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HomeMy WebLinkAboutWZ-92-4 The City of Wheat ADMINISTRATIVE PROCESS APPLICP.TION Ridpra Department of Planning-and Development 6 7500 west 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant C;ty c,f wheat R;>i~rP Address_7500 W. 29th Ave Phone235-2-844 Owner John (Jack) Willis et al Address 7890 W.-38th Ave. Phone Location. of_-request Type of action requested (check one or more of the actions listed below which pertain to your request.) _ Change of zone or zone condition 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 s 8 Variance/Waiver Nonconforming use change ^ Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste. landfill/ mineral extraction permit _ ~ Other w.~N~r n <> ,e ~ ~nrer - rlannPn t~~mmPrcial D velopment District __ ._. r ......... _. ,-,_ . ..~ ... ,~, ~ _ 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 of those persons listed above, without whose consent the requested actior. cannot lawfully be accomplished.. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sworn SEAL Raraic>o>i -- D~~r~a r.} TTi. `~~~c.~v -19 My commission expires Gl -3a - J/~ AVE. O C- ~ j _, _~~ I ~'~~. I' i i ~ t ~ April 8, 199? TO: City Adm9.nistsator, Mayor, Planning, Director, City Council, Planning Commission and Mr, Jaek 'Millis FROM: Councilmember Flise Aroughax: RF; Reboking of Outline Development Plan of property located at NW corner of Wadsworth A1vd, and West 35t1a Ave. Attached is a letter seat to property onner Mr. ,lack Willis from Glen Gidley Planning Birector of the City of Wheat Ridge. I am concerned With the legality of the proposed procedure according to the zoning code of the City of Wheat Ridge. The second paragraph paragraph of Mr. Gidley's letter states that "the City may consider reclassification and rezoning of the property to a more restrictive zone classification." He further goes ox that he is obligated to place this matter before the Planning Commission. and City Council. I disagree with these statements. An Outl.ixe development P1 an has been filed acid recorded on this property. The Zoning Code of Wheat Ridge is silent in regards to time limi- tations on Outline Development Plans. The time ).i.mitation that Mr. Gidley refers to pertains to final. development plans which were nerer filed. (Section 26-25 (VII) (A)°Al]. const,ruction shall be ix accordance With the approved and recorded final. development plan and shall re comn?.eted with the time limitation as stipulated on the final development plan.." In a phone conservation I had on this subject pith the City Attor~y last,.,year, ~ he stated the' lap is silent regarding rRitline De- velopment Plan time limitation and that the law would have to be amended if this was desired. Ffr. Gidley further g.,oes on in his letter that he recommends that tlae Planned Commercial Development (PC D) zoning remain ix place on this property after the removal of the present Chitline Devel- opment Plan. I find this absolutely preposterous and illegal. The definitation of Planned Development Districts Sec. 26-2$ (I) is "There is hereby created a Planned Development District .,., based upon a comprehensive, integrated plan." The lax further goes on to read (II) Intent and Purpose (Ay'The intent of the PDD (Planned Development District) is to promote the establishment of well-designed innovative developments Which may not be permitted by a standard zone di.stri.ct, however, Which may he permitted through the use n£ an annroved development plan.." This section of the law further goes on to state "It is the specifi.e intent and requirement that all land under consideration for a planned development designation and all land sn zoned shall he and remain under unified control throughout the planning and de- velopment phases," (A) Said unified control shall he required to be in place and maintained: (3) For so long as the property is zoned and/or used as a planned deve?opment." (D) IInifi.ed control shall be achi.efed through a written unif'i.ed control statement, which shall he annroved by the city council as part of the app- roval of the outline development plan." ~ ~ _2_ ' ~ ~ . M ~ Mr. Willis xould have to assume the responsibility of the uxified control agent which is impossible since there would he xo plan. I feel that all Rovernmental asenci.es should be equitable and fair in their treatment of citi~,ens, and that the laws in place should he followed. My interpretation of the 1. ax indicates that the city is goix~ outside the boundaries of its zoning law in this case. I would request that the City follows the law as written, and follow the intent of the lax regarding planned developments which have never beex coxstructed for coxsideration of ~~reclassificatiox and rezoning of said site to a more restrictive zone classifi.catiox.~~ Sincerely, ~~e Brougham, Co n¢ilme District III Lt2~ -75bb 7500 WEST 29TH AVENUE Tf7B C)!ty O/ P.O. BOX 638 WHEATRIDGE.C080034-0638 (3031234-5900 (Zx7hea* City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~ midge March 24, 1992 Mr. John (Jack) Willis Trustee £or the Willis Estate 7890 W. 38th Avenue Wheat Ridge CO 80033 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Zoning of Property Located at the NW Corner of Wadsworth Bivd and West 35th Ave. Dear Mr. Willis: As you are aware, the property located at the northwest corner of Wadsworth Boulevard and West 35th Avenue was rezoned from Residential-Two (R-2) to Planned Commercial Development (PCD) per zoning case WZ-84-22. There was also an Outline Development Plan approved and recorded under the title of Wheat Ridge Center. The zoning action became final and effective on July 5, 1985. The approved plan for the Wheat Ridge Center Planned Commercial District stipulated that development would occur within five (5) years. Obviously, development did not occur within that stipulated time schedule. Should development not occur within that time period, the City may consider reclassification and rezoning of .the :property to a more restrictive zone classification. Therefore, I am obligated to place this matter before the Wheat Ridge Planning Commission and City Council for consideration of rezoning to a lower zone classification, or as an option, voiding of the Outline Development Plan only. It is possible that the property could be rezoned back to the Residential-Two (R-2) zone class which existed prior to the current classification, or to some other zone class lower than PCD. It is my recommendation that the PCD zoning remain in place, but that the Planning Commission and City Council revoke the Outline Development Plan, together with all stipulations, conditions and specified provisions. This would require anyone in the future wishing to develop the property to go through the Outline Development Plan step, i.e., use approval, in addition to the Final Development Plan step, or to rezone to a classification other than PCD. Presently, the tentative schedule for processing this action is as follows: Planning Commission public hearing - April 16, 1992; City Council consideration of the Council Bill on first reading (no public testimony permitted) - April 27, 1992; City Council ~e r„ „ r„i r,,.,., Mr. John (Jack) Willis March 24, 1992 Page 2 second reading of the Council Bill and public hearing -May 11; 1992. You will receive legal notice by certified mail of both public hearing dates. Additionally, the property will be posted and a public notice will be published in the Wheat Ridge Sentinel about two to three weeks prior to the public hearings. Should you have any questions regarding this proceeding, please feel free to contact me at 235-2844 to schedule a meeting. Sincerely your , Glen Gidley, Directo Planning and Development GEG:siw m e E i m r C P 470 649 457 E a o - RECEIPT FOR CEFlTIFIED MAIL ~ m 3 c » NO INSORANCE WVERAGE PROVICrD _ - q_ p NOT FOR fNTERNATIONAL MAIL /See Ra. vmrcel ~ ° vm M d 0 T- N rn a 0 M ILL a ~2rtg John (Jack) WilliO tre t and o. - g~ W. ,38th Ave. _E_st_a 1 §v~te~(r~7~'~de CO 80033 Postage 5 Certified Fee Special Delivery Fee Restncted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showmg to whom, Date, and Address of Delivery TOTAL Postage and Fees 5 Postmark or Date E 1=-'0 `off m w au I ¢Y . m ®vmm. 0 ~m~O n Ed m `I E c«a r U m®am; 0~wmm ~ Wa9yV 3+ __.ZCWEY Wt _ _ tym~0 m41 a m '~ ,y W mq m m ~ a m m Em ~ o d ~ = O~ d,~ ~ ~ O~ ~ _ ~~w ~ ~w s > qs F - s `" ^O^ a a w ; o ~` a m GM ff uu Q y' m W r m ^ Z ~ m F ° m~ m O m N O y m m ~ c w v m m 5 O 'E a O m C n ~ a¢ U w m e 9~ m w Q u ` ¢ `o of v °~ N ~ t m .l I N m ~ N m ~ m m m ~ ~ W I I'v 0 ~_ m m M O -ri •ri M o °~° ri r-i O ~ O N i~ .R ~~ CO 3 3 . a ~ ~ # ~ ~~ r x. ° O rUrt -I-t ~y ~V ~+1 N m CO v I'] ~I -1-I N c ` •°.~ y O m tS v m ~ ~ a W M '"O Q ~ ~ I 'm a .~ W W O OI $ m m O !~ V L , I , J -~ -u ~ m ~ r m c c Q ~~ N o E N pj `e." H t` ~ ro !( ~( n ri m ~ m ~ E y 6 HAYES, PHILLIPS & MALONEY, P.C. A[tomeys at Law Suite 450, The Market Center 1350 Seventeenth Street Denver, Colorado 80202-1517 (303) 825-6444 Telecopier: (303) 825-1269 John E. Hayes Herbert C. Phillips James S. Maloney CITY OF WHEAT RIDGE MEMORANDUM TO: Wheat Ridge Planning Commission FROM: John E. Hayes, City Attorney ~ /~'- DATE: April 16, 1992 CCC / RE: Authority to Hear Zoning Case Paul Godec M. Susan Lombazdi Scott W. Smith Mr. Gidley has indicated to me that, following your receipt of a letter addressed to the Planning Commission and various other persons dated April 8, 1992, from Councilmember Elise Brougham, you requested a legal opinion as to authority of the Planning Commission to hear the reconsideration of PCD zoning in Case WZ- 92-4/Willis. Based on my review of the City's Charter and ordinances, and based on my familiarity with the facts surrounding this matter, it is my opinion that the Planning Commission does have the authority to hear and consider this matter, and thereafter make any recommendation you deem appropriate. The Charter of the City of Wheat Ridge is clear in giving the City, acting by and through the City Council, the power " to amend, supplement, change, or repeal the regulations, restrictions and boundaries of zoning districts within the City. Such changes shall be adopted by ordinance after a public hearing at which parties in interest and citizens shall have an opportunity to be heard." City of Wheat Ridge Home Rule Charter, Section 5.10. This Section is the fundamental underlying grant of authority to the City, and is not a limitation upon the authority of the City, to hear and consider, and indeed to initiate, rezoning requests. The duties of the Planning Commission are set out in Section 2-60 of the City's Code of Laws, and set forth certain mandatory functions incumbent upon the Planning Commission. These include holding public hearings on all zoning cases and providing a written recommendation to the City Council. Those duties are mandatory upon the Planning Commission. . ~ f Planning Commission April 16, 1992 Memorandum - Page 2 It is readily anticipated that there will be other procedural and jurisdictional questions which will be raised to the City Council when and if this matter appears on a Council agenda, but I would recommend that you not involve