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MS-96-8
The City of ~Whe at ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 8 7500 West 29th-Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant i{eith M. Dalv Address 2001 Otis. Edgewater Phone 237-3315 Owner Wheat Ridge Congregation,UCC Address 6310 W 29th Ave. Phone 238-6271 A.K.A. The Whet Ridge Congregational Church Location. _o request 6310 W 29th Ave. Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions 8 Variance/Waiver Site development plan approval Nonconforming use change Special use permit ^ Flood plain special exception Conditional use permit - Interpretation o£ 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 -mineral extraction permit for specific requirements. ^ Other Detailed Description of request List all persons and companies who hold an interest_in the described real. property_as owner, mortgagee, lessee,`optionee,-eta. -- NAME ADDRESS PHONE --None other than owner (above) 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, I 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 •hre.~-of-attorney fro-m the owner which approved of this action o is beha f. Signature of Applicant Subscribed and sworn to me this /a, day of 19 ~~_ ~iE~ENTHJI.CLAYTON (.~ ~i ,~'~-~ ~ ( -'' ~,, NL~i'ARYPUBLfC ~ Notary P lic t1Et~€COLORADO _ RAyGomtnf651onExpiresl0-73.99 My commission expires /U-/~'-j~~_ Date Received Receipt No..,~Q ~ Case No. -s~_:';=~r;..-.av~,~~~= CIT ~" U! "°T RIDGE P 0 SAX 63S l:":~.a-.aIDG_. CO SOC_-..'33S 1 I 1 LL!_~~~ ~ ~ ~:~~-E~•T, C~,y AcTin. `ax==3~-S°-'-= ~ nl ~e Tre Cry of -~~~~ Wheat July 17, 1996 Ulhs~~~~ ~ LS-L~1 Ridge PLANNING & DEVELOPMENT The Wheat Ridge Department of Community Development has received a request for aooroval of a two-lct minor subdivision in an R 1 zone, district . _ .__ ., , at the property described below. ~. Your response to the following questions and any comments on this proposal would.-be appreciated by ~ , No response from you by this. date will constitute no obje tions or concerns regarding this proposal: CASE N0: MS-96-8/L~dheat Ridge Congregational Church LOCATION:- 6310 W-29th Avenue REQUESTED ACTION:- Approval of a two-lot minor subdivision PURPOSE: Separation and sale of sear portion for residential purposes APPROXIMATE AREA: 2,47 acres 1. Are public facilities or services provided by your agency adequate to serve his development? YES NQ __If,,"NO",.please explain below. 2. Are service lines available to the development? YES / NO If_"NO",.please explain below. 3. Do you hive 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 rings and regulations? YES ~ NO - If_ "NO", please explain below. S. Are there any concerns would or should~/affect Please reply to:~LC~L- Departmen DTSTRI or problems your agency has identified which approval of this request? kJa ~~~~~-,v,..a.-(c~w..KUy~ M Beckett, _ .. ?_Zr-46 of Planning & Development _ BUTION. XX inlater District ( Wheat Ridge XX Sanitation District (Wheat Ridge XX Fire District (Wheat Ridge XX Adjacent City (Edgewater XX Public Service Co. gX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. XX W R Parks & Recreation Com. W R Forestry-Div. W R Building Div. <pc>referralform Public Servlce® Publlo Service Company of Colorado July 31, 1996 5so fsth streer, suae 700 Denver, CO &1202-4256 FAX (303) 571-7877 City of Wheat Ridge 7500 West 29th Ave. P. O. Box 638 Wheat Ridge, CO 80034-0638 Re: Wheatridge Congregtional Church (6310 W. 29"' Ave.) Case # MS-96-8 Public Service Company of Colorado (PSCo) has reviewed the development Wheatridge Congregtional Church (6310 W. 29"' Ave.). To ensure that adequate utility easements are available within this development, PSCo requests that the following language, or plat note, be placed on the preliminary and final plats for the subdivision: Ten-foot (10) wide ufility easements are hereby granfed on private property adjacenf to all public streets, and around fhe perimefer of each lof in fhe subdivision or platted area. These easements are dedicafed for fhe installation, mainfenance, and replacemenf of a/ecfric, gas, felevision cable, and telecommunications facilities. Utilifies shall also be permifted within any access easements and privafe streets in the subdivision. Permanent sfrucfures and water meters shall not be permitted wifhin said utility easements. PSCo also requests that these utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to construction. If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303)425-3867 regarding the use or relocation of these facilities. If you have any questions about this referral response, please contact me at 571-7735. Thank You, , ~~~G~ ~i Teresa Wilson Right-of-Way Processor NM D: Commercia Ill ndustrial ~,... - 1V1L'1V1Vi~rlirLUlv1 .. Approved Date TO___-.Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer DATE: July 23, 1996. SDBJ: Wheat Ridge Congregational Church, 6310 West 29th Avenue MS-96-8 The Public Works Department has reviewed the Planning Department referral dated July 17, 1996 for the above referenced project, and has the following comments: 1. If Kendall Street (in Edgewater), is going to be constructed in the future, then the necessary right-of-way to facilitate the specified-site: triangle and/or radius at the southwest corner:. of W. 29th Avenue and Kendall Street will be required. cc: Glen Gidley, Community Development Director- John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician File - - _ _ f- Tra n Sys'te m s Adrvislonot Tsnr„SS~S Engineers & Planners ~`°'~`r'°^' Denver Corporate Center, Tower II .7800 East Union Avenue, Suite 500 . Denver, Colorado 80237 Tel: (303) 740-8900. Fax: (303) 740-8934 July 24, 1996 Ms. Meredith Reckert Department of Planning & Development City of Wheat Ridge ?500 ~"Jest 29th Avenue Wheat Ridge, CO. 80034-0638 RE: 6310 West 29th Avenue MS-96-8 Wheat Ridge Congregational Church Dear Ms. Reckert: C!- , OF WHEAT RIDGE D inn nr~ J11I 2 9 1996 .~~u U. EIANNi„~ .°x DEVELOPMiENT On behalf of the Wheat Ridge Sanitation District, we are commenting on the above proposed separation and sale of the rear portion of a lot for residential purposes. There are no public sewer facilities adjacent or near to the subject rear lot. There are public facilities in Lamar Street and also in West 26th Avenue. Access to the Lamar Street sewer facilities would require a lift station and acquisition of an easement across private property. Access to the 26th Avenue sewer facilities would require construction of a long service line (700±feet) at a considerable expense. If the applicant is able to effect either of the above noted connections to the District's facilities, both have sufficient capacity to accommodate the proposed development. Very Truly Yours, -~f"ranSystems Engineers & Planners / C~esr.-~ ~ s~'~ William K. Brown Vice President cc: District Office MEMORANDUM TO Meredith Reckert Planning and Development FROM Deri Patt Police Department SUBJECT CASE NO: MS-96-8/Wheat Ridge Congregational Church &310 W. 29 Avenue DATE July 19, 1996 I have reviewed the plans for 6310 W. 29 Avenue. From the plat that I reviewed, 1 have no recommendations/concerns at this time. Deri 7500 NJEST 29TH AVENUE _ ThB Clfy Of WHEAT RIDGE, CO 80215-6797 (303) 234-SSaa Wheat City Admin. Fax ~ 234-5924 Police Dept. Fax' 235.2949 Ridge August 6, 1996 Mr. Keith Daly Wheat Ridge Congregation, U.C.C. 6310 West 29th Avenue Wheat Ridge CO -80033 Dear Keith: This letter is in regard to your request for a two-lot minor subdivision at the address referenced above. I have reviewed the submittal and have the following comments: 1. Show the existing structure on Lot 1. 