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Home My WebLink AboutMS-97-1 me cny or ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rido~e Department of Planning and Developmeri't 6 7500 West 29th Ave., wheat Ridge, CO 80033 Phone (303) 237-6944 ---- Applicant ~="DVNi~~D ~,y~;4r2 Address II~g3 iA1,~21an~,,,r.cl -Phone q~„q_pq.t„3 Owner (iDN'1JNI~ sU-Ir~er-T=t~Q Address;iUg3 ~A~`i'~riian~u~.r~I Phone~,,,cf-Oil-~~~ Location. of ~equest_ X51=,j, ai,e ~ti d ~c n ~Pr 5r- - Type o£ 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 `- "mineral extraction permit for specific requirements. ^ Other _____ Detailed Description of request 1~E_ViSr- Lod L' ,Pa -- List. all persons and companies'-who hold an interest in the described-real property, as owner, mortgagee,- lessee; optionee, etc:° - NAME ADDRESS PHONE L=`17 irr X17 S I ~~'+ 1 14~f ~i lA9 /~ .{ 9 { 9 04! ~ _ I~~Iliaw. t~ c II e<k-~ -- - 47cz 1'~nrc.FCr ~-- 234 oR r - 3 i2.I (,~ i i "1" E C S~ l I v-1-I- S eta N.:.~ - - - a~'KL h ~ .. 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 power-of-attorney-from the owner which approved of this action:on his behalf.- Signature-of Applicant Subscribed and sworn to me this ~y of NuUV 19 ~~ - MATTHEW R. JOHN ~ NNOTARY PUBLIC Notary Pu is nn ~ n~,! ~vn C yn S AL' My commission ~icpVr~e~~~IWI~I~hi"I~E~9U~25~~5 ~TATE OF COLORADO Date Received ~ ^2,y- ~ ~ Receipt_ No,_ ti. v0 2.5~JZ Case ,.NO, ., The Crty of 7500 WEST 29TH AVENUE ~Wh e at WHEAT RIDGE. CO 8021 5-87 7 3 (303) 2345900 City Admin. Fax k 234-5924 Police Dept. Fax ~ 235-2949 Ridge February 27, 1997 Edmund Schaeffer 11493 West Briarwood Drive Lakewood, Colorado 80226 Dear Mr. Schaeffer I have reviewed your submittal for a resubdivision of property locata~at 3490 Parfet Street and have concluded that the following must be added to the plat face or corrected otherwise: 1. Add Case No. MS-97-1 to the case history box 2. Add note regarding zoning and minimum lot sizes consistent with the old plat 3. Add address and phone numbers for property owners 4. The reference to "Summit Gate Subdivision " should be removed from the dedicatory language S. Old lot lines should be shown in half-tone 6. Addresses for all lots (3400, 3440 and 3480 Parfet Street) 7. Subdivision name for property to the south Attached are referral responses received from other City departments and outside agencies. All of their concerns must be addressed as well. This case is scheduled for public hearing in front of Planning Commission on April 3, 1997. I will need 15 copies of the revised plat submitted to our office no later than March 19, 1997. If you questions concerning any of the above, do not hesitate to contact me at 235-2848. Sincerely, Meredith Reckert cc: Lane Engineering ~) RECYpLEn PPP[F 50G WEST 29TH AVENUE P.O. BOX,638 The City of 1NHEATRIDGE.CO80034-0638 -- - X303)234-5900 cwheat City Admin. Fax# 234-5924 Folice Dept Fax # 235-2949 Ridge February 25, 1997. - Mr Richard Romberg, P.E. Lane Engineering Service, Inc. 9500 West 14th Avenue _ _- _ _ _ _ __--_ Lakewood, Colorado 80215-4716- Re: Schaeffer's Resubdivision, West 35th Avenue & Parfet Street-- _ __- First Review Comments of Final Drainage-Study, Resubdivision Plat & Street. Improvement Plans for West 35th Avenue & Parfet Street Dear Mr. Romberg; _- - I have completed the first review of the above referenced documents received on February 18, 1997 for the above referenced project, and have the following comments: Drainage Report - Discussion Page 7 - Proposed Project Description _ 1. Please correct reference to-"Exhibit 1" to "Exhibit A". Page 12 .- Areas in Flood .Hazard Zone 1. Please note clearly on the. drainage plan that area-within the 100-year flood plain to be dedicated to-.the City. Note: 1. Please provide the appropriate discussion`in this report with respect to the proposed inlet on-West 35th Avenue, the -inlet capacity and capacity required and the limits and depth of ponding at this inlet for-the 100-year storm. 2. Please provide the appropriate discussion regarding the proposed outlet to-the channel, specifically addressing_ preventive measures for erosion at this point. 3. Please provide brief discussion regarding the curb capacities _ for Parfet and West 35th. Drainage Report - Appendices -- - Page 24 1. Study point 1 does not appear on -the drainage plan.. Please confirm, correct. as needed. - , Page 51 ;,~ r'. . o-.l P.q' Mr. Richard Romberg, P•E. Lane Eng., Inc. Page 2 , 1. The Nationwide Permit #199680704 from the Army Corps of Engineers that is included in this report expired on January 27, 1997. Please confirm that an extension for this permit is being sought. Drainage Plan & Map Sheet 2 1. Please provide the existing street grades of West 35t Avenue and Parfet Street. 2. Please_provide typical cross sectional details. for-the south and east property lines to confirm the placement of functioning swales along the property line, and no adverse cross slopes adjacent to the respective properties. 3. Please show the proposed 100-year flood limit boundary more c clearly on the plan. 4. Please note the depth and limits of ponding at the proposed inlet "A" on West 35th Avenue. 5. Please reference this inlet, pipe and outlet structure to sheet 3. 6. Please note rip-rap placement at outlet to Rolling Hills Tributary. 7. Please locate study point #1. 8. Please note proposed curb, gutter and walk. Sheet 3 lacement on storm drain profile drawing 1. Please note rip-rap p with the appropriate dimensioning of this pad. Street Improvement Plans. Sheet 1 1. Please include the attached general notes in this plan se . Sheets 2 &3 - Parfet Street/West 35th Avenue P & P 1. Please provide the appropriate lip elevations on the plan and profile as needed. 2. Please_,show the entire width of Parfet Street which includes Mr. Richard Romberg, P.E. Lane Eng.,.. Inc. Page 4 blocks. 5. WZ number may be wrong in case history block. Please clarify. 6. Previous name is "Schaeffer's Planned Residential Development". Application for Minor Dumping/Landfill Permit 1. For your information and implementation into the second submittal package, I am providing a copy of this application. Please be aware that the stipulations of this permit may require that_an erosion_control plan be submitted for review and approval by the City. Public Improvements_Cost Estimate & Guarantee 1. Prior to the approval of any building permit applications for this project, an itemized engineer's_cost,estimate will need to be submitted for those public improvements (curb, gutter, sidewalk, asphalt roadways and storm sewer)-to be constructed within the Parfet Street and West 35th Avenue right-of-ways. Upon approval by the City of this estimate, an acceptable form of guarantee, (escrow agreement, cashier's check, letter of credit) reflecting the total cost of the public-improvements, will need to be_submitted for review and approval. This guarantee will be held by the city until such time as the required public improvements have been completed by the developer, and accepted by the City. Right-of-Way Construction Permits & Municipal Contractors License. 1. Prior to any construction commencing within the public right- of-way, the contractor(s) responsible for such construction shall apply for all required right-of-way construction permits and license. you hav any quest erely ~ ~~ please contact me at 235-2868. Development Review Engineer Mr. Richard Romberg, P.E. Lane Eng., Inc. Page 3 - the. west right-of-way line, improvements etc. 3. Please show all existing and proposed utility lines within the Parfet Street right-of-way. 4. Please note concisely 'the proposed limits of paving area along the Parfet Street frontage. 5. Please note the exiting grade for Parfet 5-treet. 6. Please show the proposed storm sewer improvements/Rolling Hills Tributary alignment on plan. 7. Please include-arid reference accordingly the City's standard inlet detail. ,- 8. Please provide a lipline profile with grade percentage. 9. Please note the location(s) of all fixed objects. Sheet 6 1. .Proposed handicap ramps shall be "Davis-Tile Red". 2. Please note that ramp is to a 12.:1 slope maximum. 3. Please note the appropriate spacing of_contraction joints for the ramp. 4. Please provide the appropriate dimensioning. on Section B. Traffic Engineering 1. The radius--designed at Parfet Street and W. 35th Avenue may create a through lane that does not-meet minimum lane width requirements. Please clarify. Resubdivision Plat 1. Please provide ties to section corners- - 2. Property line of project overlaps Parfet Street by 0.17'. Please clarify. 3. There is a gap of 0.10'-at W. 35th Avenue. Please-clarify. 4. Please correct "Schaeffer" spellings in signature-and notary cc: Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire City Surveyor __ Meredith Reckert, Planner II File _ MLMU1ZANllUM Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ~. DATE: February 7, 1997 SUBJ: 3490 Parfet Street, MS-97-1/Schaeffer The Public Works Department has reviewed the Planning Department referral dated December 24, 1996 and has the following comments: 1. We will need a final drainage report for review and approval: 2. The subdivision plat submitted with the referral has been forwarded to Mr. John McGuire (235-2858) for review. 3. A Minor Dumping/Landfill Permit will need to be submitted for review. In conjunction with this permit, an erosion control plan may need to be submitted for review and approval. 4. Engineered construction drawings will need to be submitted for those public improvements that will be required to be constructed for Parfet Street and West 35th Avenue. Upon submittal of these plans, the standard review will commence for any traffic engineering requirements. 5. An: itemized cost estimate, compiled by the project's consulting engineer will need to be-submitted for review and approval for those public improvements required in_tem 4. 6. An acceptable form of guarantee (letter of credit or escrow check) will need. to be submitted for the total cost of public improvements as approved per the cost estimate-total addressed in item 5. 7. The Traffic Department has reviewed the proposed project, and does not have any comments at this time. cc: Glen Gidley, Planning & Development Director Dave Kotecki, Senior Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 7500 West 29th Avenue Telephone 303/ 237 December 24, 1996 Ridge The Wheat Ridge Department of Community Development has received a request for annroval of a three-lot recubdivision ar the property described below. Your response to the following questions' and arty comments on this proposal would be appreciated by February 18. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-97-I/Schaeffer LOCATION.• 3490 Parfet Street REQUESTED ACTION: Approval of a three (3)-lot resubdivision.. PURPOSE: Reduction ofjlood storage/detention area and consn~uction of two (2) additional single family hwnes. APPROXIMATE ARE: 1.78 Acres I. Are publrc~acilities or services provided by your agency adequate to serve this development? YES / NO_ If "NO ", please explain below. 2. Are service rues available to the development? YES~NO If "NO'; please explain below. 3. Do you ~~ j'e adequate capacities to service the development? YES ,/ NO_ If "NO ", please explain below. 4. Can and fll your agency service this proposed developtent subject to your rules and regulations? YES ./ NO_ If "NO", please explain below. 5. Are there any concerns or probfems you agetrcy has idetrtifred which would or should affect approval of this request? Please reply to: Meredith Reckert N e~I/J~ /~w(' pie ~Qtuac o ~ eo..p srw Department of Planning&Development G~ ~`~f`ft`~'`" a^'t~ 8.7~ N'',tGc. DISTRIBUTION: ~~!'D X Wa[er District (Con. Mutual) X Sanitation District (Westrtdge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation X ColoradoDiv. Of Wildlife The City of Wheat X TC/of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners X Denver Water Board X WR Post Office X WR Pofice Department X Public Works Dept. X WR Park & Rec Commission X WR Forestry Division WR Building Division. "The Carnation Ciry" ONSOLIDATED mutual water February '18, 1997 Ms. Meredith Reckert City of Wheat Ridge Department of Planning 7500 West 29th Avenue Wheat Ridge, Colorado and Development 80033 >'EB 2 1 199) Re: City of Wheat Ridge, Case Number MS-97-115chaeffer, approval of a three. (3) lot resubdiuision for the purpose of reduction of flood storage/detention area and construction of two (2) additional. single family homes at the property located at 3490 Parfet Street Dear Ms. Reckert: This will acknowledge your correspondence dated December. 24, 1996, regarding the above referenced project. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company. Domestic water. service may be provided to this -property subject tb compliance with the Company's rules, regulations and requirements for-such service. 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, the property must also 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 niay determine- what water system improvements will be needed -to serve this property. Fire protection requirements .should be obtained from 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 Wes[ 27d[ Avenue • Y.O. Box 150068 • Lakewood, Colorado 80215 Telephone 238-0451 • Fax 237-j560 -- - - - - - - Ms. Meredith Reckert City of Wheat Ridge Department of Community Development February 18, 1997 Page 2 If you should have any questions or'comments regarding- this correspondence, please contact this office.