yourself in those matters. Rather, it is my opinion and recommendation that the Planning Commission should limit itself to making a recommendation regarding those items listed under "Action Requested" on page two of the Staff Report which you have received in this matter. I hope it goes without saying that the discretion to make a particular recommendation is solely yours, to be exercised based only on the matters which appear in the record of this proceeding. Ex parte contacts are unlawful under Section 26-6(F)(5)(c) of the City's Code of Laws. ~- h NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on April 16, 1992 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. case No CUP-92-1: An application by Foothills Academy for approval of a Conditional Use Permit to allow expansion of a private school at 4725 Miller Street. Said property is legally described as follows: LOT A - - The South 140 feet of the North 392 feet of-the East 280 feet of the North one-half of the Northwest one-quarter of the Northeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian EXCEPT the Easterly 30 feet thereof for road purposes. LOT B The East 331.60 feet of the North 248 feet of the North one-half of the Northwest one-quarter of the Northeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian; EXCEPT the East 30 feet thereof for road purposes; containing 1.717 acres, more or less. LOT C - The North one-half of the Northwest one-quarter of the Northeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian; containing 1.717 acres, more or less, County of Jefferson, State of Colorado. - 2. base SIo. WZ-92-4:. An application by the City of Wheat Ridge for approval to revoke an Outline Development Plan approved pursuant to Case. NO. WZ-84-22, Wheat Ridge Center - Planned Commercial Development district located at the Northwest corner of West 35th Avenue and Wadsworth Boulevard. Said property is legally described as follows: A tract of land located in the East one-half of the Northeast one-quarter of the Northwest one-quarter of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, being more particularly described as follows: COMMENCING at the North Quarter corner of said Section; thence 800°02'34"W along the North-South centerline of said Section, a distance of 528.00 feet; thence 889°59'44"W a distance of 45.00 feet to the Westerly right-of-way line of Wadsworth Boulevard which is the TRUE POINT OF BEGINNING; -- ~ .- thence continuing along said described course, a distance of 615.00 feet; thence SOOo02'34"W parallel to the East line of the Northeast one-quarter of the Northwest one-quarter of said Section, a distance of 402.11 feet; thence N79o36'35"E 2.13 feet; thence S89°56'15"E a distance of 15.00 feet to the Northeast corner of a tract of land described in Book 2758 at Page 60 of the Jefferson County Records; thence 80°11'45"W parallel to the East line of the B and H tract; a distance of 381.64 feet to the North line of West 35th Avenue; thence 889°56'15"E parallel to the South line of said Northeast one-quarter of the Northwest one-quarter a distance of 588.77 feet to West-line of Wadsworth Boulevard; thence NOOo02'34"E along said West line a distance of 618.58 feet; thence N03°32'34"E along said West line, a distance of 165.80 £eet to the TRUE POINT OF BEGINNING. EXCEPT that part of the Northeast one-quarter of the Northwest one- quarter of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the North one-quarter corner of said Section 26; thence West along the north line of said Section 26, a distance of 660.0 feet; thence 800°02'34"W parallel with the east line of the Northwest one-quarter of said Section 26, a distance of 930.11 feet to the Southeast corner of WHEAT RIDGE PLAZA and the True Point of Beginning; thence N79°36'35"E, a distance of 2.13 feet; thence 589°56'15"E, a distance of 15.00 feet to the Northeast corner of-the B & H Tract; thence N00°02'34"E parallel with the east line of said Northwest one-quarter, a distance of 9.00 feet; thence N46o50'29"W, a distance of 23.42 feet; thence 800°02'34"W, a distance of 25.39 feet, more or less, to the True Point of Beginning, containing 291 square feet, more or less. 3. Case No. SUP-92-1: An application by James Toscano for approval of a Special Use Permit to allow a Class II Home Occupation with waivers in a Residential-Two zone district. Said property is located at 10509 West 44th Avenue and is legally described as follows: Lots 1 and 2, Marli Jefferson, State of City of Wheat Ridge No. 86039513. ATTEST: a Subdivision, City of Wheat Ridge, County of Colorado, EXCEPT that portion conveyed to the in deed recorded pr'il 17, 198 at Reception , Sandra Wiggins, ~ etary Wanda Sang, City Clerk To be Published: April 2, 1992 Wheat Ridge Sentinel <pc>pncup921/wz924/sup921 Case No: Case Name: Pc ,cc,so.~: _ Hearing Date: I ,,.~ Q f ~~~~/" an official of the City of Wheat Ridge, hereby certify that I haae posted the notice of public hearing at /~j o~ihtL o31 '7 ~~- ~ ~~,~~w„~y~address/location) on 19~(date) and that said sign shall remain in place for the 15 days prior to the scheduled public hearing of this case.- Sign was posted in position shown on attached map. ~ ,. Signature _ , n NOTE: This form will be kept in the applicant's case file at the_Department of Community Development. I Photo I PCD Z NM2 ° Q PCD ~m~ 33= ' WZ-74-O ~Cn~ z WHEAT R/OGE PLAZA MS-84-/ WZ-84-7 WZ-84 40 PRD Wz ~4-/T R-3 Q C-I I x ti '"~ ~ ,. ~„~ e~~ sur-ez-iz .=t_ C ~ P.O. 80X638 ~ TELEPHONE: 303/237-6944 Tlle~City Of 7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 ~x]Leat March 31, 1992 ~~idge This is to inform you that Case No. Wz-92-4 which is a ~.. ,_„Y° request for approval to revoke an Outline Development Plan approved cn ant to C'~SP Nn_ w7-$Q.-22 _ x for property located at the northwest corner of West 35th Ave. and ~.?ar~e,.,~rth Ronlevard will be heard by the Wheat Ridge p tinning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on April 16, 1992 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission As an area resident or interested party, you have the right to attend this Public Rearing 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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Lmtd. streetalup.--._ _. - ar ners i .. - 7710 W. 35th Ave. P 700 303 887 ii Certified Mail Receipt No Insurance Coverage Provided I Do not use for International Mail ~~ (See Reverse) _ wsu'EOSrc+:cc - - - - - Sent to Bernard & & Elaine H. street & tuo. - O u y -- - -- 3915 Hoyt Court P 700 303 884 Certified Mail Receipt No Insurance Coverage Provided i ~~ Do not use for International Ma' (See Reverse) _ Sent to ---- _ ~-~ ~~ ~- -~ Life Centre Ministries ~ - Ir t8 0. V3 J x W x rn $' ~l .T. w .' o o m~• -~ m N N N b N D Om 'nac wm m g=OD ' a N ~ 4 ~ S ,' _.O e! m 1 m I '~ ¢.+ w N N n n ° mmm ~ I m m m ° °,w n ~ - D m D a W~ Ul 'D' m o mS ' a , , x m -9.. ~ _- - - X X N ~ -. .. $ W L-I w ~oodc:• =p to v1 ~ '~ m~ ~ ano m O - ~ ~ k0 M N cn N n m m wmg°i]z -C G~ m M m c m c~ ff m o~m cw nm D n o _d0 m "L (7 D . »m.a• a E ~a O m ~ N N a °my'm -a D D ¢ N C'h w' ~~ ~ I'S o °~m m,» ~ o m .~- .~ mw -n< m Wadsworth Blvd. ~~95 ~ _ ---- -° - - -) _m P 'rG0 303 886 ,~ Certified Mail Receipt ~ w ~~ No Insurance Coverage Provided ® Do not use for International Mail k umeass'm°+ar (See Reverse) _ Sent to - - ~ - _ ~ ~- - - - - j David Sun .~ e Street & No. - _ _'~ 7608 W. 35th Ave. = F_, > P.O.. Sale S ZIP Code Wheat Rid e CO 80 - _ u - Q Postage -~ _ -q Certified Fee w - '- N Y[ Restricted Delivery F'ee -~ I I - ~.n Return Receipt Showing - ~ i ° ~ to Whom 8 Date Delivered ~- _, ~ - Return Receip[ Showing to Whom, F~-- ~ Date, & Address of Delivery _ _ TOTAL Postage Q 1' C ~ 8 Fees `I' - ~ Postmark or Date r M r E LL t a ~ i N I N I N lA J x W X.N .. w 'oomc --O ~ ~ ~ ~ D ^m ~ °< m .m. °: p1 W fJ• ~ 3 n o~ m a m I p ~ ~ c c rl' 0+ D Q E m m. o. ~' 9 ' \g_ m ~' na $n mmw m°zw O c -~•~ m is ~ a (L trt ',3 m °' m ~ » 3° ~m I o m ~ ~ W e m x mmmo. w m N:' w. °~ r rfi '.. msa ~ 3 a CJ ~ ~m'^« O anom ~a SZ ~ C' nna ~moamo a, m N m'"mc ~mm N O N a ~9 F p mm m m W m. an'^nm ~ o wmm»~ n wm m °m n , m mm0 m~~ £ m R 0 3 G . mmJ-i w nmrm am ' m ~ N ~ D ^~ t' om a mnm <w c L-RGU ~ '~ a » o v z '° o m :: H J n c T N w m m m c,m ~ v ® m _.$ N ~ p m mS~ I ~N 6 Q; n 3 n O Z ] mm+m m m gg m• Tiw p m c __ w t W ~ =m ~m mmn n na m ~ m Om moo B . o ^^^ ^ 6y <o ~ ~a ?mw n ~ w ^' m n O c °° y f m - o i ^O o a 3E 'm m3 Ol »'" oa 3 C ~ ~ m p, oA ~ m Ohm v 0 L K ~ sm n ma< < mm m ~ 7 w» m mm» ,~ ~ m g n mnm w v i - _ 1 .~•r-.. E N I X rn X rn w boo®c N v~ ~ w lTJ D Om a°:o °fm m m ' ra• lD N ~ w»oc~Z m g m Fl (D N fi m {L N ~ o~m v°'nm o.w a,p N ~ ~r ~ ~ ~ D »~n 9 E I a n ° o mme l0 ~D . a N. l~'Z m ' a m~,°., a~ ,P m -~ n ~ a fiG y' n. 3K<Wm m ,~,~ ~: m w W IJ C o. ° n . o w lV nfi' O~'C m m,m 109 m <_„m.cm ~ _ - - --- --_ - - - i. N I N N N 3 -__~ r ~ e --- l IF THIS APPROVAL IS GRANTED, IT WILL BE AN IMPORTANT STEP IN THE ?ROCEDURE THAT SHOULD RESULT IN THE REOPENING OF WEST 35TH AVENUE TO ALLISON STREET. IF THIS IS A CONCERN OF YOURS YOU SHOULD ATTEND THIS HEARING. C ~ , ..:-,%~fi~'-`iL-3~~~~ iii ~~ 7500 WEST 29TH AVENUE _. _ ~~ - -- - The Clfy Of P.O. BOX 638 WHEAT RIDGE. C080034-0638 (303a 234-5900 heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge April 8, 1992 This is to inform you that Case No. WZ-92-4, which is a request for approval to revoke an Outline Development Plan approved pursuant to Case No. WZ-84-22 for property located at the northwest corner of West 35th Avenue and Wadsworth Boulevard will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m., on April 16, 1992. All owners and/or their legal counsel of the parcel under consideration are encouraged to be present at this hearing before the Planning Commission. As an area resident/owner 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>phnoticeforms .` <^o e~~~;~~d~~ev~~~~~ r~ a e F ,~'~. ~ 4 ~~ro 5 d p~ 0 <y ~ 1 ~ ~ 3 r~ ~ 6~ 4 ~m~ v ^I i n rr~ ~~. u ~ n~ .7 V N (D ~o tY ~ W N c-F I~ 7J N ' ~' R. N F'• ~ ~4 p" R+ (D W !D N h N UI n o O cn ~ r+ 0 0 w w =o ~~ m Yr ' ~ () a ~ ~ ~' m . b O O O a 0 0 m 0 0 rn m a O O W O W ~_ v. , `,,~; Y e Z r fi s j ` __ __ z ~ a 'p ~ ' Ro ~ _ ., : m ~P mow; _~ ' , ~ r ~~I f ~ "~' ~ ~ ~ ,``1~ ~®»~91r}i' 1 ~ m N ~ i,. ciag Y z o E~,~ _ ~~~ '`~ =^ ,...,o,....,, P 717 0 3 [l3 91 ~d Certified Mail Receipt No Insurance Coverage Provided (~ Do not use for International Mai `Y (See Reverse) sent to - - -- - Albert Anderson Scree[ 8 No. - - - - 3798 Marshall St. - -- ~ P 700 303 913 , Certified Mail Receipt ~.~~ No Insurance Coverage Provided ~ _ ~ - - - -- ~~ Do not use for International Mail - ^----""~'-- - --- - - _ -- - ' - % o m ° uM~sr.~ (See Reverse) .~ smw _._ - _ _ _ _ _ - _ .__ T 'o c Sent to _ `4+ ~_ K m D 3 d< W N ^~n.o mRr . .m °` s N m _ m $~' W L7 1, rP {~ o ~ m o ~ '] 2 L~l ~m m3 moo I StreetSNO. - - ~ ~ m m m » ~N m N oO nm nA9 I £ n' 3480 Saulsbur Ct "~ °• ` °-, ~- ~ ¢ a m - 8°mmm n n~i . _ _ d ~ 3 < A n P 700 303 912 i -~:; ~~:r ~ n a . n: ~ m -- - Certified Mail Receipt ; ~' - - w -. o d ~ ~ _ No Insurance Coverage Provided ~0f ~ X a ~ °<wvi D ~° Do not use for International Mail ~ _ -n -o m rn ~ w b m no $ m Q1 ~ fps*~: (See Reversel / ~' -- » m ~ ~ ~ W °- sro m 3' no t a c O O M o~ LL a I:?:"-'ter. Sent to Pauline Willis Street 8 No. 3470 Saulsbury Ct. P.O., State 8 ZIP Cotle _ Wheat Ride CO 80033 Postage CemiFletl Fee Special Delivery Fee Restricted Delivery Fee Return Retelpt Showing to Whom & Date Detiveretl Return Receipt Showing Io Whom, Daze, 8 Atldrass of Delivery TOTAL Postage 8 Fees W Postmark or Date - r ~ - - m m m (D J~+ m omnm nArn lO .