2. Show centerline of Harlan Street. 3. Show centerline of West 39th Avenue. 4. Signature block for the Director of Parks should be changed to, the Chairman of Parks and Recreation Commission. 5. Note #8 should be removed. 6. Property addresses must be added. 7. Utilities easements need to be added as follows: 10 feet along right-of-way, 8 feet along rear lot lines and five feet along side lot Iines. 8. Signature line for surveyor must be added.. In addition, 2 have no record that the $100 filing fee has been paid. Please remit at your earliest convenience. Attached are copies of referrals responses received from outside agencies. All of their concerns must be addressed. This case is scheduled for public hearing on September 5, 1996. I will need 13 copies of the revised plats no later than August 26, 1996. If you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, ~aC.~~LQ,E'~\ pr~c.~~ Meredith Reckert Planner MR:slw cc: Ron Hoisington Star Mauloff Contra Engineering Case No. MS-96-8 c~ ~,,.. ?.C. oOX o"3S VJHcA- P.IDG=. CO 803=-Go35 Ciry Admin. Fax = 23'.592= August 20, 1996 The Wheat Ridge Depa for apnrn~ ~ of a i zlan an rl plat Your response to the would be appreciated date will constitute .3431 23=-59i~:, Police Dent. Fax = 235.20_c ~~NHEgT The City of -'""~ ~ ., Ridge ~o~oRpoo ~tment of Community Development has received a request ..nnan' rnmmarri 1 rl ~ralnnma + f' a,]•1], ~p~IA€ ~ at the property described below. following questions and any""comments on this proposal by ~gn+amhar S, l4ati No response from you by this no objections or concerns regarding this proposal. CASE NO: WZ-96-11/EJCM LOCATION: 4549 Tabor Street REQUESTED .ACTION: Approval of a Planned Commercial Development final development plan and plat PURPOSE: Construction of a 13, 500 sq. ft. office/warehouse facility APPROXIMATE AREA: 1 acre lot size 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 available to the development? ;Cff~- 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?~r Please reply to: M Ra~kPrt J`Qc Department of Planning & Development DISTRIBUTION: XX Water District (Valley ) XX Sanitation District (Fruitdal~ XX Fire District (Arvada ) Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission_ __ State Geological Survey Colorado wept. of Transportation Colorado_Div. of Wildlife XX TCI o£ Colorado _ Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners XX Denver Water Board R--Ra f ' e -_ W___" R Pblioe Dept., XX bi-sc-6dar ept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform r, MEMORANDUM TO Meredith Reckart Planning and Development FROM Deri Patt Police Department SUBJECT CASE NO: WZ-06-11 /EJCM 4549 Tabor DATE August 26, i 996 i have reviewed the Site Plan for 4548 Tabor Street. Listed below are concerns/rewmmendaiions that I have from this plan.. 1. The trash enclosure should be constructed of a material or in a manner that will allow for some visual observation through it. A solid wall or fence allows the opportunity for crimes to occur because an enclosure of this type provides concealment. 2. The trash enclosure gates should face north or east. Changing the opening again will lower the risk of criminal activity occurring in and around the trash enclosure because natural visual observation will be easier. 3. The plans indicate trees and bushes next to the building on the south side, in front of windows in between the doors. There should be no trees or bushes in these areas. This type of landscaping will obstruct visual observation from the building to the parking lot and walkways and v(sa versa. Bushes and trees 1n this area also allows for concealment of any potential offenders. Low growing ground cover under 18" mature height would be recommended if landscaping is desired in these areas. 4. The chain-linked fenced storage area on the west side of the building may provide fairly easy opportunity for thefts to occur from the storagge area. To prevent or discourage climbing the chain-link, it is recommended that an angled section top the chain-link. An alternative type of fencing that makes climbing difficult is a wrought iron-type of fencing. 5. Lighting of the properly may be an issue depending on the lighting plans. This proposed building sits in such a manner that lends itself to areas that may not be visible to normal pedestrian and traffic patterns. Low or non-existent lighting may increase the risk for criminal activity to occur on the property. 6. As in all landscape plans, bushes mature height should be no more than 36" from the ground and all trees trimmed up 6-8' from the ground to increase natural observation of the property. 7. Another recommendation would be anti-graffiti paintlsealant on the building. Thank you. Deri TO: FROM: DATE: SUBJECT: MEMORANDUM Meredith Reckert, Planner II Steve Nguyen, Traffic Engineerji~1 August 28, 1996 Wheat Ridge Congregational Church, 6310 W. 29th Avenue, MS-96-8 My understanding from our discussion regarding the above location, is that the City of Edgewater will potentially construct Kendall Street from 26th to 29th Avenue in the future and the right-of--way width for their street standard is 60 feet (30 half width). If so, the City of Wheat Ridge will require right-of- way dedication on the Kendall Street frontage for the future street construction. Per the City of Wheat Ridge subdivision regulation, the local street right-of--way width requirement is 50 feet (25 feet half width). Thus, the Public Works Department will require 5 feet dedication as right-of--way for future street construction. In addition, a 15-feet triangle or radius at the southwest corner of W. 29th Avenue and Kendall Street will be required for the ramp and curb radius construction. The Public Works Department also requires public improvements on W. 29th Avenue and Kendall Street frontage. Since the street construction is not in the immediate plan, a Development Covenant will need to be executed. cc: John Oss, Senior Project Engineer Greg Knudson, Development Review Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician ~,F,wA1'F,~ - ~. ' City of w~=~C 0 ~~~~ ,~o..o...,o ~'.QO 7907 oa~+ 4 SEAL August 29, 1996 Ms. Merideth Reckert wheat Ridge Planner 7500 W. 29th Avenue Wheat Ridge, CO 80215 RE: WHEAT RIDGE CHURCH MINOR PLAT Hi Merideth: CITY GF WHEAT RID(G~E ~~~iii f7f~~ ! I I ~~ u L~ Li Li ~ ~, ~~t~[,rvc: ~. Q~uF.~~~r~~a This letter is in response to our discussion yesterday concerning the Right-Of-Way (ROW) dedication in referenced plat. It is recognized that the entire plat lies within the corporate boundaries of Wheat Ridge, meaning the City of Edgewater would have no jurisdiction over it. Upon review of the plat, I would offer-the following comments: 1. The standard street ROW width in Edgewater is sixty feet (60'). 