- Sincerely,- ichae - ueen Water Distribution Manager /ds cc: Dave Roberts, Wheat Ridge Fire Protection District Walter Welton, PLS/PE, CMWCo President John Allen, CMWCo Engineer- o2itsisT a :sz ~ srarE oFCOtoaaoo Roy Ramer, Gevornor DEPARTMENT OF NATURAL RESOURCES DIVISION 4F WILDLIFE AM EQUAL OPPORYUNIIY EMPLOYER Jonn W. Mumma, Director 60G0 aroadway Denver. Colorado 80216 Telephone: (3037297-1192 February 18, 1997 Meredith Reckert Dept. of Planning & Development The City of Wheat Ridge 7500 West 29Th Rve. Wheat Ridge; CO 80033 Re: MS-97-1lSchaeffer Dear Ms. Recker; ~no2ioo2 REFER TO o~ti~~o ~Y ~~~ ~o~~~~ For Wildlife - For People ,! ,: s ~. ., I, j The property at the above location has some very valuable wildlife habitat. This includes the wetland and riparian azeas along the drainage way, The wetlands are important in many ways. They filter pollutants out of the water, help catch and settle out sediments from erosion and provide adequate sites for plant growth. The plants that grow in wetlands provide food, cover and nesting areas for many species of wildlife, The trees in the area provide food, cover and nesting areas for wildlife also, They also provide shade in the summer, helping reduce ground and water temperarures, which some species aze dependant upon. It is difficult to assess how much impact this proposed project will have on wildlife without knowing the exact construction plans such as encroachment into the wetlands, building envelopes and loss of existing trees. In general, the more of these two habitats that are lost, the more the impacts to wildlife will be, The disturbance of the trees and the wetlands should be kept to a minimum. Thank you for this opporntnity to comment on land use in the Ciry of Wheat Midge. If you have any questions, feel free to call, Sincerely/~" y%i, John Hand Disttice Wildlife Manager (303} 291-7227 OEPAgTMENT OF NATURAL gESOURCES, James S. Lochheatl. Executive Director WILDLIFE COMMISSION. Arnold Salazar. Chairman • Robocca L Frenk. Vice Chair .Mark Le Valley, Secretary ' Louis F Swlf[, Member . Jasse Lanyslon Boyd, Jc, Member William R. Hegberg. Member s John Stulp, Member • James R. Long. Member !S3 RECEPTION NO. F0473434 16.00 PG: 0001-003 236 RECORDED IN JEFFERSON COUNTY, COLORADO 9/08/97 14:35:53 DEVELOPMENT COVENANT / 1 ~',~" ~ THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION REGULATIONS of the City of Wheat Ridge, is entered into this day of Aur~ust , 1997between the City of Wheat Ridge, a Municipal Corporation, hereinafter referred to as City, and Edmund Schaefer, hereinafter referred to as Owner, and concerns property located at 35th & Parfet, Wheat Ridge, Colorado. WITNESSETH: WHEREAS, Owner is the titled Cwrer of a tract of land in the City of Wheat Ridge, County of Jefferson, State of Colorado, more fully described as Schaeffer Re-subdivion,Lots 1 through 3, City of Wheat Ridge, County of Jefferson, State of Colorado, which property is hereinafter referred to as the "Property"; and WHEREAS, Owner is in the process of constructing a new residence and associated improvements and is desirous of obtaining a building permit; and WHEREAS, curb, gutter, sidewalk and street improvements bordering the Property and neighboring tracts of land are incomplete and/or below those standards as set forth in the SUBDIVISION REGULATIONS of the City; and WHEREAS, to be uniform and consistent with the existing neighboring improvements, the completion or non-completion of those improvements as required by SECTION FIVE: IMPROVEMENTS of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting the Property and the neighboring tracts of land; and W?IEREAS, in order to conferr.! to those rerruirements as set out in the SUBDIVISION REGULATIONS of the City, this Agreement is hereby determined to be proper. ' . ~ , NOW, THEREFORE, IT IS HEREBY AGREED THAT: - ~ ... 1., The responsibility for providing improvements along the street frontage of the Property, as set out in the SUBDIVISION REGULATIONS of the City, is hereby acknowledged by the Owner. 2. The Owner has caused certain improvements to be constructed on the Property and associated on-site improvements. 3. The existing improvement of property frontage along 35th & Parfet is below those standards as set forth in the SUBDIVISION REGULATIONS of the City, and the completion of those improvements as required by Section Five: Improvements of the SUBDIVISION REGULATIONS will make no significant change at the present in those streets fronting the property. 4. In accordance with Section 5-45 of the Code of Laws of the City of i9heat Ridge, Cclerado, subsseti~n E, the De7artm~~nt of P'.Sblic works has determined that public improvements along 35th & Parfet need not be immediately constructed and that execution of this Development Covenant is appropriate. The Owner agrees to participate in engineering and construction costs for the property's frontage along 35th & Parfet when the street is brought in accordance with City street standards, or as directed by the Director of Public Works. The engineering and construction costs will be limited to those reasonable and necessary to construct curb gutter and walk to current local street standards, including earthwork, one half street width paving, curb, gutter and walk, and miscellaneous and incidental items. DEVELOPMENT COVENANT Page 2 _- _ __ i~3 ~ 5. The Director of Public Works shall give written notice and an estimate of costs to the Owner 30 days prior to advertisement of any major improvements to 35th & a fP+ which would affect the Property and will submit to the Owner a detailed cost breakdown and billing after Award of the construction contract by City Council. The detailed cost estimate will include the Owner's portion of the cost of curb, gutter and sidewalk and associated pavement improvements and other items listed in Paragraph 4. 6. Upon receipt of the detailed cost estimate or billing, the Owner hereby agrees to pay to the City, within 45 days, the full amount of the detailed cost estimate or .billing. The Owner also agrees to pay to the City any extra costs associated with the Public Improvements to the Property due to variations in estimated contract quantities or as a result of change orders within 30 days of written request for payment by the 'City. The City will pay to the Owner any overcharges paid to the City by the Owner within 45 days after final acceptance of the Public Improvements. 7. Owner agrees to pay for all public improvements or billings within 45 days of written notice; Owner further agreeing that any amount resulting from his failure to pay for any improvement or billing this improvement completed shall constitute a lien upon the property above described in the actual amount of the public improvements or billing completed, less any payments made by Owner, plus interest on the amount unpaid at 10 percent (10&) per annum from the date of final acceptance or billing, plus any costs incurred by the City in collecting same, including court costs and attorney's fees. 8. In the event an Improvement District or a Special Improvement District is created by the City to improve or provide those requirements as set out in the SUBDIVISION REGULATIONS as they exist at the date of execution of this Covenant, for curb, gutter, sidewalk related street and drainage improvements, solely relating to those streets fronting on .the property and neighboring tracts of land, the owner or his .assigns and successors agree not to oppose its creation, or subsequent reasonable assessment of the costs to the property. 9. In the event an Improvement District is created by the City to provide the improvements as provided by the SUBDIVISION REGULA- TIONS, the costs assessed against the property shall not be disproportionate with costs assessed to other nearby and like properties. 10. This COVENANT is executed by the Owner pursuant to the SUBDIVISION REGULATIONS of the City of Wheat Ridge. il. The City, in its sole discretion, may require a cash or surety bond to be held in escrow by the City to secure completion or the public improvements described herein. Such cash or surety bond shall be in the sum sufficient to cover the estimated costs of the ~c.onstruction of the public improvements .described herein, said estimate to be made at or about the time of the notice described in Paragraph 5 above. Any interest earned on any escrow funds shall be the sole property of the City. 12. The DEVELOPMENT COVENANT shall be recorded with the Clerk and Recorder of Jefferson County, Colorado, and constitute a continuing covenant running with the land, providing however, that this DEVELOPMENT AGREEMENT shall be released by the City upon the completion of the public improvements and complete and satisfactory payment by the Owner of all costs and fees associated therewith of the public improvements described herein, which release shall be evidenced by a signed document attested to by the City Clerk and bearing the City's seal, which document shall likewise be recorded. RECEPTION NO. F0473434 DEVELOPMENT COVENANT Page 3 IN WITNESS WHEREOF, the parties have set their hands and seals on date first shown. REC MMENDED BY: Pub is Work Department ~~ - City NLo... ' ~~ EBECIITED BY CITY: ' ,cS.~-~ Mayor, City of Wheat Ridge ,~ ~- ~,, ,,r- unity Development Department A R A FO Ci Attorney E%ECIITED BY OWNER: STATE OF.COLOF.4D0 ) )ss - . ,.County of Jefferson) ' The foregoing instrument was re me this ~Sy o acknowledged bef 19~Z CQ ~ by t ,, ~mL~~ ~ ~\\doc~.~ day , of . ~ ~- i ~~ 19~• res: My commission exp . -~, Notar is _ SEAL" ~. k ~ _ - { ~ t i ~ '. ~ t ,~ i ~ ~~~ ~ X:l `~l C ~ ~O C ? S y '~_ t . ~Y ~' ` _ .. ~ 1 J~ ~ ' `'ft' 4' ~ h ~~` :2~ e '~ 1 ~,~'~~,; =t ' -:`. ~ ~:1 i v f'sfl ;~`~~ ~ sa , I~ - RECEPTION NO. F0473434 _ _ __ r c ~ r ~i NOTICE OF PUBLIC HEARING Nofice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on Apri13, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. -All interested citizens are invited to speak at the Public Heazing or submit written comments. The following petitions shall be heard: Case No. WZ-97-6: An application by Good Times Drive Thru Inc., for Walter R. Morris for approval of an ame ded Planned Commercial Development final development plan. Said property is located at 4020 Wadsworth an is eg y escn e as ollows: Lot 1, Currier Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 2. Case No. MS-97-1: An application by Edmond Schaeffer for approval of a three (3) lot resubdivision on property zoned Planned Residential Development located at 3500 Pazfet Street. Said property is legally described as follows: Lots 1, 2, and 3 of Schaeffer's Planned Residential Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 3. Case No. CUP-97-1: An application by the Queen of Vietnamese Martyrs Parish for the Archdiocese of Denver for approval of a Conditional Use Permit to allow a church and ancillary uses in Residential-Two and Commercial-One zoned districts and for approval of consolidation plat for properties located at 4615 and 4685 Hazlan Street, 4660 and 4690 Ingalls Street. Said properties are legally described as follows: Lots 1, 3, 4, 5, and 6, Block 2 RO-GRAN SUBDIVISION, City of Wheat Ridge, State of Colorado, and, A parcel of land located in the NWl/4 of Section 24, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado, more particulazly described as follows: BEGINNING at the southeast corner of the SEl/4 NEl/4 NW 1/4; thence Westerly along the South line of said SEl/4 NEl/4 NWl/4536.15 feet, more or less, to a point 125.00 feet East of the Southwest corner of said SEl/4 NEl/4 NW 1/4; THENCE, Northerly parallel with the West line of said SEl/4 NEl/4 NW 1/4 319.48 feet more or less, to the South line of Lot 7, Block 1, RO-GRAN SUBDIVISION; thence Easterly at an angle of 90 ° to the right and along the South line of said Lot 7, Block 1, RO-GRAN SUBDIVISION 118.25 feet to a point of intersection of said South line of Lot 7, Block 1, RO-GRAN SUBDIVISION with a curve whose radius is 46.00 feet and which is concentric with the turnaround at the South end of Ingalls Street as shown on the recorded plat of RO-GRAN SUBDIVISION; THENCE Easterly along said concentric curve a distance of 80.12 feet to a point; thence Easterly at right angles to the West line of NOTICE OP PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the Ciryry of Wheat Ridge PLANNING COMMIS- SION on April 3, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Rrdge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The fol- lowing petitions shall be heard: 2. Case No. MS-97.1: An application by Edmond Schaeffer for approval of a three (3) lot resubdivision on property zoned Planned Residential Develop- ment located at 3500 Parfet Street. Said property is legally described as follows: Lots t, 2, and 3 of SchaeNer's Planned Residential Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 3. C^se No CUP-97-1• An application by the Queen of Vietnamese Martyrs Parish for the Archdiocese of Denver for approval of a Conditional Use Per- m@ to allow a church and ancillary uses in Residential-Two and Commercial- One zoned distdcts and for approval of consolidation plat for properties located at 4615 and 4696 Haden Street, 4660 and 4690 Ingalls Street. Said proper- ties are legaly described as follows: Lots t, 3, 4, 5, and 6, Block 2 RO- CHAN ~SUBDIVIS(ON, City of Wheat Ridge, State of Colorado, and, A parcel of land located in the NWt/4 of Section 24, Township 3 South, Range r;o West of the 6th P.M.. County of Jef- lady descdbed as follows: BEGINNING at the southeast comer of the SE7/4 NE7/4 NWt/4; thence West- edyy along the South line of said SE1/4 NE7/4 NW7/4536.15 feet, more or less, to a point 125.00 feet East of the Southwest comer of said SEtl4 NEt/4 NW1/4; THENCE, Northerly parallel with the West line of said SE7/4 NE7/4 NWt/4 319.48 feet more or less, to the South line of Lot 7, Block 1, RO-GRAN SUB- DIVISION; thence Eastedy at an angle of 90_ to the right and along the South line of said Lot 7, Block 1, RO•CHAN SUBDIVISION 118.25 feet to a point of intersection of said South line of Lot 7, Block 1, RO-GRAN SUBDIVISION with a curve whose radius is 46.00 feet and which is concentdc with the turnaround at the South end of Ingalls Street as shown on the recorded plat of RO- CHAN SUBDIVISION; THENCE East- erly along said concentric curve a distance of 60.12 feet to a point; thence Eastedy at right angles to the West line of said SEt/4 NE1/4 NW7/4 125.00 feet; thence Northerly on an angle to the left of 90_ a distance of 42.58 feet to the South line of Block 2, RO-GRAN SUBDIVISION; thence Easterly on an angle to the right of 90_ and along said South line of Block 2, RO-GRAN SUB- DIVISION projected to the East, a dis- tance of 224.67 feet, more or less, to the East line of said SE1/4 NE1/4 NW1/4; thence Southerlyy along the East line of the SE7/4 NEt/4 NW7/4 38!.66 feet, more or less, to the TRUE POINT OF BEGINNING, Except the east 30.00 feet thereof con• veyed to Jefferson County by deed recorded in Book t 784 at Page 298. Manlvn Gunn Marilyn Gunn, Secretary ATTEST: Wanda Sang, City Clerk Wheat Ridge Tmnscdpt 3772-97 Published March t4, 199 I 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone 303/ 237-6944 Ridge March 21, 1997 This is to inform you that Case No .MS-97-01 which is a request for annraval~a three (3 resubdivision on property toned Planned Residential Development for property located at X90 Parfet Street will be heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 YVest 29th Avenue at 7:30 P.M.. on April3.1997. All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the PLANNING 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 desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" Linda Slater , Kazla Fish Papa Bear Whitmore 3501 Parfet St. 3500 Parfet St. 3380 Parfet St. Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 ' Francis & Mary Morriss 3505 Owens St. Wheat Ridge, CO 80033 /~1 Y POSTAGE AE7URN SHOV! i~NO RE$TRICI'Eb ERY ~ RECEIPT DELIV P-DRESS OF OELNEPY (T1 GERFIFIEO FEE-RETURN REG_IPT l~ SERVICE ~ TOTAL POSTAGE AND FEES ITI SENT 70 aINDMNceCaYERAGEPRDNDED ~ NOi FOR INTERNATIONAL MAIL f'3 Linda sinter a .~ 3501 Fnrfet Street °~ Wheat Ridge, C~ 80033 a - -. __ ,e..,.._.._ : -- ~ _ , PosTnGe SENDER: ~~ RETURN ENO.a~ To w"oMJ ~ Complete items 1 and/oT 2 far addi F OE ~ RECEIPT _ ADDRESS O ~1~mt ~y0!I( Dam9 alY~ atlE1B54 On C [~ SERVICE CERTIFIED FEE+ -.-. tp Y?i!__.-.o .r „',.' ~,.--.. - ~-. ~ _ TOTAL v05TAGE ~ poach this kriri to the front of the TO: SENT - N 1 UPAN •TfIB RMWfI RBC2pT W1119tWW TO WI NoTFO ~ . Atltlressedto:'~~ ::. 3. A~de ~ f ; ~ a .~ ~` p PrattCiB is ,y &/ ~ Frattcis ~ ,. ~ 3505 Owene :.3rQ3,Oweita" . ~~ . Wheat Ridg ~ ~ •_WhenC:&id$e a . _ - - - ~ .- ~ ~ PosTaGE NDER: s r. . 3 i'.' ~.~ G ~ ~ R'cTURN SNOW TO wRoti, ADDFESG OF DELI a >ptete Items 1 and/a 2 Ni s - " - - ~- - ~ RECEIPT - CERTIFIEDFEE+ your flame arW atltl~ ! m _;`~_ ~ ~ ~ ~' _ ' ~ - C~ 0 SERVICE - - TOTPL POSTAGE - h fhb form to 1h8 host Of, - ;t - '4 ~ ~ -N N SENT 70: NaT FO ~ 7fgRelum Fecaipt will sflg_v,lo t " ~ h _ , g ~ ~ ~~ ~~ rT1 _ I eAdtlressDd toy ? t $ g~' S ,_._ ' a garla Fish ~ar2a Ftolt ~ ~ ~ ~ a .r . 3500 Parfet ~ : , ' x ~ 35 ~arEet o , o ~ - o ~ ~, ~ , ~ _ ° a Q Wheat RidE ~ . ,~,, idizmat Rich m < ~ ~ o ~ ~ N 4 ~ ~ -~" „„`~ Ems.: n ' ~ m m m ,~ Q' -. c ~ ^ (] r~ + ;' ' N 37 Di ~. m m a ~ ~ Q ~ - B (Print Nam - l d ~ - ~ ' ; y ~ ~ a '< . s -t r _ - ~ ~ y . ~ ve y e _ , : ~ LJ ;-- . POSTAGE A ~. ~ ~ N w.. 3 ~ m y ,ro ~ RETURN nooRes50F - -~~• _,. ~ ~ -- ~ .._ ~ N $ O - m ~ m m m, RECEIPT CERTIFIED FEE ~~aER BfIM tent/OT2foTa ~ ~ - - W ~' ~ ~ ~ X~ N 0 SERVICE ._ TOTAL POSTAL • pi11k yrouf rlallle 8M add2aa I ~ `. ry w ID fTl r SENT TO: NOT ~, attach tM1ls farm to The from a( - m V ' rl • 71q Return Receip[ will show'to '- t PaPn Bear 1,. 3. ATLDIe Atl resse to ~,~ °-, -- 1-----------------°---..--___ Thank you for using Return Receipt Service. o 3380 Parfer. ~~:' ~ ~ Wheat P.idgt ~~a~ FaPa'':Raa; ~?~€irfet 338ti n ~ _ Wheetr~Ridge I ,i'3li3H liV310NV OlOd ,~ ~ '~ PS FORM 3800 ~_C -_ - _ _ - __ _ _ 1 5. Received By: (Print N ~ r . ' ._ ( 9nature (Addressee ! 8. S1 u " ~ - .. - .. <. ~PS R SL~itJa;iu~4 y~s$@lE t iii.'s s i t4 if s~s~t ~~C~gr~gi~~~~hirnljeceipt _~ _ i7 i'~iii.i.i ... `ii t_i= ~~..i il~ iii' i _: ~_i;. .i 2!7! - __ -..._. .., _. _. -.. .._ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 3, 1997 CASE NO. S NAME: MS-97-1/Schaeffer ACTION REQUESTED: Three (3) Lot Resubdivision LOCATION OF REQUEST: 3490 Parfet Street DATE PREPARED:Mt~~arch 24, 1997 CASE MANAGER: wM. Reckert NAME 8 ADDRESS OF APPLICANT(S): Edmund Schaeffer 11493 W. Briarwood Lakewood, CO 80226 NAME & ADDRESS OF OWNER(S): Same APPROXIMATE AREA: 1.18 Acres PRESENT ZONING: Planned Residential Development PRESENT LAND USE: Single Family, Vacant SURROUNDING ZONING: N: R-2; S:, E:, W: R-1 SURROUNDING LAND USE: N, S: single family; E: vacant, single family; W: vacant, school COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential DATE PUBLISHED: March 14, 1997 __ ~~^-A DATE POSTED: March 20, 1997 DATED LEGAL NOTICES SENT: March 14, 1997 RELATED CORRESPONDENCE: (X) ATTACHED ()NONE ENTER INTO RECORD• (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X} ZONING ORDINANCE ()SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS ()OTHER 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 Case No. MS-97-1/Schaeffer i. REQUEST Page 2 The applicant requests approval of resubdivision of property located at the southeast corner of West 35th Avenue and Pazfet Street. II. CASE HISTORY The property in question was rezoned from Residential-One to Planned Residential Development and platted into three (3) lots pursuant to Case No. WZ-79-13. Restrictions on the plat approval were that Lot 1, at a minimum, would meet the Residential-One standards (12,500 squaze feet of area with 100 feet of lot width) and that Lots 2 and 3 must conform to the Residential-One A development standards (9,000 square feet of lot azea with 75 feet of lot width). The southern two lots both meet the R-IA standazds with 75 feet of lot width and 10,425 squaze feet of lot azea. Lot I is oversized with over 30,000 squaze feet of land azea, however, the northern two-thirds of the lot aze encumbered with a drainage easement. This drainage area is encompassed within the boundaries of Lot 1. Maintenance of this azea is the responsibility of the property owner. Please refer to Exhibit `A' which is a copy of the plat now in place. The applicant is requesting resubdivision to increase Lots2 and 3 to R-1 standards (13,900 squaze feet with 100 feet of lot width) and reduce the amount of detention area by filling. The detention area becomes a sepazate tract and will be dedicated to the City of Wheat Ridge for open space and drainage. Maintenance will be the responsibility of the City. Although the majority of the drainage easement will have been subdivided off, a portion will still remain on lot 1 and 2 as drainage easement. There is an existing house on Lot 3 which will remain. No right-of--way dedications aze required for Parfet or West 35th Avenue. There is curb, gutter, and sidewalk in front of the existing house which new' improvements must be tied into. The applicant has submitted documentation from the Army Corps of Engineers approving placement of fill within the drainage azea. The Corps has no objections to placement of the fill, however, the 404 permit expired on January 27, 1997, and will need to be renewed prior to issuance of a fill permit from the City of Wheat Ridge. The Corps has requested that with the placement of the fill, the following measures be taken: I. Any fill placed be properly maintained; 2. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date; and, 3. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance. All requirements of the Subdivision Regulations have been met. Planning Division Staff Report Case No. iVfS-97-1/Schaeffer IT. AGEVCY REFERRALS A!t responding agencies can serve the property. Page 3 Public Works is reviewing a drainage report and street construction plans. A dumping permit will be required for placement of the fill. Wheat Ridge Fire District has no concerns. Army Corps of Engineers has approved placement of the fill. The 404 permit must be renewed or extended and the measure itemized in Section II of this report must be followed. III. STAFF CONCLUSIONS AND RECOi`4ivIENDATIONS Staff concludes that all requirements of the Subdivision Regulations have been met. Staff further concludes the proposed resubdivision is consistent with the zoning conditions approved by Case No. R-Z-79-13. Since the Army Corps of Engineers has no objection to a portion of the swamp azea being filled, a recommendation of APPROVAL is given for the following reasons: l._ All requirements of the Subdivision Regulations have been met, and, ?. The proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-13. With the following conditions: 1. Renewal or extension of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge, 2. Any fill placed be properly maintained, 3. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized atihe earliest possible date; and, 4. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance. IV. RECOMMENDED MOTIONS Option A: "I move that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Parfet Street, be APPROVED for the following reasons: All requirements of fire Subdivision Regulations have been met, and, The proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-U. Planning Division Staff Report Page 4 Case No. NiS-97-1/Schaeffer With the following conditions: 1. Renewal of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge, 2. Any fill placed be properly maintained, 3. Appropriate erosion and siltation controls be_used during construction and all exposed soils be stabilized at the earliest possible date; and, 4. Heavy equipment working in wetlands be placed on mats or other measures be taken to. minimize soil disturbance. Option B "I move that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Pazfet Street, be DENIED for the following reasons: 1. 3. :' L .V !0 Y AVe ~ ~ el ~ ^ _ ~i - ~ ° -~ -I - x _ - ~; P n ~~.:~ i ~ ~ z _' ~ R-IA }~-~ = x PROS EGT ~y ~ vA ~ =r I M l SGFt - w ~a1o AvC V I ~ Z O w ~ Ave 8 ^ tt) Q1 I n ~ s~ ~~ ~~ ryz ~ a "~ ~ ~ r s~ W v^ w a~ ~ ~tLf i~ ~~ ~ ~ d ~ ~ Q R a ~. -~x~~.~r.~ ~ ...~,. . ... _ ~ -.ae~A._...~:T~'~ H 1'!D AFL -:_. .r .... ~.._~ -.:...~-'.; ~ LAKEWOOD O F F I C I ,~ L ~ ' i ~ 100-YEAR FLOOD PLAT N ZONING MAP =:=~ (APAROXIMAT°_ LOCATION L~ ^ ~ W I I ~,- T I D L E -ZONE DISTRICT BOUNDRY . l I\ - PARG!? 1LOT 80UNDRY R J~ GOO' `I"1D0 (DPSI6NATE5 OWN°RSHIP) -- -CITY LIMIT LIN=_ MAP ADOPTED. _Lna I5, 1994 ' ' -WATER FFI.TURc La•t Raviaion: Saptamber 10, 1996 DENOTES MULTIPLE ADIJRESSES D3MT`ttiT OR PLMMNS NS7 UEWY`yOPYEh7 -275-7M] I ' ~~ ~ •. Y :!~ ~ n.o. ^~l~ 8 `~ 5~^ t .io- w r. ' rca F h I ~~ ; R~ R 0 ~`~.~ NW 28 . a .oo rw .ao _ L:\UIIAW(NGS\PLANNING\~S\NW2S iha City Of :\Di1INIS^l.'~.•1'?'1VL PROCESS APPLICATION Wheat ~RideTe Department of Planning and Development S T00 i~test 29th ,we., Wheat Ridge, CO 80033 ' '" Phone (303) 237-0944 applicant ~:.~In ~i~i~ ~ .N a-c.-~7 Address ~ raa =, I,u o~Z~ n ~~.-..rl Phone 9r~~1 - d~-~.~ _,. Ocmer o-_,.u ..,~ s«ta= =;=r=z Address ~~a ~ r., i~,n ~~ ., n; Phone g,-q -oai 3 Locati-on of request ~5_?-~ A 2 c .; r 1oc n co- 5r - Type of action requested (check one or more .of the actions listed below cahich pertain to your request.) ^ Change of zone-or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision _ _-_- Preliminary Final ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change Flood plain special e:cception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste land_fi11/ mineral extraction permit ^ Other Detailed Description of request =- -- ( o '- C •-v List all persons and companies who hold an interest in the described real.. property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE - -- nn. 11441 V ry+~ n -rnd 9;,.9-OGl-C~'~ Lv ~i ii i4.~. T7 Cnll e-~'~' 347n F~J2 FAT c i 239 ^O~j ,3_( T'.~-L C i -i' t. C o l l -1-I- s~ n a - ~ Stl w. a 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 actor, cannot lawfully be_accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved o£ this action on his behalf. Signature of Applicant Subscribed and sworn to me this L15' day MATTHEW R. JOHN ~~~~~ ~ OTARY PU6LIC Notary Pu ~A SS` I TE OF COLORADO My comet Date Received (- ~~ Receipt No. (', C'O 25`72 Case No. of 19 n ~" dlc ~~YC0~1~+11SSlONIXPIAESiOj%~(5 ssion expires ~`~ RESOURCES CORftJRAT10N ~O G~li+-rx~ Za u /b~vH- Consultants in Natural Resources and the Environmen( ~`---- - "- July 30, 1996 Mr. Edmund Schaefer 9500 11493 West Briarwood Drive Lakewood, Colorado 80226 Dear Mr. Schaefer: Enclosed aze the environmental letters and permits needed to begin construction of your project including: • Nationwide Permit from the U.S. Army Corps of Engineers The letter from the U.S. Fish and Wildlife stating that no new Ute ladies'-tresses survey is needed. In the Corps permit are conditions on how to proceed with dredging or filling a wetland. I have asterisked the azeas of particulaz concern to your project. Please make sure that alt of the pertinent conditions are met. In particular,'I suggest that silt fencing be put around all the existing wetlands (as shown on the original map) to prevent erosion. Also, note that the permit expires at the beginning of next year, on January 27, 1997 when the Nationwide Permit 26 expires. All Nationwide Permits have a 5-year lifetime and, at the end of the period, the permits are reviewed and possibly changed. If your project is not finished by this time, then the permit would have to be renewed under any new requirements that have been added by the Corps. Please call me if you have any questions or comments. Sincerely, c~op~ Denise E. Larson Ecologist cc: Dick Romberg, Lane Engineering Service, Inc. ~. 1740 High Streer, Denver Colorado 80278 (30.3) 320-4400 FAX (303) 320-4491 DEPARTtJIENT OFTHE ARlYiY CORPS OF ENGINEERS, OMAHA DISTRICT. TRI-LAKES PROJECT OFFICE, 9307 STATE H1NY 121 LITTLETON, COLORADO 80123.6901 REPLY TO A7"fENiION OF July 15, 1996 Ms. Denise E. Larson ERO Resources Corporation 1740 High Street Denver, Colorado 80218 RE: Nationwide Permit No. 199680704 Dear Ms. Larson: UI~C~ OM C~ ,.iUL 1 7 iga} We have reviewed yotir request for Department of the Army authorization to impact approximately 0.082 acre of wetlands at the Schaefer Subdivision. The project is located in Section 28, Township 3 South, Range 69 West, Jefferson County, Colorado. Based on the information you provided, this office has determined that your work within Colorado can be authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330 Appendix A, {B)(26). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the General and Section 404 only conditions which must be adhered to for this authorization to remain valid. ~ Although an Individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable federal, state, tribal, or local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. You are advised that this verification of the nationwide permit authorization is valid until January 27, 1997. The U.S. Fish and Wildlife Service (USFWS) has officially listed the Ute ladies' tresses orchid, Spiranthes diluvialis, as a threatened plant species under the Endangered Species Act. This plant may occur in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated flood plains below 6,500 feet elevation in certain areas in Colorado. This office is aware of the Ute ladies' tresses orchid survey sent to the USFWS for this project. In order for a Department of the Army authorization to be valid for your proposed project, the Corps of Engineers must ensure that the existence of this species or the habitats in which it is found will not be jeopardized. Once the USFWS has approved the survey and determined that no plants will be jeopardized, your Nationwide permit will be valid and you may proceed with your project. If your survey locates Sniranthes diluvialis, consultation between the Corps and USFWS will be necessary under Section 7 of the Endangered Species Act before you may proceed. Ptlnte7 on ®RecyGed Papa -2- If you have any questions concerning this determination, please feel free to contact Mr. Terry McKee of my staff at (303) 97.9-4120 and reference Nationwide Permit File No. 199680704 and Jefferson County. Sincerely, T' othy .Car Pro~I~~t-A4~nager Enclosure. Copies Furnished: U.S. Fish & Wildlife Service Colorado Department of Public Health & Environment Environmental Protection Agency Colorado Division of Wildlife Fact Sheet /!26 33 Ck1t'Section 330.6 Nationwide Permits (b) Authorized Activities• -_ (2~ Headwaters and Isolated Waters Dischar es Dischazges of dredged or fill material into headwaters and isolated watets provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the district engineer if the discbazge would cause the loss of waters of the United States greater than one acre in accordance with the "Noti£tcation" genera( condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special ,aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and c. The discbazge, including all attendant features, boffi temporary and permanent, is part of a single and complete project. For the purposes of Ibis nationwide permit, the acreage of loss of waters of the United States includes the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. The ten-acre and one-acre limits of NWP 26 are absolute; and cannot be increased by any mitigation plan offered by the applicant or required by the DE. Subd'visions~_For any real estate subdivision created or subdivided after October 5, 1984, a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the aggregate total toss of waters of the United States for the entire subdivision to exceed one (1) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the DE exempts a particulaz subdivision or parcel by making a written determination that: (1) the individual and cumulative adverse environmental effects wou]d be minimal and the property owner had, after October 5, 1984, but prior to Tanuary 2I, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustrate his investment-backed expectations, or (2) that the individual and cumulative adverse environmental effects would be minimal, high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is estab]ished for a subdivision, subsequent lot development be individual property owners may proceed using NWP 26: 'For purposes 8f NWP 26, the term "real estate subdivision" shat! be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, ]easing, or developing said parcels- This would include the entire area of a residential, commercial or other real estate subdivision, including alI parcels and parts thereof. (Section 404) Structural Discharge pischarges of material such zs concrete, sand, rock, etc. into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as piers and docks; and for linear projects, such as bridges, transmission line footings, and walkways. The NWP does not authorize filled structural members that would support areas and other such structures. Housepads or other building pads are also not included in this nationwide permit. The structure itself may require a section 10 permit if located in navigable waters of the United States. (Section 404) (c) General Conditions- The following general conditions, where applicable, must be complied with for the Nationwide Permit authorization to remain valid: (1) Navigation. No activity may cause more than a minimal adverse effect.on navigation. (2) Procer maintenance. Any structure or fill authorizx~i shall be properly maintained, including maintenance to ensure public safety. (3) Erosion and siltation controls. Appropriate erosion and siltation controls must be used and matntatned in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. -~ (4) Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. (5) Eauiomegt, Heavy equipment working in wetlands must be placed on mats or other measures m st be taken to minimize soil disturbance. (~ Reaiona- and case-bv-case conditions T'he activity must comply with any regional conditions which may have been added by the division engineer and any case specific conditions added by the Corps. ('n Wild and Scenic Rivers No activity may occur in a component of the Nations[ Wild and Scenic River System: or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Pazk Service and the U. S. Forest Service. (S) Tribal Riehts. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. (9) Water Quality Certification ,In certain states, an individual state water quality certificaticn must be obtained or waived. (ltl) Costal zone management._ In certain states, an individual state boastal zone management consistency concurrence must be obtained or waived. (Il) Endaneered Scecies No activity is authorized under any Nationwide Permit which is likely to jeopazdize the continued existence of a threatened or endangered species or a species proposed for such designation, as ideutified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the district engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notifi^~ by the district engineer Lat the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Infoanation on the location of threatened and endangered species and their critical habitat can be obtained from the U. S. Fish and Wildlife Service and National Mazine Fisheries Service. (12) Historic orocerties. No activity which may affect Historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the district engineer has complied with the provisions of 33 CFR 325, appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittce has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Ac[ have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historical Preservation Office and We Nations! Register of ffismric Places. (13) Notification-_ (Not Applicable) s>cfroN ~toa ort~,Y on~rrrons In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: (1). Water Supply retakes No dischazge of dredged or fill material may occur in the proximity of a public water supply intake except where the dischazge is for repair of the public water su 1 structures of adjacent bank stabilization. pp y intake (2) Shellftsh production No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4. (3) Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material dischazged must be free from toxic pollutants in toxic amounts. (4) bliti2ation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable ai the project site (i.e. on-site), unless the district engineer has approved a compensation mitigation plan for the specific regulated activity. (5) Spawnipe areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. (~ Obstruction of i~h flows To the maximum extent practicable, discharges must not permanently restrict or impede the passage of noimal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). ('n Adverse impacts fmm impoundments If the discharge creates 2n impoundment of water, adverse impacts on the aquatic s}'stem caused by the accelerated passage of water andlor the restriction of its flow shall be minimized to the maximum extent practicable. (S) Waterfowl breeding areas _Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. (4) Removal of temporary fills Any temporary fills must be removed i their entirety and the affected areas rammed to their preexisting elevation. ~~~at ~.ibge ~ni~~D~ ~ei~~j~or~jaobs, inc. April 03, 1997 Ta; 1Vheat Ridge Planning Commission Re: Case No. MS-97-1 (Edmund Schaeffer) Plheat Ridge United Neighborhoods (N.'RUN) is concerned about the "wetlands" located on the subject property. Some years ago i~rRUN became a part of the Environmental Protection A.gency's (EPA) ~Netlands Adoption Program, and was designated as an official "wetlands Vlatch Group". Subsequently we adopted a number of these vital resources in or near the Oicy of whear Ridge. One of these was identified as the "Ernestine Williams' Drainage Vday", which includes the sub- ject property. It naturally.~~ILo•vrs t'r_at the issue before you tor_ight is of interest to us. For y our inforr::a~ior., this wetland area has been steadily developed and with each development a further loss of these important wetlands. This property vras a large wetland, but what remains is only a small remnant. Earlier we have protested further filling of these wetlands; however, prior development and fill had reduced the acreage to the paint where the Corps of Engineers (who issue the 404 Permit) seemed to have no jurisdiction, in other words less than the one acre minimum required:oy the Corps. Elie have been in touch vrith the Corps of Engineers over the years and do know that a 404 Permit was issued on July 15, 1996 and has expired in January, 1987. Since a renewal has been applied for, but has not been received by the developer, we respectfully request that the Planning Commissior, postpone finalization of this Case until the City has a copy of .the permit in hand. Then and only then, we ask thag you use ex- treme caution when any further filling is requested. Respectfully, YVHEAT~~RID``G..E~~UNITED NEIGHBORHOODS ~~!E~^, _ '~rtr United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Scrvicee Colorado Field Ofnce 730 Simm+ Slreet, Suite 290 Golden, Colorado 80401 ES/CO: ES/Species/Plants/ Spiranthes diluviaGs/ Survey Reports Mail Stop 65412 Denise Lazson ERO Resources Corporation 1740 High Street Denver, Colorado 80218 Deaz Ms. Larson: rr_ ~~ r: Ill ~ ~UL 2 5 i99~ ' Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et sue.), the Service reviewed your request to re- evaluate the "no suitable habitat" results of a 1992 survey performed by Richard Brune for Spiranthes diltrvialis (Ute Ladies'-Tresses Orchid) at the site of the Schaefer's Planned Residential Development in Wheatridge, Colorado ('T'ownship 3 South, Range 69 West, NW'/., SE'/a, NW'/a of Section 28). Based on USFWS Interim Guidelines, the-~ilrvey was valid for three yeazs and technically expired in 1995. However, the Services_ concuz~witl>youur determination that~onditions at the site-have not h-~chang_ed since-the 1992 survey and ochid habitat is still not present at the site. Therfore, the Service concurs that the project should not adversely affect the continued existence of the orchid. The Service appreciates your submittal of this request for our review and comment. If the Service can be of further assistance, please contact Jan McKee at (303),231-5280. Sincerely, ~~_~"yi fG`--~ I LeRoy• •. Cazlson Colorado Field Supervisor cc: U.S. Army COE; Littleton, CO (Attn: Rex Fletcher) Reading file Project file Aefermce: 7PM•ps\ORC}DD119951SDER00717.wpf 1 -~~~ RESOURCES CORPORATION Consultants in Natural Resources and the Environment May 8, 1996 Ms. Jan McKee U.S. Fish & Wildlife Service 730 Simms Street, Room 290 Golden, CO 80123-6901 RE: NWP 26 application for property at 35th and Parfet Dear Ms. McKee: Mr. Schaefer proposes to fill in a small portion of a cattail marsh along a storm water enhanced intermittent drainage. As part of'the N3tiottwide Permit 26, a Ute ladies'-tresses orchid (Spiranthes diluvialis) survey is required. Rick Brune, Botanical Consultant, conducted an orchid survey for Mr. Schaefer in March 1992 (see attached). At the time, he concluded that the site was disqualified as a survey site. Since the same characteristics as Rick Brune described at the site still occur (see Figure 1), I believe the disqualification still applies to this property. If you concur with this analysis, please send me a letter confirming that the property does not need to be resurveyed. Thank you. I look forward to hearing from you soon. Sincerely, ~o~~~ Denise E. Larson Ecologist cc: Edmund Schaefer, Owner Dick Romberg, Lane Engineering ]740 High Street, Denver, Colorado 802Iti (303) 3Z0~4406 FAX (.3031 3 20-44 9 1 Survey Results for Ute Ladies'-Tresses Orchid Spiranthes diluvialis Prepared for: Edmund Schaefer 3695 Lee Street Wheatridge, CO 80033 Surveyor: Richard Brune, Botanical Consultant 2060 Garland, Lakewood, Co 80215-1630 (303) 238-5078 Project Description: Schaefers Planned Residential Development. Project will result in filling all or part of a cattail dominated wetland. About 0.3 acres of wetland are affected. Site Location: Southeast corner of the intersection of 35th Avenue and Parfet Streets, Wheatridge,. CO. T03S R69W NW1/4 SE1/4 NW1/4 528. Elev. 5425'. Survey Dates: 3/5/92. Ute Ladies'-Tresses orchid had about 1/4" new growth at known location along with ' a few previous years inflorescences. Survey Results: Ute Ladies'-Tresses orchid was not found on this site. The site is disqualified because it is 1.) in part fill with steep backslopes; 2.) in part