~.r O m m (t ('' n o ~ w ~-'- < I I W N m o 3~ w m `~ ~ m D . ~ nc~ i m o m , ,, 'm f ~ ~ N. m mm, E~ m ~ ,_ - -~ G ~, , mSo ~ a ~ ~ ~ n ~ N a6m ~Z ; ~ '~ C ~ m6om0 a - 6 ~• ` _.~ ` O 6mmnm _ - 'Il ` O m~m~m m ~~ n-~..m ~ nn W mm,m ..o n f -_~r~ '~ m =o m s a _ -m' I ~. m'momm m N mm~_m - N nmmom m -~ ~ o D _.. ~~^.~ A m°~am 2 °i m a I b D In mm~ m m ~Vt. D ~ w mnsm o m m m c ~ ~ d ° } w. m m r. J fi N m m m mS m ~' i _ ' g m m c ~ .. ~ m m p a i m mm., n 2 ~ ~ 17 ~ 0 ~ 9 O m ~ m ~ 3 ~ mi 6 m_ m C m_ m n m W v~ w m m O f N a '- . l rfi n m. o W » m m O m fi <o m,]~ o l0 n w ~~ ~ r^ 'm v'm cOt ' F/ Am »m '-' '^ - 3 ~ ^O m m. O n ~~ mm n N ~ v~9 0 -~ ~ ° zm <' m mm° m m ...~ tij ~ 0 ~m ~' _ 3<'. in m'" y m r1 m m ? 3 m : o. m m 'O .q /+~ ~ s CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission _ Date_Prepared: April 8, 1992 Date of Meeting: April 16, 1992 Case Manager: Glen Gidley Case No. & Name: WZ-92-4/Willis Action Requested: Reconsideration of PCD Zoning Location of Request: Approximately 3501 Wadsworth Blvd. Name & Address of Applicant(s): City of Wheat Ridge, 7500 W. 29th Ave. Wheat Ridge CO 80033 Name & Address of Owner(s): Pauline Willis, 3470 Saulsbury Ct., W R Gladys Dobbs, 3480 Saulsbury Ct., W R Albert Anderson (Trustee) 3798 Marshall St., W R John Willis (Trustee) 7890 W. 38th Ave., W R Approximate Area: 10.75 acres Present Zoning: Planned Commercial Development/Outline Plan Approval Present Land Use: Vacant Surrounding Zoning: N: C-1 & R-3; E: R-3 & R-2; S: RC-1, R-2 & R-3; ~nT: R-3 & PRD Surrounding Land Use: N: Auto Sales & Repair/Multifamily Res; E: Multifamily Res. & Vacant;- S: Office, Single family Res. & Multifamily Res.; W: Multifamily Res. Comprehensive Plan for Area: Commercial Activity Center (1/2) & Med./High Density Res. at an Activity Center ----------------------------------------------------------------- Date Published: April 2, 1992 Date to be Posted: April 1, 1992 Date Legal Notices Sent: March 24 and April 8, 1992 Agency Check List ( ) Attached Related Correspondence ENTER I__NTO RECORD: (XX) Comprehensive Plan (Xx) Zoning Ordinance Attached (XX) Not Required (XX) None (XX) Case File & Packet Materials ( ) 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. Planning Commission Staff Report Page 2 Case No. WZ-92-4 1. ACTION REQUESTED This is a City-initiated action approved by City Council with the application signed by the Mayor, to reconsider the Planned Commercial Development (PCD) zone classification of_the property located at the northwest corner of Wadsworth Boulevard and West 35th Avenue. In reconsidering the zone classification of this property Planning Commission has several alternatives: 1. Reclassify the property back to its original zoning, which was Residential-Two (R-2); 2. Reclassify the property to some other zone classification either of an equal classification_such as C-1, or to a lower classification, such as Agricultural-One (A-1); 3. Retain the existing Planned Commercial Development zone classification, however revoke the approved Outline Development Plan together with all stipulations, conditions and specified provisions; or 4. Recommend that the zoning and the Outline Development Plan be retained, and that the approved development schedule be extended. 2. BACKGROUND The subject property was originally zoned Residential-Two (R-2). On July 5, 1985, Wheat Ridge City Council approved a change of zone to Planned Commercial Development and approved an Outline Development Plan at that time. That Outline Development Plan was known as the Wheat Ridge Center. A copy of the plan has been provided to you for your reference. Sheet 1 is the Outline Development Plan site plan. As you can see, there was a neighborhood shopping center planned with three pad sites out toward Wadsworth Boulevard. Access to the site was to occur from Wadsworth Blvd. and from W. 35th Avenue, with no access being directed to the West on W. 35th Avenue or to Yukon Court. it was anticipated that an accel/decel lane widening on Wadsworth Blvd. along the west side would occur upon platting of the property and a traffic signal might occur towards the north end of the property on Wadsworth Blvd. On Sheet 2 of the Outline Development Plan was a section entitled "Development Regulations" which included character of the Planned Development, unified control statement, a statement relative to allowed uses and specifically prohibited uses, a development schedule and general development restrictions. 3. BASIS OF ACTION This action is being taken pursuant to the expiration of the development schedule that was specifically approved in the Outline Development Plan. When the Planned Commercial Development zoning and the Outline Development Plan was approved for this site Wheat Ridge Planning Commission Staff Report Page 3 Case No. WZ-92-4 Code of Laws, under the Planned Commercial Development Regulations specified the following: "All construction shall be in accordance with the Official Development Plan of the City of Wheat Ridge and shall be completed within a time limitation to be established by the City Council of the City of-Wheat Ridge. Such time limitation will be based on the extent of proposed development in relation to size, amount of physical construction -- necessary, cost and other time factors felt to be involved with the subject proposal. If, in the opinion of the City Council of the City of Wheat Ridge, substantial construction of physical improvements have occurred at-the ..end of this time limitation and it is evident by the submission of documents by the applicant the City Council of the City of Wheat Ridge may extend the initial time period. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by the City Council of the City of Wheat Ridge to consider reclassification and rezoning of said site to a more restrictive zone classification or classifications." (See attached exhibit A.) It is obvious that substantial construction of physical improvements have not occurred within the time period of the development schedule specified on the Outline Development Plan. In addition, there are conditions in the neighborhood which have changed since the time of approval of the rezoning and the Outline Development Plan which may render the potential for the intent of the Outline Development Plan to be achieved. Specifically, Wadsworth Blvd. has been reclassified from an arterial to a major regional arterial with a substantially wider right-of-way requirement. Another change has been the rezoning and current development of high density residential development across Wadsworth Bivd. to the east. Another change is the development of a small office building at the southwest corner of West 35th Avenue and Wadsworth Blvd. Additionally, overall traffic on Wadsworth and West 38th Avenue has substantially increased since the time of approval, and plans for improvement to West 38th Avenue are currently in the works which may accommodate alternative access via Yukon Court to improve the overall circulation in this general vicinity. 4. STAFF RECOMMENDATIONS _ _ In consideration of the Comprehensive Plan for this area which specifies that this property is split on the north by commercial activity center designation and on the southern half by medium to low- density residential at an activity center, which is a land use buffer type of classification, Staff would conclude that a commercial zone classification for the entire property is consistent with the Comprehensive Plan in general for this area, although the residential buffer on the south end was not required at the time of rezoning. We furthermore conclude that the changes in the neighborhood relative to land use changes and overall traffic congestion and wirl~ni.ng requirements for Wadsworth Blvd. merit reconsideration cif the original Planning Commission Staff Report Page 4 Case No. WZ-92-4 plan £or this site. We furthermore make the conclusion that the property has not experienced development activity as evident by the lack of any building permits being issued for the site or by the lack of any final development plan having been approved-for development on this site within the development schedule approved by Case WZ-84-22. Based upon these conclusions, Staff would recommend that the Planned Commercial Development (PCD) zoning be retained on the site, however, that the Outline Development Plan including all stipulations, conditions and specified provisions be revoked. This means that any future proposal on this site would need to go back through the use approval stage, which is a zoning step, to establish specific lists of uses and general restrictions upon the property in addition to a subsequent final development plan being approved prior to building permits being issued on this site. <pc>srwz924 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-92-4 LOCATION: Northwest Corner of W. 35th and Wadsworth Blvd. APPLICANT(S) NAME: City of Wheat Ridge OWNER(S) NAME: Pauline Willis, 3470 Saulsbury Ct. Gladys Dobbs, 3480 Saulsbury Ct. Albert Anderson (Trustee), 3798 Marshall St. John Willis (Trustee), 7890 W. 38th Ave. REQUEST: Reconsideration of PCD Zoning APPROXIMATE AREA: 10.75 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based 'upon the facts presented and conclusions reached, it was moved by Commissioner LANGDON, seconded by Commissioner JOHNSON, that Case No. WZ-92-4 be forwarded to City Council with a recommendation that the Planned Commercial Development zone classification be retained, however, that the approved Outline Development Plan, together with all stipulations, conditions and specified provisions be revoked. The matter of the Allison Street closure is a separate matter which will need to be resolved-at a later date. VOTE: YES: Eckhardt, Langdon, DiCroce and Johnson NO: Qualteri, Owens I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 4-2 vote of the members present at their regular meeting held in the Council Chambers o£ the Municipal Building, Wheat Ridge, Colorado, on the 16th day of April, 1992. ~L .~SL~ ~G'G®-c~v ith DiCroce,• Chairperson HEAT RIDGE PLANNING COMMISSION ~,. '~ Sandra Wiggins, Secr ary WHEAT RIDGE PLANNING COMMISSION <pc>resowz924 Planning Commission Minutes April 16, 1992 Page 5 Jana Ross, 10461 W. 47th Place was sworn in. Ms. Ross stated her only concern was buffering along I-70. She stated the school had been very cooperative. Commissioner CERVENY moved that Case No. CUP-92-1, an application by Foothills Academy for approval of a Conditional Use Permit to allow expansion of a private school at 4725 Miller Street 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. The criteria used to evaluate a conditional use permit supports approval for this request. 