2. Kendall street at the W. 26th Avenue intersection is offset to the east from the street on the south side of 26th Avenue. Sections 20-27 of our subdivision code requires the alignment of all streets from block to block. This indicates any future ROW dedication should all be to the west of the existing ROW. Wheat Ridge's required utility easement could be part of the 20' ROW. 3. Because of the location of the existing parking areas in Terra Village, it would be very impractical to acquire additional ROW to the east if a standard street would be constricted in the future. In view of the above facts, a dedicaltion of 20', all to the west of the corporate boundary is hereby requested. It is my understanding this may cause a set back hardship at the building site of the church. With this in mind, a minimum request of said 20' dedication be extended. north from W. 26th Avenue to the north property line of the Terra Village property. Edgewater 2401 SHERIDAN BOULEVARD EDGEWATER, COLORADO 80214 303/238.7803 FAX 303/238-7192 . ~ _ • ~"l.~,RA 1 F,N ~. ~~"°~ ~, City of Edgewater ~~. r ~~ ~~ .~o.,o..,,o 7907 0+ •,r JOM C SEAL Page 2 August 29, 1996 I wish to take this opportunity to thank you for including our city in making this decision. If you have need of any further information, do not hesitate to contact me. Sincerely, WG~ T MARTIN Director Public Works 2401 SHERIDAN BOULEVARD EDGEWATER, COLORADO 80214 303/238.7803 FAX 303/238.7192 ~~ NOTICE OF PUBLIC HEARING __ Notice is hereby given that a Public Hearing is-to be held before the City of Wheat Ridge. Planning .Commission on.September 5, 1996, 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. ZOA-96-8: Amendment to .the Wheat Ridge Code of .. . Laws, Zoning Code, Chapter 26. Zoning Code regarding FENCES, WALLS and OBSTRUCTIONS TO_VIEW. 2. Case No. ZOA-96-10: Amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-6(D)(2) (c) pertaining to VARIANCE CRITERIA. _ _ 3 Case No. WZ-96-9: An application by Daniel R. Dearing for . approval of an amendmenE to a PID fin al development plan at 10501 West I-70 Frontage Road North. Said property is legally described as .follows: A part of. the SW1/4, SE1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as: Beginning at a point which is 789.00 feet East of the Southwest corner of the SE1/4 of Section 16, Township 3 South, Range 69 West and 303.5 feet north on a line parallel with the east line of the SW1/4, SE1/4 of Sec. 16. T3S, R69W: Thence, continuing northerly along a line parallel to the East line of the SW1/4, SE1/4 a distance of 181.50 feet; Thence, East parallel to the South line of the SW1/4 SE1/4, a distance of 299.70 feet; Thence, South parallel to the East line of the SW1/4 SE1/4, a distance of 75.75 feet; -- Thence, West parallel to the South line of the SW1/4, SE1/4, a distance of 30.00 feet; Thence, South parallel to the East line of the SW1/4, SE1/4 a distance of 75.75 feet; Thence, East a distance of 271.30 feet to a point on the East line of the SW1/4, SE1/4; Thence, South 30.00 feet along the east line of the SW1/4, SE1/4 a distance of 541.00 feet to the Point of Beginning except the East 30 feet for .roadway purposes, containing 1.363 acres, more or less, County of Jefferson, State of Colorado. 4. Case No. MS-96-8: An application by Keith M. Daly for Wheat Ridge Congregation, UCC for approval of a two-lot minor subdivision on R-1 land located at 6310 West 29th Avenue andd 2777 Kendall Street. Said property is legally described as follows: A parcel of ..land located in the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 3 South, Range 69 WEst of the 6th j'~ r~ ~~ Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described a follows: Commencing at the Southwest corner of.said Section 25; Thence N 89°39'27" E along - the South line of the Southwest 1/4 of said Section 25, 1652:43 feet; Thence N 0°19'29" W, 659.59 feet to the southeast corner of the East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 .of said Southwest 1/4 of Section 25 being the Ture Point of Beginning; Thence S 89°40'02" W 165.25 feet to the Southwest corner of Block 5, amended plat of Henderson's Subdivision; Thence N 0°19'32" W along the East line of said Block 6, 500.00 feet to the Southeast corner of a parcel of land described in Book 983 at Page 135 of the Jefferson County Records; Thence S 89°40'02" W along the Ssouth line of said parcel, 21.65 feet to the Southeast corner of a parcel of land described in Book at Page of the Jefferson County Records; Thence N 0°19'32" W along the East line of said parcel. 134.62 feet to the South line of West 29th Avenue; Thence N 89°40'37" E along said South line of West 29th Avenue, 186.97 feet to the East line_of the Eat 1/2 of-the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Southwest 1/4 of Section 25; Thence S 0°19'29"-E 634:59 feet to the True Point of Beginning, containing 2.4747 acres. ,~"1..~ / ¢, Sandra Wiggins; _~cretary ATTEST: Wanda Sang, City Clerk To be Published: August 16, 1996 Wheat Ridge Transcript b:\b9596.phn ., v^ WEST 24TH AVENUE -~ '^O. 60X 639 'rVHEA I RIDGE. CO 9003=•0?36 City Admin. Fax = 234-542» __ = The City of --:33, 23~-seoo Wheat Police Dent.FZx = 23524»9 Ridge POSTING CERTIFICATION CASE NO. MS ' CI b PLANNING COMMISSII~ CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) __ _ - ~ .. , HEARING DATE: ~- <j ~ 9 (o ___._ __ _- I, K~~~ D~~y , n a m e residing at (a d d r e s s) as the applicant for Case No. ~ s ~ ~ ~ - ~ hereby certify that I have posted the Notice o£ Public Hearing at (1 0 b a t i o n) on this day o£ AUG~JS7` 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 o£ public hearing o£ this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on and will be placed in the applicant's case file at i Department of Planning and Development. p ?IRS- 5'gNISu ~ _~ ' ~ w" ..r $ STi7CS g55E1-iBLY OF GOD ' ~ ~ wF+-nnc L ~~ ••~ ~~G .i;...~ "0'E.r , ~ d ~ k3 rev. ~ ~ _ ----~--- _ r~ ~ i:,'r':•'a} '-~cen;-r=~ 5 ^ f.•;f~1:;i G case P.O. BOX 638 TELEPHONE: 303'231-6944 The City Of 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 8003 cWheat Ridge August 19, 1996 This is to inform you that Case No. ~_96_g which is a request fOr ~ 1 f cn lni- minor anhaiviaipn nn R-1 zc~nPd land - for property located at 6310 West 29th Avenue will be heard by the Wheat Ridge planning_C'nmmiaGihn __ in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7•"~0 n.m. r on All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PlannznC~ 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. 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(Qf o (~ ~ ~ a __ _ °CV C I _ _ _ _~_ ' ~ : ~ I ~ ~ ' U I N c W- l W I U [ ~a o ~ N G'a od ~ ~ w ~ s~ ~r .... w= = a o `_ 'r trt .-1 0 0 ~a .~ N vt `~ <~ w s G *+ a z y s~ ~ Y o w'a LL z .iJ '~ ~ r'a ~ LL ui u ~ d S3 + ~ zo ,~ ~ I! ~ ~ aw ¢ ~ zo ~ US tCl j ~o LL ~ 'o ~ LI ~ tL1 I ~ LL g ¢o IM £i E"! Vd ov w ° i~ yl ~ 4A o .y w ~ ?~ 'ls CS av LL ~ z o ~ ^ ~ r ¢ I a z ~~ ~° ~ ¢ Q ~ 61 ° n ~ ~~ ~ ~ ~ } ' ` o o f .S2 }4 ~ ~ $i °~ - dJ @ ro o ~ ~ ~ I o ~ ~ t'. ~ A N3 n N ~ ~ ~ a ~ ~ v Z ~ v ~ CV ~ I w w ~w LlJ ~ ~ a w w w W ~ ~ ~, f ~ a ~ _ a I 45Q E4h ~_ _. 