r,. Fax ~ 234-~92- April 24, 1995 Police Deot. Fax » 235-2949 The City of ~1Vheat Ridge This is to inform you that Case No. MS-95-2 which is a request for ~pprn~Tai ~f a +~.r~_i,-,+ m• ~ub~' 'sior~ for property located at 3010 Newland StrPP+ will be heard by the Wheat Ridge ~;+y Counr;l in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7;00 ~,m. , on Mav 8, 1995 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the City Council As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform C~ a. ~„~,•,<.,, Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen Concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority o£ City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner • CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: May 8, 1995 DATE PREPARED:~pril 26, 7995 CASE NO. & NAME: MS-95-2JFaith Bible Chapel West CASE MANAGER: Meredith Reckert ACTION REQUESTED: Two-lot subdivision LOCATION OF REQUEST: 3010 Newland Street NAME & ADDRESS OF APPLICANT(S): Faith Bible Chapel West 3010 Newland Street, Wheat Ridge NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: 1.5 acres PRESENT ZONING: R-1 PRESENT LAND USE: Church, single family SURROUNDING ZONING: N_W: R-2; S: R-iC, R-2; E: R-1A SURROUNDING LAND USE: All sides: low density residential COMPREHENSIVE PLAN FOR THE AREA: low density residential DATE PUBLISHED April 20, 1995 DATE POSTED: April 24, 1995 DATED LEGAL NOTICES SENT: April 24, 1995 AGENCY CHECKLIST: (XX) ATTACHED RELATED CORRESPONDENCE: (XX) ATTACHED ENTER INTO RECORD: ( )COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( XX) SUBDIVISION REGULATIONS ( )OTHER ()NOT REQUIRED ( )NONE (XX) CASE FILE & PACKET MATERIALS ( )SLIDES (XX) EXHIBITS 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. Planning Division Staff Report Page 2 Case No. MS-95-2/Faith Bible Chapel West 1. REQUEST The applicant requests approval of a two-lot minor subdivision for property located at the northeast corner of Newland and 30th Avenue. The property is zoned R-1 and has on it a church and accessory building and asingle-family residence. The purpose of the subdivision is to allow the sale of the house. 11. SUBDNISION DESIGN Lot 1 is 52,401 square feet in size and will contain the church and Quonset but building. It exceeds the one-acre minimum for semi-public buildings. Lot 2 is irregularly shaped with a 10 foot by 70 feet strip of frontage along 30th Avenue. The justification for this "arm" is that the water line in the street stops roughly 100 feet to the west of the house. Since Consolidated Mutual requires that each lot have direct frontage to a water line, this "arm" was required by that entity. An ingressJegress easement to Lot 1 encumbers this strip. At the time of this writing no building additions are planned for either lot. All requirements of the Subdivision Regulations have been met. III. AGENCY REFERRALS All agencies are currently providing service to the property. The Department of Public Works is request a ten foot radius dedication for right-of-way at the intersection. N. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on April 6, 1995. A recommendation of Approval was made for the following reasons: 1. All minimums for R-1 development have been met. 2. All requirements for a subdivision have been met. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the minimums for R-1 development have been met and that all requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given for Case No. MS-95-2. VI. RECOMMENDED MOTIONS OPTION A: "I move that Case No. MS-95-2, a request for atwo-lot subdivision on property located at 3010 Newland Street, be Approved for the following reasons: Planning Division Staft Report Page 3 Case No. MS-95-2/Faith Bible Chapel West t. All minimums for R-1 development have been met. 2. All requirements of the Subdivision Regulations have been met". OPTION B: "1 move that Case No. MS-95-2, a request for atwo-lot subdivision on property located at 3014 Newland Street, be Denied for the following reasons: 7. 2' b:~ms952.sr 3. 5~ RECEPTION N0. F0010787 5.00 742 RECORDED'' TEFFERSON COUNTY, OFEI GI ~'cL ZONING MAP WHE~cT .RIDGE GOLOR~DO MAP ADOPTED+ June 15, 1994 Last Revision Jcnuary 9, 1995 D~nRM-tti OP PLMtnds n~D aEV3a*E.