roadfill; 3.) indicator species • are absent; 4.) wetland species do not occur to any extent outside the cattail marsh; and 5. ) soils and geology differ from known sites. Ecological and Site Features: This site is a small cattail marsh apparently maintained by runoff from nearby streets and residential areas. It occurs along a small, intermittent drainage which under natural conditions probably only flowed after rainstorms. The now perennial wetland is due mostly to blockage of water movement by street berms on two sides. Most, if not all; of the immediately adjacent area is fill (soil, concrete., refuse). This fill extends to the edge of the wetland at an .angle steep enough to .preclude the growth of wetland species outside the cattail area. The border makes an abrupt change from cattail marsh to upland species. For all practical-purposes, wetland species do not occur beyond the border of the cattails. A few small colonies of Scirpus americanus (American three-square) and Eleocharis sp. (Hairgrass), are present. The dominant vegetation adjacent to the marsh is a mixture of Bromus inermis (Smooth brome), Agropyron repens (Quackgrass), Melilotus sp. (Sweetclover), Phalaris arundinacea (Canarygrass), Phleum pratense (Timothy), Cirsium arvense (Canada thistle), and Medicago sativa (Alfalfa). There are a number of small Ulmus sp. (Elms), Populus deltoides (Plains cottonwoods), Elaeagnus angustifolius (Russian olive), and a few roses (Rosa cf woodsii). Indicator species for Ute Ladies'-Tresses orchid are absent as are most wetland species. Ecological Condition: The area outside the cattail marsh is highly disturbed and in very poor condition. It is dominated by exotic species. Conditions for the growth of Ute Ladies'-Tresses appear to be absent. Geomorphology and Soils: This site is in a residential area about 0.7 miles south of Clear Creek and 45 feet higher in elevation. It is in a shallow drainage between low rolling hills. Geology is Denver and Arapaho Formations (TKda) which is a mixture of claystones, mudstones, conglomerates, and sandstones of tertiary or cretaceous age. Soils are classified by the Soil Conservation Service as Haverson loam, 3 to 9% slope (61). This is a deep, well-drained loam found on floodplains and terraces. Hydrology: The marsh area is saturated. The adjacent areas quickly become dry due to the slope of the fill and adjacent soils. The wetland appears to be maintained .by runoff from streets and residential areas. References: Price, Alan B. and Alan E. Amen. ca.1980. Soil __ Survey of the Golden Area, Colorado. USDA Soil Conservation Service. Attachments ~f t~ a SC' ~Vj\Prf ScJ,~el ~~ `-h L ~~ 3S~I, Aye, ~r~,~f, .1~,~,;y- L.. P i; U ~~ p Gi n ~ ~ ~~ C U O ~ ~ Gd ~~~`~ o ?' ~?~ ~ ~ ~. ~' Ca v,o G G "~` r E ~~~.. r r i,~ ~ ~ ~ 1 y ~. ~, ,- Y L_~ -/2~F,'~iCnf fNIP a l .5~ CC ruf.~1. ~- =L ~ - -tom - - - \\-Cl ] ], y 1~ y T r L '\ ~ _\ ~\}~ l \~ ~ ~ ~ ~ 11 fI~G'f0 -lo nlLr~l'1 ~. ~ -t ~- -~ . ~ -~- ~~ ~ ~ ~ --t r oao-= old ~,~lf L^oad ~;ll x xx = r-pc e..-F ~I'.'II f q 1 1 TT f =~1~Y'O.S I'7/C,D 1UnC~P~ C1r1 P~~~~~ P/c'~J w ~ f'1~C ifG l.~'FPtlS r.. OI~ ~<~II. . SGIadP~~l..S ~~(~v+172d ~i°Si ~~i~7"ia-~ 3~5~93 ~~y ~zcN~Rp R>;vn~~ I~ve la~rn ~f ~„ ;y ~ (1 Sri Appendix 1. Statement of Surveyor Qualifications for Ute Ladies'-tresses Orchid Spiranthes diluvialis Surveyor: Richard Brune 2060 Garland Lakewood, CO 80215 Title: Botanical Consultant Ute Ladies'-Tresses Orchid Wheatridge, CO 8/24/91 T03S R69W; SE i/a Sec. 20 Education and Training: 1963-1967 Illinois College, Jacksonville, IL - B.S. Chemistry 1967 -- 1967-1969 University of Alaska, Fairbanks, AK Graduate work in chemistry 1971-present Classes in wildlife management and ecology at University of Wyoming and Colorado State University Classes in plant taxonomy including Asteraceae, Botrychium, Bryophytes, Graminae, Juncaceae, Orchid- aceae, Potamogetonaceae, and Salicaceae. Also classes in wetlands ecology and identification of aquatic plants. Experience: 1940 to present Surveys for rare plants and plant com- munities throughout Colorado. Located new occurrences for many rare species including butterfly weed Asclepiastuberosassp.interior ... grass fern Asplenium septentriarale -- Lorimer aletes Aleres humilus green spleenwort Asplenium wide Riple}~s milkvetch Astragalus riple}R pale moonwort Botrychium pallidum Rachina daisy Erigeron kachinensrs Sierra corydalis Corydafis caseana ssp. brandegei ~y~ ~y Lilium phfladelphicum Standley cloak-fern Notholaena standleyi pale blue-eyed grass Sisyrinchium pallidunr ~~ TiiTlium ovaturn Weatherby spikemoss Selaginella weatherbiana carrion [lower Smil¢rlasioneura U[e ladies'-tresses orchid Spiranthes diluvialis I have also surveyed for and found new occurrences of rare plant commtinities including big bluestem-little bluestem xeric tallgrass prairie; Parry oatgrass montane grassland; blue spruce-narrowleaf cottonwood/alder riparian forest; bluestemwillow-willow/Canada reedgrass mesic carr; and ponderosa pine/mountain mahogany/big bluestem woodland. My experience with Ute ladies'-tresses orchid includes visit- ing many of the known Colorado populations with experts such as Bill Jennings, David Buckner, and Tamara Naumann_ I have also monitored Spirantltes populations along Clear Creek for about 13 yeazs and mapped new oc- currences. The U.S. Fish and Wildlife Service recognizes me as a qualified surveyor who is also qualified to train others to perform surveys. 1984-1987 Denver Botanic Gardens: Worked on develop- ment of gazdens displaying native plants and plant com- munities. 1971-1983 Analytical chemist, various companies: Lab manager and chemist for environmental chemistry including soil, air, water, and radiochemical analyses. -. References: Bill Jennings, Consultant and Colorado orchid authority Betsy Neely, Biologist, The Nature Conservancy Alan Carpenter, Biologist, The Nature Conservancy ~, , rn~ cay or ADMINISTRATIVE PROCESS APPLICATION Wheat Rid e Department of Planning-and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033,_.- ' Phone (303) 237-6944 Applicant ~~tyi~~u~ ~;}-}e..c~i7 Address tt443 Lu 62fc:n~~~.-~dPhone qr,,q -04~~3 Oc•;ner p-p,y~~, ~,~ SC_F-IaF ~i-~2 Address [u ~i3 f~7 r'iRiasz i~c^rc~ Phone 0.r•.Q -OQ-/ 3 Location__o_f request =,S f-c. A e c ,., d 1~~ n c2T ~~ Type of action requested (check one or more .of the actions listed below cahich pertain to your request.) ^ Change o£ 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 mineral extraction permit for specific requirements. ^ Other Detailed Description of request Q-ri,.5;- L o ~ L ' •-et List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE L-T m~,un SCI.. .,P~n f 1~1 ~f3 .V ~r7 nn ., c~~1 q/..9 -O CLC w'~tii~w.r~ c~,lie_~4- 3h7nP?~zFVr ar 239-oR.3t 13ZI[„~ TE Collo-F-~ rtan,o SA n., e, 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 power-of-attorney from the owner which approved of this action on hgis behalf.0 / Signature of Applicant ~~~„dd,,yy~~?~~[~-~/ Subscribed and sworn to me this /~5f'~ 'ay of _ NUU~' 19 R~" MATTHEW R. JOHN ~`~~1- OTARY PUBLIC Notary Pu is S~~~' My com lesion ~~YPOMMiSSIONIXPiAES10j25(5~ TE OF COLORADO ~zazrz' Date Received / - ZY- `/ ~ Receipt No. (_, 00 ZS YZ Case No. ~ .s ~~ ~~~ ~'~n $ ~ ~~ ~ d ~'•^ 'V~ I S ~~ ;_ - Z ~ ~_i~ ~_I I _ ~ PROS EGT - h ~ VAL Y Q M ~ J a n R _R w adm n`e O O'~ w •JSwD nVL Q J 61 n %1 8 _ m w o~ ~ e OR S O~ RR' NR ~ ~ ^ O R>-O N m Wr ~ q~ W aN ux ~~ w ~> s ~ R ~ ~ 4 _ R a ~. _ _ - -.-.m ...-..,-: n^ ., ..,,~ -~ ,. ,. y -N5]t .... a7 AIL- . _-- .'~-~- . ~:~ - i : V .. _ ei i.-~.-e-. O F~ I G I t~ L ; 100-YEAR FLOOD PLAI N ZONING MAP ==~ (APPROXIMATE LOCATION) -ZONE DISTRICT 90UNDRY /~ W rf E T~ T R I D G~ - PARGEL,LOT BOUt~IDRY I GOLOR~DO NERSHIP) ILII E --~-GITY MIT LINH MAP ADOPTED: Juno I5, 1994 ' " -WATER FEATURE Laot Reviian~ Soptombar IB. 1996 _ DENOTES hNLTIPLE ADDRESSES w xn~ ~r Q~ ~- W ~- r I n 0 - o O -.r .. da/; \ 7 .~ o a m »a w .oo SCALE I'~400 cEPMirBff CP PI-hfWN6 MID DEYB.OPt@.T - 2YS~]D52 - -.- L'\DRAW[NGS\PLANNING\DS\NW28 4 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 3, 1997 CASE NO. & NAME:_-,~- - S=97-1lSchaeffer ACTION REQUESTED: '[(iree~(3) Lot Resubdivision DATE PREPARED:M~~arch 24, 1997 CASE MANAGER: wM. Reckert NAME & ADDRESS OF APPLICANT(S): Edmund Schaeffer 11493 W. Briarwood Lakewood, CO 80226 LOCATION OF REQUEST- 49.0-Partet Street '. _ _ NAME & ADDRESS OF OWNER(S): Same - ~ `DATE PUBLISHED: March 14, 1997 A ` n~ .., ti ° DATE POSTED: March 20, 1997 .~~ DATED LEGAL NOTICES SENT: March 14, 1997 RELATED CORRESPONDENCE: (X) ATTACHED (.) NONE ENTER INTO RECORD: ~. (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ()SLIDES ~~~ (X) SUBDIVISION REGULATIONS (X) EXHIBITS O„~' O OTHER ----------------------------------------------------------------------------------- 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. APPROXIMATE AREA: Acres PRESENT ZONING: ~I~nned-Residential_Deyelopment PRESENT LAND USE: mingle Family, Vacant - SURROUNDING ZONING: N: R-2; S:, E:, W: R-1 SURROUNDING LAND USE: N, S: single family; E: vacant, single family; W: vacant, school ~, COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential ,r, ... Planning Division Staff Report Case No. MS-97-1/Schaeffer I. REQUEST Page 2 The applicant requests approval of resubdivision of property located at the southeast comer of West 35th Avenue and Pazfet Street. II. CASE HISTORY ~,/ The property in question was rezoned from Residenntial-One to Planned Residential Development and platted into three (3) lots pursuant to Case Noes?9 13._ Restrictions on the plat approval were that r', ~~~ at a minimum, would meet the Residential-One standards (12,500 squaze feet of area with 100 --- feet of lot width) and that L=ots 2 and ~ must conform to thesidential=One A development standazds (9,000 squaze feet of lot area with 75 feet of lot width). The southern two lots both meet the R-lA standards with _ - eet of lot width and'~0,425-squaze feet of lot azea. Lot 1 is oversized with over ~A~QO~square~ee~of land area, however, ttorthen two-thirds of the lot aze encumbered with a drainage easement. This drainage azea is encompassed within the boundazies of Lot 1. Maintenance of this area is the responsibility of the property owner. Please refer to Exhibit `A' which is a copy of the plat now in place. The applicant is requesting- esubdivision to increase Irots2 and 3 to R-1 staiidazds (13,900 squaze feet ._ .. with 100 feet of lot width) and reduce the~ount of detention azea_by filling. The detention area ~ becomes a separate tract and will be dedicated to the City of Wheat Ridge for open space and drainage. Maintenance will be the responsibility of the City. Althoughtt~e{maiority ofthe drainage easement will have been subdivided off, abortion will sfillremain on lot 1 and 2 as drainage easement. There is an existing house on~:o-t_3 which will remain. -1~2[_~ht=of-way dedications aze required for Pazfet or West 35th Avenue. Thete is butter, and sidewalk in front of the existing house which new improvements must be tied into. The applicant has submitted documentation from the Army Corps of Engineers approving placement of fill within the drainage area. The~oips has no-objections to placement of the fill, however, the 404 permit expired on January 27, 1997, and will need to be_tiewed prior t_o issuance of a fill permit from the City of Wheat Ridge. The Corps has requested that with the placement of the fill, the following measures be taken: 1. y"fill-placed be properly maintained; 2. ~proprat~ erosiori'ani~siltation controls be used during construction and all exposed moils be stabilized at the earliest possible date; and, 3. ~cy_equlpmen_fworking in wetlands be placed on mats or other measures be taken to niinrnize-soil disturbance.- ~~ ~klirequirements of the Subdivision Reg"ulafiorCS-have been met. w Planning Division Staff Report Case No. MS-97-1/Schaeffer II. AGENCY REFERRALS All responding agencies can serve the property. Page 3 Public Works is~°e'viewinb~a drainage-report and street construction plans. A_d_um_ping permit will be required for placement of the fill. Wheat Ridge Fire District has no concerns. ~y Corps ofEngmeeis~ias approved placement of the fill. The 404 permit must be renewed or extended and the measure itemized in Section II of this report must be followed. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that all Pequirements of the Subdivision Regulations have been met. Staff further concludes the.~oposed resubdivision is consistent with-the zoning conditions approved by Case No. WZ-79-13. Since the Army Corps of Engineers has ~~`o_bjection to_a portion of the swamp area being filled, a recommendation o~1?c'P_PROVAL is given for the following reasons: 1. requires ofthe Subdivision Regulations have been met, and, -: a._ - 2. The proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-13. With the following conditions: 1, eiiew~`or extension of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge, 2. Mill placed be properly maintained, 3. appropriate erosion and siltation controls be used during construction and all exposed s ils be stabilized at the earliest possible date; and, 4. eavy equipment working in wetlands be placed on mats or other measures be taken to F maze soil disturbance. IV. RECOMMENDED MOTIONS Option A: "I move that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Parfet Street, be APPROVED for the following reasons: 1. All requirements of the Subdivision Regulations have been met, and, 2. The proposed resubdivision is consistent with the zoning conditions approved by Case No. WZ-79-13. w Planning Division Staff Report Page 4 Case No. MS-9Z-I/Schaeffer ' With the following conditions: 1. Renewal of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge, 2. Any felt placed be properly maintained, ` 3. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date; and, 4. Heavy equipment working in wetlands be placed on mats or other measures be taken.to minimize soil disturbance. Option B "I move that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Parfet Street, be DENIED for the following reasons: 1. 