096 d r Y Os~9 E'Ih 09~ d: _ _ ~` City of Wheat Ridge Planning Division Staff Report TO: Planning Commission DATE OF MEETING: September 5, 1996 DATE PREPARED: August 27, 1996 CASE NO. & NAME: MS-96-8lW R Congregational Church CASE MANAGER: Meredfth Reckert ACTION REQUESTED: Two-lot minor subdivision LOCATION OF REQUEST: 6310 W 29th Avenue/2777 Kendall St NAME & ADDRESS OF APPLICANT(S): Keith Daly for W R Congregational U.C.C. 2001 Otis St, Edgewater 80214 NAME & ADDRESS OF OWNER(S): W R Congregation, U.C.C., 6310 W 29th Avenue, Wheat Ridge ---------------------------- APPROXIMATE AREA: 2.47 acres PRESENT ZONING: Residential-one PRESENT LAND USE: Church, vacant SURROUNDING ZONING: N: R-2; S W: R-1; E: Edgewater SURROUNDING LAND USE: ,NyW: low-density res; S: vacant; E: multi-family, vacant COMPREHENSIVE PLAN FOR THE AREA: Low-density residential ------------------------------------------- DATE PUBLISHED: August 16, 1996 DATE POSTED: August 75, 1996 DATED LEGAL NOTICES SENT: August 26, 1996 AGENCY CHECKLIST: (XX) ATTACHED ()NOT REQUIRED RELATED CORRESPONDENCE: () (XX) NONE ------------------------------- ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS ( XX) ZONING ORDINANCE ()SLIDES (XX) SUBDIVISION REGULATIONS ()EXHIBITS ()OTHER JURISDICTION: _, Planning Division Staff Report Page 2 Case No. MS-96-8/Wheat Ridge Congregational Church REQUEST The applicant requests approval of a two-lot minor subdivision for properly located at 6310 West 29th Avenue. II. SUBDIVISION DESIGN The property in question contains approximately 2.47 acres, is zoned Residential-One and has a church located on the northern portion accessing off West 29th Avenue. The purpose of the request is for the separation and sale of the southern 163' to a party who wishes to construct a single family residence on it. Access for the new lot would be off of Kendall Street, from West 26th Avenue. The city limit line of the City of Wheat Ridge runs concurrently with the property's eastern boundary line. Right-of-way for Kendall Street abuts the entire length of this boundary line although street improvements do not extend to West 29th Avenue, stopping just north of the proposed lot line. All of the right-of-way for Kendall Street (40 feet) is under the jurisdiction of the City of Edgewater. The City of Edgewater Director of Public Works has indicated that the standard section for a local street in Edgewater is 60 feet. He would like to request a 20 foot dedication from the church with this plat to bring it to their standard. The property directly east of the Kendall Street right-of-way within the City of Edgewaters jurisdiction is undeveloped. Wheat Ridge staff has concluded that when this property develops, it would be appropriate for the City of Edgewater to require the additional right-of-way and street construction at that time. Planning staff concludes that it is unreasonable for the church to dedicate the entire 20 feet and would support no more than a five foot dedication plus a corner radius. Further, the eastern setback for the church structure is currently 25 feet from the right-of-way line with a one-way drive exiting onto 29th Avenue adjacent to the un-built street. If and when Kendall Street is extended, the church would be required to close this access and tie into Kendall Street from the parking lot south of the church. A dedication of 20 feet would reduce this setback down to five feet. A five foot dedication would result in a 20 foot setback. The church has indicated that they would be willing to dedicate right-of-way when Kendall Street is extended but do not wish to dedicate with this plat. Staff has concluded that if the dedication is required, it should happen now. However, construction and cost of improvements should be born by the developer to the east of the church, when they develop. The prospective buyer received approval from the Board of Adjustment on July 25, 1996 for a temporary use permit to allow a mobile trailer on the property for up to one year so they can live on the premise while their house is being built. The Temporary Use approval was contingent on the subdivision being approved. All requirements of the Subdivision Regulations have been met. All minimum standards for R-I development have been met and no zoning code violations have been created by the new lot line. III. AGENCY REFERRALS ~ ~ Planning Division Staff Report Page 3 Case No. MS-96-8lWheat Ridge Congregational Church Public Works Department has reviewed the plat and has no problems with the legal description. If Kendall Street is expected to be extended north to W. 29th Avenue, a 15' corner radius will be required, plus a five foot dedication along the entire eastern lot line. Staff concludes that a dedication should occur on this plat. Wheat Ridge Fire District has no problems. City of Edgewater can provide service to the property from a water main in Kendall Street. They will not require the construction of curb, gutter and sidewalk along Kendall, however may require additional dedications. Wheat Ridge Sanitation will allow connection to a sewer main in West 26th Avenue at the expense of the developer. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that a subdivision is required in order for the sale and development on the south end of the lot to occur. Staff further concludes that all requirement s of the subdivision Regulations have been met. For these reasons, a recommendation of Approval is given with the condition five feet of right-of way be dedicated for Kendall Street and that a 15' corner radius dedication occur at the southwest comer of West 29th Avenue and Kendall Street. V. RECOMMENDED MOTIONS Option A: "I move that Case No. MS-96-8, a request for approval of a two-lot minor subdivision at 6310 West 29th Avenue, be approved for the following reasons: 1. The subdivision is required to allow sale of the southern portion. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. Rve feet of right-of-way be dedicated for Kendall Street; and 2. A 15' corner right-of-way dedication occur at the southwest comer of West 29th Avenue and Kendall Street " Option B: ^I move that Case No. MS•96-8, a request for approval of a two-lot minor subdivision at 6310 West 29th Avenue, be denied for the following reasons: 1. 2. 3. ". b:\ms968.sr PUBLIC HEARING SPEAKERS' LIST CASE NO: MS-96-8_ DATE: September 5, 1996 REQUEST: An application by Keith M. Daly for Wheat Ridge Congregation, UCC for approval of a two-lot minor subdivision on R-1 land located at 6310 West 29th Avenue and 2777 Kendall Street. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED / I-, 1 ~b I~e~av ZS'9~ n ~ . Z?~8-4'3Sb '~ Planning Commission Minutes Page 3 ~, September 5, 1996 Commissioner WILLIAMS asked if the addition would match the existing building? Mr. Dearina stated it would. Commissioner CERVENY moved that Case No. WZ-96-9, an application by Daniel R. Dearing for approval of an amendment to a PID final- development plan at 10501 West I-70 Frontage-Road North be approved and forwarded to City Council for-tl~e_following reasons: 1. The property is within the .City of Wheat Ridge and all posting and notification requirements have been met. 2. It meets the requirements of a Planned Industrial Development. With the following conditions: - 1. All xequirements for a final development plan have been met; and 2. There will be n_o reduction of landscaping on the property. Commissioner WILLIAMS seconded the motion. Motion carried 6-0. 