3. Staff, after review, has suggested approval. With the following condition: 1. That the 600 square foot storage structure have a 30-foot setback from West-47th Place. Chairperson DiCROCE asked if mention should be made regarding the curb, gutter and sidewalk. Commissioner CERVENY felt that would occur at building permit issuance. However, formal action by City Council would be required to waive the construction of public improvements. Commissioner QUALTERI seconded the motion. Motion carried 7-0. Prior to the presentation of the next case, Chairperson DiCROCE stated for the record that Planning Commissioners who received the letter from Councilmember Brougham have been instructed that in no way should the letter affect Commission's voting on this matter. C. Case No. WZ-92-4: An application by the City of Wheat Ridge for approval to revoke an Outline Development Plan approved pursuant to Case No. WZ-84-22, Wheat Ridge Center - Planned Commercial Development district located at the Northwest corner of West 35th Avenue and Wadsworth Boulevard. Mr. Gidley presented the case. Entered into the record and accepted were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Since Commission was familiar with the location of this case, he did not show prepared slides of the site. Mr. Gidley had for Commission's information a memo from City Attorney John Hayes regarding the City's authority to hear this zoning case. Copies of this memo were provided and Mr. Gidley read the memo into the record. Planning Commission Minutes Page 6 April 16, 1992 At this point Commissioner CERVENY requested that he be excused from hearing this particular case, since he had a client relationship with one of the owners of the parcel in question. He felt this relationship might hamper his objectivity. Commissioner CERVENY was excused. Mr. Gidley continued with his presentation. He explained vested rights. Commissioner QUALTERI asked if the City had deeded rights-of-way to the west of the property that might provide egress to W. 38th Avenue. Mr. Gidley stated that access to the west was currently not available, however, Yukon Ct. could be utilized for that purpose. Commissioner QUALTERI asked if it was a substandard road. Mr. Gidley stated it is local street, 50-foot right-of-way, and a 36-foot width. Commissioner QUALTERI asked about the vacated portion of West. 35th Avenue at Allison Street. Mr. Gidley stated that the City had vacated the strip of land. He added that at some future time the City may consider reopening the street, however, that is a separate issue and not under consideration at this time. Mr. Gidley stated that the plan had indicated no access to Yukon Court, however plans for the Wilmore PCD on the north side of W. 38th Ave. planned for the installation of a signal light at the Yukon Ct. and W. 38th Ave. intersection. Commissioner QUALTERI asked if the cui-de-sac abutted the site. Mr. Gidley stated there was direct adjacency to his knowledge. Commissioner QUALTERI asked if the site was presently for sale. Mr. Gidley acknowledged that it was. Commissioner QUALTERI asked if it would be beneficial to all if the property were zoned C-1 instead of PCD. Mr. Gidley stated that the C-1 category might best suit the owner as it would allow a wider range of opportunities for marketing the property. From the municipality standpoint, the City normally encourages the utilization of a planned development to afford some control for the City in limitation of uses and control of design. Commissioner QUALTERI asked what uses allowed in the C-1 zoned area would be incompatible. Mr. Gidley stated regarding the auto dealership, the zoning is Planning Commission Minutes April 16, 1992 Page 7 not incompatible, the utilization of the site is not incompatible, the manner in which the utilization is occurring on site is nonconforming to current regulations in terms of setbacks and parking relationships. Commissioner JOHNSON asked if the owners had approached the City regarding a time extension. Mr. Gidley stated no. Commissioner JOHNSON stated it was noted on the adopted plan that a five-year time limitation exists. Nancy Snow, 11155 W. 40th Avenue was sworn in. Ms. Snow stated she was in opposition to the City's recommendation that the plan be removed from the parcel and the zoning remain. She provided background information. Ms. Snpw felt the City was going back on its' word. She felt either one of two things should be done; either leave it as is, or; go back to the original R-2 zoning. She felt a traffic signal should be installed at W. 35th Ave. and Wadsworth Blvd. C. L. Higgins, 3720 Yukon Ct. was sworn in. Mr. Higgins stated he represented the owners, Mr. and Mrs. Alvin Siler. His concern was with increased traffic. Commissioner QLIALTERI asked what Mr. Higgins would want to happen in this case. Mr. Higgins felt the zoning should revert._back_to R-2. John Doyle, 3582 documents, which was speaking for West 35th Avenue opposed the City 1985. Allison St. was sworn in. Mr. Doyle had two he provided to Commission. Mr. Doyle stated he the property owners on Allison Street between and West 38th Avenue. He stated he strongly circumventing the court order dated April 11, Commissioner LANGDON had some confusion regarding Mr. Doyle's feelings regarding the question before Commission on this case. Mr. Doyle stated he didn't care about the question before Commission, his concern was that Allison Street would be reopened. Commissioner LANGDON asked if he wanted the restrictions maintained. Mr. Doyle stated they did want the restrictions to remain in place, especially the closure of Allison Street. Robert Russell, 3560 Allison St. was sworn in. Mr. Russell gave background information. Mr. Russell's main concern was that Planning Commission Minutes April 16, 1992 Page 8 Allison Street remain closed to through traffic. He felt the solution was a signal light at West 35th and Wadsworth Blvd. Chairperson DiCROCE asked if Mr. Russell had a preference regarding the question before Planning Commission. Mr. Doyle stated he agreed with Staff's recommendation for the property to remain PCD, but retain certain provisions. r.,,nfiher L Grothe, 425 Colorow Rd., was sworn in. He stated he was in favor of the PCD zoning being retained, but wanted things to remain as they are_ Mamie Hiclev, 7801 W. 35th Ave. unit 314, was sworn in. Ms. Higley was proposing an additional outlet be provided to West 38th Ave., since emergency vehicles would have difficulty getting in or out of the Valencia apartment complex. Chairperson DiCroce informed those present that Planning Commission would not be voting on the Allison Street issue, but only on the rezoning question. These other issues would be decided at a later date. Laura Waldeck, 7212 West Maple Dr., Lakewood was sworn in. Ms. Waldeck was unhappy with the traffic congestion at Wheat Ridge Plaza where she has three units. Albert Anderson, 3798 Saulsbury Ct. and John Willis, 7890 W. 38th Ave., were sworn in. Mr. Anderson stated he objected to the City taking action to change the zoning of this parcel, because of the prior court order. Commissioner JOHNSON asked if anyone was interested in purchasing the property. Mr. Anderson stated that recently realtors had contacted them requesting to list the property. Commissioner JOHNSON asked if the realtors felt they could work around the existing site plan. Mr Anderson stated he had the impression they could. Commissioner JOHNSON asked if the property was sold the new owners would have to seek approval of a final development plan. Mr. Anderson stated that was his understanding. John Willis gave some family background and stated it was his desire for the development of his property to be a positive addition to Wheat Ridge. He added that he felt the solution was the installation of a traffic signal on Wadsworth Blvd. and 35th Ave. Planning Commission Minutes April 16, 1992 Page 9 Chairperson DiCROCE called a short recess at 9:35 p.m. Meeting reconvened at 9:53 p.m. Commissioner QUALTERI moved that the current zoning and the Outline Development Plan be retained and that the approved development schedule be extended. Commissioner OWENS seconded the motion. Mr. Gidley asked how long Commissioner QUALTERI would extend the development schedule. Commissioner QUALTERI recommended a minimum extension of one year. Commissioner LANGDON asked Mr. Gidley what happens if the motion did not pass. Mr. Gidley stated an alternate motion would be in order. Motion failed 3-3, with Commissioners DiCROCE, LANGDON and JOHNSON voting against. Commissioner LANGDON stated he felt some frustration in that, as he understood it, extending the time allowance would be accepting of the approved plan, even though many changes have occurred since it's approval in 1985. Commissioner LANGDON moved regarding Case. No. WZ-92-4 that Planning Commission recommend that the Planned Commercial Development zone classification be retained, however, that the approved Outline Development Plan be revoked, together with all stipulations, conditions and specified provisions. He stated that the question of the street closure was a totally separate matter which must be resolved at a later date. Commissioner JOHNSON seconded the motion. Motion carried 4-2, with Commissioners QUALTERI and OWENS voting no. At this time, Commissioner CERVENY rejoined the meeting. D. Case No SUP-92-1: An application by James Toscano for approval of a Special Use Permit to allow a Class II Home Occupation with waivers in a Residential-Two zone district. Said property is located at 10509 West 44th Avenue. Meredith Reckert presented the Special Use portion of the staff report, which included slides. Entered and accepted by Chairperson DiCroce were the Comprehensive Plan, Zoning Ordinance, case file and packet materials, slides and exhibits. Commissioner JOHNSON asked what type of crafts would be involved. • § 21 Wheat Ridge Ctty Code 4 21 3. The planning commission shall approve the final development plan if it is in compliance with the accepted preliminary development plan. 4. Final plans, approved under this classification, shall be provided to the planning commission by the owner in the form of reproducible linen(s) containing graphic and descriptive outlines of all final stipulations placed on this site plan by city council. Each reproducible linen shall be recoFded by the county clerk and entered as an "Official Development Pian of the City of Wheat Ridge." M. Construction: 1. All construction shall be in accordance with such "Official Development Plan of the City of Wheat Ridge" and shall be completed within a time limitation to be established by the City Council of the City of Wheat Ridge. Such time limitation will be based on the extent of proposed development in relation to size, amount or physical construction necessary, cost, and other time factors felt to be involved with the subject proposal. If, in the opinion of the City Council of the City of Wheat Aidge, substantial construction of physical improvements have occurred at the end of this time limitation and is evidenced by the submission of documents by the applicant, the City Council of the City of Wheat Ridge may extend the initial time period. 2. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by the City Council of the ,City of Wheat Ridge to consider reclassification and rezoning o>< said site to a more restrictive zone classification or ~N. All development plans approved shall be binding upon the applicants, their successors and assigns and shall limit the development to all conditions and limitations established in such plans. 0. Amendments: 1. Based upon showing of necessity therefor, minor changes in the locations of structures and their accessory uses may be permitted with the concurrence of the planning director and chief 310 -122- ~x~igir f4 i ~ M E M O R A N D U M TO: John Hayes, City Attorney FROM: Glen Gidley, Director_of Planning & Development RE: Proposed Council bill for Case WZ-92-4 Wheat Ridge Center - PCD at West 35th & Wadsworth Blvd. DATE: April 20, 1992 The attached council bill is related to the reconsideration of the PCD zoning of the Willis property located at the northwest corner of Wadsworth Blvd. and West 35th Avenue. The form o£ this council bill is different than normal rezoning council bills. Please review and make necessary revisions. Additionally, if council decides to rezone the property, can they do it by amending this council bill, or should we have an alternate bill also prepared that proposes reclassification back to original zoning - R-2? I would like to get this. in the Wednesday packet for first reading April 27. Please respond as soon as possible. GEG:slw attachment ~, A 4 • .. ._ . . - ...~~.._... __ ...... .. .. ... .. _~.. ..... ~.... .. y ~_..._ .. .. .. .. ... ... • .. .,. CITY OF WHEAT RIDGE ITEM FOR COUNCIL AGENDA Taday`s Date ~ - ~-2- -~ Z~ Memorandum to: Office of City Administrator 1 .r ~ ~ Office of City Clerk From: ~~~!`F ~~ ~ ~~-~ y Re: Council Reg. Meeting~_ Study Session (date) _ (date) Under the Agenda Topic of: _ Public Hearings _ Proclamations or Ceremonies _ Public Comment .. _ Elected'Officials Matters ,~, City Admin. Matters _ City Attorney Matters Hids/Motions esolutions ~/ Ordinances for 1st Reading Ordinances for 2nd Reading Please list the following item (attachment) on the Council Agenda: ~ RKTIGi/°RTF %/f/S lT6~ ON ~/~„gG/C H~A.2//mob /YJAy ~~rH. Pl.EAS~ ADfI/SF~ lF DIFFE2r.N1: INTRODUCED BY COUNCIL MEMBER Council Bill ORDINANCE NO. Series-of 1992 TITLE: AN ORDINANCE PROVIDING FOR THE REVOCATION OF A PLANNED COMMERCIAL DEVELOPMENT - OUTLINE DEVELOPMENT PLAN, INCLUDING ALL STIPULATIONS,, CONDITIONS AND SPECIFIED PROVISIONS ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF WADSWORTH BOULEVARD AND WEST 35TH AVENUE. WHEREAS, the property legally described herein below in Section 1. was rezoned from Residential-Two to Planned Commercial Development by Wheat Ridge City Council on July 5, 1985; and WHEREAS, an Outline Development Plan was also approved under the title of Wheat. Ridge Center and said plan set forth, in both graphic and written manner, stipulations, conditions and specified provisions including but not limited to expected character, allowed uses, prohibited uses, proposed development schedule, general development restrictions, landscape buffering, vehicular ingress and egress allowances and limitations and building envelopes; and WHEREAS, the approved Outline Development Plan for the Wheat Ridge Center, Planned Commercial Development District provided for a five (5) year completion schedule commencing from date of plan approval, July 5, 1985; and WHEREAS, there is no evidence of substantial construction of physical improvements, nor has approval of a Final Development Plan been requested; and WHEREAS, the Wheat Ridge Planning Commission held a public hearing on April 16, .1992. to consider the status of the subject zoned property and adopted a resolution, pursuant to findings made based upon testimony and evidence presented, which recommends to the Wheat Ridge City Council that the Planned Commercial Development zone classification be retained, however that the Outline Development Plan and all stipulations, conditions-and specified provisions be revoked. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, THAT: Section 1: The Wheat Ridge Center Outline Development Plan together with all stipulations, conditions and specified provisions related thereto for the Planned Commercial Development District legally described below, is hereby revoked. Said property is legally described as follows: A tract of land located in the East one-half of the Northeast one-, quarter of the Northwest one-quarter of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, being more particularly described as follows: COMMENCING at the North Quarter corner of said Section; thence Ord No. Series of 1992 Page 2 Case No. WZ-92-4 SOOo02'34"W along the North-South centerline of said Section, a distance of 528.00 feet; thence S89°59'44"W a distance of 45.00 feet to the Westerly right-of-way line of Wadsworth Boulevard which is the TRUE POINT OF BEGINNING; thence continuing along said described course, a distance of 615.00 feet; thence S00°02'34"W parallel. to the East line of the Northeast one-quarter of the Northwest one-quarter of said Section, a distance of 402.11 feet; thence N79o36'35"E 2.13 feet; thence S89o56'15.."E a distance of 15.00 feet to the Northeast corner of a tract of land described in Book 2758. at Page 60 of the Jefferson County Records; thence SOoll'45"W parallel to the East line of the B and H tract; a distance of 381.64 feet to the North line of West 35th Avenue; thence S89o56'15"E parallel to the South line of said Northeast one-quarter of the Northwest one-quarter a distance of 588.77 feet to West line of Wadsworth Boulevard; thence NOOo02'34"E along said West line a distance of 618.58 feet; thence N03°32'34"E along said West line, a distance of 165.80 feet to the TRUE POINT OF BEGINNING. EXCEPT that part of the Northeast one-quarter of the Northwest one-quarter: of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the North one-quarter corner of said Section 26; thence West along the north line of said Section 26, a distance of 660.0 feet; thence S00°02'34"W parallel with the east line of the Northwest one-quarter of said Section 26, a distance of 930.11 feet to the . Southeast corner of WHEAT RIDGE PLAZA and the True Point o£ Beginning; thence N79°36'35"E, a distance of 2.13 feet; thence S89°56'15"E, a distance of 15.00 feet to the Northeast corner. of the B & H Tract; thence NOOo02'34"E parallel with the east line of said Northwest one- quarter, a distance of 9.00 feet; thence N46o50'29"W, a distance of 23.42 feet; thence-S00°02'34"W, a distance of 25.39 feet, more or - less, to the True Point o£ Beginning, containing 291 square feet, more or less. - Section 2: Said legally described property retains the Planned Commercial Development zone classification, however,- is limited to the existing usage of the land, vacant and pasture, until such time as an Outline Development Plan and Final Development Plan has been approved pursuant to Wheat Ridge Code of Laws, Section 26-25, or until rezoned to another zone classification. Section 3.__ Vested Prooert~y Riqhts This action 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. Safet~Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general ~ • 1 Y • • Y Ord No. Series of _.1992 Page 3 Case No. WZ-92-4 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. Cection 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first ready by a vote of to on this day of 1992, ordered published in full in a newspaper o£ general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1992, at 7:30 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 ~ 1992• _ SIGNED by the Mayor on this day of 1992. _ . __ . . RAY J. WINGER, JR., MAYOR Wanda Sang, City-Clerk APPROVED A5 TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordwz924 DISTRICT COURT, JEFFERSON COUNTY. COLORADO Case No. 84CV3258, Division 2 VRL/a L\ _. .~. INTEGRATED DEVELOPMENT CORPORATION, et al. . Plaintiffs, ~ ... v. _ .. THE CITY OF WHEAT RIDGE, COLORADO, et al. Def endants . THIS MATTER coming before the Court this 11th day of April, 1985, the parties being representeflesented1theeCourtlwithtaorneys of record, said attorneys having p Stipulation executed by said attorneys with the agreement and at the direction of the respective parties hereto,-and the Court having reviewed said Stipulation and being otherwise fully advised in this matter, NOW THEREFORE, it is hereby ORDERED that the Stipulation of the parties referred to above. is hereby adopted as the Order of this Court, all parties being directed to perform the duties set forth therein. ,~~'~, ~.~ D strict Judge 'T / .7 ., ..'. ~ ti Case No: LL' z - ~y ~ - ~/ PC,CC,BOA: ~ C Gase Name: Hearing Date: S -/0°-9~ I ~ ~~,~ / T,~v~ /~~,~ an official of the City of Wheat Ridge, hereby certify that I have posted the notice of public hearing at /y LU. C=orae, o~ ?j,$ lYr.P ~/,/J,y~~~,~~8ka~ddress/location) on ~~GJ- I9~(date) and that said sign shall remain in place for the 15 days prior to the scheduled public hearing of this case. Sign ivas posted in position shotim on attached map. Signature ~~~ .~' NOTE: This form will be kept in the applicant's case file at the Department of Community Development. ----- - ~ - -.1 h Photo a Jv(J//Y/J/V/Y HEAT R/06E PLAZA MS-84-1 WZ-84-7 WZ-84 40 ~ PRD rvz 74-/~ SUP-02 I - RC~h3 ~~ 1 '' Y 4 t 1 ` 666 t F A E G R E & B E N S O N 2500 REPUOLIC PLAZA 3]O SEVENTEENTH STREET DENVE R, COLORADO 80202-4004 903/E92~5900 FA<SIMILE S9 Y~b 693 May 4, 1992 Wheat Ridge City Council City of Wheat Ridge P.O. Boz 638 Wheat Ridge, Colorado 80034 Re: Case No. WZ-92-4 (Reconsideration of PCD Zoning) Dear City Council Members and Mayor Ray Winger, Jr.: Enclosed please find a letter that I am submitting for your consideration at the May 18, 1992 hearing in Case No. WZ-92-4. Please consider this letter in any deliberations or decisions that you should make on this particular property as they may impact the possible future reopening of Allison Street. Yours, ve y t ul „ Leslie A. Fields LAF/slq Enclosure 6354I MINNEAPOLIS DES MOINES VYASHINGTON~D.C. LONDON FRANKFURT F A E G R E & B E N S O N 2500 REPUBLIC PLAZA 3l0 SEVENTEENTH STREET DENVER, COLORADO 80202-4004 ]03/392-5900 FAGSIM ILE 598-5693 April 30, 1992 John Hayes 1350 17th St., #4700 Denver, Colorado 80202 Re: Case No. WZ-92-4 (Reconsideration of PCD Zoning) Dear John: As I informed you during our recent telephone conversation, I represent John Doyle and other residential landowners who own property adjacent to Allison Street in the Ridgeview Garden Subdivision, City of Wheatridge. As you are aware, the residents in this area were involved in a dispute in 1984 and 1985 with the Integrated Development Corporation arising out of its request for a rezoning of property located at 35th and Wadsworth for Planned Commercial Development ("PCD"). The denial of that rezoning culminated in a lawsuit which was resolved favorable to the applicant by a Memorandum of Understanding dated March 7, 1985 and a Stipulation which was approved by Order of the Court. The Memorandum was signed by several landowners including John Doyle as a representive for the Allison Street residents. One of the critical components of both the Memorandum and Stipulation of