2. 3. n. ~1 I n' pL w.a, nonm.a . . ....... ,. n>.ou w.. Tnw.. i0, H.oo.+ma n ...>. o. rn..a. p.wu. q Sl u. us nrt~...u. _ Sv L w?~- Fr[Tr KcT vipCt - - - ~ '+ - F~+ I ~ •r / / ' u P I ( FAF 8 71 - ~ ~// /~// PARFET STREE/• _ _ ~ //_ _- ..-.- ~ -_ _-, -_.___ gll s ~ ~ /~ Ni O ~~ ~' T .003TI129 ~~~- / _» 's=.196.2E ~~ L I ~ , » no• ,p ~ \ 75.0 1 ( ~- ( / ~ ~ / ~ I I / !%---' ~ `'~ I' ~x5.oo' \Y. ~ I 1, / ' r mil; G. ~ '~. + ~.{ ~' i ~. a l~ 1. J' ` l l li 11 it ' ~ 1 " ~ l ~ /r ` I Y : \\ ~ `~, > , (~ ~ i elll b J. 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" ~ i j e ~ N A ° i ~ ~ v i ^ ~ i y ~ S ~ ~ ~ I'~ is i~ S ' `C I a. . a yl ~h n i ~ S y / 4:.. ~ ~ •~.~r . :,m. ~^ •. . -a- ma c:- --ac n v m Z r 0 m m O rn 'I Z D r ~ ; R1 t^ m ~ r ~ 0 ~ Z Z O ~ 2 m D ~ Z K z o O ~ m O m k Z 0 ~ I N ~ 4 V Z -~ -t O 2 m a m z m m 0 z Z 1 0 Q o, ~ . CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N ~5-97=1" LOCATION: 4470 Lee Street APPLICANT(S) NAME: Edmund Schaeffer 11493 W. Brianvood Lakewood, CO 80226 OWNER(S) NAME: Same as above. REQUEST: Three (3) lot resubdivision. APPROXIMATE AREA: 1.18 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 CERV ENY, seconded by Commissioner THOMPSON, that the request for approval of a three lot resubdivision of PRD zoned property located at 3490 Parfet Street, be Approved for the following reason: 1. The property is in the City of Wheat Ridge, proper posting has been accomplished, the City has jurisdiction on this matter. 2. All requirements of the subdivision regulations have been met. 3. The proposed subdiviiion is consistgent with the zoning co ditions approved by Case No. WZ- 79-13. 4. The 100 foot frontage is consistent with the desire of the surroiunding neighborhood. With the following conditions: 1. Renewal of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge or submittal to City Council. 2 Any fill placed be properly maintained. 3. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date. 4. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance. 5. Lot 1 be restricted that no fence will be installed in the drainage easement area as illustred on the revised plat, and. Certificate of Resolution Case No. MS-97-1/Schaeffer 6. That Tract A will be dedicated to the City of Wheat Ridge." Page 2 VOTE: YES: Cerveny, Griffith, Shockley, Williams, Rasplicka, and Thompson NO: Snow I, Mazilyn Gunn, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6 - 1 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 3rddayofApril, 1997. WHEAT RIDGE PLANNING COMMISSION Marilyn Gunn, Recording Secretary WHEAT RIDGE PLANNING COMMISSION PUBLIC HEARING SPEAKERS' LIST A N MS-97-1 DATE: April 3, 1997 REQUEST: A public hearing to consider approval of an application for athree-lot resubdivision on property zoned Planned Residential Development located at 3500 Parfet Street, City of Wheat Ridge. osrtion on equest ___ _._ a~°~ ~~ MINUTES OF MEETING CITY OF WHEAT RIDGE PLANNING COMMISSION Apri13, 1997 1, CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson WILLIAMS at 7:30 p.m., on Apri13, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. __ 2. ROLL CALL; MEMBERS PRESENT: STAFF PRESENT: Anne Brinkman -Absent Cazl A. Cerveny Carolyn Griffith Jay Rasplicka Tom Shockley Nancy Snow Janice Thompson Harry Williams Glen Gidley, Director of Planning & Development Bob Goebel, Public Works Director Meredith Reckert, Planner Marilyn Gunn, Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Heazing of April 3, 1997. A copy of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner THOMPSON motioned, Commissioner GRIFFITH seconded to revise the agenda and to allow the continuance of Item A, Case No. WZ-97-6, to the May 1, 1997 Public Hearing. Motion carried 7-0. Commissioner SNOW motioned, Commissioner CERVENY seconded, to approve the agenda as _ revised. Motion carried 7-0. PIanning Commission Minutes April 3, 1997 Page Z ~• APPROVAL OF MINUTES -March 20, 1997 Commissioner RASPLICKA motioned, Commissioner CERVENY seconded, to approve the Minutes as written. Motion carried 6-0 with Commissioner SHOCKLY abstaining. 6. PUBLIC FORUbt (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) There was no one present to speak. 7. PUBLIC HEARING A. Case No 4VZ-97-6• An application by Goad Times Drive Thru, Inc., for Walter R. Morris for approval of an amendment Planned Commercial Development final development plan. Property is locate at 4020 Wadsworth, City of Wheat Ridge, County of Jefferson, State of Jefferson. Postponed until the Planning Commission meeting of May I, 1997 B. Case No MS-97-1 • An application by Edmond Schaeffer for approval of a three (3) lot resubdivision on property zoned Planned Residential Development located at 3500 Parfet Street, City of wheat Ridge, County of Jefferson, State of Colorado. ivfs. Reckert gave an overview of this case and presented overheads and slides. She stated that the property currently has planned residential zoning on it and that the future land use would be single family. This property meets criteria fot Residential-One A standards. The proposal is to widen the southern two lots by minimal backfill of the drainage azea. The drainage area would be dedicated to the City and maintenance responsibilities then becoming that of the City. Ms. Reckert stated that the Army Corps of Engineers has approved this request with four (4) conditions: 1) Renewal or extension of the 40d permit be approved prior to issuance of a fill permit by the City of Wheat Ridge; 2) any fill placed be properly maintained; 3) appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date; 4) heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance. Director GOEBEL stated that the area is not and has never been a part of the designated flood plain which are governed by the official flood plain ordinances of the City. He addressed concerns regarding illegal dumping and stated that although there has been an occasion or two, it has not been a major problem. Discussion was held regarding the swamp area considered to be area wetlands, dumping control in the drainage area, Corp of Engineers approval to backfill some of the swamp area, type of fill to be used, Planning Commission Minutes April 3, 1997 Page 3 and possible need for approval of Pazks Commission. Chairperson WILLIAMS swore in Edmund Schaeffer, 11493 W. Briarwood, Lakewood, 80226. Mr. Schaeffer stated he is requesting this proposal to provide lazger lots for homes. Commissioner Snow inquired if a retaining wall would be installed. Mr._Schaeffer stated it would be up to the Corps of Engineers and what they advised. A copy of the letter from the Corps of Engineer was provided to the Planning Commission for their information. Chairperson WILLIAMS swore in Bill Collett, 3470 Parfet, who is the applicant's son-in-law. He currently owns the existing home on the property and is in favor of the approval. He wishes to enlazge his personal lot and have the ability to sell the remaining lots. Chairperson WILLIAMS swore in Karla Nostas, 3500 Parfet. Ms. Nostas stated she did not have any strong objections. However, she wishes to be kept informed of what is proposed and is concerned about flood control if the swamp is backfilled. She does not want her property to flood during heavy rains and requests assurances from the City that flooding will not be a problem. Director GOEBEL stated that the original drainage pipe w•as replaced by a box culvert in approximately 1988 which should be able to handle any water drainage. A motion was made by Commissioner CERVENY, seconded by Commissioner THOMPSON, "that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Parfet Street, be Approved for the following reasons: i. The property is in the City of Wheat Ridge, proper posting has been accomplished, the City has jurisdiction on this matter, 2. All requirements of the subdivision regulations have been met, 3. The proposed subdivision is consistent with the zoning conditions approved by Case No. WZ-79- 13, 4. The 100 foot frontage is consistent with the desire of the surrounding neighborhood. With the following conditions: I. Renewal of [he 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge or submittal to City Council, 2. Any fill placed be properly maintained, 3. Appropriate erosion and siltation controls be used during construction and alt exposed soils be stabilized at the earliest possible date, 4. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturb:utce, Planning Commission Minutes April 3, 1997 Page 4 5. Lot 1 be restricted that no fence will be installed in the drainage easement area as illustrated on the revised plat, and, 6. That Tract A will be dedicated to the City of Wheat Ridge." Motion carried 6-1. Commissioner SNOW voted against this proposal because she feels that any wetlands, no matter how small, are a valuable asset to the City and that the City should not approve the fill. The three approved lots could be built upon as they are. There are numerous lots in the surrounding azea of the same size of 75' frontage and 9,000 feet. Director GIDLEY stated that this is a major issue as it relates to the rights of property owners. The Supreme Court decision in the Dolan Case requires consideration of public restrictions on development to the extent that there are certain public benefits derived from regulation. If it is to become policy of the City to regulate wetlands to the extent that no development whatsoever could ever occur, the City needs to seriously look at the possibility of acquiring such wetlands or at least the rights to those lands as it relates to development. C. ('ase No CUP-97-1: An application by the Queen of Vietnamese Martyrs Parish for the Archdiocese of Denver for approval of a Conditional Use Permit to allow a church and ancillary uses in a Residential-Two zone district for properties located at 461 and 4685 Harlan Street, 4660 and 4690 Ingalls Street, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert passed out a memorandum from Pazks and Recreation and presented an overview of this case and entered into the record, overheads and slides which provided colored areas designating the different zones involved on this property. The church has established itself into a campus type facility with multiple buildings on multiple properties. Currently there are three existing buildings on the southern portion of the property zoned Commercial-One and the pazish house and rectory aze located on Residential-Two zoned land. There is a six-foot high chainlink fence with slats in need of repair that surrounds a portion of the property. Because the church has multiple buildings and zonings, Staff requested review of the total site for access and pazking. Appropriate pazking including handicapped requirements and access are being proposed. Ms. Reckert stated,that the exit on 47th Avenue will be limited to right-hand turns only and that Staff is recommending that it be signed as no left-hand turns and there be a raised median constructed. Staff is requiring that the appropriate number of dumpsters and screening from view be added to the plan. In addition, internal signing is being recommended io control traffic flow within the complex. Public improvements will also be required for curb, gutter and sidewalk as well as appropriate percentages of landscaping. Ms. Reckert relayed that a neighborhood meeting was held on February 4, 1997, with good attendance. Much of the discussion included traffic and various other potential impacts on the neighborhood such as fire access, number of membership, would there be a membership drive planned, on-street parking, height of the building, would the church be expanding into a parochial school (which there are no plans at this time), installation of the playground, noise, fencing, would playground be available for public, construction times, etc.. Ms. Reckert provided information of the criteria used to determine appropriate Planning Commission Minutes Apri13, 1997 Page 5 use of this proposal and found that it is within limits and is consistent with the Comprehensive Plan. The Public Works Department will be requiring a drainage report and construction plans for the public improvements. Discussion took place regarding the City right-of--way, lengthening of the pazking spaces, the playground vs traffic, dumpster placement, buffering, landscaping, fencing, building heights, and installation of a crosswalk to the playground. Chairperson WILLIAMS swore in Tom Reek, 9605 West 49th Avenue. Mr. Reck provided information regazding the use of each of the existing and new buildings, overviews of access, traffic flows, the playground, and stated objection to the norther curb cut on Harlan Street being limited to right-out turns only. Mr. Reck stated that this church draws attendance from all over the metro azea as it is the only Vietnamese catholic church available. Mr. Reck has had discussion with area property owners and relayed that there appears to be no opposition to the proposal. A question was raised regazding the opening of Ingalls. Mr. Reck stated that there is a restriction from doing that due to a one foot strip being in place which is not owned by the church. This strip was placed there when the property was originally platted so that there would be no access from Ingalls into the church property. He also reviewed his summary of the affect of traffic flows and access. Chairperson WILLIAMS swore in The Mai, 4495 Harlan. He supports the proposal. Chairperson WILLIAMS swore in Anton Nguyen, 6634 Kendall St.., Arvada. He supports the proposal and would like reconsideration of the right-out only turn requirement. Chairperson WILLIAMS swore in Dr. Robert Hilsenroth, 4675 Ingalls Street. Dr. Hilsenroth stated he had a couple of concerns including who owns the spike strip on Ingalls Court and asked that it be checked. He stated he owns a property at 4675 Ingalls and does not want Ingalls opened. He believes that it will devalue his property. He questioned the square footage of the prior IHOP building and was advised it was approximately 3,000 with the new