2. Case No. MS-96-8: _An application by Keith M. Daly for Wheat Ridge Congregation, IICC for approval of a two-lot minor subdivision on R-1 land located at 6310 West 29th Avenue and 2777 Kendall Street. Meredith Reckert presented the staff report. Entered into the recorded and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file and packet materials. _ Commissioner THOMPSON asked Ms. Reckert if Wheat Ridge property owners dedicated land to Kendall Street at the time Terra Village was developed? Ms. Reckert answered that through research staff had discovered that the street was equally dedicated from two parcels on either side_of Kendall, which would. indicate that land was dedicated from the western (Wheat Ridge) parcel. Commissioner THOMPSON stated-she was having difficulty understanding why the church should be required to dedicate the five feet. She stated she also had concerns about exiting the driveway. Ms. Reckert stated that the standard section for a local street ___ in Wheat Ridge is 25 feet from centerline. Presently, she added there was only 20 feet dedicated from centerline, which is why ~ Planning Commission Minutes _ Page 4 September 5,-1996 the City is requesting the additional five feet. Staff feels the 20 feet requested by the City of Edgewater is unreasonable. Commissioner RASPLICKA noted that Kendall Street, if aligned properly, would be further east. Ms. Reckert stated that it appears that the right-of-way is offset. She elaborated, utilizing the aerial map projected overhead. - Commissioner THOMPSON noted that it appeared, with rationale, all the benefits would be Edgewater's. She was concerned about traffic from Terra Village pouring out onto 29th Avenue. Commissioner THOMPSON stated she could not understand why the City of Wheat Ridge was requesting the five-foot dedication from the Church. Chairperson LANGDON asked Ms. Reckert to explain why'the City was asking for the dedication from the Church_at this time. Ms. Reckert answered because the Church is in the process of subdividing and it "opens the door" for staff to examine standards such as street widths. Commissioner THOMPSON asked if the City of Edgewater, when the six acres is developed, could request from the City of Wheat Ridge right-of-way for street improvements in Edgewater? Ms. Reckert answered that if the development should occur, then the City of-Wheat Ridge would likely participate utilizing any right-of-way available in .our jurisdiction. She elaborated. She agreed that Edgewater would be the one to gain. Mr. Gidley stated that Wheat Ridge does cooperate with municipalities bordering the City and expects them to do the same. He elaborated, explaining the benefits of a full-width dedication. Commissioner CERVENY asked if the 25-foot setback met R-1 zoning requirements. Ms. Reckert stated that because of the existing adjacent right- of-way, it was substandard. Typically, even though the street has not yet been developed, the City would require a 30-foot setback. Commissioner CERVENY noted that requiring the five-foot dedication would not make them nonconforming. ( Planning Commission Minutes Page 5 September 5, 1996 Ms. Reckert answered that there would be an implied variance because it was a-City action: Therefore, it would be a legal, nonconforming setback. Commissioner CERVENY asked if the church burned down, could it be rebuilt? Ms. Reckert answered yes, it could Mr. Gidley stated that by virtue of a public taking, a nonconforming situation is created, then that line is established as a conforming line and they could build back to that line. Commissioner CERVENY that the property was currently nonconforming because the setback is 25 not 30 feet, as required. Discussion followed. Mr. Gidley agreed with Commissioner CERVENY that the property, if it burned down, would have to comply with. the 30-foot setback. Keith Daly, 2001 Otis Street, Edgewater 80214, was sworn in. Ron H isington, 3281 Alkire Court, Golden 80401, was sworn in. Mr. Hoisington stated he was a planning consultant as-well as a member of the Wheat Ridge Church of Christ. He gave a brief history of the church and stated he felt the request by Edgewater was unfair and unnecessary. Mr. Hoisington stated the church would have no problem dedicating the five feet, if the City felt it was important to cooperate with the City of Edgewater. The 20-foot dedication was out of the question, he stated, since it would make the church sideyard nonconforming. Mr. Hoisington stated the 15-foot corner radius would be no problem however, it was a matter of timing. He .was not certain that Edgewater had plans to extend Kendall Street toward 29th Avenue. Should Edgewater decide to-build Kendall-Street, the church would go on record and submit an irrevocable letter stating that "if the street is to be built, the Wheat Ridge United Church of Christ would dedicate five feet. of its'- eastern property line for the extension and at that time would dedicate the 15-foot corner radius. He felt the dedication should be done at the time the street is built. Commissioner RASPLICKA asked if the City requires the 5-foot dedication and 15-foot corner radius, and the street is not extended, who would maintain the land? Mr. Hoisington stated-that if the church dedicates the land for public purposes it becomes City-owned land. Planning Commission Minutes Page 6 September 5, 1996 Commissioner THOMPSON stated her concern regarding the maintenance of the property, should it be dedicated to the City. What if Kendall Street is never extended? The street, she added could also be moved in order to align with Kendall Street to the north and then there will be-the process to return the unnecessary 5-foot strip to the Church. Mr. Gidley mentioned another option and that is to notify Edgewater that the street is off-set and that the dedication should be made from the Edgewater (east) side, not the Wheat. Ridge (west) side. He elaborated- Commissioner WILLIAMS asked if the land dedication was reversible? _ Mr. Gidley stated anything is reversible- Commissioner WILLIAM'S noted that should the church change hands the land dedication would remain and create a possible "glitch". Ms. Reckert pointed on the map projected overhead why she thought Edgewater was pushing for a 20-foot dedication. Commissioner THOMPSON asked if the .City would have input regarding aligning Kendall Street extended with Kendall Street on the north. Mr. Gidley stated it is Staff's responsibility to report to Commission other agencies' responses. He added the City does make recommendations regarding street alignment when requested to do so by other municipalities. He elaborated. Commissioner THOMPSON asked Mr. Gidley what would be the appropriate distance to develop an off-set street? Mr. Gidley answered 150 feet.or about one-half a city block, is the appropriate distance. Commissioner GRIFFITH asked if the 20 feet_had been requested by the City of Edgewater, or by the Public Works Department? Mr. Gidley answered it was the City of Edgewater Public Works Department making the request. He explained further. Chairperson LANGDON asked if Wheat Ridge would be sending a message to Edgewater in favor of straightening the street, if the five feet was not dedicated? Mr. Gidley stated that could be made a part of Commission's findings in the motion. He explained how the motion could reflect that. decision. Planning Commission Minutes Page 7 September 5, 1996 Chairperson LANGDON stated it made sense for safety reasons. Mr Hoisinaton reiterated that the church was willing and wanted to cooperate once the street is developed.. Mr. Gidley noted that the church would not be the owner of Lot 2 and noted that the time for dedication is when parcels are platted. He explained. Discussion followed. Bob Malouf, 2596 Fenton Street, was sworn in. He stated he would have no objection to a wedge-shaped dedication and explained why. Commissioner CERVENY stated he had no recollection seeing an "irrevocable letter of intent" as part of a title commitment. He