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Home My WebLink AboutWZ-96-3_ __ ~~ ~ _ r` +~ ~~ ~ORAI`~-DUM DEPARTMENT OF TRANSPORTATION ~7, 4201 Eest Arkansas Avenue ~ ~ ~~ Denver, Colorado 80222 (303) 757-9011 I 70-3(8)268 Section =- 48th and Wadsworth - ~*. Vernon Canyon 170 at W. 32nd Ave `~ Quadrant) Parcel C To: Robert L. Clevenger, Chief Engineer From: Ed Tormohlen, Staff Right cf i4ay Manager ~~j~y~~,.-~ Date: September 16, 1992 Subject: Rezoning request from Wheat Ridge Ina letter to Lawrence Corcoran, Traffic Operations ~-;sneer of-the CDOT, dated July 29, 1992 from Mr. Bcb Geebel, Director c'_ =:blic Works for the City of Wheat Ridge, a request was made to have a Lett-' '~f authorization from a CDOT official. made to the Cii;.; cf Wheat Ridge to pc.-.=~ rezoning of Parcel "C" (See attachments). &=cic;n (Distr.ict) 6 Enq=.~e<:_~. ;a:J..'t«x;no "Bill" Vida., request. ''n t:.n~ i.nterest of safety, °-,:commended to gran- t0 the r'if't/ Of Wheat Ridge cond~t_<:?+el).~. It is normal F= portion of a highway after a re-~•la~:~ment ,`.acility is in r_. An exr_ha~?ge of Parcel "C" for r, r, ax•as ~mrolving the new 'r. relocation wc:uld be satisfactory. -;r,s,ax to the City c_ be accomplished later upon their r~-cup-sc in accordance w'_, of way procedu~:es. +.curs in this . r. authorization sure to trade a and in use. ge road ~~at Ridge could ~•~r normal right If you agree with the City's request to rezone this ~' .'arty, conditional upon the censt.ruction of the nE.w far. 1.;:-,; and the exchanc_ the existing frontaee road right of way, please indi.car.e your concurre-- .~ signature in the space I.concur: A.t t. ackn~•::nt cc: Prat/ f?r.;;scl.b].ad ~ ~ C • f PARCEL"C" (EXISTING HIGHWAY RIGHT-OF-WAY) DESCRIPTION A parce! of land situated in the northwest quarter of Section 29, T.3 S., R. 69 W. of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the southeast comer of tot 7, 70 West Business Center, whence the West quarter corner of said Section 29 bears S. 86° 33' 43" W. a distance of 724.88 feet; 1. Thence N. 89° 43" 30" E. a distance of 29.00 feet; 2. Thence N. 79° 09' S0" E. a distance of 194.52 feet; 3, Thence N. 06° 31' 00" E. patallei with and 76.67 feet east of th nt~n the extension of the of said 70 West Business Center, a distance of 559.64 feet, to a po north line of said lot 2; 4. Thence S. 89° 39' 00" W. along the said extension of lot 2 a distance of 25.00 feet; 5. Thence S. 00° 21' 00" E. a distance of 25.50 feet; 6. Thence S. 89° 39' 00" ~h'. garallel with and 25.50 feet south of the said extension a distance of 55.30 feet, to a point on the east line of said lot 2; 7. Thence S. 06° 31' 00" W. along the east line of said lots 2 and 3 a distance of 539.55 feet, to the southeast corner of said lot 3; 8. Thence S. 89° 43' 30" W. along the south line of said lot 3 a distance of 142.60 feel, to the southwest comer of said lot 3; 9. Thence S. 00° 47' 15" E. along the east line of said lot 7 a distance of 30.00 feet, to the point of beginning; The parcel described above contains 45,176 square feel, or 1.037 acre, more or less. Bearings are based on the plat of 70 West Business Center. Prepared by: Frasier Engineering Company October 22, 1991 Job No. 3902-013 Rev. March 11, 1992 PARCEL "C„ (EXISTING HIGHWAY RIGHT-OF-'KAY) I ~ I ~ LOT 1 --~ ~ I " ~ -~ s 4P 21. 40' E `B" , ~~ 25.50' _ s ~~ ~- ~ 1 i/// ~ / ~ 5 85 39' 55.]0' ~ ~ ~ ~ ' I ~ / ~ / / I 0 1W I ® I 50 SGLE: 1' ~ 100' I I 70 WEST I BUSIN~SS CENTER ! ' I ` ~ I I 1 1 I t l ~ ~ LOT 2 I I I I ~ LOT 7 I I i ~ I t ` I I I ' - - - - - I I ~ I I I I NI I `~ °I LOT 3 I \~ NI I ~l 1 9 nc 3~ +S w.1. ~`~" _ PARCEL "C" 9 WEST QUARTER CORNER sEC. 2s. T.3 S..R.69 W.. 6TH P.M. WEST 32nd AVENUE - - - ~ W ~ ~ F I ~ I Q z z N se +-s'3o'w t I u i i i i i a ' S / / N 75 P.O.H. z9.oo / / Pis iC76t S.F 7.037 AC. i / / ~ i i ~i iioi iiai iii /^U ~~~~~1µ((((((.JJ~I~/.J~~~l..~~y.JJlJJ!y~~ q /~, y / T^/ q ~ ~ l~ Qi ,=:, S~ / ~ / s~ /G'-/ s, ~ z ~ ~~ i~ "i ,o i . }i i i i i ~i;~i iii i iii 58539' 00" w 15.40' ~, r _ _ I -~FRASIER ENGINEERING CO. I r- ENGINEERS & SURVEYaRS 10175 E. ~+/~A~~O. SNTC 107 ~ OE'NEI303) E ] 1-09 t 51e0231 \:OweCa'nafl .0-z:-a. _, i .~° • . CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO• City Council Date Prepared: January 11, 1993 Date of Meeting: January 25, 1993 Case Manager:~eredith Reckert Case No. & Name: WZ-92-11 Action Requested: Rezoning from A-1 to PCD Location of Request: Approximately 12851 west 32nd Avenue Name & Address of Applicant(s):. City o£ Wheat Ridge. 7500 West 29th Avenue Name & Address of Owner(s): Colorado Department of Transportation Approximate Area: 1.037 acre Present Zoning:_ Agricultural-One Present Land Use: Youngfield service road Surrounding Zoning: N: A-1, PCD; S: A-1; E: A-1, W: PCD Surrounding Land Use: N: service road; S: W. 32nd Avenue; E: I-70; W: hotel, cafe, vacant Comprehensive Plan for Area: Commercial activity center Date Published: December 24, 1992 Date to be Posted: January 11, 1993 Date Legal Notices Sent: January 11, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence (XX) Attached ( ) None ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Slides ( ) Subdivision Regulations (XX) Exhibits JURISDICTION' The property•is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. '. City Council Staff Report Page 2 Case No. WZ-92-11 I. REQUEST Case No. WZ-92-11 is a City-initiated request to rezone property at approximately 12851 .West 32nd Avenue from Agricultural-One to Planned Commercial Development and for the establishment of uses allowed and general design parameters akin to an Outline Development Plan. Purpose of the. rezoning is to-facilitate the relocation of the Youngfield Service Road to align with Zinnia Street south of West 32nd Avenue. II. PROPERTY HISTORY The property known as 70 West Business Center was annexed to the City of Wheat Ridge in 1975. At-that time, an Outline Development Plan was approved establishing uses and general design parameters for the property: Enclosed is a copy of the outline plan-also showing the area to be rezoned and the new frontage road location. In 1984 the Country Cafe and La Quinta Motel were approved and constructed as the 70 West Business Center final development plan and plat. At the time of development plan approval, there was discussion with State Highway regarding the traffic hazard due to the proximity of the Youngfield Service Road to the I-70 off-ramp. Because of this concern, the-City-of Wheat Ridge placed a deed restriction on the 70 West Business Center that no further development could occur until the service road was relocated away from the off-ramp. During 1991, the City's Public Works Department went through a series of public meetings and hearings to reach a decision on the placement of the relocated frontage road. The final decision was made by City Council at a public hearing held on June 24, 1991. See minutes attached under Exhibit 'A'. Since that time, the City has been working with the Department of Transportation and the adjacent property owner to facilitate the road reconstruction. The City-initiated rezoning procedure was agreed to during negotiations with the entities involved. II2. PROPOSED ZONING The adjacent property owner, Dwain Richter, who has agreed to "swap" land with State Highway for the road relocation, would like zoning on land which will be vacated to him similar to zoning on the land he is giving up for the road. The current zoning on the DOT property is Agricultural-One which would allow a single-family residence or a variety of general farming operations. Please refer to the Outline Development Plan which has drawn on it, the location of the current service road (area being rezoned) and the new location of the road. City Council Staff .Report Page 3 Case No. WZ-92-11 The area being rezoned is located adjacent to Use Area 'D' which permits C-1 uses and development standards. Staff would recommend that the parcel being rezoned also be given C-1 use and design parameters to be consistent with Use Area 'D'. See attached copy of C-1 regulations. Prior to any more development on the site, a final development plan and plat must be submitted by the owner and reviewed by Planning Commission and City Council at public hearings. At this time, the adjacent-property owner has no specific development scenario in mind. IV. NEIGHBORHOOD MEETING A meeting £or neighborhood input was held on October 29, 1992 at 7:00 p.m. in the Municipal building council chambers. Staff present: Meredith Reckert, Planner, John Oss, Senior Projects Supervisor. Others in Attendance: Chuck Hitt, 3239 Zinnia Ct.; Rene Dephius, 3229 Zinnia Ct.; Brad Brauer, 3238 Zinnia Ct.;-Norm Ross, 3145 Zinnia St.; Charlie & Lois Huyck, 3301 Youngfield Service Rd.; Mike & Erica Smitham, 3268 Zinnia Ct.; Bill & Janette Smitham, 3248 Zinnia Ct.; Clark Brown, 3278 Zinnia Ct. and Steve Barnhill 13149 W. 33rd-Ave. Discussion at the meeting ranged £rom the process behind the road relocation decision to street signage on West 32nd Avenue. In general, the following concerns were expressed: public hearing notice for 6/24/91 meeting was too short; reduced property values in neighborhood because of road relocation; noise from Frontage road being closer to residential area; widening of West 32nd Avenue not a sure thing with this project; bike traffic hazard to get to Clear Creek trail; the amount o£ noise and dust from gravel trucks; question of who maintains the strip between new road and their rear property lines. There were also items for clarification brought up which required listening to the tape of the June 24, 1991 City Council meeting. In response to the questions raised, Staff has come to the following conclusions: 1. With the approved design, the western edge of the frontage road right-of-way will be 25 feet from the Zinnia Court residents' rear property lines. Edge of asphalt will be 33 feet away from same property line. 2. The City agreed to extend the fence and berm south to West 32nd Avenue rather than jogging west to Zinnia Court as it currently exists. Provisions must be made for sight distance for the frontage road and Zinnia Court intersections with West 32nd Avenue. City Council Staff Report Page 4 Case No. WZ-92-11 3. It was agreed that. the fence would be 10 feet high on top of the berm. The material for_the wall was specified only once during the motion discussion as being concrete by .Kent Davis,-who amended the motion. The rest of the discussion and motion referred to it as a "solid sound wall". It is not clear as to the intent of Council relative to the type of materials to create the "solid sound wall",_ 4. The neighbors requested that the sound wall be in place before _ construction o£_the frontage road begins. 5. If the frontage road is not relocated, the DOT will remove the signal for the frontage road 'and limit turning movements to right-in/right-out only, forcing "turn-around" traffic onto Zinnia Ct. and Alkire St. V. AGENCY REFERRALS Colorado Department of Transportation encourages rezoning to help facilitate service road relocation. Jefferson County Planning has no objection to the rezoning. They request no further access_to West 32nd Avenue. Consolidated Mutual has a 12-inch water main in the area beng_ _ rezoned. VI. EVALUATION CRITERIA Staff has the following comments regarding the criteria used to __ evaluate a rezoning request. 1. That the change of zone is in conformance, or will bring the property into-conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or. plans for the area. The property is designated as Commercial Activity Center on the Comprehensive Plan. .Staff concludes that commercial zoning would be consistent with this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The change of zone is compatible with surrounding property. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. The change of-zone creates a more developable parcel which could have economic benefits for the City of Wheat Ridge._ • City Council Staff Report Page 5 -- Case No. WZ-92-11 4. That adequate infrastructure/facilities are available to serve. the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where. they do not exist or are under capacity. There is adequate infrastructure to serve the property. 5. That the proposed rezoning will. not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The proposed zoning will positively affect the public welfare by helping facilitate the frontage road relocation thus improving traffic flow on West 32nd Avenue. 6. That the property cannot reasonablybe_developed under the existing zoning conditions. The property cannot reasonably be developed with Agricultural zoning. 7. That the rezoning will not create an isolated or spot zone district unrelated_to adjacent or nearby areas. Spot zoning is not a concern. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering, available alternatives. There is no void in services that the rezoning will fulfill, however, it will benefit the public good. Staff concludes that the criteria used to evaluate a rezoning support Approval of this request. VII. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on November 19, 1992. A recommendation of approval was made for the following reasons: 1. The property is bounded on the east by a heavily-travelled freeway and bounded on the west by commercial property. 2. It is not appropriate to develop this property under the existing zoning. 3. The proposed rezoning would be compatible with adjacent land uses previously mentioned. . Y 1 City Council Staff Report Page 6 Case No. WZ-92-11 4. The relocated frontage road to the west of-the site does. not enter into the decision being made tonight. VIII. CONCLUSION & RECOMMENDATION Staff concludes that rezoning of the existing Youngfield Service Road is necessary to help facilitate the road ,relocation, Staff further -- concludes that the rezoning will benefit the public health, safety and welfare. Because the criteria used to evaluate a 'rezoning support -- this request, a recommendation of Approval is given for Case No. wZ- 92-11 with the condition that C-1 use and design parameters be allowed on the property. IX. RECOMMENDED MOTIONS „ OPTION A: "I move that Council Bill No. a request £or -- rezoning approval from.A-1 to PCD with C-1 use and design parameters on property located at 12851 West 32nd Avenue, be Approved for the following reasons: - - -° _ 1. The rezoning will help facilitate the service road reconstruction. 