settlement was that the City would render Allison Street a dead-end street by converting it into a cul-de-sac. This would divert commercial traffic anticipated by the development away from the residential neighborhood, thereby addressing one of the major objections of both the City and the Allison Street residents to the rezoning. To insure that this would be done, a 2 foot strip at the north boundary of this street was actually vacated by City ordinance, and rededicated back to two adjacent landowners by the name of Simon and Lundy. MINNEAPOLIS DES MOINES WASHIN GTON,D.C. LONODN FRANNFId PT John Hayes April 30, 1992 Page 2 Although the Allison Street residents were not a named party in the 1984 lawsuit, the resolution of their concerns was an integral part of the settlement of that case as reflected in both the Stipulwhich wasSincorporateddinto theoStipulation. A Understanding, but to reviecommibted itselfsto themclosuredofaAllisontStreetlty no only representations that it or its agerocessdwhich be bound by any to the Allison Street residents during the legs P culminated in the settlement of the case. Now, several years later, it has been brought to t e is reconsidering the attention of these residents that the City roved as a part of PCD zoning which was placed upon the subject property as well as the Outline DevelopmenbyPResolution datedpApsil 16, 1992+ this rezoning. In fact, the Wheatridge Planning Commission voted to recommend to t e City Councilroved Out linedzDevelopment1Plan,ntogetherlwith all that the app stipulations, conditions and specified provisions be revoke . The Resolution did go on to state that the matter of the "Allison Street closure" will be resolved at a later date. Despite the specific statement in the Resolution as it concerns Allison Street, the neighborhood residents fzom its extremely concerned that the City may be retreating ofrthe factmforeinstanceethatlyouthave beeneconsultedaon mores than one occasion by the Public Works Department, and of ers of reopening this street. They are also about the possibility the City to value aware that an appraiser has been retained by to the the 2 foot strip previously vacated as an initial step institutionlnflightnofmthesenrecentnand disturbingtevents, mY property. clients have asked that Iositiontregardinquanydattemptsyto Council to convey their p reopen Allison Street. While these residents are more than amicabletsettlementhofothis issues andhinhfacttwouldrrequest such an opportunity before any definitive decisions are made, they want me to stress the fact that they would look upon any decision to reopen this street as anStipulation and1Court the former Memorandum of Understanding, Order. As I understand it, a City Council public hearing is recommendationMto revoke9theoOutline DevelopmentgPlanm15Givens the very specific reservation in that rb~oresoavedountilea that the closure of Allison Street ~~ 4.4-~ „n ;7 ;~i nct later date, it is my assumption that the City Co~--c-- w--- ~, John Hayes April 30, 1992 Page 3 be addressing this issue at that hearing. if I am incorrect in my assumption, I would appreciate notification from you as soon as possible, since i had not intended to be present at the hearing. As I informed you over the phone, I do not want my clients to incur the expense of having an attorney present to argue the Allison Street issue if it will not be the subject of the City Council hearing. If on the other hand, i am mistaken and this issue will be addressed by the City Council on May 18th, then I would want to be present to make whatever record is necessary to preserve my clients' position. Irrespective of the scope of the hearing, I do intend to submit this letter to the City Council so that it can be made a part of the record in their consideration of the PCD zoning. Again, let me reiterate that my clients are agreeable to meeting with you or other City members to discuss this situation. I look forward to hearing from you regarding the same. Yours very ~ ~ trul , '~eslie A. Fields LAF/slq cc: John Doyle 6297I .. ~50o wesT zsTH Av~roue - The City of P.O. BOX 638- _ _ WHEAT RIDGE. CO 80034-0638 __. (303) 234-5900 - heat City Admin. Fax ~ 234-5924 _ Police Depi. Fax ~ 235-2949 C'Ridge M E M O R A N D U M T0: Larry Wallace, The Valencia Homeowners' Association FROM: Meredith Reckert, Planner RE: Attached notice DATE: May 4, 1992 Please distribute this notice to all residents and owners. c, a,.,,.~~~~~~Y,~„„ 7500 WEST 29TH AVENUE - - ~ - ThE Cify Of P.O. BOX 638 WHEATRIDGE.CO80034-0638 ~ (303)234-5900 -VV heat City Admin. Fax ~ 234-5924 Police Dept. Fax k 235-2949 ~Rld.ge May 4, 1992 This is to inform you that Case No. WZ-92-4, which is a request for annrn~>al to revoke an Outline Develggment Plan approved pursuant to Case No. WZ-84-22 for property located at the northwest corner of West 35th Avenue nd Wadsworth Boulevard will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m., on May 18. 1992. All owners and/or their legal counsel of the parcel under consideration are encouraged to be present at this hearing before the City Council. As an area resident/owner 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 presencQ 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 ~-~rvt.Pr~2/ L, 3p x ~a~~~ ^,. ~'r~ ~. ~`i %'~ ~"~ x ~~s '.` ~ W ...y. - ~ (D rt :~ ~ ~~~~~ ~' 0 ~ 7 N = ~YQK C x 1 ~ 0 ~~ ~~ ~~ 20 >g Dx aW m 0 O r O D O O 0 0 O rn m w y ~ H ~ m ~~ ~¢ ~~ ~~ ~~ ~. m 0 ~ w cfl ,~ 'O r .] r .~ a~y~rr; K .~ ~ ~, ~ N ~~ 3`~ ~~ y .,~snJ Nm , 11~ ~'_ ~M/% srFi lII C f~~i f V b i`~Il'I IV N ~ c ! 1l ............. ~ 1 -J P 470 649 590 RECEIPT FOR CERTIFIED MAIL NG INSURANCE COVERAGE PROVIDED NOT FOfl INTERNATIONAL MAIL (See Reverse) ~'SAeQbert Anderson~~~~,~ shall P 470 649 573 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) w -- - -- - T- - ~ - - - ~o`~° Brannen n _ ~,fe a zEti omen ors P 470 649 579 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED , NDT FOR INTERNATIONAL MAIL (See Reverse) _ w _ .9 - .._ ~ Sent to Emanuel & Birte-Ann Street and lJO. l ~Ugelli ~ '27F,S Wadsworth __ _ P 47^ 649 58D r _ RECEIPT FOR CERTIFIED MAIL NO INGURANCE COVERAGE PROVIDED ~ NOT FOR INTERNATIDNAL MAIL I~~ (See Reverse) - . _ -- m-_ w _ .. _ ~ _ f w Senl10 ° 3765 Co_m an ~~ ~tr~e, C d No. -~ _ ~-- _-_ 1J Otis Street .~ _t II1rRi+ ~. _~ p 470 649 589 _~ RECEIPT FOR CERTIFIED MAIL ~ _ °_ NONOT FOftN NTERNA ONALNMAIOEO ~, (See Reverse) 4 _ ~_ _ __ • c w __ -r a - - 1 _ (n- '~ Sent to Glad s Dobbs '~Pa. a ~egLypd N~aaulsdbeury Ct. ~ ~~ Q R~~4422SSG UU~~an~P~c C.'~ '80~3~ E --• 5i 'W tit - _ _ ~_ .: .- ui _ - - _ - - S--` ~ Postage I Certified Fee - m a - -= - - -~~ Special Delivery Fee _ - Restricted Delivery Fee „ - p -- - ~ - - - I Return Receipt showing to whom antl Date Delivered g - m Return Receipt showing to whom, S` -_ r' Date. and Adtlress of Delivery - m S ~ ~ TOTAL Postage and Fees - o °o~ Postmark or Date I I~. 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PENTHOUSE SOUTH ]080 FIFTEENTfI STREET DEN V ER. COLORADO 802112 ASBOOIATE9, WOODSON L.HERRINO 6REOORY N. RULAND May 14, 1992 303.882-1880 FAX 303-825-8455 The City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Reconsideration of PCD Zoning Your case no. WZ-92-4/Wi11is Gentlemen: I am trustee for Mr.,and Mrs. Alvin Sihler, and as Trustee, own the real. property known as 3720 Yukon Ct. (legal description attached). Pursuant to your city code, as owner of the above-described property I hereby protest the above captioned reconsideration of the PCD zoning, unless as part of that reconsideration the property is reclassified back to its original zoning, that being residential two (R-2). This objection is based upon the prior rezoning being accomplished by the parties entering into a binding stipulation covering certain stipulations, conditions and requirements. It is my understanding that what the City is attempting to do is to retain the planned-commercial development zone classification but, in effect, revoke the approved outline development plan which contained the stipulations, conditions and specified provisions which I have alluded to above. Clearly, this is not proper or correct, as those stipulations were entered into in good faith and were relied upon by the adjoining property owners to permit the rezoning. Sincerely yours, Richard E Young REY/wb Attachment cc: Mr. and Mrs. Alvin Sihler The South 164 feet, Tract 1, ADKINS SUBDIVISION Except easements described in Plat of said Subdivision Except rights of way for ditches also known by street_ and number as 3720 Yukon Court, Wheat Ridge, Colorado, 80033 s STATE OF COLORADO City and ) ss. COUNTY OF DENVER ) , S~scribed and sworn to before me by ~c Rte la lx~~~ this ~,~ day of 1992. _ Witness my hand and official seal. My commission expires: ~-2-~~~ ~~~'„ • _,~ F e Notary Public .~ - .x -.• a ~,~ r M E M O RAN D U M TO: City Council FROM: Meredith Reckert, Planner RE: Legal protest DATE: May 15, 1992 Please be advised that on May 15, 1992, the City Clerk`s office received a notice of legal protest from the representative of the property owner at 3720 Yukon Street. This protest is being filed in regard to Case No. WZ-92-4. Staff is in the process of analyzing whether the provisions of Section 5.10 (action by ordinance required) of-the City Charter have been met. If Staff concludes that this qualified as a legal protest, then a three-fourths vote of City Council will be required to approve Council Bill No. 10. MR:siw NDTICe of APPEnL T0: CITY CLERK, CITY OF V1fiEAT RIDGE, COLORADO FOR: CITY COUNCIL, CITY 01" VlHEAT RIDGE, JEFFERSOr1 COUNTY, COLORADO DATE: /t~l~~ /~~1~ SU6J: case rJo. ~~~i/lif APPLICANT: Sil~lr~ Tirzcl~' ~~, /LiG~i~~ ~_ fiiG~,c L/w ~ Address: ~~o?U ~~~~ ~. PETITION/APPLICATIOr~ RE: /~Gua+rrZL'i~r.~5'u~ d~ /~('!I ~iw,s,r YOU IdILL PLEASE TAKE NOTICE t//hAAat appeal is het°eby made to the City Council of the Decision rendered by 7!~ C/•~ C~+ticlJ at its meeting of concerning the above titled rnatter. Si.gnati ems- ~ Do not irrite in this space. Print or type name-: lPet~v u Chi (address) `OZo lJ ~~s"¢~ ~~I2C (city and zip)~~N~,ty G'a. gGL(2 (telephone) ?3~~-((~jd DISPOSITION: Appear scheduled for City Councii meeting of _ i erg VR~'j}tf .~1J'...}[,.S ,ice t fF ) . F1AY-15-92 FRI I0.28 HAYES PHILLIPS MALONEY FAX N0. 