added-that_he understood that if-the land was dedicated, the home- owner maintained it. He elaborated. Commissioner CERVENY asked about the dotted line across the parcel. Ms. Reckert answered that was the property line of Terra Village line. Commissioner CERVENY was uncertain if it was practical to request the five-foot dedication. He didn't understand why "tapering" the dedicated land amount would be beneficial. Ms. Reckert drew a line on the map projected overhead_showing where the "tapered" land dedication would begin and end. Commissioner CERVENY was uncertain what good tapering the land dedication would do. He added that as drawn, it did not accomplish anything. He elaborated. Ms. Reckert asked if the church would be agreeable to a tapered land dedication? Mr Hoisinaton stated that the church was agreeable to doing whatever is appropriate at the right time. He added that until the street is developed, the time was not right for land dedication... Mr. Hoisington stated he agreed. with the City's intent and elaborated. Commissioner RASPLICKA stated it seemed to him that Edgewater had made the original error by not getting adequate land. Now they want the City of Wheat Ridge to help them correct their error. Commissioner RASPLICKA asked if the land is not dedicated now and the street is developed sometime in the future, would the City of Wheat Ridge have to purchase the necessary land? And, he added the City could be responsible to maintain it. • ( Planning Commission Minutes September 5, 1996 i Page 8 Commissioner THOMPSON stated she felt it would be_ poor planning to require the church to dedicate land so that a dangerous off- set street could be constructed. Good planning, she added, would be to obtain land dedication from the south parcel, so that the street could be aligned with Kendall Street at. the north. She elaborated. ' Commissioner CERVENY asked Mr. Hoisington to mark on the map projected overhead, the church driveway on the south side. Mr. Hoisington pointed out the parking lot. Commissioner CERVENY asked where was the driveway exiting the property? Mr. Hoisington stated the one-way going out was on the eastern side of the church going north. Mr. Hoisington_asked Mr. Gidley if there was an easement on the eastern property line? Mr. Gidley answered yes, it was a 10-foot easement. Mr. Hoisington suggested that the language of-the easement to future right-of-way dedication for street purposes. Mr. Gidley stated normally the City uses five feet of right-of- way for sidewalk and signage. Therefore, it could be a sidewalk and signage easement. The curb, gutter and street (with the exception o£-the sidewalk) could be outside that area, he added. He noted that if it is an easement, the property owner continues- to pay taxes on it. If-dedicated, it is taken off the tax roles and placed in the street system. He elaborated. Commissioner CERVENY asked what length dedicated would it take to taper from zero to five feet? Could it be done in 50 feet? Mr. Gidley said a five-foot taper could be accomplished in a fairly short distance. He would like it in less than 100 feet_ Discussion was heard regarding how the tapered land_dedication could/should occur. Commissioner THOMPSON moved that Case No. MS-96-8, an application by Keith M. Daly for Wheat Ridge Congregation, UCC for approval of a two-lot minor subdivision on R-1 land located at 6310 west . 29th Avenue and 2777 Kendall Street, be approved for the following reasons: 1. The subdivision is required to allow sale of the southern portion; and Planning Commission Minutes Page 9 September 5, 1996 - - 2. All requirements of the Subdivision Regulations have been met. With the following condition: 1. A five-foot right-of-way be dedicated for Kendall Street, beginning at the common boundary between Lot 1 and 2, starting at zero at that point and tapering to five feet to the southern boundary of Lot 2. Commissioner CERVENY seconded the motion. Commissioner THOMPSON asked if City staff would notify Edgewater regarding Commission's recommendation. Ms. Reckert answered City staff would be in contact-with Edgewater. Commissioner CERVENY made a suggestion for a friendly amendment, which would add to Commissioner THOMPSON's motion the reasons for Commission's recommendation to taper the land dedication from zero to five feet. One reason being the Church was in existence prior--to-the dedication of Kendall Street and the current problem ~ exists because the street was incorrectly aligned by Edgewater. The Church, which is not located within the city limits of Edgewater, should not be required to correct that mistake. Chairperson LANGDON asked if that addition could be a friendly amendment, or simply add it to the motion? Mr. Gidley stated it was an amendment to the motion. Both the motion-maker and the individual who seconded would have to accept the amendment. Commissioner THOMPSON stated she agreed with the amendment, however, felt Commission should-send a message to both city councils, Edgewater and Wheat Ridge, that it is an undue hardship on the Church and good planning requires, if possible, street alignments to occur.. In-this case, there is vacant land to the east which could be utilized. It is Commission's desire to see - Kendall Street aligned, both north and south. Motion carried 6-0. 3. Case No. WA-96-26: An application by John Medved for approval of a master sign plan with variances for property located at 11001 and 11201 West 2-70 Frontage Road North. (Continued from 07-18-96) ( CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: MS-96-8 LOCATION: 6310 W 29th Ave 2777 Kendall St APPLICANT (5) NAME: Keith M Daly OWNER(S) NAME: Wheat Ridge Congregation, UCC REQUEST: Two-lot minor subdivision on R-1 land APPROXIMATE AREA: 2.47 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, aeaexendelist of factors is attached hereto and incorporated herein by 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 THOMPSON, seconded by Commissioner CERVENY, that Case No. MS-96-8, an application by Keith M Daly for Wheat Ridge Congregation, UCC, for approval of a two- lot minor subdivision for property located at 6310 W 29th Avenue and 2777 Kendall Street be Approved fox the following reasons: 1. The subdivision is required to allow sale of the southern portion; and 2. All requirements of the Subdivision Regulations have been met; and 3. The church was in existence prior to the dedication of Kendall Street and the current problem exists because the street was incorrectly aligned by Edgewate,x. The church, which is not located within the city limits of Edgewater, should not be required to correct that mistake. With the following conditions: _. 1. A five-foot right-of-way be dedicated fox Kendall Street, beginning at the common boundary between Lot 1 and 2, starting at zero at that point and tapering to five feet to the southern boundary of Lot 2. 