2. The criteria used to evaluate a rezoning support this request. 3. Staff and Planning Commission recommend approval. With the following condtion: 1. C-1 use and-design parameters be allowed on the property. OPTION B:- "I move that Council Bill No. a request for rezoning approval from A-1 to PCD with C-1 use and design parameters on property located at 12851 West 32nd Avenue, be Denied-£or the following reasons: _ _ - - 1. 2. 3. " <pc>srwz9211 .~ ~, Diamond Shamrock i tOiAL AREA WI'. 40,000 8R. e ~~\ ~N~ sm 1 ~o vQ /~// I° I I to vl~$~i ~k' I€=- i l~ ~'. I ~I I~ea ` \ O I \ \\ - \ \ \ ~ ~ ~ q ~ Q,\a~ b \ ' ~ S ~ /Qy ; \ ' , \~ \ ~~ ~ ~ \ >m% _ W\~90'0~'II _ IDOAq~ _ _ _ _ b'WILpIN6 PCtpdbC _ HIGH RIIC ID, 01GN ~^ I I . I 1 I ' 11 _ 1~ ~I I __ I ~~~~ I I I I I IG`a GPI ~------~ 1 II ~I I I ~1 I 1 1-11 I 1 ~ 1 i I .~.~..~,_----~-- o I I I ~ b ~, I ` ~naNU7eNr elan \ - ~ m •x.n_ W. 32nd AVE OPtION NO. - PROP096D R6tAIL 61?6 W. 31nd AvE. 1 I-70 WHEATRIDGE, 00 NOV@MBER 20, 1995 PLAN B .. ~' 92 A.C. `RfO ONLY SCALE: I"=40' N m 20 40 DIEK FILE: --- -~ z ~''~' • ~ ~- ;'~ ,,I _ ~'~ -- - lil ~.,y, _,_ ice, _ __.~__._J« _____. _.-_ _ ._- ----; __~ ~ ~_- - ~S-~ ~i --- ^•~`^- _ -- G.;w i, I ~ ~ - - - - - --- ----- -_ __- - ---- - - ---- - -- -- -- _~ -.- ---- --- - ~~ ~ -G~~ ~l=-!~= _-- - ---__ I -- -- -- - -- ---- ---- ---------- --- -_- __~.- ---- '~r-. __ - - - - - ~~ - - -- The City o! ADMINISTRATIVE PROCESS-APPLICATION ~V~lheat Rid~ra Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~;t~, ~f rar,Pat- u;daP Address 7500 W. 29th Ave. Phone 235-2848 Owner Dpm/ ; y of wheat Ridge Address 7500 W. 29th Ave. Phone -235-2848 - A portion of Location of request 7o„n~f..].Pl~ c goz,; rr r+h of w 32nd Airenue --- Type of action requested (oheck 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 _ _ X Street vacation Preliminary Miscellaneous plat 8 Final Solid waste landfill/ ** See. attached procedural guide mineral_extxaction permit for specific requirements. ~ Other Detailed Description of request -Vacation of r-o-w as part of the rcl nr•atic~n of tha yrn,nc~f;P1d Service-Road-to-align with Zinnia St. lout rif ~~` ~-- Avg RP~c~n; na of same -from- A-1 to PCD. - List all. persons and companies who hold an interest in-the described real_.._ property; as owner, mortgagee,...lessee, optionee, etc. NAME ADDRESS PHONE 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 o£ 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 bshal£.- Signature of Applicant ~!~ _ - Su~U~ribed and sworn to me this ~ day o.£ au~ , 19 °~~j .. ~ ~ - Not Pu lic SEAL My commission expires ~O ~5--~~ Date Received-_ _.:: Receipt No. ease rvo. __ ~ i 7500 WEST 29TH AVENISE -ThE Clly Of P.O. BOX 638 WHEAT RIDGE. CO 80034.0638 _ _ (303) 234-5900 _ (;j x J~ea{. City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 - V'~V idgel March 26, 1996 The Wheat Ridge Department of Community Development has received a request for ~..,,,-,,.,~i .,~ a ,-co^n;na from Agricultural-One to Planned ~'^mmarcial at the property described below. Your response to the following questions and any comments .on this proposal would be .appreciated by _~nr;1 19 1GQF No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-96-3/WV-96-1 LOCATION: Approximately 12851 West 32nd Avenue REQUESTED ACTION: Approval of a rezoning from Agricultural-One to Planned Commercial Development & vacation of un-needed street right-of-way PURPOSE: To rezone & vacate right-of-way for Youngfield Service Road which has been relocated to align with_Zinnia Street south of W 32nd Ave APPROXIMATE AREA: 1.0'37 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO if "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do .you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to:~%~~~~~•~~~'-`-C/~`J` M Reckert ' Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual . XX Sanitation District (Northwest Lakewood XX Fire District (Lakewood) XX Adjacent-City (Jeffersod County XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey XX Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept.. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ~„ «r~,~~~t„u~ep,.r M. • (EXISTING HIGHWAY RIGHT-OF-WAY} i I ~ LOT 1 ~I i ~ -- 5 OQ 21. 07 E " I ~' '' - ~~.-.~..~ .- 25.50' . ~-- //// I ~ / s as 39' 3i3cr / / f / J ~ i / / / / I PARCEL ~~ I I X5.176 S.F. 1.037 nC. I / / / / I I 70 WEST I / / //¢/ i 0 BUSIN~SS CENTER ~ O 1 % j a % , ~ ~ I I I //W/ U { / /U 1 I 111;~ i LOT 2 ~ ~~, I I /~ I V! I I y / ,r^/ l I 0 ~ LOT 7 / °// W 1 I Q I ~ / Q~ ~ i ~ o./W/ I U O - - - F . / ~., / ~ I u / /~ I / ~o I i //.~i ~ ~I //// a \ al LOT 3 /76.6T~ I ` ~ / / / / ~ ~I / / ;' / , / / / / ~ / / / i a J9' 00' W POS~Q ` GP~\ONp~QPO~PGP~\pN ~.G ~~G P ~~tio~ O ti 4' JO' W f x2.60' ~ ~ 51' I /6 / / / ~ ~ ~ C ~9 g / / n 7`r p9. .o a7 ~J' JO" E P.O.B. 29.00' WEST 32nd AVENUE '~` ~ _ _ - - - - ' - - - -i W ~ I a I I ~ i G~FRASIER ENGINEERING CO. I ~ ~ ~, ENGINEERS Sc SURvEvORS io]» E. ~~/~0• N~iC 207 z ~ U OEM/E{ OJ1013~91]ao1Ji ' Z N '500 WEST 29TH AVENUE ~~ ,- - - M ..a,a O. 60X 63S ~ "- .. ~i The Crty of WHEAT RIDGE. CO SCC3=0635 ~ ('C" ~3- ~ Wheat c,yAd~m.Fax~z3a-seta PiANNl~~D~kEU~.€3i'~'=e ~1C~ge March 26, 1996 The Wheat Ridge Department of Community Development has received a request fOr ~.,,-,r,-,<r~l n~ a roonninrr from Aaric'tiltllral-O i' p~annarl fnmmart~ial n iopmpnt and app royal o` a righ -ot-way vacation at the property described below. Your response to the following-questions and any comments on this proposal would be appreciated by Anr;l t~ 19gF No response from you by this date wi11_constitute no objections or concerns regarding-this proposal. CASE NO: WZ-96-3/WV-96-1 LOCATION: Approximately 12851. West 32nd Avenue REQUESTE_D_ACTIQN: Approval of a rezoning from Agricultural-One to Planned Commercial Development & vacation of un-needed street _ right-of-way RURPOSE: To rezone & vacate right-of-way for Youngfield Service Road which has been relocated to align with Zinnia Street south of W 32nd Ave APPROXIMATE AREA: 1.037 acres l_ _Ar_e public facilities or services provided by your._agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? l~~~e- ~ ~"' ~~/ (/ YES NO_~~ I£ "NO", please explain below. b.~ Q,,,e„ ~~~~ ~j O 3. Do you have adequate capacities to service the development? YES~_ NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES u NO If "NO", please explain below. 5. Arerth~er-e any concerns or problems your agency has identified which would or should affects appro al ~f thus request? Please -reply to: % ~~~^~-°'cec~GCj~ ~ `^~G~" '~ M Reckert ` ~io Department of Planning & Development- fiv M 3 ~~ DISTRIBUTION: XX Water District (Consolidated Mutual Jefferson Co. Health Dept. XX Sanitation District (Northwest] Lakewood Jefferson Co. Schools XX Fire District (Lakewood) Jefferson Co. Commissioners XX Adjacent City (Jefferso~_County Denver Water Board Public Service Co W R Post Office XX XX . . US West Communications W_R Police Dept. State Land-Use Commission gg W R Public Works Dept.. State Geological Survey W R Parks & Recreation Com. XX Colorado Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife W R Building Div. XX TCI of Colorado <pc>referralform (EXISTING HIGHWAY RIGHT-4F-WAY) I I ~ LOT 1 I - I i / _ y~.~`.~--.~ _ 23.30' _. ~ -- -- J ~ / //// I I PARLEI ~ I x3.176 S.F. 1.037 oG. I I / / / / ~ CT I 7~ d I ~ ~ HUSIN~SS CENTER „o, f1 I I w //~/ U I / / ~% °' II i w I LOT 2 / / .~, (n ~ / ,~. I I a LOT7 II a//C~ / _~ I , Q i I a- / W/ I U _ ~' . / [.. / I ~ I u/ /~ ~ / ~o , I I //,}/ I ~I /// ` °I LOT 3 ~ /~6.6T~ I ` ` \ / / / / ~1 i/,-•/ I / / / / 1 I ///~ S 8 lS' 30~ w 1x2.60' I c / / / / / / /~'o ~. ~9a..1 g / / N 7y 09 L -. - sQ `9.~~ E P.O. B.~ WEST 32nd AVENUE - - ----i `W r - I a I 5 89' 39' 00~ W 13.00' ps`O Q O P~\p~ pF NO ~PGP.~~pN ~pG pN\NG P ~~~ 0 ., a I ~ l C?FRASIER ENGINEERING CO. d I ENGINEERS Sc SURVEYaRS _ io.7)S E. rWivMO. SNtC :07 OET~'Cp ~ClCpA00 80]]~ i Z ~ - - U (3031 JSt-9iSi z ti * MEMORANDUM Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer; DATE: March 27, 1996 SIIBJ: 12851 W. 32nd Avenue, WZ-96-3/WV-96-1 - Rezone from Al to PCD & vacation of Youngfield Street right-of-way ref erral1datedkMaDCha26me1996aandehaswthetfollowingncommentsment 1. The vacation of the Youngfield Street right-of-way is to be through the state. The City will require confirmation from the state that this right-of-way has in fact been vacated. This process is ~ proposed as coinciding with the completion of the new street improvements to the west. cc: Glen Gidley, John Oss, Sr. Steve Nguyen, John McGuire, Chuck Braden, File Community Development Director Project Engineer Traffic Engineer City Surveyor ROW Technician City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80275 Wheat ~R.idge April 2, 1996 Dear Property Owner or Area Resident: Please let this letter serve as notification of a neighborhood meeting regarding rezoning and vacation of property at the northwest_quadrant of West 32nd Avenue and I-70_, As you are aware, the Youngfield Service Road has been reconstructed to align with Zinnia Street south of West 32nd Avenue. It is the intent of the City of Wheat Ridge to vacate the right-of-way for the former service road and rezone it consistent with the property given up for the new road. The . current and proposed zonings are Agricultural-One and Planned Commercial Development, respectively. .See the attached exhibit which identifies the property to be vacated and rezoned. The City has scheduled the neighborhood meeting for 7:00 p.m. on Tuesday, April 9, 1996, in the City Council chambers in the municipal building, 7500 West 29th Avenue. All adjacent property owners, interested area residents and other affected parties are invited to attend this meeting to receive information and comment on the rezoning. Please note that this is an informational meeting only. The public hearing in front of Planning Commission is scheduled for May 2, 1996. Do not hesitate to contact me at 235-2848 for further information regarding this matter. Sincerely yours, ~~~~~ Meredith Reckert Planner MR:slw attachment (303) 234-5900 ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 235-2949 {EXISTING HIGHWAY RIGHT-OF-WAY) I I ' f t I t I I I ( I I 1 , I 1 \ i ~ LOT I I ~ _~I ~ __ 5 S9' ]9' 04' 'W ~---- s oo zr• as-o 13.ao' /'' ~ J / w` OPOS~O / /~ I 5 89' 79' 33 7C' / / / / \ON O JPGP I /// pGP~ PNO PARCEL ~ C ~s. ~ 76 s.F. ~" ~~pN~NG 1.077 .tC. n i //// c` j ~ I 70 ~ TrYEST / ' q/ ¢O ~ BUSINF~SS CENTER ~ ~ ~~ ~ //~/ U I / /U W i LOT 2 / /> °' ~ ~ / / .~, ~ ~ LOT r I a / ~~ Q ~ I ~ / ~, ~ I y//z/ u//",. u I ' / ~o ti i ~ / / , }i //// ~~ °I LOT 3 ~ ~ /76.6T~ ~~ \\ \ jl / / / / / / % nl / / /I I / / / /I / / / / / ~ N P.O. S9' U' 'fY E '.9.00' WEST 32nd AVENUE E- - - - ~ C:] W I ~ E- I ~ I d i Z Z. r - - - - - - - ~~ I ~ fRA51ER ENGINEERING CO. I ~. E~GIrtEERS Sc SURVEYORS ( ~- CEM'EB. C'JlOM00 70271 (.071 I31 -9U1 ti __ ___: r ONSOLIDATED mutual water April 4, 1996 ctnr ~ ~:`=rte ~'~~ _~•~~ ~! - ! AFP, ~ ~ 1~9C y ~_ ~ S~yyrr ~~ pp~~ 11~ ~ ry p (Ltt11 Ftl~~.. ~. ~~~r ni Vfl ~7l cG~l Meredith Reckert City of Wheat Ridge- 7500 West 29th Avenue Wheat Ridge, Colorado 80034-0638 Re:-Right-of-Way vacation Youngfield Service .Road north .of West 32nd Avenue This will acknowledge receipt of your letter dated March 26; 1996 regarding the above referenced Right-of-Way vacation. Please,be advised that~The,Consolidated Mutual Water Company has an existing 12-.inch water. main located in a portion of the Youngfield Service Road that is going to be.vacated. Please see the. enclosed existing map of our utilities.- Prior to the street vacation the property owner will- be --- required to furnish -The Consolidated"Mutual Water Company with a 50-foot Non-Exclusive Right-of-Way to -cover the portion of the Right-of-Way vacation where-our 12-inch water. main is located. Please contact, our .office as soon as possible so that we may get together and discuss how we can accomplish this. If you have any questions- or comments: regarding this, correspondence, please feel fre~~to contact-cur office. Sincerely, Micha~7 E. Queen Water Distribution Manager encs. /ds cc: Walter S. Welton, PLS/PE, CMWCo President John Allen, CMWCo, Engineer Jackie Lamb, CMWCo Secretary CMWCo Work Order File.NUmber 9597` THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avanue • P.O. Box 150068 • Lakewood, Colorado 80215 Telephone 238-0451 • Fax 237-5760 - - o z z ~ a l .~ I ~~ddV ~ ' ` ~ ZS cv • '- i d ~1 s I or /. n~tn3a~aia s • I ~ ~ - I : _ - ._ I / ` . ~ v z_° .~ °. °. 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AT__ ~---. n`n~ ~ ,_ V -._~ - _ _.._ __..__.. ___.. ___.._ ~~ l q ~ ~ ~~ ~~ ~ U U -- i,, ~--~ ` J ___ -~- ~; ,~?-~. ,~, _r 2~"a~" -_I ~ --- __ ~ _~ :__ -- --- ---- ~__s~_~~- - --- ~~-t_ - - -~-- v .. ; s~_ y-_~_ v_~__ ~- ~--~w ~~ ,~ ~ ~~' ,~ ~ --- -- ' ~~-c~- a Z~"~C- -~C` -- _ li i - --.._ --- -- - ~ -. -- -- ~ --- , ~~ - --- ~ i h ., ---- --- -- ---- ~ _~ _~~''" ~ i - O G 1.3 - ~------------ -~. 1_ ---- --- -- - - --- ------ ~ ~ .- ~1,~~~,,,-- ~~vV ~;! / G -- - --- L' - - - -~ - - - ----- r--- - -- -- -- -- I1 I - ------- --- -~--- - __~-___-- _ ~___--- - --- ~- -. - ~ : l --_-_._-- --- .__. 'I _~_________ _ _~~_~__ it ~1 _- --_______ __ __~~ ~~ ~, _ ___ ____ _. i _ ~. -- ,~ .T ~. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge on May 2, 1996 at 7:30 p-m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1 Cas-e NO=~WZ_g6-3; An application by the City of Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for the establishment of uses allowed and general design parameters akin to an Outline Development Plan.