3036251269 HAYES, PHTLb"[PS & MALUNEY, P. C. Attorneys at Law $u1tE 450, The Market Center 1350 Seventeenth Strcet 6cnvcr, ColoraJa 80202 1 5 1 7 (303) R25-6444 Tclecopier: (303) 525-1269 ]ohn E. Hayes Herbert C. Phillips lames S. Matloney CITY OF SPIiEAT RIT7G1r MEMORANDIIM TO: Mayor and City Council t p`~- FROM: John E. Hayes, City Attorney ~ ~ ~J DATE: May 15, 1992 RE: May 18, 1992 Agenda hams 2.A, 2.8 and 2.C P. 02 Paul Godec M. Susan Lombardi Scott W. Smith Following the Executive session held on May 11, 1992, I was able to meet with Allison Street residents John Doyle, Bob Russell, Bruno Maffei, Ben Balay, and Mr. and Mrs. Tom Lundy, together with their attorney, Leslie Fields. At that time I discussed with those individuals the content of the letter of May 12, 1992 (copy attached) which I had sent. Substantial c)ood faith, substantive discussion was held, and I believe progress has been made toward a possible nonlitigation resolution of the concerns of the Allison Street residents. however, because of the technical nature of the language which must be agreed upon, it was not possible to finalize an agreement between last Monday and this coming Monday. Therefore, based upon my understanding of your informal consensus given at the time of the Executive Session, T am requesting that items 2.A, 2.B and 2.C on the agenda for Map ].8th be continued until June 8, 1992. It is my belief that if we have not reached resolution oP this matter, including all technical aspects relating to the resolution, by the Sth o£ June, we will not some to such a resolution. Therefore, I am confident that this matter will be finalized, either by acceptance of a settlement and compromise, or by council action on the ordinance and resolutions at that time. I suggest that Ms. Fields be contacted immediately so that interested parties may avoid appearing at the Council Meeting of this Monday. ~. `r• • MAY-15-92 FRI 10128 HRYES PHILLIPS t7ALONEY FRX ISO, 3038251269 P, 03 ,, HAYES, PHSS.C.TPS & MAL4NEY, P.C. Attorneys at La,v Suite 450, Tht Murlet Cen;er 1350 Seventeenth Street Qcnvcr,Colorado 80?OZ-1517 f5p3)825•G44y Telecopier,(3p3)SZS•]269 Julm E. Hayes Paul Godee Herbert C. Phillips M. Susan Lombardi James S, Maloney Scott W. Smith May 12, 1992 A7x. John R. Dcyle 3582 A7.lisvn Street Wheat Ridge, CO 80033 Dear John: This letter is being written by me in my official capacity as City Attorney for the City of Wheat Ridge to you in your capacity as a representative of the property owners on Allison Street within the City of Wheat Ridge. The purpose of this letter, which is being written with the knowledge and consent of all eight members of the S~Theat Ridge City Council, is to begin a serious dialogue toward the immediate resolution of the current concerns of Allison Street residents regarding the potential elimination of the cul- de-sae or barricade at the intersection of West 35th Avenue and Allison Street. - As you and T recall all too vividly, the City agreed t© erevt, and thereafter did erect, a barricade at the southern end oP Allison Street where Allison Street intersects with West 35th Avenue as a result of a negotiated settlement of litigation which was commenced in 1484 in Case Nv. 84CV3258, Jefferson County District Court. At that time, the city, in order to address the concerns of the residents of Allison Street relating tv potential increases in traffic an Allison Street resulting from a planned shopping center development on property being rezoned at approximately West 35th Avenue and Wadsworth, agreed to, and did, erect the barricade effectively making Allison Street a dead-end street. In furtherance of that Agreement the City executed a Stipulation which became part of the order of the Court in the above-captioned case, and further vacated, and thereafter conveyed to the adjoining property owners by deed, a two-f cot strip of what had been Allison Street. Subsequently, it has been brought to the attention of the City Council that pertain individuals who live in residences and apartartents an West 35th Avenue within the City of Wheat Ridge are faced with a dangerous situation in accessing wadsworth Boulevard from West 35th Avenue. Tn order to address this legitimate health, safety, and welfare concern, the Wheat Ridge City Council has undertaken consideration of rezoning of the property at West 35th MRY-15-92 FRI 10 29 HAYES PHILLIPS MALONEY FAN N0. 3038251269 P. 04 4 f Mr. John R. Doyle May 12, 1992 Page 2 Avenue and Wadsworth (which property has never been developed after rezoning was ultimately approved thereon in 1985), and is considering reacquiring, through the use of eminent domain, the property which had been vacated and deeded at the southern-most two feet of Allison Street, and thereafter re-opening the Allison Street and West 35th Avenue intersection. puce these considerations have became known to the Allison Street residents, it has been made known to the City council that the Allison Street residents are extremely concerned about this possible course of events, and are in fact considering litigation in the event the City should undertake any activity which result in the reopening of Allison Street. Specifically, the City Council has been provided a dopy of Leslie Fields' letter of April 30, 1992, to me relating to this passible course of action. The currently seated Wheat Ridge City Council is sincerely interested in avoiding litigation over this matter, if such litigation can be avoided. However, the City Council is also intent upon protecting the legitimate safety interests of all Wheat Ridge residents, including those who live on West 35th Avenue. Accordingly, in an effort to accommodate both of those interests, the City Council has authorized me to plave in writing the following proposed scenario for a non~litigatiori resolution of the question o£ re-opening the intersection of West 35th Avenue and Allison Street. Tt is to be clearly understand that final acceptance of any solution is dependent upon approval of all terms by the City Council at a regular Council meeting. Specifically, the City would propose that a L ~~ 3500 Allison be executed between the owners of the property Street, 3502 Allison Street, and the City of Wheat Ridge. This License Agreement, which would be recorded, would grant to the City the Right to remote the existing barricada3 until the occurrence of certain specified events or the expiration of a certain specified time period, and would place a burden upon the City to clpse the intersection upon said occurrence or time expiration. By keeping title to the vacated property in the private property owners' rather than the City, the property owners would have the right to seek specific performance (which remedy would be agreed to by the City) to enforce the obligations of the City. The time period for existence of this License Agreement would need to be su£ficzent to allow certainty for development of an alternative safe point of access onto Wadsworth Boulevard for those individuals who reside an west 35th Avenue. Additionally, the occurrence of development upon the property at 35th and Wadsworth, if that development contained safe and adequate ingxess and egress CRY-I5-92 FRI 1D~3D HAYES PHILLIPS MALONEY FRX N0. 3038251269 P, 05 Mx. Sohn R. Doyle May 12, 1992 Page 3 far those residents upon West 35th Avenue, could trigger termination of the License Agreement, and the requirement o£ closure of the intersection of Allison and West 35th. Z would urge you to discuss with Ms. Fields the legal validity and effect o£ the grant of a license to the City, and the ability of the Cfty to exercise its rights of eminent domain now or in the future. Z am very aware that there is great hesitancy on the part of some residents o£ Allison Street to enter into any agzeement with the City given the constantly changing makeup of City Councils and the (what we believe to be) inalienability of the City's power of eminent domain. However., you and your fellow Allison Street residents should take solace in the fact that all eight members of the City Council wish to pursue this type of settlement prior to the taking of any further action, rather than insisting upon taking action and then seeking resolution after the institution of costly litigation. From the City's perspective, approval of this type of settlement will allow the immediate safety concerns of the residents of West 35th Avenue to be addressed, and will allow the City additional time and opportunity to develop a permanent, safe solution to this legitimate concern. When viewed from the City's perspective, your legitimate concerns of keeping viable the previous agreements, although postponing their implementation, together with keeping traffic on Allison Street at its approximate 1985 levels, are maintained. To further aid in that latter abjective~s realization, the City would agree to leave in place all "not a through street" signs which currently are maintained upon Allison Street. This letter] and this time, are not appropriate forums for expressing the myriad of concerns which X have heard expressed by bath sides of this issue. Rather, this letter constitutes a sincere attempt by the City Council of your City to address the legitimate concerns of all of the residents of an area affected by a decision taken in good faith seven years ago, which decision was based upon a premise which did not come to pass. mhe indulgence, undezstanding, and agreement of you and your neighbors on Allison Street, when coupled with a fairly warded, mutually enforceable License Agreement signed by both the Allison street residents and the City of Wheat Ridge, will allow the safety and welfare of all such residents to be preserved, The City Council has indicated unequivocally that, if I advise them no later than Friday, May 15, 1992, at 3:00 p.m. that substantial progress is being made toward a resolution of this matter, the City Council will continue the rezoning hearing from 3l~AY-15-92 FRI 1030 HAYES PHILLIPS MRLONEY FAX N0. 3038251269 P, 06 Mr. John R. JJoyle May 12, 1992 rage 4 its meeting of May 18, 1992, to a later date. Therefore, Z most sincerely urge your prompt and considered attention to this matter, and z would appreciate hearing from you or Ms. Fields at your earliest possible convenience. Very F;. FTaye5 JEHfpss xc: Mayor and City Council Leslie A. Fields, Esq. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date of Meeting: May 18, 1992 Date Prepared: May 7, 1992 Case Manager: Glen Gidley Case No. & Name: WZ-92-4/Willis Action Requested: Reconsideration of PCD Zoning Location of Request: Approximately 3501 Wadsworth Blvd. Name & Address of Applicant(s): City of Wheat Ridge, 7500 W. 29th Ave. Wheat Ridge CO 8003 t W R Name & Address of Owner(s): Pauline Willis, 3470 Saulsbury Gladys Dobbs, 3480 Saulsbury Ct., W R Albert Anderson (Trustee) 3798 Marshall St., W R John Willis (Trustee) 7890 W. 38th Ave., W-R-- ------------------------------------ Approximate Area: 10.75 acres Present Zoning: Planned Commercial Development/Outline Plan Approval Present Land Use: Vacant Surrounding Zoning: N: C-1 & R-3; E: R-3 & R-2; S: RC-1, R-2 & R-3; W• R-3 & PRD Surrounding Land Use: N: Auto Sales & Repair/Multifamily Res; E: Multifamily Res. & Vacant; S: Office, Single family Res. & Multifamily Res.; W: Multifamily Res. Comprehensive Plan for Area: Commercial Activity Center (1/2) & Med./High Density Res. at an Activity Center ---------- Date Published: April 30, 1992 Date to be Posted: May 4, 1992 Date Legal Notices Sent: May 4, 1992 Agency Check List ( ) Attached Related Correspondence ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Zoning Ordinance Attached (XX) Not Required (XX) None --------------- (RX) Case File & Packet Materials ( ) 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 Case No. WZ-92-4 1. ACTION REQUESTED Page 2 This is a City-initiated action, with the application signed by the Mayor, to reconsider the Planned Commercial Development (PCD) zone classification of the property located at the northwest corner of Wadsworth Boulevard and West 35th Avenue. In reconsidering the zone classification of this property City Council has several alternatives: 1. Reclassify the property back to its original zoning, which was Residential-Two (R-2); 2. Reclassify the property to some other zone classification either of an equal classification such as C-1, or to a lower classification, such as Agricultural-One (A-1); 3. Retain the existing Planned Commercial Development zone classification, however revoke the approved Outline Development Plan together with all stipulations, conditions and specified provisions; or 4. Recommend that the zoning and the Outline Development Plan be retained, and that the approved development schedule be extended. 