2. Fox Safety seasons, the Planning Commission desires to see Kendall Street aligned, both north and south. VOTE: YES: Williams, Griffith, Rasplicka, Cerveny, Langdon and Thompson N0: None. -- Certificate of Resolution Page 2 Case No. MS-96-8 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 6 - 0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, .Wheat Ridge, Colorado, on the 5th day of September, 1996. ' ~ eorg ang n, C rrpexson dxa Wig ins, Se xy WHEAT RI GE PLANNIN COMMISSION WHEAT RIDGE PLP,NNI OMMISSION b:\ms968.res __ r ~ 3 ~ . NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on October 14', 1996 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'. WZ-96-9: An application by Daniel R. Dearing for approval of an amendment to a PID final development plan at 10501 West I-70 Frontage Road North. Said 'property is legally described as follows: A part of the SW1/4, SE1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as: Beginning at a point which is 789.00 feet East of the Southwest corner of the SEl/4 of Section 16, Township 3 South, Range 69 West and 303.5-feet north on a line parallel with the east line of the SW1/4, SE1/4 of Sec. 16. T3S, R69W: Thence, continuing northerly along a line parallel to the East line of the SW1/4, SE1/4 a distance of 181.50 feet; Thence, East parallel to the South line of the SW1/4 SE1/4, a distance of 299.70 feet; Thence, South parallel to the East line of the SWl/4 SE1/4, a distance of 75.75 feet; Thence, West parallel to the South line of the SW1/4, SE1/4, a distance of 30.00 feet; Thence, South parallel to the East line of the SW1/4, SE1/4 a distance of 75.75 feet; Thence, East a distance of 271.30 feet to a point on the East line of the SW1/4, SE1/4; Thence, South 30.00 feet along the east line of the SW1/4, SE1/4 a distance of 541.00-feet to the Point of Beginning except the East 30 feet for roadway purposes, containing-1.363 acres, more or less, County of Jefferson, State of Colorado. 2. Case No. MS-96-8• An application by Keith M. Daly for Wheat Ridge Congregation, UCC for approval of a two-lot minor subdivision on R-1 land located at 6310 West 29th Avenue andd 2777 Kendall Street. Said property is legally described as follows: A parcel of land located in the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 3 South, Range 69 WEst of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Commencing at the Southwest corner of said Section 25; Thence N 89°39'27' E along the South line of the Southwest 1/4 of said Section 25, 1652.43 feet; Thence N 0°19'2-9" W, 659.59 feet to the southeast corner of the East 1/2 of the West 1/2 of the Northwest-1/4 of the Southeast 1/4 of said Southwest 1/4 of Section 25 being the Ture Point of Beginning; Thence S 89°40'02" W 165.25 feet to the Southwest corner of Block 5, amended plat of Henderson's ~. • Subdivision; Thence N 0°19'32" W along the East line of said Block 6, 500.00 feet to the Southeast corner of a parcel of land described in Book 983 at Page 135 of the Jefferson County Records; Thence S 89°40'02" W along the Ssouth line of said parcel, 21.65 feet to the Southeast corner of a parcel of land described in Book at Page of the Jefferson County Records; Thence N 0°19'32" W along the East Line of said parcel 134.62 feet to the South line of West 29th Avenue; Thence N 89°40'37'!~E along .said South line of West 29th Avenue, 186.97 feet to the East line of the Eat 1/2 of-the West 1/2 of the Northwest 1/4_of the Southeast 1/4 of said Southwest 1/4 of Section,25; Thence S 0°19'29" E 634.59 feet to the True Point of Beginning, containing 2.4747 acres. S / 4 S dra Wiggins, tary ATTEST: __ Cit Clerk _ Wanda Sang, y To be Published: September 27, 1996 Wheat Ridge Transcript b:\b9596.phn z P.O. BOX 638 TELEPHONE: 303, 237-o9aa _ The City o++f 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 8003a • • ~eal September 30, 1996 •jt~' idge This is to inform you that Case No. MS-96-S- which i_s a request for annrnval of a trun_~nd- ,,, ^r G~~hd;v'sion on R for property located at ~"tln WPat 79th A~ n, /2777 Kan'lall S reef =- - will be heard by the Wheat Ridge ci+v council in the-Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7•hQ p m on C)ct-nher 14 1996 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the pity O~n ri1 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. 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U U I i ~ ~p o~ ~ ~ W 0 5 ¢Q EF ~- m ¢ \ ¢ W ~ ~ ~ y p o z C w ~ N .-i v a a -_ - I ~ ~ ~i ~ ~ O~ Cn r °z. ¢ ~ ~a Fi Ctf d76 _: ~ 00 ~ v zF ` ~o y ~ k ~ ~ t W ON w z p V (A °J ~ 6 r° V a na C' ~ '~ O ~ ' m O F- Q! ~ .. ~ ~ u ~ ~ h U t~Y ~ W W W ~ 2 Q V) 5E 9 E' Ih 09 6 d - - The Crty of 7500 WEST 29TH AVENUE ~Wh e at WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax K 234-5924 Police Dept. Fax a 235-2949 Ridge November 6, 1996 Mr. David Vanderhoofven, P.E.-P.L.S. Contra, Ltd. 8795 Ralston Road Suite 240 Arvada, Colorado 80002___ Re: Wheat Ridge Congregational Church, west 29th Avenue & Kendall Street - First Review of Subdivision Plat Dear Mr. Vanderhoofven, The City has completed the first review of the subdivision plat submitted on October 3, 1996, and has the following comments: 1. "Minor Plat" should read "Minor Subdivision". 2. Add note, "hereby dedicated" as redlined.- If y u haveJany questions, please contact Mr. John McGuire at 23 -2858- Si cer y, - Greg Knud on Development Review Engineer cc: Meredith Reckert, Senior Planner John McGuire, City Surveyor Chuck Braden, ROW Technician File 6D REC tt:L Ell PAPFP TO: City Council G City of Wheat Ridge Planning Division Staff Report DATE OF MEETING: October 14, 1996 DATE PREPARED: Octoberyy2, 1996 CASE NO. & NAME: MS-96-8NV R Congregational Church CASE MANAGER:~'Meredith Reckert ACTION REQUESTED: Two-lot minor subdivision LOCATION OF REQUEST: 6310 W 29th Avenue/2777 Kendall St NAME & ADDRESS OF APPLICANT(S): Keith Daly for W R Congregational U.C.C. 2001 Otis St, Edgewater 80214 NAME & ADDRESS OF OWNER(S): W R Congregation, U.C.C., 6310 W 29th Avenue, Wheat Ridge -------------------------------------------------------------- APPROXIMATE AREA: 2.47 acres PRESENT ZONING: Residential-one PRESENT LAND USE: Church, vacant SURROUNDING ZONING: N: R-2; SSW: R-1; E: Edgewater SURROUNDING LAND USE: NyW: low-density res; S: vacant; E: multi-family, vacant COMPREHENSIVE PLAN FOR THE AREA: Low-density residential ---------------------------------------------------------------- ------------------------------------------------ DATE PUBLISHED: September 27, 1996 DATE POSTED: September 28, 1996 DATED LEGAL NOTICES SENT: September 30, 1996 AGENCY CHECKLIST: RELATED CORRESPONDENCE: ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS ( )OTHER ( XX) ATTACHED ( )NOT REQUIRED ( XX) NONE ( XX) CASE FILE & PACKET MATERIALS ( )SLIDES ()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-96-8/Wheat Ridge Congregational Church REQUEST The applicant requests approval of a two-lot minor subdivision for property located at 6310 West 29th Avenue for the purpose of construction of asingle-family home on the south lot (#2) . ll. SUBDIVISION DESIGN The property in question contains approximately 2.47 acres, is zoned Residential-One and has a church located on the northern portion accessing off West 29th Avenue. The purpose of the request is for the separation and sale of the southern 163' to a party who wishes to construct a single family residence on it. Access for the new lot would be off of Kendall Street, from West 26th Avenue. The city limit line of the City of Wheat Ridge runs concurrently with the property's eastern boundary line. Right-of-way for Kendall Street abuts the entire length of this boundary line although street improvements do not extend to West 29th Avenue, stopping just north of the proposed lot line. All of the existing right-of-way for Kendall Street (40 feet) is under the jurisdiction of the City of Edgewater. The City of Edgewater