- Said property is located at approximately 12851 West 32nd Avenue and is legally described as follows: A parcel of land situated in the northwest quarter of Section 29, T. 3 S., R. 69 W. of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the southeast corner of Lot 7, 70 West Business Center, whence the West quarter corner of-said Section 29 bears S. 86° 33' 43" W. a distance of 724.88 feet; 1. Thence N. 89° 43' 30" E. a distance of 29.00 feet; 2. Thence N. 79° 09' 50" E. a distance of 194.52 feet; 3. Thence No. 06° 31' 00" E. parallel with and 76.67 feet east of the east line of Lots 2 and 3 of said 70 West Business Center, a distance of 559.64 feet, to a point on the extension of the north line of said Lot 2; 4. Thence S. 89° 39' 00" W. along the said extension of Lot 2 a distance of 25.00 feet; 5. Thence S. 00° 21; 00" E. a distance of 25.50 feet; 6. Thence S 89° 39' 00" W. parallel with and 25.50 feet south of the said extension a distance of 55.30 feet, to a point on the east line of said Lot 2; 7 andn3easdistance'of0539.5$lfeetthtoethe southeastacorner of said Lot 3; 8. Thence S. 89° 43' 30" W. along the south line of said Lot 3 a distance of 142.60 feet, to the southwest corner of said Lot 3; g. Thence S. 00°47' 15" E._ along the east line of said Lot 7 a distance of 30.00 feet, to the point of beginning; The parcel described above contains 45,176 square feet, or 1.037 acres, more or less. 2. Case No. WV-96-1: An_application by the City of Wheat Ridge for approval of a right-of-way vacation for the former right-of-way for Youngfield Service Road which is being relocated to align with Zinnia Street south of West 32nd Avenue. Said property is located at approximately 12851 West 32nd Avenue and is legally described as follows: A parcel of .land situated in the northwest quarter of Section 29, T. 3 S., R. 69 W. of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the southeast corner of Lot 7, 70 west Business Center, whence the West quarter corner of said Section 29 bears S. 86° 33' 43" W. a distance of 724.88 feet; 1. Thence N. 89° 43' 30" E. a distance of 29.00 feet; 2. Thence. N. 79° 09' S0" E. a distance of 194.52 feet; 3. Thence No. 06° 31' 00" E. parallel with and 76.67 feet east of the east line of Lots 2 and 3 of said 70 West Business Center, a distance of 559.64 feet, to a point on the extension of the north line of said Lot 2; 4. Thence S. 89° 39' 00" W. along the said extension of Lot 2 a distance of 25.00 feet; 5. Thence 5. 00° 21; 00" E. a distance of 25.50 feet; 6. Thence S 89° 39' 00" W. parallel with and 25.50 feet south of the said extension a distance of 55.30 feet, to a point on the east line of said Lot 2; 7. Thence S. 06° 31' 00" W. along the east line of said Lots 2 and 3 a distance of 539.55 feet, to the southeast corner of said Lot 3; 8. Thence S. 89° 43' 30" W. along the south line of said Lot 3 a distance of 142.60 feet, to the southwest corner of said Lot 3; 9. Thence S. 00°47' 15" E. along the east line of said Lot 7 a distance of 30.00 feet, to the point of beginning; The parcel described above contains acres; more or less. ATTEST: Wanda Sang,- City-Clerk To be Published: April 12, 1996 Wheat Ridge Transcript 45,176 square feet, or 1.037 San ra Wiggins, 5 etary c:\wp60Miles\5296.phn Public Service° April 15, 1996 City of Wheat Ridge Planning Department 7500 West 29th Ave. Wheat Ridge, CO 80034 CITY OF WHEAT RIDGE APR 1 ~ tQ96 Q~a~NING & flEVEI_t3P1AEN3 Public Service Company of Colorado 2707 W.7th Avenue Denver, CO 80204-4714 RE: 12851 West 32nd Avenue -Right of Way Vacation, WZ-96-3,WV-96-1 Public Service Company of Colorado (PSCo) has reviewed the above referenced plans PSCo would like to request that our rights be reserved for the existing natural gas distribution facilities located within the proposed azea to be vacated. PSCo would like to remind the developer to have all utilities located prior to any construction. If you have any questions regazding the above subject matter, please contact me on 571-3735 Sincerely, Teresa Wilson Right of Way Processor `~'O:~i P.O. BOX 638 TELEPHONE: 303/237-6944 _ - _ - The Clty Of _- 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034 cWheat Ridge April 18, 1996 This is to inform you that Casa No. wq_gF_~ which is a request for ap~,rc,~at of a rPxoning from Agricultural-One (A-1) to pl A fnmmarria' 1~avPloDmPnfi (PCD1 for the establishment of uses allowed and desicjn standards akin to an Outline Development an for property located at anornx~ma+aiy 1851 west 32nd Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 Q,m. on Ma3~ ~, t g g y All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform `The Carnation City" b . ~ Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City o£ Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or -- Council people to discuss the merits of _a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to £ile a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. if you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034 ~+=~The~art April 18, 1996 "~/+~/ edge This is to inform you that Case No. ~~7;T_go_l which is a request for approval of a right-of-way vacation for Younafield Service Road for property located at ~.pnrn,r;,,,af-a1~ 1~RS1 nP~t 't~.,~ u~. will be heard_by _ the Wheat Ridge _ ai ~,,.,; ^g-C~ mmiss~.~r~ in the Council Chambers _ of the Municipal Complex, 7500 West 29th Avenue at ~.-;~ m_ , on _ nnay ~ i agy _ _ All owners and/or their legal counsel of the parcel-under consideration must be present at this hearing before the As an area resident or interested party, you have the right to attend this Public. Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. 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': wt M ~"~ a n d a a; J :9a M I t'14 ~ O Goa O m M w ~ a E22 'COh 2'C6 d CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: May 2, 1996 DATE PREPARED:~April 23, 1996 CASE NO. & NAME: WZ-96.3JWV-96.1 CASE MANAGER:, Meredith Reckert ACTION REQUESTED: Rezoning from A-1 to PCD and ROW vacation LOCATION OF REQUEST: Approximately 12851 West 32nd Avenue NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge, 7500 W 29th Avenu@, Wheat Ridge NAME & ADDRESS OF OWNER(S): Colorado Department of Transportation APPROXIMATE AREA: 1.037 acre PRESENT ZONING: Agricultural-One PRESENT LAND USE: Youngfield Service Road SURROUNDING ZONING: N: A-1, PCD; S: A-1; E: A-1; W: PCD SURROUNDING LAND USE: N: service road; S: W 32nd Ave; E: I-70; W: hotel, cafe, vacant COMPREHENSIVE PLAN FOR THE AREA: Commercial activity center DATE PUBLISHED: April 12, 1996 DATE POSTED: April 18, 1996 DATED LEGAL NOTICES SENT: April 18, 1996: AGENCY CHECKLIST: (XX) ATTACHED ()NOT REQUIRED RELATED CORRESPONDENCE: (XX) ATTACHED ()NONE ENTER INTO RECORD: { XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS ( XX) ZONING ORDINANCE (XX) SLIDES ( )SUBDIVISION REGULATIONS (XX) 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 Page 2 Case No. WZ-96-3lWV-96-1 1. REQUEST Case No. WZ-96-3 is aCity-initiated request to rezone property aY approximately 12851 West 32nd Avenue from AgricuRural-One to Planned Commercial Development and for the establishment of uses allowed and general design parameters akin to an Outline Development Plan. This report also includes aright-of- way vacation for the same property which was formerly the Youngfield Service Road. Although considered in the same staff report, separate motions will be required. IL The property known as 70 West Business Center was annexed to the City of Wheat Ridge in 1975. At that time, an Outline Development Plan was approved establishing uses and general design parameters for the property. Enclosed Is a copy of the outline plan also showing the area to be rezoned and vacated and the new frontage road location. In 1984 the Country Cafe and La Quinta Motel were approved and constructed as the 70 West Business Center final development plan and plat. At the time of development plan approval, there was discussion with the Colorado Department of Transportation regarding the traffic hazard due to the proximity of the Youngfield Service Road to the 1-70 off-ramp. Because of this concern, the City of Wheat Ridge placed a deed restriction on the 70 West Business Center that no further development could occur until the service road was relocated away from the off-ramp. During 1991, the City's Public Works Department went through a series of public meetings and hearings to reach a decision on the placement of the relocated frontage road. The final decision was made by City Council at a public hearing held on June 24, 1991. Since that time, the City has been working with the Department of Transportation and the adjacent property owner to facilitate the road reconstruction. The City-initiated rezoning and vacation procedure was agreed to during negotiations with the entities Involved. The relocated frontage road and sound wall have been recently completed. The "old" right-of-way is no longer needed for public street purposes. Na properties will be landlocked as a result of the vacation. III. PROPOSED ZONING The adjacent property owner, Dwain Richter, agreed to "swap" land with State Highway for the road relocation, and would like zoning on Land which will be vacated to him similar to zoning on the land he is giving up for the road. The current zoning on the DOT property is Agricultural-One which would allow asingle-family residence or a variety of general farming operations. Please refer to the Outline Development Plan which has drawn on it, the location of the current service road (area being rezoning) and the new location of the road. The area being rezoned is located adjacent to Use Area'D', which permits C-1 uses and development standards. Staff would recommend that the parcel being rezoned also be given C-1 use and design parameters to be consistent with the Use Area 'D'. See attached copy of C-1 regulations. Prior to any more development on the site, a final development plan and plat must be submitted by the owner and reviewed by Planning Commission and City Council at public hearings. Planning Division Staff Report Page 3 Case No. WZ-96-3/WV-96-1 N. NEIGHBORHOOD MEETING A meeting for neighborhood Input was held on April 9, 1996 at 7:00 p.m. in the Municipal building Council Chambers. Staff present• Meredith Reckert, planner, Bob Goebel, Director of Public Works Dept. Other in attendance: Beverly Salter, 3475 Youngfield St Patricia Rubano, 13050 W 32nd Ave Norm Ross, 3145 Zinnia St Steve Barnhill, 13149 W 33rd Ave Bill Smitham, 3248 Zinnia Ct Shirley~Mike Coen, 13146 West 33rd Ave Linda Nelson,13167 W 33rd Ave Discussion at the meeting ranged from the process behind the road relocation decision to street signage on West 32nd Avenue. In general, the following concerns were expressed: Underlying restrictive covenants; bike traffic hazard to get to the Clear Creek greenbelt; road relocation doesn't include installation of a traffic signal at Zinnia Street; whether the wall would be extended north(ie., eliminate through traffic); why there was no public meeting after litigation was settled; question of who maintains the property between the wall and their new property lines; whether the owner has a specific development proposal. V. AGENCY REFERRALS Colorado Departmerrt of TransportaCwn encourages rezoning to help facilitate service road relocation. Jefferson Courtly Planning has no objection to the rezoning. They request no further access to West 32nd Avenue. Consolidated Mutual has a 12-inch water main In the area being rezoned. VI. EVALUATION CRITERIA _ CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of mne is approved, the appl"cant shall show and City Council shall find: 1. Than the change of mne is in conformance, or will bring the properly into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plena for the area. The property is designated as Commercial Activity Center on the Comprehensive Plan. Staff concludes that Commercial zoning would be consistent with this designation. 2 Thal the proposed charge of mne is compatible with the surrounding area and Urerc will be minimal adverse impacts considering the benefits to be derived. Zoning and land use surrounding the property is Planned Commercial Development to the west and north, which is vacant (to the west) and developed commercially {north and west). Abutting the property Planning Division Staff Report Page 4 Case No. WZ-96-3lWV-96-1 to the east is I-70, zoned A-1. To the south is a church with Planned Unit Development zoning. The benefit derived is the relocated frontage road. 3. That Urerc will be social, recreational, physical and/or cconomic benefids to the community derived by the change of mne. The change of mne creates a more developable parcel which could have economic benefits for the City of Wheat Ridge. There are no obvious social or recreational benefits. The relocated frontage road could be considered a physical benefit. 4. That adequate intrastructrrreJfacilrties are available to serve the type of uses allowed by the change of mne, or that the applicant will upgrade and provide such where they do not exist or arc under capacity. There is adequate infrastructure to serve the property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriousty reduce Ight and air to adjacert properties. The reduction of light and air should not be an issue as the adjacent property owner Is requesting the rezoning. Drainage on the rezoned land must follow historic flows with development. Traffic congestion should be reduced due to the frontage road construction and intersection improvements. 6. That the properly cannot rcesor~ly 6e developed under the existing mning conditions. The property cannot reasonably be developed with Agricultural zoning. 7. That the retuning xrill not create an isolated or spot zone d'nrtri~ unrelated to adjacent or nearby areas. Spot zoning is not a concern, as there is other adjacent commercial zoning. 