building having 21,000 squaze feet. He stated that he believed that even though it had been stated that there was no anticipated growth, he felt there would certainly be some especially in light of the fact that this is the only Vietnamese Catholic Church in the metro azea. He wanted to point out that the older children aze actually using the cul-de-sac area which he did not have a large problem with, however, his main concern was the playground azea. He stated that he views the future as providing a preschool and has objection to this use and wants to know what guarantee he has that this will not occur. Director GIDLEY stated that this could happen as an accessory use by the church. Dr. Hilsenroth stated that he felt that when he goes to sell his property he feels it will be devalued. He does not concur with the playground or possibly preschool/day care use. Chairperson WILLIAMS swore in Clarence Palcic, 6145 W. 47th Avenue. He wants to support the proposal, however, he felt that speeding was a problem in 47th Avenue and requested speed bumps be installed to handle current and future traffic. He further stated that vehicles do not abide by the stop sign Planning Commission Minutes April 3, 1997 Page 6 at 47th and Jay Street. Director GOEBEL stated that he would forwazd this complaint to the Police Department. Chairperson WILLIAMS swore in Robert Howard, 4695 Ingalls. He stated that in the 1950's it was established that Ingalls Street would never be opened. He further stated that he did not have a problem with what the church was proposing, however, he was concerned about the width of 47th Avenue. Commissioner SNOW motioned, Commissioner GRIFFITH seconded, "that Case No. CUP-97-1, a request for approval of a conditional use permit to allow a church and ancillary uses on properties located at 4615 Hazlan Street, 4685 Hazlan Street, 4660 Ingalls Street and 4690 Ingalls Street, be Approved for the following reasons: I. It is more desirable than an additional commercial use along Harlan Street, 2. The evaluation criteria supports approval, 3. It provides a land use transition from the more intensive use along Hazlan Street to the playground and low density neighborhood further to the west. With the following conditions: 1. The existing fence on the western property line of 4615 Harlan Street and along the south side of the property be repaired where needed, 2. The curb cut onto West 47th Avenue be limited to right turns only with a sign posted and a mountable median installed, 3. An additional travel land and appropriate stripping be constructed from the curb cut on 47th to the Hazlan Street intersection, 4. The pathway to the playground be moved north to align with the reaz exit door of the education building and that a crosswalk be installed across the drive aisle, ~. That additional dumpster locations be shown with appropriate screening, 6. The vehicle service area spaces off West 47th be lengthened to a length prescribed by the Planning Department to avoid vehicles from blocking travel lanes in the street, 7. That the new building be shifted as far east as possible (at least 5 feet) so the landscape buffer along the west side of the rear drive aisle can be widened, 8. Internal stop signs be installed in front of Building `B', 9. That Ingalls Street may not be opened for vehiculaz traffic even if the church acquires the spike strip, 10. That the playground be opened for neighborhood use, 11. That the mount requested by the Public Works Department be dedicated along 47th Avenue, 12. The northern curb cut on Harlan Street be limited to right-out turns only." Motion carried 7-0. Planning Commission Minutes Apri13, I997 Page 7 D. Case No ZOA-97-1• An application by the City of Wheat Ridge to consider proposed amendments to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, Section 24, Light Industrial District Regulations regarding uses allowed at "Principal Permitted" and "Special Uses", City of Wht Ridge, County of Jefferson, State of Colorado. (Continued from March 20, 1997.) Director GIDLEI' restated points of concern and on-going history regazding this proposal for the audience and new Commissioners. He stated that this proposal is important and advised the audience that a final proclamation would probably not be made at this meeting. He suggested that the proposal be a;ain postponed and be studied in-depth. However, there is a scheduling conflict (training is scheduled for 4/19 and 5/1 is the next Public Hearing) which will require that the proposal not be resumed until the study session of May l~. Director GIDLEY advised that once a recommendation decision is reached by the Planning Conunission, it would be scheduled for a Study Session meeting with City Council prior to any public hearing should one be necessary. A public heazing may or may not be held depending on the decision of the Council to continue the change request or not. Chairperson WILLIAMS swore in Ken Dalmain, 12000 W. 52 Avenue. He owns two businesses in the Light Industrial area and has invested approximately $300K. He further stated [hat prior to purchasing this land, they confirmed with the City of Wheat Ridge that the zoning was appropriate and has taken every precaution to meet all requirements. He feels he is a contributor to the City and if a rezoning was to occur, his investment would be a total loss. Chairperson WILLIAMS swore in Bob Harmson, 12098 W. 50. Place. Mr. Harmson stated he has owned 12.E acres of Industrial property in Wheat Ridge since the 1940's. He is concerned regarding (and values and should owners continue to develop property in Wheat Ridge. Chairperson WILLIAMS swore in Shazon Peterson, 8192 Kline. She is the trustee for property located 12360 W. 49th Place which her father built in the 1970's. Special use approvals for all renters when there is a change of tenants would cause hazdship. The property is used as a trust income for her mother and she is concerned that with a rezoning, this income could be eliminated. Chairperson WILLIAMS swore in Lee Jordon, 14470 W. 56th Place, Arvada. Mr. Jordon stated he was asked to join a voluntary committee for the City of Wheat Ridge. The committee was was formed due to lack of major development, tapes, businesses, annexation, etc., and how could the City grow. Mr. Jordon is an owner of a lumber yard which originally generated an income of approximately $600K/year and is now generating between $5-6M per year. Use and Sales Taxes are paid to the City and they employ up to 25 people. He said if zoriing changes and a lumber yard would no longer be allowed at the time he decides to sell, it would be devastating to him and his retirement plans. Chairperson WILLIAMS swore in Bill Sanders, 2960 Braun Court. He expressed confusion as to who initiated this request so that he and others would know who to talk to. Mc Sanders inquired about Planning Commission Minutes Apri13, 1997 Page 8 attending meetings, legal protest, what happens when a protest is presented, and why this proposal was presented. Director GIDLEY answered his concerns. He is very much opposed to the zoning change proposal. Chairperson WILLIAMS swore in Patricia Grossman, 11771 W. 49th Avenue. She stated that this property has been in her family for approximately 25 yeazs. She stated she is firmly opposed with the proposal and feels there is a good set of rules and regulations already in place as well as an excellent staff to give advise to both the Commission and the property owners. She stated she had previously been the head of the Chamber of Commerce in the City of Wheat Ridge which is no longer in existence. There is only a branch because there was no interest in having a Chamber. She stated she would not like to see the same thing happen with this proposal. Chairperson WILLIAMS swore in John Cillessen, 13020 W. 8th Avenue. He stated he owns property at 12300 W. 49th Place that has been industrial since his father purchased the property in 1967. He stated that if it isn't broken, don't try to fix it. He stated that if he is required to do away with his outside storage, he will have to leave. He purchased this property because it was zoned Industrial. He would rather stay in Wheat Ridge, however, if the rezoning occurs, he stated he and other land owners would seek deannexation. Chairperson WILLIAMS swore in Bob Velten, 10670 Ross St., Westminster. Mr. Velten stated he felt that the proposal is a dezoning in which those who own Industrial property will loose. He stated that he is a real estate broker and took time to try to find legal case history that has dealt with a situation like this. He said that what he found was not favorable to the City and recommended that the Commission request the City Attorney to provide them with legal law regarding the proposal and ramifications that could occur. He protests the change vehemently. Chairperson WILLIAMS swore in George Wyatt, 506 High Point, Golden. He stated he wouldjust like to reiterate the comments made by Mr. Velten and protests the proposal. Chairperson WILLIAMS swore in Mike Ursetta, 6690 Carr Street, Arvada. He confirmed his opposition to the proposal and requested the Planning Commission assist property owners in keeping the zoning the way it is now. Chairperson WILLIAMS swore in Sherry Gerazd, 2601 South Quebec. She stated that her attorney advised her to attend a Public Heazing and verbally object to the proposal as a requirement before having to go to court. General discussion was held including property owner recourse with the City, elimination of the 5-year proposal, grandfathering, etc.. Commissioner CERVENY expressed his dismay with the proposal and stated he did not believe it to be in the best interest of the property owners. Planning Commission Minutes Apri13, 1997 Page 9 A motion was made by Commissioner RASPLICKA, seconded by Commissioner SHOCKLY to continue discussion on this proposal to the next Study Session of May 15, 1997. Motion carried 7-0. Chairperson WILLIAMS thanked the audience for coming. Commissioner SNOW stated that she would have preferred having the City Council discuss this proposal in their Study Session so that they could give the Planning Commission direction as to what exactly they were expecting. S. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS The new Commissioners were welcome. Commissioner CERVENY inquired about a going away dinner for the past Secretary and Commissioners. Director GIDLEY will contact the past Secretary and find an amiable date for °veryone. 11. DISCUSSION AND DECISION ITEMS 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT The meeting was adjourned at 11:50 p.m. by consensus. Mazilyn Gunn; Recording Secretary MRY 27 '97 08:05 . A ~ , x,11 Ui/ NE,v~rr0 ATTENTION 04 RT&T F'RX 5300 DEPARTMENT OFTHE ARMY CORPS OF ENGINEERS, OMAHA UISI ktL'T TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 721 LITTLETON, COLORADO 80123.6901 April 4, 1997 Mr. Richard M. Romberg Lane IIttgineering Service, inc. 9500 West Fourteetrih Avenue Lakewood, Colorado 80215-4716 RI:: Schaefer Subdivision, Reauthorization of Nationwide Permit 2G, file 1/199780242 Dear Mr. Romberg: PRGE 2 We have reviewed your request for Department of the Army reauthori7atirnt Yo impact approximately 0.082 acre of wetlands at the Schaefer Suhdivision. The project is tocateti ut Section 28, Township 3 South, Range 69 West, Jefferson Couuty, Colorado. Based on the information you provided, this office has determined that your work within Colorado is authorized by the Department of tJte Army Nationwide Permit No. 2G, found in the December I3, ] 996, ~ ral Re istRr, Final Notice of Issuance, Reissuancc, and Modification of Nationwide Permits (61 FR G5874), Iinclosed, is a fact sheet which fully,describes this Nationwide Permit attd Iists. the General Gottditions and Section 404.Otily Conditions which must be adhered to for tills authorization to rctnain valid. Although an hulividual Department of the Artny permit will not be required for the project, this dots riot eHtrthtate the requirement that you obtain any other applicable Fcdcral, siaie, tribe! or local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. You are responsible for all work acwmplished in accordance with the terms and conditions of file nationwide permit. if a cpntractor or ether authori~,od representative will be accomplishing the. work authorized by fire nationwide permit in your behalf, it is strongly recommended that they be provided a Dopy of this letter and the attached conditions so that they are aware of the 1stnitations of the applicable ttationwidc permit. Any activity which fails to comply with ail the terms and conditions of the nationwide permit wlll be considered unauthorized and subject to appropriate enforcement action. R'his nationwide permit vcrltYtatlon is valid until Aecetttber 13, 199$. In compliance with General Condition 14, the attached "Certiilcation of Completed Work" form (blue) must be signed and returned to ibis office neon completion of the authorized work attd rutty required tulfleatlon. Also, be aware of lire report requirement on page 2 of the Nationwide 26 fact sheet. The information for lire report tan be written on the back of the blue Certification of Completed Work form, or submitted separately. This proposed activity will not,jeopardiu the continued existence of the Spiranthes ditnv;aliF (Use ladies', tresses orchid) or destroy or adversely modify ltabllals ou:upicd by this threatettod species. MRY Z7 '97 08:05 RTP.T FRX 5300 ~> _2_ PRGE 3 If you have airy questions concerning this verification, please call Mr. Teary McKee at (303) 979- 4220 and reference Mile /f199780242. Sincerely, Ti othy . Carey Projeo anager Bnclosures Copies 1ltrnished: U.S. Fish & Wildlife Service Colorado Department of Public Health & linvironnicnt Enviromnental Protection Agency Colorado Division of Wildlife . ~ 7500 WEST 29TH AVENUE WHEA7 RIDGE, CO 502 7 5-67 7 3 (303) 234-5900 City Admin. Fax N 234-5924 May 7, 1997 Edmund Shaeffer 11493 West Briarwood Drive Lakewood, Colorado 80226 Deaz Mr. Schaeffer: Police Dept. Fax a 235.2949 The Cify of ~1Vheat Ridge This letter is in regard to your application for approval of a resubdivision of property located at 3490 Parfet Street. Case No. MS-97-1 was approved by the City of Wheat Ridge Planning Commission on Apri13, 1997. A recommendation of Approval was made with the following conditions: 1. Renewal of the 404 permit be approved prior to the issuance of a fill permit {Staff would note that it is not the 404 permit itself that needs to be extended but the exemption from the requirement of the 404 permit which is needed. This was stated incorrectly in the staff report.) 