2. BACKGROUND The subject property was originally zoned Residential-Two (R-2). On July 5, 1985, Wheat Ridge City_Council approved a change of zone to Planned Commercial Development and approved an Outline Development Plan at that time. That Outline Development Plan was known as the Wheat Ridge Center. A copy of the plan has been provided to you for your reference. Sheet 1 is the Outline Development Plan site plan. As you can see, there was a neighborhood shopping center planned with three pad sites out toward Wadsworth Boulevard. Access to the site was to occur from Wadsworth Blvd. and from W. 35th Avenue, with no access being directed to the West on W. 35th Avenue or to Yukon Court. It was anticipated that an accel/decel lane widening on Wadsworth Blvd. along the west side would occur upon platting of the property and a traffic signal might occur towards the north end of the property on Wadsworth Blvd. On Sheet 2 of the Outline Development Plan was a section entitled "Development Regulations" which included character of the Planned Development, unified control statement, a statement relative to allowed uses and specifically prohibited uses, a development schedule and general development restrictions. 3. BASIS OF ACTION This action is being taken pursuant to the expiration of the development schedule that was specifically approved in the Outline Development Plan. When the Planned Commercial Development zoning and the Outline Development Plan was approved for this site Wheat Ridge City Council Staff Report Case No. WZ-92-4 Page 3 Code of Laws, under the Planned Commercial Development Regulations specified the following: "All construction shall be in accordance with the Official Development Plan of the City of Wheat Ridge and shall be completed within a time limitation to be established by the City Council of the City of Wheat Ridge. Such time limitation will be based on the extent of proposed development in relation to size, amount of physical construction necessary, cost and other time factors felt to be involved with the subject proposal. If, in the opinion of the City Council of the City of Wheat Ridge, substantial construction of physical improvements have occurred at the end of this time limitation and it is evident by the submission of documents by the applicant the City Council of the City of Wheat Ridge may extend the initial time period. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by the City Council of the City of Wheat Ridge to consider reclassification and rezoning of said site to a more restrictive zone classification or classifications." (See attached exhibit A.) It is obvious that substantial construction of physical improvements have not occurred within the time period of the development schedule specified on the Outline Development Plan, nor has a Final Development Plan been presented for approval. Aside from the provisions for zone class reconsideration based upon the Planned Development District regulations, municipalities in Colorado have the authority to rezone property based upon traditional considerations such as conformance with the Comprehensive Plan and changes in neighborhood conditions. In this case, there are conditions in the neighborhood which have changed since the time of approval of the rezoning and the Outline Development Plan which may render the potential for the intent-of the Outline Development Plan to be achieved. Specifically, Wadsworth Blvd. has been reclassified from an arterial to a major regional arterial with a substantially wider right-of-way requirement. Another change has been the rezoning and current development of high density residential development across Wadsworth Blvd. to the east. Another change is the development of a small office building at the southwest corner of West 35th Avenue and Wadsworth Bivd. Additionally, overall traffic on Wadsworth and West 38th Avenue has substantially increased since the time of approval, and plans for improvement to West 38th Avenue are currently in the works which may accommodate alternative access via Yukon Court to improve the overall circulation in this general vicinity. 4. STAFF RECOMMENDATIONS In consideration of the Comprehensive Plan for this area which specifies that this property is split on the north by commercial activity center designation and on the southern half by medium to low- density residential at an activity center, which is a land use buffer type of classification, Staff would conclude that a commercial zone classification for the entire property is consistent with the Page 4 City Council Staff Report Case No. WZ-92-4 Comprehensive Plan in general for this area, although the residential buffer on the south end was not required at the time of rezoning. We furthermore conclude that the changes in the neighborhood relative to land use changes and overall traffic congestion and widening requirements for Wadsworth Bivd. merit reconsideration of the original plan for this site. We furthermore make the conclusion that the property has not experienced development activity as evident by the lack of any building permits being issued for the site or by the lack of any final development plan having been approved for development on this site within the development schedule approved by Case WZ-84-22. Based upon these conclusions, Staff would recommend that the Planned Commercial Development (PCD) zoning be retained on the site, however, that the Outline Development Plan including all stipulations, conditions and specified provisions be revoked. This means that any future proposal on this site would need to go back through the use approval stage, which is a zoning step, to establish specific lists of uses and general restrictions upon the propTOVediprioalto building subsequent final development plan being app permits being issued on this site. 5. PLANNING COMMISSION RECOMMENDATION Planning Commission held a public hearing on this case on April 16, 1992 and recommended retaining the PCD zone class, but revoking the Outline Development Plan together with all stipulations, conditions and specified provisions. (See attached resolution and minutes). eTTrrESTED MOTIONS' OPTION #1: "I move for adoption of Council Bill No. based upon the findings and conclusions stated therein, and based upon the evidence and testimony presented at this public hearing. OPTION #2' following. "I move for denial of Council Bill No. for the reasons: 1. 2. 3. " with the OPTION #3: I move for adoption of Council Bill No. _.. following amendments: 1. 2. 3. <pc>srwz924 r M E M O R A N D U M TO: City Council FROM: len Gidley, Director of Planning & Development RE: Zoning Case WZ-92-4/OFFICIAL PROTEST DATE: June 3, 1992 Sta££ has reviewed the official protest submitted by Silver Trust, owner of property located at 3720 Yukon Court, and find that it complies with the 20% adjacency requirement. A copy o£ the protest form and letter is attached for your information. GEG:slw 7500 WEST-29TH AV ENU E The CITY Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge RAY J. WINGER, JR., MAYOR JAM ES O. MALONE WANDA SANG CITY TREASURER CITY CLERK COUNCIL MEMBERS July 8, 1992 Distrlct I District III VANCE T. EDWARDS ELISE BROUG HAM RON SELSTAD DON EAFANTI District 11 District IV Mr. Glen Gidley KENT O. DAVIS PHIL EDWARDS Director of Planning and Development ANTHONY N.FLASCO BILL SHANLEY City of Wheat Ridge Wheat Ridge, CO 80034 Dear Glen: As the applicant for the revocation of a Planned Commercial Development, Outline Development Plan for a parcel of property located at the northwest corner of intersection Wadsworth Boulevard and W. 35th Avenue, I request that the application be withdrawn. Given the prospect of certain development activities which may occur on the subject parcel, the revocation of the Outline Development Plan is premature at this particular point. Sincerely, ~~, Ray J. Winger, Mayor RJW:ly ~~ Jr. 4i Rua u4~d Papa HAYES, PHILLIPS & MALONEY, P.C. Attorneys at Law Suite 450, The Market Center 1350 Seventeenth Street Denver, Colorado 80202-1517 (303) 825-6444 Telecopier: (303) 825-1269 John E. Hayes Herbert C. Phillips James S. Maloney CITY OF WHEAT RIDGE MEM_ ORAND_IIM TO: Mayor and City Council FROM: John E. Hayes, City Attorney ~~~ DATE: July 29, 1992 RE: Legal Protest on Zoning at 35th and Wadsworth M. Susan Lombardi Scott W. Smith At the City Council Meeting of July 27, 1992, I was presented with the one page letter from the owners of the property at 3720 Yukon Court, a copy of which is attached hereto. In that letter the property owners indicate the areas of concern which led them to file the legal protest to the City's initiated rezoning on the property at 35th and Wadsworth. Please advise if you wish any other action to be taken in this matter. Mr. John Hayes, Attorney: For the City of Wheatridge, Colorado 80233 As property owners of 3720 Yukon Court, Wheatridge, Colorado, we are willing to negotiate with the City of Wheatridge, Colorado to discontinue the protest and all other opposition towards the 10.4 acres of property to the South of the 3720 Yukon Court property. The request by the owner of the property at 3720 Yukon Court is a 20 foot buffer zone between the property line for 3720 Yukon Court and any building, roadway, path, or sidewalk, and maintained by the property owners other then owners of 3720 Yukon Court. Also a two hour posted limit parking sign in front of the apartment unit at 3720 Yukon Court, Wheatridge, Colorado. The parking to be enforced by the City of Wheatridge, Colorado. This is to provide future protection to the property at 3720 Yukon Court, Wheatridge, Colorado regardless of the property owners in the future. Property Owners i `~~ ~ n i SDO WEST 29TH AVENUE - ._ _ _ - P.o.sox s3a -The City of WHEAT RIDGE. CO 86034.0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Pohce Dept. Fax # 235-2949 Ridge July 30, 1992 Mr. Richard Young, Attorney Brooks Towers, Penthouse South 1020 Fifteenth Street Denver CO 80202 Re: Reconsideration o£ PCD Zoning. Case WZ-92-4/Willis Dear Mr. Young: Inasmuch as your firm filed. an official protest on behalf of - Alvin Sihler regarding the zoning action on the Willis property located at the NW corner o£ Wadsworth Boulevard and West 35th Avenue, I would advise you that the application for reconsideration has been withdrawn by the City of Wheat Ridge. Hence the official protest is moot. Should you have any questions regarding this matter, please feel free to contact me. Sinc / ely yoours, Glen E. Gidley, Dir for Planning & Development cc: John Hayes, City Attorney C~ i~,,,~i„rr„~~~~~