8. That tlrerc is a void in an area or community need that the charge of mne will fill by providing for necessary services, products or facilities especially appropriate at the bcadon, considering available aNematives. There is no void in services that the rezoning will fulfill, however, it has benefitted the public good as part of the frontage road reconstroction process. Staff concludes that the criteria used to evaluate a rezoning support Approval of this request. VII. CONCLUSION ~ RECOMMENDATION Staff concludes that the Youngfield Service Road realignment was required for public health and welfare purposes and to allow future development within the 70 West Business Center. Staff further concludes that the City agreed to initiate a rezoning and vacation of the "old" right-of-way. Because the criteria used to evaluate a rezoning supports approval of the request, a recommendation of Approval is given for Case No. WZ-96-3 with the following condition: Planning Division Staff Report Case No. WZ-96-31WV-96-1 Page 5 1. C-1 use and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. In regard to the vacation, Staff concludes that the realigned Youngfieid Service Road has been recently completed and that the old right-of-way is no longer needed. Since no properties would be landlocked as a result of the vacation, a recommendation of Approval is given for Case No. WV-96-1. VIII. RECOMMENDED MOTIONS Case No. WZ~63 OPTION A: "I move that Case No. WZ-963, a request for approval of a rezoning from A-1 to Planned Commercial Development for property located at 12851 West 32nd Avenue, be Approved for the following reasons: Y. It will allow future development of the 70 West Business Center; 2. The criteria used to evaluate a rezoning supports approval of this request. With the condition that Gi uses and design parameters be allowed on the property and that this property be included In any final development plans for the 70 West Business Center". OPTION B: "I move that Case No. WZ-963, a request for approval of a rezoning from A-1 to Planned Commercial Development for property located at 12851 West 32nd Avenue, be Denied for the following reasons: 1. 2. 3. Case No. WV-961 OPTION A: "i move that Case No. WV-961, a request for approval of a right-ot-way vacation at 12851 West 32nd Avenue, be Approved for the following reasons: 1. The relocated frontage road has recently been completed;. 2. The "old" right-of-way is no longer needed for public street purposes; and 3. No properties will be tandiocked as a result of the vacation.' OPTION B: "I move that Case No. WV-96-1, a request for approval of a right-of-way vacation at 12851 West 32nd Avenue, be Denied for the following reasons: 1. 2. 3. b:~wz963.sr ------------- ~ ~ PGD ''~~ y p ~ 1 Y0.N6_FISL PLAZM1 \ ~;' 3 R I~ p I ~ n~ '4' - ~ ' I ~~~ ~ 'I iN - 1 ~ N^ ~w w ~ t,7dINGOR?ORhT~J ~ - _1 ~~'~~~'~^ ~~ ~~F4esoN couNn 7 ~~L,GD ~ o<~~a~~ 'i ~ <_al __ I 1 -x-0a~ ~- "Sz.>Ntl ._,- -I WLLn ', ~ ' ~ 5-C?~n6 G_..- fL~- .~y~ ` a of i 0 ~ Qg6~VE~aT` ~ - i b ---- 'u w~ ~'~ Q r L.~~ _-- - U . J _~ s I _ - j ~- _ ~ ~ -~ - '--"-- - - - w .,.,-E O~ 1 ~ ~. ~ ~SL _ zo>:=_ ~ 5-e,c- ~ou~+oe~ I `4 ~ . J y.O~a~~'~~ M~~ __ -?ARC=„_J_ so„NaRr i7E5~GtiA'°5 OWN_RS-~?l GOLOR,4D0 . ~~~.~-_' M~, _I=~c A~~eesses Mn? nD0° cD: _o^e ~5, 1994 _as< Qev~s o~~ =xx~.+ary 8, !999 t (EXISTING I l I , I f I I` I HIGHWAY RIGHT-OF-WAY) i ~ LOT i I \ __ __~I __ 5 00' 21. 00" E ~- 23.30' _ /~-- //// / ~ I 5 99' 39' 35 C' / ~ / / ~ / / / / / I Pig IC76t SF I 1.037 hC. I / / / / 70 WEST ~ ~ ~/ BUSIN~SS CENTER / / o / //~/~ i //w/ ~ / /U LOT 2 / /~ ~ //~~' ~ H / r^/ LOT ^r I m / / ~ ca / ~ / I a'/~?/ ~ - - - - - ~~ /r=-/ ., //z/ I u / /~ / I ~ / ~o //.~"i I //// `~ °i LOT 3 ~ /76.g,•' ~i //// N / / / / ,,,, „/, I o I a , I p ' I l U I W ~ I ( I ~ p W I ' I ` U O I ~ w I ~ I 1 1 I _ L__ ,y P.O. 8Y a]' 30" E 29.00' WEST 32nd AVENUE F - - - -( W I a F I ~ I d z z r - - - - - - - I S89' S9. 00'w 23.00' ps~0 pP GP~\pN pF NO ~PGP,~~pN ~p ZpN\NG P ~~ ~O ti A ~e~ i ~FRASIER ENGINEERING CO. '_^ ENGINEERS 3c SURVEYORS I L--°'-~- X0]70 E. ~~~0• SU~SL 207 ~ ~- OExaER, COlORA00 30231 U (]OS) 731-9151 ~: The City of ~1Vheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant r;+y of wheat R;daP Address 75n0 W. 29th Ave. Phone 235-2848 Oerner Cnnm/r;+~ of Wheat Ridce_Address 7500 W. 29th Ave. Phone 235-2848 A portion of Location of request Vrnm Q iald GPYV;CP Road Mnr+h of w_ 49nd Avenue Type of action requested (check one or more of the actions listed below which pertain to your request.) © Change o£ 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. Detailed Description of request ADDRESS List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME PHONE 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 Variance/Waiver Nonconforming use change Fiood plain"special exception Interpretation of code Zone line modification Public Improvement Exception X Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other r-o-w as part of the align with Zinnia St. .~-~"`. Subscribed and sworn to me this ~ day of /!~'r~w~ 19 %t$ My commission expires SEAL Date Received ccee;eiy~ ivt~. li6JG 1.V (EXISTING HIGHWAY RIGHT-OF-WAY) I ~ LOT 1 /I I ~C~'-- - 5 00' Zt' 00' E 25.50' I //// //~-- s as 39. 353c / / / / I ~ ~ ~ / ~ / / / / I ( PARCEL -C" 037 ASCF~ I / / / / I i 70 WEST 0 I BUSIN~SS CENTER I i O + I ~ > I I I + W , LOT 2 ' I N I ~ ~ ~ LOT 7 I + i O i - - - - - I w i I ~ I I I I ~I O ~ `~ +1 LOT 3 \ ~~ I ` U ~ mf I I I 5 g • U' 30" W fU.fiO' c / / / / / / g / / N 75 09 I_ ~. - J 29.00' WEST 32nd AVENUE F - - - -1 W C I a E- I ~ I ~ z z //// / / q/ //p/ //a/1 //~/ / /~ Y / ~~ q / .w, y / r^/ ~ / / C °' ?/ / /~/ E~ /~-/ 4/ /~ / b U / /~ / i 0 / / ^ ~ /r/ / / / / /76.67' / / / / / / / / /• :'/ // //' // /~ ~ - - - - - - - I sas39•ao'w u.0o• Os~~ P P,~~GN OF P ~o PGP~~ON BOG ON~NG PN ~~2 O ~~ s I C~FRASIER ENGINEERING CO. __ I ~':-, ENGINEERS & SURVEYORS 10375 E. rWIVMO. SLATE 207 , OEtrvEP. 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' " ,i~n.1`i ew,, uw.~ll...a...~..~~~~1..., ,.._..,. _ _._. _- m An•• P' ~~ ItITPL1r .r r.I .iU v.v/6 ICO.O ' ...... n n..1..,... n,env m...,, :. n.u 1 w.e.. .. 1 .~~ %, ..... :I RICHTER ANNEXATION WHEAT RiDGe, COLORADO L OUTLINE DEVELOPMENT a f s 0 i~ Q SCALE: I' • 4o r wadetee, IrK. '0~ • ou.v .,na p a olpnap tloR e O PLAN PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-96-3: DATE: May 2, 1996 REQUEST: An application by the City of Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for the establishment of uses allowed and general design parameters akin to an Outline Development Plan. Said property is located at approximately 12851 West 32nd Avenue. Planning Commission Minutes __ May 2, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Page 2 Mr. Gidley informed those present that Case No. WV-96-1, the second case on the agenda, .had been withdrawn. He explained that the City had no jurisdiction to pursue the vacation, since the State will directly transfer ownership of the land to the owner. The city will not be involved. With-that change, Commissioner WILLIAMS moved to approve the order of the agenda for the meeting of May 2, 1996 as amended. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. (Commissioner CERVENY was out of the room for a brief period.) 5. APPROVAL OF MINIITES Commissioner ECKHARDT moved to approve the minutes for the meeting of April 4, 1996 as printed. Commissioner JOHNSON seconded the motion. Motion carried 5-0. 6. PDBLIC FORIIM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) No one had signed the roster, nor came forward to 'speak at that time. 7. PIIBLIC HEARING 1. Vase No. WZ-96-3: An application by the City of Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for the establishment of uses allowed and general design parameters akin to an Outline Development plan. Said property is located at approximately 12851 West 32nd Avenue. Mr. Cerveny returned to the meeting at that time. Mr. Gidley presented the staff report.. Entered into the record and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Chairperson LANGDON asked if a representative from CDOT had to be present Mr. Gidley explained that it was not necessary, since a joint agreement was made during a court proceeding between the City of Wheat Ridge, Colorado Department of Transportation and Mr. l Richter. Planning Commission Minutes Page 3 May 2, 1996 Dw ine Richter, 6565 South Syracuse Way, #1202, Englewood, was sworn in. Mr. Richter stated he agreed with the comments Staff had made. He reiterated he was the owner of 70 West Business Center and stated he agreed with the rezoning. Mr. Richter __-- stated he felt the request for rezoning should be approved, as he was giving up land zoned PCD and therefore the land he received also should be zoned PCD. Commission had no questions for Mr. Richter at that time. Mr. Gidley read a letter from Colorado Department of Transportation and requested that it be entered into the record. Chairperson LANGDON accepted the letter. Norm Ross, 3145 Zinnia Street, was sworn in. Mr. Ross noted that he lives directly south of the 70 West Business Park. He stated the. area is primarily residential in nature. Restricted Commercial zoning would be more appropriate, he felt. The commercial-One zone. designation would be acceptable, with a few exceptions - those would be Section B., Nos. 2, 5, 9, 21, 31 and 25. Those uses did not belong in a residential neighborhood he added. Mr. Ross also wanted the developer to submit a plan for the entire parcel. Care should be taken so that uses are not allowed that generate high volumes of traffic. He felt the construction material should be brick and there should be a bike path along the vacated Youngfield Service Road or, sidewalks should be installed along the relocated service road. Commissioner CERVENY asked Mr. Ross when he had moved onto Zinnia Street. Mr. Ross answered approximately 1980. Commissioner CERVENY asked about the sound barrier that had been installed recently. Mr. Gidley stated that a sound barrier had been installed along the west side. Commissioner CERVENY asked why the wall had been built. Mr. Gidley stated the sound wall was installed along the west side of 70 West Business Center specifically to abate concerns of residents to the west. Commissioner CERVENY asked what those concerns might have been. Mr. Gidley stated the concerns included business activity, noise, lights, etc. Planning Commission Minutes Page 4 May 2, 1996 Commissioner CERVENY asked if there were restrictions placed on the C-1 zoning stated in the agreement reached in court. Mr. Gidley stated there were no restrictions placed on the existing C-1 zoning in the agreement reached by the court. That was not an issue, he added. The issues were the relocation of the service road, and the subsequent rezoning of the service road to similar zoning as that land which was taken. Commissioner CERVENY asked if the restrictions would be similar zoning. Mr. Gidley answered yes, the zoning would be PCD, with C-1-type uses. Commissioner CERVENY asked Mr. Gidley if similar restrictions could_be placed on the property consistent with the court order, if intent is met? Mr. Gidley answered if the restrictions were reasonable, he thought it could be done. Mr. Gidley informed Commission of the uses Mr. Ross indicated he - would like to see eliminated from the list of C-1 uses for the subject property. They were as follows: B.2. Adult entertainment establishment (could not comply in terms of location); 5. Auto service/repair/maintenance, etc.; 9. Commercial machine shops; 21. Motor fueling stations; 25. Drive- in restaurant; 31. Taverns/nightclubs/lounges. Commissioner RASPLICKA asked if the items of auto repair are included or excluded in C-1 zoning uses. Mr. Gidley answered currently they are included. Chairperson LANGDON asked what uses would be left, if the ones he named were not allowed. Mr. Gidley answered that there_is quite a long list of allowed uses - 32 general uses and three or four times that many specific uses. He added that in terms of placing a building on the land, it is fairly limited, he thought it would be mostly landscaping, setbacks, parking and drive aisles. Erom a practical standpoint, Mr. Gidley stated it was likely the land would become parking for adjacent commercial uses, drive aisles or landscaping associated. with the primary use on the balance of the property. Chairperson LANGDON asked if anyone in the audience-would like to speak, other than those signing the roster. Planning Commission Minutes May 2, 1996 Page 5 Patricia Rubano, 13050 West 32nd Avenue, was sworn in. Ms. Rubano stated she moved to the area in 1987. She asked the Commission to consider the feelings of residents in the area, since it is primarily a residential area. Currently, traffic is a problem, as well as constant food smells. 1 Chairperson LANGDON suggested Mr. Gidley explain how the land was zoned C-1. Mr. Gidley offered to give a brief history of the property, which he did, informing those present that the C-1 zoning has been in place since 1974. Commissioner ECKHARDT stated he was never in favor of the present zoning on the parcel, however, he did not feel there was much that could be done to change it at this time. He elaborated. No other comments were offered at that time. Commissioner CERVENY moved that Case No. WZ-96-3, an application by the City of Wheat Ridge for approval of a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for the establishment of uses allowed and general design parameters akin to an Outline Development Plan for property located at approximately 12851 West 32nd Avenue, be Approved for- the following reasons: 1. 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. 2. It will allow for .future development of the 70 West Business Center. 3. The criteria used to evaluate a rezoning request supports approval of this request. 