Director of Public Works has indicated tha4 the standard section for a local street in Edgewater is 60 feet. Fie would like to request a 20 foot dedication from the church with this plat to bring it to their standard. The property directly east of the Kendall Street right-of-way within the City of Edgewater's jurisdiction is undeveloped. Wheat Ridge staff has concluded that when this property develops, it would be appropriate for the City of Edgewater to require the additional right-of-way and street construction at that time. Further, the eastern setback for the church structure is currently 25 feet from the right-of-way line with a one-way drive exiting onto 29th Avenue adjacent to 4he un-built street. If and when Kendall Street is extended, the church would be required to close this access and tie into Kendall Street from the parking lot south of the church. A dedication of 20 feet would reduce this setback down to five feet. A five foot dedication would result in a 20 foot setback. Kendall Street north of West 29th Avenue is offset from Kendall Street right-of-way south of 29th Avenue. A five-foot dedication for the entire length of the church property would make the offset worse. The Director of Public Works has suggested a dedication which tapers in accordance with Exhibit 'B'. The City will not require the church to install public improvements to Kendall Street. Construction and cost of improvements should be born by the developer to the east of the church, when they develop. All requirements of the Subdivision Regulations have been met. All minimum standards for R-I development have been met and no zoning code violations have been created by the new lot line. III. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on September 5, 1996. A recommendation ofi approval was given for the following reasons: 1. The subdivision is required to allow sale of the southern portion; and 2. All requirements of the Subdivision Regulations have been met; and Planning Division Staff Report Page 3 Case No. MS-96-8/Wheat Ridge Congregational Church 3. The church was in existence prior to the dedication of Kendall Street and the current problem exists because the street was incorrectly aligned by Edgewater. The church, which is not located within the city limits of Edgewater, should not be required to correct that mistake. With the following conditions: 1. A five-foot right-of-way be dedicated for Kendall Street, beginning at the common boundary between Lot 1 and 2, starting at zero at that point and tapering 4o five feet to the southern boundary of Lot 2. 2. For safety reasons, the Planning Commission desires to see Kendall Street aligned, both north and south. Subsequent to Planning Commission review, Staff met with the applicant in the field to discuss the right-of-way dedication for Kendall Street. It was determined that the recommendation for dedication by Planning Commission didn't make sense in light of existing improvements on Kendall Street. The Public Works Director has made a revised recommendation included as Exhibit'B'. The applicant has agreed to this recommendation and has amended his plat accordingly. IV. AGENCY REFERRALS Public Works Department has reviewed this plat and has no problem with the legal description. They had originally requested alive-foot dedication for Kendall Street along the entire eastern property line with a 15-foot corner radius. They have revised their recommendation consistent with Exhibit 'B'. City of Edgewater can provide service to the property from a water main in Kendall Street. They will not require the construction of curb, gutter and sidewalk along Kendall, however may require additional dedications. Wheat Ridge Sanitation will allow connection 4o a sewer main in West 26th Avenue at the expense of the developer. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that a subdivision is required in order for the sale and development on the south end of the lot to occur. Staff further concludes that all requirement s of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given as the right-of-way dedicated for Kendall Street is consistent with what is shown on Staff's F~chibit'B'. V. RECOMMENDED MOTIONS Option A: "I move that Case No. MS-96-8, a request for approval of a two-lot minor subdivision at 6310 West 29th Avenue, be approved for the following reasons: 1. The subdivision is required to allow sale of the southern portion. 2. All requirements ofi the Subdivision Regulations have been met. Option B: "I move that Case No. MS-96-8, a request for approval of a two-lot minor subdivision at 6310 West 29th Avenue, be denied for the following reasons: Planning Division Staff Report Case No. MS-96-8/Wheat Ridge Congregational Church 1. 2. 3. 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I € 8& F a 8 ~~~ §yx¢z~g3 f~~g€~ ~R ~ F da : g~~;§ $ - ~ i Y~ ~ € ~ ~ E4E ~$Cf3EY~g$~@~~Y~E~Y m~R~~~"'a °9 ~ ~~~ E I E $$ ~¢~¢ 9 3 I gRg aS338g5+0~SZS ~~gf$§t.i a°~ ~3~g%RE~EE°gg a_~ 9f 8 a e § a ~9 5 5 E F p2995 P~~ gqi'iF%~Y {~ ~•ag~ ER'~--'e` ~ q g 7 ~ ~ 3 ~ Y ¢ S.~ SfR ~-§P i§i 3~a~ .nla~y_•3§34iZphF R9 C EI `o ~ g fi ¢ i;§ ~~3~ ~ B~a ~ ~i8 vz_Yi~~BE -ro ~v a Y gag g §A I 93as $ ~~3 ~${39~~ € a~: p¢'g_~~,€E" e~ € ~ . € k € 5°€~ ~~$ fffggERAE~5S~ 7 §;;§~A`ii~~'•`€ '' § ¢S R4~ % E ~ d eg RYA (`, CITY COUNCIL MINUTES: October 14, 1996 Pas3,e.'-3- Motion by Mr. Solano to reconsider the telecommunications tower ordinance; seconded by Mrs. Dalbec; carried 8-0. ~~.6 ~ K:' . Motion by Mr. Solano to postpone this to the next City Ccuncit rheeting_on`the 28th of October and to delay its going into effect until after October 28 and that Mr. Dahl write up a moratorium on the construction of telecommunication towers; seconded by Mrs. Dalbec; carried 8-0. Motion by Mr. Solano to move Agenda Item 15 up to Item 6. B.; seconded by Mr. Siler; carried 7-1 with Mrs. Dalbec voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for approval of a two-lot minor subdivision for property located at 6310 West 29th Avenue for the purpose of construction of asingle-family home. (Case No. MS-96-8) (Keith Daly for W R Congregational U.C.C.) Keith Daly, 2001 Otis Street, was sworn in by the Mayor; he explained that the purpose of this application was to take one building site from their church property and sell it to a party that wants to build a single family home. Mr. Gidley presented the staff report. Motion by Mr. DiTullio to accept the dedication as shown on the plat; seconded by Mr. Solano; carried 7-1 with Mrs. Worth voting no. - Item 2. Approval of an amendment to the Becker Industrial Park final development plan for""property located at 10501 West I-70 Frontage Road North. (Case No. WZ-96-9) (Daniel Dearing) Daniel Dearing, applicant, was sworn in by the Mayor; gave reasons for his request and answered questions. Glen Gidley-presented the staff report. Motion by Mrs. Dalbec that Case No. WZ-96-9, a request for approval of an amendment to the Becker Industrial Park final development plan for property located at 10501 West I-70 Frontage Road North, be approved for the following reasons: 1. All requirements for a final development plan amendment have been met; and, 2. There will be no reduction of landscaping of the property; adequate parking will be counted and if not in accordance with zoning requirements; will be part of the agreement that parking will be provided; seconded by Mr. Solano; carried 8-0.