~ - zt5-?s52 COLOR PG: 0001-OU1 1/30195 11:45 ZONE DISTRICT BOIRJDRY PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) 7~IYItlWItlY CITY LIMIT LINE -~-~-- WATER FEATURE • DENOTES MULTIPLE ADDRESSES SW 25 yarn. •~ SGT I'~400 '^ ~~ CITY-COUNCIL MINUTES: May S, 1995 Page 2 Jerry Biehl, 11115 W. 38th Avenue, stated he will let Ms. Mineart's comments stand for right now. Motion by Mrs. Worth that we amend the Agenda and add this Item as Item 12. after the Consent Agenda to hear a show cause whether there is evidence to rehear the issue on the Applewood Shopping Center; seconded by Mr. Edwards; carried 8-0. Motion by Mr. Solano to move Agenda Item 4 up to be Item 2, and move Items 2 and 3 down on the Agenda; seconded by Mr. Siler; failed 4-4 with Councilmembers Solano, Siler, Fields, and Eafanti voting yes. Mayor Wilde ,broke the tie by voting yes. Motion carried 5-4 with Councilmembers Behm, Edwards, Worth, and Dalbec voting no. Alan ICrenek, 2635 Pierce, gave update on his building permit that he had spoken to Council about one month ago. He has problems with the way his application was handled. Mike Calkins, 7345 W. 28th Avenue, spoke against the City's decision to exempt itself from making public improvements along Wadsworth. It is difficult for citizens to respect their government if the government places itself above the law. LOCAL LIOIIOR AIITHORITY MATTERS Item 1. Transfer of Ownership for "Happy Liquors", 4141 Kipling Street, Wheat Ridge. Item 1 was introduced by Mr. Solano. City Clerk, Wanda Sang, gave the staff report. _- Motion by Mr. Solano-to approve the Transfer of Ownership from Thich Minh Chau, dba "Happy Liauors", 4141 Kipling Street, to Tien Van Nguyen, for the following reasons: 1. All applications and fees required by statute have been filed and paid. 2. The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated March 30, 1995. 3. The applicant has been cleared by the Police Department; seconded by Mr. Eafanti; carried 8-0. PD'BLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4. Application by David Townsend for Faith Bible Chapel West for approval of a two-lot minor subdivision on R-1 zoned land located at 3010 Newland Street. (Case No. MS-95-2) Case No. MS-95-2 was introduced by Mr. Edwards; title read by the Clerk. CITY COUNCIL MINUTES: May 8, 1995 Page 3 Mr. Gidley was sworn in by the Mayor ,and presented the staff report. Motion by Mr. Edwards that Case No. MS-95-2, a request for a-two-lot subdivision on property located at 3010 Newland Street, be approved for the following reasons: 1. All minimums for R-1 development have been-met. 2. All requirements of the Subdivision Regulations .have been met; seconded by Mr. Solano; carried 8-0.. Motion by Mr. Solano to move up Agenda Item 3 to be heard at this time; seconded by Mr. Edwards; carried 7-1 with Mrs. Dalbec voting no. Item 3. Application by Fante Brothers Coventry Homes, Inc. for Gary and Marlayne Herrera for-approval of a three-lot minor subdivision with variances for property located at 8501 West 38th Avenue. (Case No. MS-,95-1) Case No. MS-95-1 was introduced by Mr. Solano; title read by th_e Clerk. Robert Pitler, attorney for Fante Brothers, was sworn in by the Mayor; he was recently retained by Fante Brothers and asked that this matter be tabled for a period of two weeks for the following reasons: there is a substantial dispute with the title and the public records he has reviewed; had problems with easement and sidewalk requirements; some items need to be discussed further with staff; there is opposition to ' this plan and 'maybe things can be worked out to 'everybody's satisfaction. Glen Gidley presented the staff report. . Motion. by Mrs. Worth to continue this Item until at least two weeks to clear up many problems and inconsistencies; seconded by Mr. Siler. After discussion, Mrs. Worth and Mr. Siler withdrew their motion. Michael S. Chessnoe, 3012 Josephine Street, Denver, was sworn in. He is the engineer and surveyor of the property. He explained how he had_ prepared the property survey. Dan Fante, 2173 South Beeler Way, Denver, President of Coventry Homes, was sworn in. He gave background on how the property was sold to the Herreras; there was no fraud and nobody was Pied to. John McGuire, City Surveyor, was sworn in and explained how the City ' survey was conducted and what the results were.. AGENDA ITEM RECAP QUASI-JUDICIAL X _- - - - Yes No x PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS PROC-.-/CEREMONIES _-CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS LIQUOR HEARINGS - _ORDINANCES FOR 2ND READING INFORMATION ONLY - PUBLIC COMMENT - ~ RESOLUTIONS AGENDA ITEM TITLE: MS-95-2/Faith Bible Chapel West SUMMARY/RECOMMENDATION: Consider a two-lot minor subdivision on R-1 zoned.. land located at 3010 Newland Street. A recommendation of Approval is given. ATTACHMENTS: 1) Staff report 2) 3) SUGGESTED MOTION: BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount S Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No "I move that Case No. MS-95=2, a request for a two-lot subdivision on property located at 3010 Newland Street, be Approved for the following reasons: 1. All minimums for R-1 development have been met. 2. All requirements of the Subdivision Regulations have been met"