4. The zoning being established has been in place since 1975 when the property was annexed. With the following condition: That C-1 conditions and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. ommission would suggest the owner of the property take into onsideration the character of the property and its' impact on he surrounding neighborhood. ommissioner WILLIAMS seconded the motion. Motion carried 6-0. ' P.O. BOX 638 ,` -- _ TELEPHONE: 303/237-6944 The City of .7500 WEST.29TH AVENUE'• WHEAT RIDGE, COLORADO 80034 ~1Vheat . ,~.. . .~~ Ridge May 20, 1995 This is to inform you. that Case. NO. wz-gti-~ which is a request for approval of a rezoning from Agricultural-One (A-1) to Planzied Commercial Develcpment (PCD) & for_the establishment bf uses _ allowed & design standards akin, to an Outline Development Plan for property located at approx'matPly l g ~ W. 32nd Avenue will be heard by ._ ' the Wheat Ridge nits co ,n.'~ in the Council Chambers of-the Municipal Complex, 7500 West 29th Avenue at 7;00 p.m. , on Sa.ina i p, ~ gati All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the City Council __- , As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. if you have any questions or desire to review any plans, please contact the Planning Division. Thank you. 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(A) Intent and Purpose: This district is estab- lished to provide far azeas with a wide range of commercial land uses which include oEl"ice, gen- eral business, and retail sales and service estab- lishments. This district is supported by the com- munity and/or satire region. (B) Permi#ed Principal Uses: No building or land shall be used and na building shall be here- aftererected, converted or structurally altered un- less otherwise provided herein except for one (1) or mare of the following uses: (1) All uses permitted in the Restricted Com- mercial District as "permitted principal uses.,' 1726 ZONING AND DEVELOPMENT § 26,yq (2) Adult entertainment establishments when tune-up shops, engine repair, transmission in accordance with Wheat Ridge Code of Laws Chapter 3 repair, alignment services, car washes, up• , . holstery shops, radiator repair shops, Iubri- (3) Assembly halls and convention facilities. cation services and sound system shops. It is the intent to exclude body work or (4) Automobile and light-duty truck sales and Painting, and to exclude any such use pri- rental, subject to the following require- manly for service, repair or maintenance ments: to truck-tractors or semitrailers. Body re- (a) Sales, rental and service of a truck- pan' and painting may be allowed as a con- tractor or semitrailer is prohibited. ditional use. (b) All parking and vehicle display azeas (6) Banks, loan and finance oCeces. shall be paved. (c) There shall be a m;n;n,um of one thou- (7) Child caze centers. sand five hundred (1,500) feet of sepa- (8) Clinics For psychological, social or marital ration between sales lots. counseling and treatment, including soun- (d) There shall be a minimum ten-foot seling and treatment for substance abuse landscape buffer adjacent to any public and alcoholism, and including residential street, with such buffer to be completely treatment facilities. within the property boundazies, al- though the owner may additionally (9) ommercial machine shops. landscape that area between the front (10) Community buildings, Y.M.C.A's, Y.- property line and the street improve- W.C.A's, churches, libraries, parks, mu- ments if approved by the public works seums, aquariums and art galleries. director. There shall be no waivers of this Iandscape buffer requirement. (11) Golf courses, including private clubs, res• (e) Whenever a parking lot or display lot taurants and lounges, miniature golf or adjoins property zoned for residential driving ranges, and those uses commonly use, a landscape buffer of twelve (12) accepted as accessory thereto when located feet from said lot boundary shall be re- on the same premises. quired. Within the twelve•foot land- (12) Government or quasi-governmental build- scape buffer, asix-foot view-obscuring ings and offices or public utility buildings fence or decorative wall shall be con- , where outside storage, operations or repair structed. There shall be no waivers of facilities aze not planned. this landscape and fence buffer require- ment. (13) Greenhouses and landscape nurseries, in- (f! There shall be at least one (1) interior cluding both wholesale and retail sales of Iandscaped island for each thirty (30) related products; provided, however, that parking and/or vehicle display spaces. bulls storage or piles of materials. such as Each such landscape island shall oc- manure, peat, top soil, rock, sand, firewood cupy the equivalent of one (1) pazking or similaz materials, are screened from view space, and each such required island from adjacent properties by a view- shall be landscaped with a minimum obscuring fence six (6) feet in height. Bulk o£ one (1), two-inch caliper tree or storage or piles of such materials shall not lazger, and four (4) shrubs or accept- be permitted within a front yazd setback able living ground cover. and shall be no closer than twenty-five i25) (5) Auto service and repair and maintenance feet to a side or rear lot line which abuts residentially zoned property or where zoned shops, including tire sales (but excluding Agricultural and there is a residential struc• recapping), muffler shops, auto and light- ture within fifteen (15) feet of the common duty truck Fueling stations, detail shops, property line. Supp. No. a 1727 § 26.22 WHEAT RIDGE CITY CODE (14) Homes for the aged, nursinghomes and con- rent shall be within azeas screened gregate care homes. from view from all streets and adjacent (15) Hotels, motels or bed and breakfast homes properties. for transient occupancy. There shall be one (d) Exterminators. thousand (1,000) square feet of gross lot azea (e) Hair, nail and cosmetic services. For each unit. (f) Interior decorating shops. (~ Laundries and dry cleaning [shops]. (16) Indoor amusement and recreational enter- (h) Locksmith shops. prises,.such as roller rinks, bowling alleys, (i) Shoe repair [shops]. arcades and similar uses. (j) Studio forprofessional work or teaching (17) Indoor flea mazkets; however, outdoor flea of fine arts, photography, music, drama markets aze prohibited. or dance. (k) Tailoring, dressmaking or clothing aI- (IS) Liquor stores. teration shops. (19) Medical and dental offices, clinics or lobo- (1) Upholstery shops. (m) Watch and jewelry repair [shops]. ratories. (20) Mortuaries and crematories. (29} Small animal veterinary hospitals or clinics where there are no outside pens or runs for (21) i otor fueling stations. dogs. (22) Offices; general business and professional offices. (30) Stores far retail trade as listed below: (23) Pazking of automobiles of clients, patients (a) Antique stores. and patrons of occupants of adjacent com- (b) AppazeI and accessory stores. mercial districts. (c) Appliance stores and incidental ser- vice and repair. (24) Private clubs, social clubs, bingo pazlors and (d) Art galleries or studios. similar uses. (e) Automotive parts and supplies sales. (25) Restauran ,drive-in r taurants, ice cream (fl Bakeries, retail. (gl Bicycle stores sales ands re ated uses. . (h) Boat, camper, and travel trailer sales (26) Rooming and boardinghouses. and services. (27) Schools, public pazochial and private (in- (i) Book stores and newsstands. (j) Butcher shops and focd lockers but not eluding private, vocational trade or profes- , including food processing. sionaI schools), colleges, universities, pre- (k) Business machine or computer stores. schools and day nurseries (including those (1) Camera and photographic service and uses commonly accepted as necessary supply stores. thereto when located on the same premises). (m) Candy, nut and confectionery stores. (28) Service establishments as listed below: (n) Caterers. (o) Dairy products stores. (a) Ambulance services. (p) Delicatessens. (b) Blueprinting, photostatic copying, and (q) Department or variety stores. other similar reproduction services; (r) Drug stores. however, not including lazge printing, (s) Dry goods stores. publishing and/or book binding estab- (t) Electrical and supplies and service, but lishments. not including contractors storage yards. (c) Equipment rental agencies; provided, (u) Floral shops. however, that the outside storage of (v) Furniture stores. trucks, trailers or other equipment for (w) Garden supplies stores. Supp. No. 5 1728 ~• ZONING AND DEVELOPMENT $ 26.22 (x) Gift, novelty or souvenir stores. (y) Grocery stores to nearby property by reason of odor, dust, . (z) Hardware stores fumes, gas, noise, radiation, heat, glaze, vi• . (aa) Hobby and craft stores bration, traffic generation, parking needs, . (bb) Home furnishing stores outdoor storage or use, or is not hazazdous , (cc) Home improvements supply stores. to the health and safety of surrounding areas through danger of Fu•e or explosion (dd) Jewelry stores. . (ee) Leathergoods and luggage stares. (fl) Liquor stores (sale by packa e) (C) Permitted Accessory Uses and Accessory B L g . (gp~ Linen supply. ui dirzgs: (hh) Lumber yards and building supply (I) Electric transmission or other public utility stores; provided, that unenclosed lines and poles, imgation channels, storm storage of any materials shall be drainage facilities, and water supply facil• screened from view from adjacent prop- ities, and other similar facilities. erties and streets. (ii) Locksmith shops. (2) Residential uses in commercial zones shall (ij) Meat, poultry or seafood stores, be allowed under the following conditions: (kk) Motorcycle sales and service. (ll) Music stores. (a) Residential use shall be allowed only (mm) Newsstands (for the sale of newspa• on a Floor other than the ground floor, fers, magazines, etc.). or if allowed on the ground floor, re- (nn) Notions stores stricted to the rear half of the building. . (oo) Office supply [stares]. (b) Residential dwelling density shall not (pp) Optical stores. exceed one (1) dwelling unit for each (qq) Paint and wallpaper stores. Fve thousand (5,000) square feet of lot (rr) Pet stores. (ss) Picture framing [shops]. azea (c) Residential dwelling units shall be no (tt) Plumbing and heating supply stares less than five hundred (500) square feet and shops, but not including contrac• tors storage yards' each (d) Pazking shall be supplied at the rate of (uu) Shae stores. one (1) space per three hundred (300) (w) Sporting goods stores. squaze feet of floor azea. (ww) Stationery stores. (e) Where it is intended to convert an ex• (xx) Television, radio, small appliance re- fisting residential structure either paz• pair and service (shops]. tially or wholly to a commercial use, (yy) Tobacco stores. then commercial development stan- (zz) Tay stores. dards shall be applied for pazking, land- (aaa) Video rentals. soaping and residential buffering. Any 31) Taverns, night clubs, lounges private clubs ,__changes to building floor area shall fully comply with all commercial de- , and bazs. velopment standards. (3~) Th (f) No new residences as a primary or prin. eatres (excluding drive-ins), cipal use shall be allowed. (33) Any similar use which, in the opinion of (3) Outside display or storage subject to the the zoning administrator, or upon appeal of following: his decision, of the boazd of adjustment, (a) Merchandise material or stock for sale would be compatible in chazacter and im• pact with other uses in the district would , or rent may be displayed or stored , be consistent with the intent of this dis• within ten (10) feet of the front of build- ings without being screened ex t trio, and which would not be objectionable , cep that required parking spaces or fire Supp. No. 5 1729 § 26"22 WHEAT RIDGE CITY CODE lanes shall not be used for such outside display or storage. (b) Merchandise, material or stock maybe stored or displayed behind the front of buildings within side or rear yards only where completely screened from adja- centproperties and streets by asix-foot- high opaque wall or fence. Merchan- dise, material and stock shall not be stacked to a height greater than the height of the screening fence. (c) The above shall not apply to operable automobile or light-duty truck rental and sales lots; planted and potted nursery stock; plant and produce sales; boat and camper sales lots; or mobile home and structure sales lots, except that required parking spaces and fire Lanes shall not be used for storage or display. (4) Stocking of items intended for use or sale upon the premises is permitted; however, wazehousing is prohibited. (5) Storage buildings, sheds, gazages, work- shopsand other similaz structures when ac- cessory to the primary use. (6) Temporary Christmas tree, produce and bedding plant sales lots aze permitted on undeveloped pazcels or upon developed paz• cels, subject to the following requirements: (a) Temporary sales lots shall be permitted for no more than ninety (90) days. (b) IC located upon a parcel which is occu- pied by a primary use, the temporary sales azea shall not occupy required parking spaces or Fu•e lanes and shall not be located within the required sight distance triangle of the intersection of two (2) streets. (c) If located upon an undeveloped parcel, adequate off-street pazking azea for the use must be provided. (d) Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. fe) No such temporary sales lot shall oc• cupy a pazcel without first having re- ceived an administrative temporary use permit, business license, sales tax li- censes and building permit(s) as may be required by the City of Wheat Ridge. (7) Wholesale sales of any item offered at re• tail on the premises, where wholesale is an• ciliary to the primary retail use. (3) Pazking of not more than three (3) commer• cial truck-tractors and/or semitrailers in conjunction with, and accessory to, a res- taurant, hotel or motel primary use, and when in conformance with the pazking de- sign standards set-forth in section 26- 31(C)(14) of this Zoning Ordinance. It is not intended that such pazking limitations shall apply to pickup and delivery trucks nor- mally associated with business operations. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge PIanning Commission, fallowing procedures as set forth in section 26.6(A): (1} Automotive body and paint shops for auto- mobiles and light•duty trucks. (2) Electric transmission substation. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge PIanning Commission and city council, following procedures as set forth in section 26-6(B): (1) Auction houses. (2) Automobile and light-duty truck sales and rental, subject to the requirements set forth in subsection (B)(4), except the 1500-foot sep• azation between sales lots does not apply. (3) A building contractor's service shop and storage yazd incidental to an officelshow- room principal use. This would include caz- penters, painters, roofers, electricians, plumbers, heating and air conditioning con- tractors, and similaz uses which do not use heavy equipment in the business, but, how• ever, do have vehicles, tools, machinery and supplies used in the business stared upon the premises, either inside or outside, and where some customer work may occur upon the premises. All outside storage azeas shall Supp. No. 5 1730 ZONING AND DEVELOPMENT § 26.22 be screened from view from adjacent prop- vial use permit. In order to evaluat erties and streets by a six-foot opaque wall e the proposal, the applicant shall submit or fence. Stacking of materials and sup- plies shaII not exceed the height of the fenc a site plan which adequately illustrates e. Additionally, for uses which involve cos- location and size of all pazking spaces and drive isles and direction of traffi tourer work and/or fabrication upon the pre- i c flow, and which shows the proposed ra ses, no single machine shall exceed five (5} horsepower and provided that no excel pazking relative to existing structures - live noise, vibration, dust, emission of heat, on and adjacent to the site, to adjacent streets, and. which shows point of i glare, radiation, smoke or fumes aze pro- duced to the extent that it is dangerous n- gress/egress to the site.. The intent of , hazardous or a nuisance to the reasonabl this provision. is to.limit those areas in e enjoyment or use of adjacent properties. which truck•tractors and/or semi- trailers used in commercial ventures (4) Governmental buildings, fire stations, may be pazked, and is not intended to sewer treatment plants and public utility apply to any noncommercial use of such buildings, where outside storage, operations truck-tractors and/or semitrailers. or repair facilities aze planned. Parking lot design shaIl meet the stan- (5) Itinerant sales of any item permitted in this dards for truck•tractors and semi- trailers as specified in section 26.31 district upon a parcel which is vacant or , Off-street Parlung:Requirements. occupied by a permanent principal per- mitted use; provided, however, that such In addition, the applicant shall submit itinerant sales do not occupy required a report which addresses the fallowing: parking spaces or fire lanes, do not occupy the sight distance triangle required at the 1. Traffic impact tc adjacent and sur• intersection of two (2) streets if on a comer t round street systems; 2. Noise generated on the subject site proper y, aze set back at least ten (10) feet from all property lines and do not exceed and proposed methods of miti• thirty (30) days' occupancy of the same prop- gating its off-site effects; n, only one itinerant mer- m d 3. Air pollution caused by the new chant a occu Y py a premises at any time development and the relationship . Atemporaryusepermitshallnotbeassued with ambient air pollution in the by the board of adjustment. surrounding area. Proposed methods of controlling or reducing (6) Woodworking or carpentry shops for the ah' poIIution that aze part of the making of articles for sale upon the pre- development concept shall be de- mises, such as cabinets or custom furni- scribed; and tore; provided, however, that no excessive •l. Compatibility with adjacent land noise, vibrations, dust, emission of heat, uses, and proposed methods of as- glare, radiation, smoke or fumes aze pro- luring compatibility, such as duced to the extent that it is dangerous, screening, Iandscaping, setback of hazazdous or a nuisance to the reasonable orientation. enjoyment or use of adjacent properties. Ma- chinery shall not exceed flue (5) horse (b) When used in subsection (7)(a) above, power. the following words shall have the fol- (7) (a) Pazking of more than three (3) commer- lowing meanings: . cial truck-tractors and/or semitrailers on any pazcel or lot, where such vehi- 1. "Truck tractor" means any motor cIes aze not related to the transporta- vehicle which is generally and com- flan needs of the business conducted thereon, shall require approval of a spe- monly designed and used to draw a semitrailer and its cazgo load over the public highways. Supp. No. 5 1731 M' § 26.22 WHAT RIDGE CITY CODE 2. "Semitrailer" means any wheeled vehicle, without motive (5) Front yard setback. Fifty (50) feet minimum, power, which is designed to be used in co except as follows: n- junction with struck-tractor so (~ Thirty (30) feet for structures on lots or that some part of its awn weight Portions of lots which abut a cul-de-sac and that ofits cargo load rests upon bulb. or is corned by such truck tractor (b) Thirty (30) feet where the height of the and which is generally and rnm- building does not exceed thirty-five (35} monly used to carry and transport feet, and where the front setback area property over the public highways. is completely Iandscaped, exclusive of 3. Any of such vehicles shall be con- ingress/egress drives on either side of a sidered commercial when utilized structure. with or as a part of a commercial (c) Structures on lots which abut Sheridan venture. Boulevazd, Wadsworth Boulevazd, Ki- (c) Any property upon which a special use Pling Street, Ward Road, north of West permit is granted pursuant to subee 44th Avenue and Youngfield Street c- tion (E)(7) hereof shall be conspicuously shall be setback a minimum of fifty (50) posted to indicate the authorization for feet. the parking of commercial truck- tractors and/or semitrailers thereon It (6) Side yard setback. Based upon the specific . shall be a violation of the Cade of Laws site, adjacent land use and adjacent public for anycommercialtruck-tractor and/or i streets, one (1) or more of the following re- quirements shall a I PP y sem trailer to be parked or stored upon - property not so posted. Any commer- (a) Five (5) feet per story minimum, ex- cial truck-tractor and/or semitrailer cept a zero setback may be permitted parked in violation of the provisions where structures are constructed ofma- hereof shaII be subject to the provi- sonry or nonflammable material and sions of section 13-2 of this Code of in accordance with the Uniform Laws. Building Code. (8) Any other use not spe~cally listed in this (b) In all cases, thirty (30) feet where ad- district may be permitted as a s ecial use P where the planning commi i jacent to a dedicated public street. (c) In addition to building setback as re- ss on and city council Cmd, in addition to the standard quired by subsection (a) above, where a re- view criteria for all special uses as set forth side yazd abuts property zoned residen• ti l in section 26-6(B), that a specific site is i a , or where zoned Agricultural and there is a residential structure withi un quely appropriate for the use proposed, n fifteen (15) feet of the commercial prop- (F) Development and Use Regulations: erty, alive-foot-per-story landscaped buffer, plus asix-foot high solid deco- (1) Maximum height. Fifty (50) feet. rative wall or fence, shall be required (2) Minimum lot area. No limitation, provided between the building and the property line. that all other requirements can be met. (3) Maximum lot coverage. Ninety (90) percent (7) Rear yard setback. Based upon specific site, , with a minimum of ten (10) percent of the adjacent land use and adjacent public Iot being landscaped. streets, one (1) or more of the following shall apply: (4) Minimum lot widtk. No limitations, pro- vided that all other requireme t (a) Ten (10) feet for aone-story building n s can be met. and an additional five (5) feet per each additional story thereafter. Supp. No. 5 1732 ,.. ZONDIG ARID DEVELOPMENT (b) In all cases, any rear yard which abuts a public street shall have a m;n;mum setback of fifteen (15) feet for all struc- tures. (c) In all cases, aay rear yard which abuts a pubic alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. (d) In addition to building setback as re• quired by subsection (a) above, where a rear Yard abuts property zoned residen- tial, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial prop- erty, afive-foot•per•story landscaped buffer, plus a sie•foot•high solid dern- rative wall or fence, shall be required between the building and the property line. (8) Parking requirements. See section 26.31. (9) Landscape requirements. See section 26.32. (10) Fencing requirements. See section 26.30(A. (Ord. No. 1989.801, § 3, 7-24-89; Ord. No. 1990- 827, § 1, 4-9-90) Supp. No. 5 § 2fr23 1733 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: June 10, 1996 DATE PREPARED: May 28, 1996 CASE NO. & NAME: WZ-963 CASE MANAGER: Meredith Reckert ACTION REQUESTED: Rezoning from A-1 to PCD LOCATION OF REQUEST: Approximately 12851 West 32nd Avenue NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge, 7500 W 29th Avenue, Wheat Ridge NAME & ADDRESS OF OWNER(S): Colorado Department of Transportation APPROXIMATE AREA: 1.037 acre PRESENT ZONING: Agricultural-One PRESENT LAND USE: Youngfield Service Road SURROUNDING ZONING: N: A-1, PCD; S: A-1; E: A-1; W: PCD SURROUNDING LAND USE: N: service road; S: W 32nd Ave; E: I-70; W: hotel, cafe, vacant PLAN FOR THE AREA: Commercial activity center DATE PUBLISHED: May 24, 1996 DATE POSTED: May 27, 1996 DATED LEGAL NOTICES SENT: May 20, 1996 AGENCY CHECKLIST: RELATED CORRESPONDENCE: (XX) ATTACHED (XX) ATTACHED ()NOT REQUIRED ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER ( )NONE (XX) CASE FILE & PACKET MATERIALS ( XX) SLIDES (XX) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is Jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-96-3 I. REQUEST Page 2 Case No. WZ-96-3 is aCity-Initiated request, on behalf of and with permission of the Colorado Department of Transportation 4o rezone property at approximately 12851 West 32nd Avenue from Agricultural-0ne to Planned Commercial Development and for the establishmen4 of uses allowed and general design parameters akin to an Outline Development Plan. II. PROPERTY HISTORY The property known as 70 West Business Center was annexed to the City of Wheat Ridge in 1975. At that time, an Outline Development Plan was approved establishing uses and general design parameters for the property. Enclosed is a copy of the outline plan also showing the area to be rezoned and vacated and the new frontage road location. In 1984 the Country Cafe and La Quinta Motel were approved and constructed as the 70 West Business Center final development plan and plat. At the time of development plan approval, there was discussion with the Colorado Department of Transportation regarding the traffic hazard due to the proximity of the Youngfield Service Road to the I-70 off-ramp. Because of this concern, the City of Wheat Ridge placed a deed restriction on the 70 West Business Center that no further development could occur until the service road was relocated away from the off-ramp. During 1991, the City's Public Works Department went through a series of public meetings and hearings to reach a decision on the placement of the relocated frontage road. The final decision was made by City Council at a public hearing held on June 24, 1991. Since that time, the City has been working with the Department of Transportation and the adjacent property owner to facilitate the road reconstruction. The City-initiated rezoning and vacation procedure was agreed to during negotiations with the entitles involved. The relocated frontage road and sound wall have been recently completed. . 111. PROPOSED ZONING The adjacen4 property owner, Dwaine Richter, agreed to "swap" land with State Highway for the road relocation, and would like zoning on land which will be vacated to him similar to zoning on the Band he is giving up for the road. The current zoning on the DOT property is Agricultural-One which would allow a single-family residence or a variety o4 general farming operations. Please refer to the Outline Development Plan which has drawn on ft, the location of the current service road (area being rezoning) and the new location of the road. The area being rezoned is located adjacent to Use Area'D°, which permits C-1 uses and development standards. Staff would recommend that the parcel 6eing rezoned also be given C-1 use and design parameters to be consistent with the Use Area 'D'. See attached copy of C-1 regulations. Prior to any more development on the site, a final development plan and plat must be submitted by the owner and reviewed by Planning Commission and City Council at public hearings. Planning Division Staff Report Page 3 Case No. WZ-96-3 ry. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on April 9, 1996 at 7:00 p.m. in the Municipal building Council Chambers. Staff present: Meredith Reckert, planner, Bob Goebel, Director of Public Works Dept. Other in attendance: Beverly Salter, 3475 Youngfield St Patricia Rubano, 13050 W 32nd Ave Norm Ross, 3145 Zinnia St Steve Barnhill, 13149 W 33rd Ave Bill Smitham, 3248 Zinnia Ct Shirley/Mike Coen, 13146 West 33rd Ave Linda Nelson, 13167 W 33rd Ave Discussion at the meeting ranged from the process behind the road relocation decision to street signage on West 32nd Avenue. In general, the following concerns were expressed: Underlying restrictive covenants; bike traffic hazard to get 4o the Clear Creek greenbelt; road relocation doesn't include installation of a traffic signal at Zinnia Street; whether the wall would be extended north(ie., eliminate through traffic); why there was no public meeting after litigation was settled; question of who maintains the property between the wall and their new property lines; whether the owner has a specific development proposal. V. AGENCY REFERRALS Colorado Department of Transportation encourages rezoning to help facilitate service road relocation. Jefferson County Planning has no objection to the rezoning. They request no further access to West 32nd Avenue. Consolidated Illutual has a 12-inch water main in the area being rezoned. VI. EVALUATION CRITERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26.6(C.), before a change of zone is approved, the applicant shall show and Cily Council shall find: 1. Than the change of mne is in conformance, or will bring the property ir-to conformanx with the City of Wheat Ridge Comprchens-rve Plan goals, objectives and policies, Comprehensive Land Use plan and ocher related policies or pleura for the area The properly is designated as Commercial Activity Center on tho Comprehensive Plan. Staff concludes 4hat Commercial zoning would be consistent with this designation. 2 Than the proposed change of zone is oompatibk with the surrounding arcs and there will 6e minimal adverse impacts considering Ute beneffts to be derived. Zoning and land use surrounding the property is Planned Commercial Development to the west and north, which is vacant (to the west) and developed commercially (north and west). Abutting the properly Planning Division Staff Report Page 4 Case No. WZ-963 to the easy is I-70, zoned A-1. To the south is a church with Planned Unit Development zoning. The benefit derived is the relocated frontage road. 3. That there will be social, recreational, physical andJor economic benefits to the community derived by the change of zone. The change of zone creates a more developable parcel which could have economic benefits for the City of Wheat Ridge. There are no obvious social or recreational benefits. The relocated frontage road could be considered a physical benefit. 4. That adequate infiastructurc/facilities are available to serve the type of uses albwed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or arc under capacity. There is adequate infrastructure to serve the property. S. That the proposed rezoning will not adversely affect public health, safety or weffare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The reduction of light and air should not be an issue as the adjacent property owner is requesting the rezoning. Drainage on the rezoned land must follow historic flows with development. Traffic congestion should be reduced due to the frontage road construction and intersection improvements. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The property cannot reasonably be developed with Agricultural zoning. 7. Than the rezoning will not create an isolated or spot zone district unrelated to adjacerd or nearby areas. Spot zoning is not a concern, as there is other adjacent commercial zoning. 8. That there is a void in an arcs or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate ad flee location, considering available aRematives. There is no void In services that the rezoning will fulfill, however, it has benefitted the public good as part of the frontage road reconstruction process. Staff concludes that the criteria used to evaluate a rezoning support Approval of this request. VIII. PLANNING COMIIAISSION ACTION Planning Commission held a public hearing on May 2, 1996. A recommendation of Approval was given for the following reasons: 1. 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. 2. It will allow for future development of the 70 West Business Center. Page 5 Planning Division Staff Report Case No. WZ-96-3 3, The criteria used to evaluate a rezoning request supports approval of this request. q, The zoning being established has been in place since 1975 when the property was annexed. With the following condition: 1. That C-1 conditions and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. viii- CONCLUSION & RECOMMENDATION Staff concludes that the Youngfield Service Road realignment was required for public health and welfare purposes and to allow future development wRhin the 70 West Business Center. Statf further concludes that the City agreed to initiate a rezoning of the "old" right-of-way. Because the criteria used to evaluate a rezoning supports approval of the request, a recommendation of Approval Is given for Case No. WZ-96-3 with the following condition: 1. C-1 use and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. C-1 "Permitted and Accessory Uses" and design parameters as set forth In the current C-1 district regulations as cod"rfied in Section 26-22, Wheat Ridge Code of Laws existing on date o4 adoption of this Ordinance. IX. RECOMMENDED MOTIONS Commerc al'Development for property located at 12851eWe tr32nd Avenue, bezApp ov d for the following reasons: i. K will allow future development of the 70 West Business Center; 2. The criteria used to evaluate a rezoning supports approval of this request. With the condition that C-1 uses and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. C-1 "Permitted and Accessory Uses" and design parameters as set forth in the current C-1 district regulations as codified in Section 26-22, Wheat Ridge Code of Laws existing on date of adoption of this Ordinance," OPTION B: °'I move that Council Bill No. , a request for approval of a rezoning from A-1 to Planned Commercial Development for property located at 12851 West 32nd Avenue, be Denied for the tollowing reasons: 1. 2. 3. b:~wz963.sr (" ~ --- ---- I i I , U1~IiJG012?ORAL =F>=Eeson counr 1 1Vf ~ - n 6 \~ ~ 1....... ----- ,~ .:~. PGD '~ yy~!yy AA N %N6FISD iLAL. ~'u ~ IC 1!'~ Q {r:8 I ~~ L<1 ~\J ~4,~ m ~ ~ ~ N .f +~ PGD ~~a~ ^~"9°__ Aak~.;N"J NL' ACf 5..ppain6 Lc `". ANqu7. iB~T i .l I t, IIr p ICI ~GD~ i ~~ j ~ oG- I ' a I ~ ._, I 2 z _ Y ~~ I t-. +~£ OEI=I GI f'~L- ~~ ~O"JE rJls~~G- 60tiND¢Y 1 '41' °t ~~ ~ G M I ` O --._ PANG`/-0- BOUNDR" T~ I Y I V L. iDE51GNA-ES Oh:NERSni?) I~1HE~T RIDGE -- - G~7Y ~:MI- _INE GOLORf~DO DE\OTcS "UL't°LE ADDRESSES MA.P .~.DO~'D: _une i5, i99d _asr Revs on. =epruory S. '~S 1 .w,,.... `~... L O Y i0] ]M %O +S scA~e ~~ }?AR,: ~~1'~ ~ ?:.t~~1",Ka AV J°!=~0~"'=~?~- ~ Fi-785: {EXISTING HIGHWAY RIGHT-OF-WAY) ~ LOT 1 T\ __ / 50 I / __ _ I ~ /~~ 589'39'C I ~ / I I f I I Ii I I ` 70 WEST I ~ BUSIN~SS CENTER Q , I p . ~ I I w U I j i W ~ I LOT 2 (!) I I ~ LOT 7 I I Q i I I v I I O ~ - - - - - I ~ I I I 1 "I I `~ 41 LOT 3 ;i I ~ U I ~f I I I 5 8 ~. ~~ W 1x7.60' 89' a3' 30' E P.O. B. z9.oo• WEST 32nd AVENUE e- - - - -1 W I a E-^ I ~ I d z z 1 ~I 71' oS E 23.3' _ .~. ~ / / / 3~ iiii iiii PARCEL 'C x5.176 S.F. 1.437 AC. ~ ~ i i ¢i iioi iiai) iii / /U ~~ q //ia• y / ~i a / ~ i C, g'/U/ ~~ i~-i ~,~z~ u i i~ N i ~o , ii,}i iiii iii iiii ii:~i i i iii. I 5 89' 39' d0' w 75.0' AnOAO~~O OF C C ` C GP~~~N LG o~~NG a~~ O ti 9 a i ~~FRASIER ENGINEERING CQ. '"~- ENGINEERS Sc SURVEYORS I ~=' ~m7s E. ~vu+o. sv~rz ml ~~ oEr+vEB. coiaa~oo ea73~ U t~o31 ;s~-e,o, ~; CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: WZ-96-3 APPLICANT(S) NAME LOCATION: 12851 West 32nd Avenue City of Wheat Ridge OWNER(S) NAME: Dwaine Richter REQUEST: Approval of rezoning from A-1 to PCD and fox establishment of uses allowed and general design parameters akin to an Outline Development plan APPROXIMATE AREA: 1.037 acre 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 atrovpdedradditionalbfacts. Planning Commission and such testimony P NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner CERVENY, seconded by Commissioner WILLIAMS, that Casroval of rezoning fromrAalrto PCP. and The City of Wheat Ridge fox app axameters akin fox establishment of uses allowed and general design P to an OutlinerDvedlfoxPthepfollo~ingxxeasoi1`located at 12851 West. 32nd Avenue be App 1, 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. 2. It will allow for future development of the 70 West Business Center. 3. The criteria used to evaluate a rezoning request supports approval of this request. 4. The zoning being established has been in place since 1975 when the property was annexed. With the following condition: 1, That C-1 conditions and design parameters be allowed on the property and that this property be included in any final development plans fox the 70 West Business Center. Commission would suggest the owner of tee tpxaParitstakmpactoon the consideration the character of the Prof surrounding neighborhood. Certificate of Resolution Case No. WZ-96-3/City of Wheat Ridge Page 2 VOTE: YES: Eckhardt, Williams, Rasplicka, Cerveny, Langdon and Johnson N0: None. I, Sandia Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6 - 0 vote of the members present at their regular meeting held in the Council Chambers of_the Municipal Building, Wheat Ridge, Colorado, on the 2nd day of May, 1996. WHEAT RIDGE b:\wz963.xes ~~ AGENDA ITEM RECAP - - QUASI-JUDICIAL _. X _ Yes- _ _~o- AGENDA ITEM _ - Meeting:Date x PUBLIC-HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS - _ PR-OC./CEREMONIES _-CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING _ BIDSLMOTIONS - - _- L24IIOR HEARINGS ._ ~ ~x ORDINANCES FOR 2ND READING INFORMATIDN ONLY PUBLIC COMMENT ~ _ RESOLUTIONS - _ AGENDA ITEM TITLE: Council Bill No. /WZ-O6-3 SUMMARY/RECOMMENDATION: This is a City-initiated request, for approval of a rezoning from Agricultural--One-to Planned Commercial Development and for the establ.ishment.of uses allowed and general design parameters akin-to an Outline Development Plam. Said property is located at approximately 12851 West 32nd Avenue. A recottimendation_of approval- with a condition is given. __ ATTACHMENTS: 1) Council _B ill No. 2) 3) BUDGETED ~ ~ -- ITEM Yes No Fund Dept/Acct '~ Budgeted Amount ~ Requested Expend. S,_ Requires Transfer/ Supp. Appropriation Yes No ,.__ ,. SUGGESTED MOTION: _ I move-that .Council Bi11 N_p. a request for approval of a rezoning from A-1 to Planned Commercial, Development for property located at. 12.851 West 32nd Avenue, be Approved for the following reasons: 1. It_wi11 allow future development of the 70 West Business Center; 2. The criteria used to__evaluate a rezoning` supports approval of this request. With the condition that C-1 uses and design parameters be ..allowed on the property and that this property be included in-any final development plans for the 70 West Business Center. C-1 "Permitted and Accessory Uses" and design parameters as set forth in the current C-1 district regulations as codified in Section 26-22,_Wheat Ridge Code of Laws_ existing on date of adopEion of this Ordinance. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1996 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT ON LAND LOCATED AT 12851 WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by the City of Wheat Ridge for approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-96-3 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One zone district, and to include in the Planned Commercial Development district the following described land: A parcel of land situated in the northwest quarter of Section 29, T. 3 S., R. 69 W. of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the southeast corner of Lot 7, 70 West Business Center, whence the West quarter corner of said Section 29 bears S. 86° 33' 43" W. a distance of 724.88 feet; 1. Thence N. 89° 43' 30" E. a distance of 29.00 feet; 2. Thence N. 79° 09' S0" E. a distance of 194.52 feet; 3. Thence No. 06° 31' 00" E. parallel with and 76.67 feet east of the east line of Lots 2 and 3 of said 70 West Business Center, a distance of 559.64 feet, to a point on the extension of the north line of said Lot 2; 4. Thence S. 89° 39' 00" W. along the said extension of Lot 2 a distance of 25.00 feet; 5. Thence S. 00° 21; 00" E. a distance of 25.50 feet; 6. Thence S 89° 39' 00" W. parallel with and 25.50 feet south of the said extension a distance of 55.30 feet, to a point on the east line of said Lot 2; 7. Thence S. 06° 31' 00" W. along the east line of said Lots 2 and 3 a distance of 539.55 feet, to the southeast corner of said Lot 3; 8. Thence S. 89° 43' 30" W. along the south line of said Lot 3 a distance of 142.60 feet, to the southwest corner of said Lot 3; 9. Thence S. 00°47' 15" E. along the east line of said Lot 7 a distance of 30.00 feet, to the point of beginning; Ordinance No. Case No. WZ-96-3/City of Wheat Ridge Page 2 The parcel described above contains 45,176 square feet, or 1.037 acres, more or less. Section 2. Condition. C-1 use and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. The uses and design guidelines shall be C-1 "Permitted and Accessory Uses" and design parameters as set forth in the current C-1 district regulations as codified in Section 26-22, Wheat Ridge Code of Laws existing on date of adoption of this Ordinance. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Sec#ion 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of , 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this _ day of , 1996. Ordinance No. Case No. WZ-96-3JCity of Wheat Ridge SIGNED by the Mayor on this _ day of 1996. Dan Wilde, MAYOR Page 3 Wanda Sang, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY Gerald E. Dahl, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:~wp60~o rd~wz963. ord 1RW REDI Property Data: Jefferson, CO 1995-96 - Map: 39-293 ~~ .. .f3 .. ~~ gLWtN1MKR.1'. ~••~:VexNG MWW 1. [~ V 8 39-293 '~, .. ...