2. Any fill be properly maintained 3. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the earliest possible date., 4. Heavy equipment working in the wetlands be placed on mats or other measures betaken to minimize soil disturbance. 5. Lot 6. illustrated on the revised plat, and, That Tract A will be dedicated to the City of Wheat Risige. In regard to the conditions of approval, Item #5 needs to be added as a note to the plat mylaz prior to recording with the Jefferson County Clerk and Recorder's Office. This note should be expanded to disallow fencing within the drainage easement on all lots in the subdivision. There are no other changes that need to occur to the plat. In regard to Item #6, the Department of Public works will require a warranty deed for the dedication of Tract A to present to City Council for acceptance. The prepazation of the deed should be done by your surveyor after the plat has been recorded. Because of the tract dedication to the City, the Department of Public Works will be responsible for the installation of curb, gutter and sidewalk along the street frontages of Tract A (West 35th Avenue and Parfet Street). You, as the property owner, will be responsible for the public improvements along the Parfet Street frontage of Lots 1 and 2. We understand that most likely, the vacant lots will be sold and developed by a new owner. Therefore, the City will require you be restricted that no fence will be installed in the drainage easement area as ~ j RECVf iEO PIPER to sign a development agreement with a financial guarantee that all public improvements will be completed within 18 months of the issuance of a building permit or when one of the houses is completed. This is a document that the Public Works Department will prepare for your signature and is recorded as an encumbrance against the land. You are still responsible for submitting design documents and cost estimate for these improvements at this time. Attached are a copy of the minutes and resolution of the April 3 Planning Commission meeting for your records. If you have questions, or need further clarification, do not hesitate to contact me at 235-2848. Sincerely, Meredith Reckert cc: MS-97-1 file Lane Engineering Planning Commission Minutes Apri13, 1997 Page 2 5. APPROVAL OF MINUTES -March 20,1997 Commissioner RASPLICKA motioned, Commissioner CERVENY seconded, to approve the Minutes as written. Motion carried 6-0 with Commissioner SHOCKLY abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) There was no one present to speak. 7. PUBLIC HEARING A. Case No. WZ-97-G: An application by Good Times Drive Thru, Inc., for Walfer R. Morris for approval of an amendment Planned Commercial Development final development plan. Property is locate of 4020 Wadsworth, City of Wheat Ridge, County of Jefferson, State of Jefferson. Postponed until the Planning Commission meeting of May 1, 1997. B. Case No. MS-97-1: An application 6y Edmond Schaeffer for approval of a three (3) lot resubdivision on property zoned Planned Residential Development located at 3500 Parfet Street, City of wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert gave an overview of this case and presented overheads and slides. She stated that the property currently has planned residential zoning on it and that the future land use would be single family. This property meets criteria for Residential-One A standards. The proposal is to widen the southern two lots by minimal backfill of the drainage azea. The drainage azea would be dedicated to the City and maintenance responsibilities then becoming that of the City. Ms. Reckert stated that the Army Corps of Engineers has approved this request with four (4) conditions: 1) Renewal or extension of the 404 permit be approved prior to issuance of a fill permit by the City of Wheat Ridge; 2) any fill placed be properly maintained; 3) appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the eazliest possible date; 4) heavy equipment working in wetlands be placed on mats or other measures be taken to minimize soil disturbance. Director GOEBEL stated that the area is not and has never been a part of the designated flood plain which aze governed by the official flood plain ordinances of the City. He addressed concerns regazding illegal dumping and stated that although there has been an occasion or two, it has not been a major problem. Discussion was held regazding the swamp area considered to be area wetlands, dumping control in the drainage azea, Corp of Engineers approval to backfill some of the swamp azea, type of fill to be used, Planning Commission Minutes !. Apri13, 1997 Page 3 and possible need for approval of Pazks Commission. Chairperson WILLIAMS swore in Edmund Schaeffer, 11493 W. Briarwood, Lakewood, 80226. Mr. Schaeffer stated he is requesting this proposal to provide lazger lots for homes. Commissioner Snow inquired if a retaining wall would be installed. Mr. Schaeffer stated it would be up to the Corps of Engineers and what they advised. A copy of the letter from the Corps of Engineer was provided to the Planning Commission for their information. Chairperson WILLIAMS swore in Bill Collett, 3470 Parfet, who is the applicant's son-in-law. He currently owns the existing home on the property and is in favor of the approval. He wishes to enlarge his personal lot and have the ability to sell the remaining lots. Chairperson WILLIAMS swore in Kazla Nostas, 3500 Parfet. Ms. Nostas stated she did not have any strong objections. However, she wishes to be kept informed of what is proposed and is concerned about flood control if the swamp is bacl~lled. She does not want her property to flood during heavy rains and requests assurances from the City that flooding will not be a problem. Director GOEBEL stated that the original drainage pipe was replaced by a box culvert in approximately 1988 which should be able to handle any water drainage. A motion was made by Comrriissioner CERVENY, seconded by Commissioner THOMPSON, "that Case No. MS-97-1, a request for approval of a three (3) lot resubdivision of PRD zoned property located at 3490 Parfet Street, be Approved for the following reasons: I. The property is in the City of Wheat Ridge, proper posting has been accomplished, the City has jurisdiction on this matter, 2. All requirements of the subdivision regulations have been met, 3. The proposed subdivision is consistent with the zoning conditions approved by Case No. WZ-79- 13, 4. The 100 foot frontage is consistent with the desire of the surrounding neighborhood. With the following conditions: I. Renewal of the 404 permit be approved prior to the issuance of a fill permit by the City of Wheat Ridge or submittal to City Council, 2. Any fill placed be properly maintained, 3. Appropriate erosion and siltation controls be used during construction and all exposed soils be stabilized at the eazliest possible date, 4. Heavy equipment working in wetlands be placed on mats or other measures be taken to minimize (, soil disturbance, ti Planning Commission Minutes Apri13, 1997 Page 4 5. Lot 1 be restricted that no fence will be installed in the drainage easement azea as illustrated on the revised plat, and, 6. That Tract A will be dedicated to the City of Wheat Ridge." Motion carried 6-1. Commissioner SNOW voted against this proposal because she feels that any wetlands, no matter how small, aze a valuable asset to the City and that the City should not approve the fill. The three approved lots could be built upon as they are. There are numerous lots in the sun•ounding azea of the same size of 75' frontage and 9,000 feet. Director GIDLEY stated that this is a major issue as it relates to the rights of property owners. The Supreme Court decision in the Dolan Case requires consideration of public restrictions on development to the extent that there are certain public benefits derived from regulation. If it is to become policy of the City to regulate wetlands to the extent that no development whatsoever could ever occur, the City needs to seriously look at the possibility of acquiring such wetlands or at least the rights to those lands as it relates to development. C. Case No. CUP-97-1• An application by the Queen of Vietnamese Martyrs Parish for the Archdiocese of ]Denver for approval of a Conditional Use Permit to allow a church and ancillary uses in a Residential-Two zone district far properties located at 4615 and 4685 Harlan Street, 4660 and 4690 Ingalls Street, City of Wheat Ridge, County of Jefferson, State of Colorado. Ms. Reckert passed out a memorandum from Parks and Recreation and presented an overview of this case and entered into the record, overheads and slides which provided colored azeas designating the different zones involved on this property. The church has established itself into a campus type facility with multiple buildings on multiple properties. Currently there are three existing buildings on the southern portion of the property zoned Commercial-One and the parish house and rectory aze located on Residential-Two zoned land. There is a six-foot high chainlink fence with slats in need of repair that surrounds a portion of the property. Because the church has multiple buildings and zonings, Staff requested review of the total site for access and parking. Appropriate parking including handicapped requirements and access aze being proposed. Ms. Reckert stated that the exit on 47th Avenue will be limited to right-hand turns only and that Staff is recommending that it be signed as no left-hand turns and there be a raised median constructed. Staff is requiring that the appropriate number of dumpsters and screening from view be added to the plan. In addition, internal signing is being recommended to control traffic flow within the complex. 'Public improvements will also be required for curb, gutter and sidewalk as well as appropriate percentages of landscaping. Ms. Reckert relayed that a neighborhood meeting was held on February 4, 1997, with good attendance. Much of the discussion included traffic and various other potential impacts on the neighborhood such as fire access, number of membership, would there be a membership drive planned, on-street pazking, height of the building, would the church be expanding into a parochial school (which there are no plans at this time), installation of the playground, noise, fencing, would playground be available for public, construction times, etc.. Ms. Reckert provided information of the criteria used to determine appropriate he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, QO 80275-6773 - - (303) 2345900 heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge July 16, 1997 Mr. Richard Romberg, P.E. Lane Engineering Service, Inc. 9500 West 14th Avenue Lakewood, Colorado 80215--4716 Re: Schaeffer's Resubdivision, West 35th Avenue & Parfet Street- Approval of Final Drainage Report, Street .Construction. Drawings and Grading/Erosion Control Plan Dear Mr. Romberg, This letter is to inform you that the final drainage report, street construction plans, and the grading/erosion control plan for the- above referenced project have been reviewed and approved for construction. Please be aware of the. following items regarding. the construction of the project: 1. Prior to Public Works approval of any building permit. applications the developer, Mr. Edmund Schaeffer. will need to submit $6,600.00 in the form of an escrow or cashier's check, or a letter of credit to serve as guarantee-to construct those public improvements along the Parfet Street frontage. 2. The proposed drainage facilities shall be constructed and approved by the City of Wheat Ridge prior to issuance of the Temporary Certificate of Occupancy. 3. Erosion control for the project shall be placed in conformance with the approved drainage/erosion control plan and shall be maintained as needed during the course of construction. 4. All drainage improvements shall be constructed in conformance with the approved drainage report and plan.- 5. It will be the responsibility of the_ contractor for the project to repair any damage to the existing public improvements on West 35th Avenue and/or Parfet Street as a result of .related construction traffic in the area. Also, the contractor will-be responsible for maintaining West 35th Avenue and/or Parfet Street on a regular basis such they are free of construction debris and tracking from construction traffic accessing the site. ~) RECY0.ED PAPER Mr. Richard Romberg, P.E. ' Lane Eng. Page 2 6. Upon completion of the drainage improvements the engineer, Lane Engineering Service, Inc. shall provide to the City of. Wheat Ridge a letter of certification stating-that the various improvements, as defined in the drainage report-and plan, have been accurately surveyed to confirm that their construction is in accordance with these documents. The certification letter shall be written and stamped by the engineer who prepared the drainage°report, and shall be submitted for review and approval by the City prior to issuance_of any Temporary Certificate of Occupancy, or Certificate of Occupancy. If y ha~e any questions, please contact me at 235-2868. S'nce ly,~ i ~- Greg ~nu son Development Review Engineer GWK cc• Bob_Goebel,- Public Works Director 'Jack Hurst, Interim Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John Eckert, Chief Building Inspector Meredith Reckert, Senior Planner John McGuire, City Surveyor Jake Jacobsen, Engineering Technician Edmund Schaeffer. 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