-i, ~ (C) 1996 TRW REDI Property Data - - Y -- 1)Situs:3248 -ZINNIA CT GOLDEN CO 80401-1656 740 Assd Land:$3 Use SFR APN :39-292-07-016 , Assd Imp :$10,580 Date:08/22/75 B1dar:1579 County:Jefferson CO Zone: Total Val:$14,320 Doc#:610834 Rooms: / /2 MapLoc:19-A Lot Size Sale:$45,000 Story:l Pool: RTSQ :69W03S29NW - 1stTD: Yrblt: GDNS Subdiv:APPLEWOOD Phone:303/279-0 362 Owner :SMITHAM WILLIAM A J R Own2nd:SMITHAM JANETTE I Mail -:.3248 ZINNIA CT; GOLDEN CO 80401-1656 C02 0 - - - - 2)Situs:3268 ZINNIA CT GOLDEN CO 80401-1656 740 Assd Land:$3 Use :SFR APN :39-292-07-014 CO , Assd Imp :$10,620 Date:10/08/75 B1dar:1925 County:Jefferson Zone: Total Val:$14,360 Doc#:870725 Rooms: /3 /2 MapLoc:19-A -_- Lot Size : Sale:$49,000 Story:i Pool: RTSQ :69W03S29NW 1stTD: Yrblt:1993 Subdiv:APPLEWOOD GDNS Phone:303/279-7 565 Owner :SMITHAM MICHAEL E Own2nd:SMITHAM ERIKA Mail :3268 ZINNIA CT; GOLDEN CO 80401-1656 C02 0 -- - - ~3)Situs:13187 W 33 AVE GOLDEN CO 80401-1616 860 Assd Land:$3 Use :SFR APN :39-292-07-D07 County:Jefferson CO , Assd Imp :$10,420 Date:D7/19/93 Bldar:2373 /4 /3 -- oms R MapLoc:19-A - Zone: Total Val:$14,280 Doc#:105334 500 Sale:$144 : o Story: Pool: RTSQ_ :69W03S29NW Lot Size , 1stTD:$79,500 Yrblt: Subdiv:APPLEWOOD GDNS Phone:303/279-9350 Owner :SCHNASE DARREL L Own2nd:SCHNASE ALDA RUTH Mail :13187_W_33RD AVE; GOLDEN CO 80401-.1616 C020 ~4)Situs:13167 W 33 AVE 39-292-07-009/02 GOLDEN CO 80401-1616 Assd Land:$3,860 Use SFR APN : County:Jefferson CO Assd Imp :$11,420 Date:01/24/90 Bldar: / / R MapLoc:19-A Zone: Total Va1:$15,280 Doc#:7729 500 Sale:$90 ooms: Story: Pool: RTSQ :69W03S29NW Lot Size , 1stTD: Yrblt: Subdiv:APPLEWOOD GDNS Phone: Owner :RICE STEVEN A Own2nd:RICE GAYLE A Mail :13167_W 33RD AVE; GOLDEN CO 80401-1616 C020 -6)Situs:13177 W 33 AVE GOLDEN CO 80401-1616 APN :39-292-07-008/02 Assd Land:$3,860 0 Use :SFR te:06/03/92 D Bldar: County:Jefferson CO Assd Imp :$12,13 990 Total Val:$15 a Doc#:66184 Rooms: / / MapLoc:19-A Zone: , Lot Size Sale: Story: Pool: RTSQ :69W03S29NW 1stTD: Yrblt: Subdiv:APPLEWOOD GDNS Phone:303/279- 7464_ Owner :NOBLE IRIS M Own2nd: Mail :13177 W 33RD AVE; GOLDEN CO 80401-1616 C020" -- orted data believed to be reliable but `Re accuracy is not guaranteed « » p (C) 1996 TRW REDI Property Data ',.~ 8)Situs:3258 ZINNIA CT GOLDEN CO 80401-1656 d APN 39-292-07-015 CO :$9,740 Assd Imp Date:12/06/94 B1dar:1855 / 3 County:Jefferson_ -Z Total Val:$13,480 Doc#:94188934 Rooms: l P one: MapLoc:19-A Lot Size Sale: : oo Story: RTSQ :69W03529NW 1 stTD:$117,000 Yrblt: Subdiv:APPLEWOOD GDNS Phone: Owner :KEENEY SUSAN Own2nd: _ Mail :171 S KILMER ST; GOLDEN CO 80401-5080 C036 _ X 14)Situs:3278 ZINNIA CT GOLDEN CO 80401-1656 Assd Land:$3,740 Use :SFR APN :39-292-07-013 CO l /87 212/4 /2 County:Jefferson_ Zone: Val:$14,890 Total Doc#:51555 Rooms; Pool: MapLoc:19-A Lot Size Sale:$91,500 Story: RTSQ :69W03S29NW 1stTD: Yrblt: Subdiv:APPLEWOOD GDNS phone:303/279-3 091 Owner :BROWN CLARK G Own2nd:BROWN LINDA J Mail :3278 ZINNIA CT; GOLDEN CO 80401-1656 C020 ___ --~5)Situs:3238 ZINNIA CT GOLDEN CO 80401-1656 740 Assd Land:$3 Use :SFR APN :39-292-07-017 CO , l /87 0 230/4 /3 County:Jefferson Zone: MapLoc:19-A Val:$16,880 Total Doc#: 8428 Sale:$137,000 Rooms: Story:2 Pool: RTSQ :69W03S29NW Lot Size 1stTD: Yrblt: SubdivAPPLEWOOD GDNS phone:303/279-0408 Owner :BRAUER BRADLEY BRIAN Own2nd:BRAUER KAREN JUNE 3238 ZINNIA CT; GOLDEN CO 80401-1656 C020 l --- -- - ------. : Mai -_ - . 16)Situs:13149 W 33 AVE -----------------~~----- GOLDEN CO 80401-1b16 Assd Land:$3, 0 APN :39-292-07-010 10 Assd Imp :$12$1 06/88 Date:12/ B1dar:1560 / /2 County:Jefferson Zone: Total Val:$15,970 Doc#:119734._. ? . Rooms:_ ol: -P MapLoc:19-A Lot Size Sale: o Story:l RTSQ :69W03S29NW 1stTD: Yrblt: Subdiv:70 WEST BUS CENTER phone:303/279- 5404 Owner :BARNHILL SAM TRUSTEE Own2nd:SAM BARNHILL C/O Mail :14050 CRABAPPLE PI,; GOLDEN CO 80401-1443 C021 ------- - -- _ ---------_a orted data believed - R to be reliable"but a ccuracy is not guaranteed « - » ep l?j ) i.lJp W . ~i?j AU E hIIGNo.EL ~-~'t Got_D~ r G~ $o~{ol _ (C) 1996 TRW REDI Property Data _ 1)Situs:3386 ALKIRE WAY GOLDEN CO 80401-1657 d ApN :39-301-01-003/01 :$198000 Assd Imp Date:12/17/87 Bldar:2596 3 County :.Jefferson CO Total Val:$22,870 Doc#:150901 Rooms: pool/ MapLoc:18-C Zone: Lot Size :A0.34 Sale:$160,000 Story: RTSQ :69W03S30NE 1stTD: Yrblt: Subdiv:APPLEWOOD GDNS FLG 02 phone:303/279-3496 Owner :SPENCE OLIVER B Own2nd:SPENCE GRACE H 3386 ALKIRE WAY; GOLDEN CO 80401-1657 C020 __ Mail : 2)Situs:3415 ALKIRE WAY ' GAssd LandB$5o210657 Use :SFR APN :39- 1-01-002 CO Assd Imp 6,750 Date:09/08/72 B1dar:925 2 County:J fe son Total V :$11,960 5 o1: P MapLOC: -C one: Lot Si e 700 Sale:$33 o Story:i RTSQ 9W03S ONE 1stTD: Yrblt: Subdiv:ROXBURY GDN / Phone:303/278-4 170 RUNKEL H Owner Own2md: -- Mail :3415 ALKIRE WAY; GOLDEN CO-80401-1657 C0 20 ____ " 3)Situs:13180 W 32 AVE GOLDEN CO 80401-1612 d APN :39-293-06-001 CO :$8,260 Assd Imp Date:08/27/79 B1dar:1256 /3 2 County:Jefferson Total Val:$11,930 DoC#:77665 Rooms: Pool: MapLOC:19-D* Zone: Lot--Size Sale: Story:l RTSQ :69W03S29SW Subdiv:APPLEWOOD RANCHETTES ADD 01 1stTD: Yrblt: phone:303/279-4137 Owner :NEPTUNE MARION , Own2nd: Mail :13180 W 32ND AVE; GOLDEN CO 80401-].612 C020 ____ 4)Situs:3346 ALKIRE WAY GASSd LandB$3o860657 Use :SFR APN :39-301-01-004 O Assd Imp :$25,870 Date:12/17/85 B1dar:2805 3 County:Jefferson C Total Val:$29,730 Doc#:11524 pool: ry St MapLoc:18-C Zone: Lot Size :A0.29 Sale: cl o RTSQ :69W03530NE 1stTD: yrblt: Subdiv:APPLEWOOD GDNS FLG 02 phone: Owner-:L AND L ABOTE ENTERPRISES Own2nd: Mail :3346 ALKIRE WAY; GOLDEN CO 80401-1657 C 020 ---- ______________ ---- ---------------------------------- » Reported data believed to be reliable but accuracy is not uaranteed « g a ~~! F ®~ ~6 ~c~c ~5 /i4.iiv~:YJ[' ~~^^~~F':xls'-a~e:nw.r~~-.----- vas-s~ ~. ZO£-6E :deW - 96-5665 OJ 'vosxa;;aP :eaeQ ~]sadozd IQ32[ MHZ o ~~ o *~ CITY COUNCIL MINUTES: Jv_*~e 10, 1996 Page -3- Motion by Mr. DiTullio that the City Attorney be directed to prepare an ordinance to change the form of government to-that of a Council/Manager system incorporating the specific features presented at the June 10, City Council meeting; he further moved that the Ordinance be presented at the June 24 City Council meeting; seconded by Mrs. Fields; carried 6-0. Item 1. Council Bill 15 - An Ordinance providing for the approval of a Special Use and located at 6090 West44th Aventuec'City~of Wheat~R dge, Co Dty oft on Jefferson, State of ColorOadeen City Hobbies) (Case No. SUP-96-1) Council Bill 15 was introduced on second reading by Mr. Siler; title read by the Clerk; Ordinance No. 1027 assigned. Glen Gidley was sworn in by the Mayor and presented the staff report. David J. Sommer, applicant, answered questions. Motion by Mr. Siler that Council Bill 15 (Ordinance 1027), a request for approval of a Special Use Pem~it to allow an indoor amusement facility in roved for the fol owing Irelasons fol. The property located at 6090 West 44th Avenue, be app evaluation criteria support approval of this request. 2. There have been no co opaa~nWith registered from the neighborhood. 3. Planning Commission recommends app the following condition: 1. The special us~b DiTull o; tarred 6 pCity Hobbies under the operation of David Sommer; seconded by Motion by Mrs. Dalbec to move Agenda Item 6 above ltem 4 because people have signed up to speak on this; seconded by Mr. Siler; carried 6-0. Item 2. Council Bill 18 - An Ordinance providing for the approval of rezoning from Agricultural-On 32nd (Avenue, C ty of cWheDat Ridge, CouDn'ty of Jefferson State at 12851 West of Colorado. (Case No. WZ-96-3) (City of Wheat Ridge) Council Bill 18 was introduced by Mrs. Worth on second reading; title read by the Clerk; Ordinance No. 1028 assigned. Mr. Gidley presented the case. This is a City initiated request on behalf of and with permission of the Colorado Department of Transportation. _- CITY COUNCIL MINUT35: June 10, 1996 Page - - The following speakers were sworn in by the Mayor: Dwaine Richter is the adjacent property owner, supports the rezoning and asked for approval. This is an exchange of right-of-way and all he is asking for is that the property be zoned the same as the one he owns. Diane Davies, attorney for Mr. Richter, asked that the zoning be compatible with the Richter property and not with the property that is now the service road. Norm Ross is not against development in that area, but is concerned about the uses; the area is primarily residential; it sure would be nice if there were a way to put some restrictions on that property. Bill Smithern is an adjacent property owner; thanked the City for constructing the 10 ft wall for the residents; is concerned about what development will go in on that property. Motion by Mrs. Worth that Council Bill 18 (Ordinance 1028), a request for approval of a rezoning from A-1 to Planned Commercial Development for property located at 12851 West 32nd Avenue, be approved for the following reasons: 1. It will allow future development of the 70 West Business Center. 2. The criteria used to evaluate a rezoning supports approval of this request. With the condition that C-1 uses and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. C-1 "Permitted and Accessory Uses" and design parameters as set forth in the current C-1 district regulations as codified in Section 26-22, Wheat Ridge Code of Laws, existing on date of adoption of this Ordinance; seconded by Mr. Siler; carried 6-0. Motion by Mr. Siler to hear Items 6. 4. and 7. and City Administrators, City Attorney's and Elected Officials matters tonight and to reconvene this meeting on Thursday at 7:30 p.m.; seconded by Mr. DiTullio; carried 4-2 with Mrs. Dalbec and Mrs. Shaver voting no. Item 6. _ Council Bill 24 - An Ordinance adopting a Temporary Moratorium on the acceptance, processing-and issuance of Building Permits for the construction of Multi-Family residential structures within a specified area of the City, and declaring an emergency. Council Bifl 24 was introduced by Mr. DiTullio; title read by the Clerk; Ordinance No. 1029 assigned. Mr. Gidley presented the staff report. INTRODUCED BY COUNCIL MEMBER worth Council Bill No. is ORDINANCE NO. io2s Series of 1996 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT ON LAND LOCATED AT 12851 WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by the City of Wheat Ridge for approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-96-3 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One zone district, and to include in the Planned Commercial Development district the following described land: A parcel of land situated in the northwest quarter of Section 29, T. 3 S., R. 69 W. of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the southeast corner of Lot 7, 70 West Business Center, whence the West quarter corner of said Section 29 bears S. 86° 33' 43" W. a distance of 724.88 feet; 1. Thence N. 89° 43' 30" E. a distance of 29.00 feet; 2. Thence N. 79° 09' S0" E. a distance of 194.52 feet; 3. Thence No. 06° 31' 00" E. parallel with and 76.67 feet east of the east line of Lots 2 and 3 of said 70 West Business Center, a distance of 559.64 feet, to a point on the extension of the north line of said Lot 2; 4. Thence S. 89° 39' 00" W. along the said extension of Lot 2 a distance of 25.00 feet; 5. Thence S. 00° 21; 00" E. a distance of 25.50 feet; 6. Thence S 89° 39' 00" W. parallel with and 25.50 feet south of the said extension a distance of 55.30 feet, to a point on the east line of said Lot 2; 7. Thence S. 06° 31' 00" W. along the east line of said Lots 2 and 3 a distance of 539.55 feet, to the southeast corner of said Lot 3; 8. Thence S. 89° 43' 30" W. along the south fine of said Lot 3 a distance of 142.60 feet, to the southwest corner of said Lot 3; 9. Thence S. 00°47' 15" E. along the east line of said Lot 7 a distance of 30.00 feet, to the point of beginning; = r 1028 Page 2 Ordinance No. Case No. WZ-96-3~City of Wheat Ridge The parcel described above contains 45,176 square feet, or 1.037 acres, more or less. Section 2. Condition. C-1 use and design parameters be allowed on the property and that this property be included in any final development plans for the 70 West Business Center. The uses and design guidelines shall be C-1 "Permitted and Accessory Uses" and design parameters as set forth in the current C-1 district regulations as codified in Section 26-22, Wheat Ridge Code of Laws existing on date of adoption of this Ordinance. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3. Vested Progerty Rights. Approval of this rezoning does not create a vested property right. Vested property rights may orily arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. This ordinance shall take effect 1' days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to o on this 13th day of May , 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and 1996, at 7:00 o'clock p.m., consideration on final passage set for June 10 , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to ~ ,this loch day of Juae , 1996. ~ h Ordinance No. 1028 Case No. WZ-96-3/City of Wheat Ridge SIGNED by the Mayor on this 1lchday of June ~, ~/ Wanda Sang, CITY~CLERK 1996. Page 3 ,6-A...,.G~~...c~./ Dan Wilde, MAYOR APPR AS TO RM BY~ITY A`~RNEY / ~ /~f~ /~ / Gerald E. Dahl, CITY ATTORNEY 1st Publication: stay li, 2nd Publication: June 14, Wheat Ridge Transcript Effective Date: June 29, c:~wp60`ord~wz963. ord 1996 1990 1996 -- --=~a-e-~-u- -- ~ - - _~ ---~-__.,____w - -~~~e.._____ -~-e ~_ ~.a._, ~- , ~- ,3o~c~__ ~. ~z~ -- ~~ -- ~ Y~ ~ '-~-=u- ~' ___-- - _ __ ~~----o~---- ---__~--__ n - --- -- Z '~~1 -~-~2~_ ~_ a~ ~aa . s. , -~, - ;! _~I i ---------------- ----`----- ------ ~-~, ~' ~ ~-~r-~Y t !- - d - -- - - - --`~- -1- -- ---- ------- ----~ -- -- - I __ ~~~~ i - - _- __ _ _ __._ __ _r__,~~____.__m,____._~____ vt ._. ---- - - .- -- -- - - -- ~J ---- - -°--- ~ -- - _ ------ /2930 ~! . 3 ~~ ~~ = I - r _ - . -- _-- -- r-- -- - ---- .. a .- p E ~ ~ ~~ ~- . ~ ~ ' , L ~ ! ~! i -- - r _ _ - a._.,_. _ - ----__ ~ - _..~ --- _ _ m ._-_ - -- - - -~ --- - - ---- --~~ _. ~_ ~~ ____ ---- ---- --- - ~ -- - - - - - -_ _: ~ . _3__3YC~_ ~~2-~.~~.e- _ ~ _ - C~ _.~: _--~ __T_ _ - --- --~ ..__. _T_- ------ - - -`-- - - - ,; ~ U~-e-~-~ ' u ~ ~ __-_~ I _- ,' ,~ _ r _ ~~61~-Q-~ - - --- -- - - 1 ~ 3~q/ -a __. .-1~~-~--_.____ ~_r_ -- -- - . r ~~ .f-.. ~ _