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WZ-94-10
The Cify of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Ridc~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Owner .same Address Location of request Phone Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision e Preliminary Final ^ ** See attached procedural guide for specific requirements. 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 Detailed Description of request fr m 'ts current R-2 desi aticn to R-3A desi ation. The JCHA wool hen constuct two p exes or a to 0 10 units. ii-Q.GLI a~_ -r/~. nuev`nv 2.nv~~;.a,f:.~:,, -h~~nt>s-(~s _-2 .-h.i-~ List all persons and companies who hold an interest in the described real. property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Jefferson County Housing Auth. 1 5 Hol an St., L ewoo - 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 action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his b~hai,£. Signature of Applicant ~,1 Subscribed and sworn to me this ~ day of A st 1994 N tary u is SEAL My commission expires MY( Date. Received Receipt No. Case No. Jefferson County Housing Authority 1445 Holland Street Lakewood, Colorado 80215-4735 303-232-6370 .303-237-0269E"X T.D.D. 1-800-659-2656 August 10, 1994 Ms. Meredith Reckert Planner City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO. 80034 Dear Ms. Reckert: Pursuant to our conversation and according to Wheat Ridge City Code regarding Rezoning, I am requesting that our property located at 10925 West 38th Ave. be rezoned from R-2 to R-3A. We believe that for the following reasons, this change should be approved. 1. We need the change of zoning because we are intending to develop and maintain rental housing that is affordable to the citizens of Wheat Ridge. As the net change in zoning is 4 units (6 units to 10 units) the additional units allows us to offset operating and development costs. 2. The change of zone is compatible with the surrounding area as there are other R-3 zoned sites across the street as well as multifamily units to the north, east, and west of this property. Across the street is open space. We believe that there will be minimal adverse impacts by this change. 3. There will be a direct economic benefit to the community derived by the change in zone as the residents will have rents below the market which will allow them to have more disposable income. There will be a physical and economic benefit to the community as we will be removing a blighted site and improve the overall appearance of that area. 4. We will upgrade and provide infrastructure as necessary to serve the type of uses allowed by the change of zone. 5. The proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic. congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Letter to Ms. Reckert, page 2 6. We believe that in order to offer affordable rental housing in the community, that the current zoning is not sufficient for our needs. 7. The rezoning will not create an isolate or spot zone district unrelated to adjacent areas. 8. There is definitely a void in the current rental market that our project will help to fill. Affordable housing for working families is becoming extremely scarce. We are addressing a need by offering a rental housing site that is not based on the marketplace and offers decent, safe, housing to families in the community that are working in lower paying jobs. If you have any questions regarding this matter, please contact me at your convenience at 232-6370. Sincerely, Alan M. Feinstein Executive Director ,; .. iii . •a1', .. ~,~ ., ~ 25.05 ' :~f. ;a~ x , ,; ~ ~, ~ ~ ^ ~ ,h , ~, ~'t ~ ~ ~1 ~ ~ Q '~ ^~ 0. 5bi ~( ~ t irv i` "~ ~ ~ ~ ~. ' ,. I ~ t~ ~: L e r CERTIFICATE OF SURVEY _ ~ I m LO 3 I I ~ ~ I ~ u~ l za.o` = I ~ i J -'- -~~STORAGE - _-_, ___SHED.- 5'Ed~e~ ~y. LOT 2 (V IN P C~M1f4 ~ ~ .! ~ ~ ~ ~ ~ ;yr_~ `il t 25.05' ^, _.,-~ ~5`ER "LOT I, ~Q~ t ~- - _ 1 I 7~'S -o I t~ N (~ V1 ~ N ~ HOUSE I '` si. :2. I -.~ ~ 35.Z'- - - '_ '1 ernent `~~ I~ 'F I l I ~: ~ I I 5' -J Scale : I^^= 40~ I WEST 38TH AVENUE } NOTES' With a marked cap set at point shown thus: 5/8-inch ~ iron pin DESCRIPTIONS, ,~:,~... Lots 'l. 2 and 3, Haas Subdivision, Wheat Ridge, Colorado. ^ CERTIFICATION: ~ ~ I certify that the above drawing is a correct delineation of the survey made under ~ my supervision and completed on June 30, 1970. ~ ~. PREPARED BY ~- REGISTERED LAND SURVEI'OR ` f. LANE ENGINEERING SERVICE ~ 'Certificate No.' H I17-2-I - LAKEYJOOD, COLORADO ' RECEPTION N0. 82566 RECORDED IN COUNTY OF JEFFERSOfV xecepnon rvo. .. So „~ c o\ n ~~ m v ~ rv r0 t/7 ~ 6 -~. ~~ U~ t k Personal Representative of the Estate of Edna Dugan ,Deceased S.OO STATE OF COLORADO 5/g5/94 11:25 Y PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Patricia M. Herbert as Personal Representative of the Estate of Edna Dugan _ _ - -- deceased, Grantor, to Housin¢ Authority of the County of _ Jefferson A Body Politic and Corporate _, Grantee, whose legal address is of the *Countypf Jeffers-on ,State of WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated May 31 , 19 88 - - .which Will was duly admitted to (,~q~i~ly(informal)** probate on June 17 ,_19~~,bythe District Court in and for the _Countyof Jefferson ,State of Colorado,Prob_ateNo. 93PR 594 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on June 1 7 , , l9 ~'_ ,and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee Jryf jhj43f }~e~ti~4yC~ f (for and in consideration of crvmv Ti'T f:AT TH(l7iSAND anr3 00100'•'°~~~#if 3E a6;. ><~~>e tt st sE ~F~~ae#F#x~t'.t t<~fjollazs)** (rXs~t}f~~efs6~,~r}4yll~cYjh~cyf~f;(l~j5g41/g4•~tlfe/p4~F)b~tyi fn~t~l~i(I~o~Se~gal5~l9fi~c~}Niil~j** the following described real property situate in the County of Ta f F ar a n n ,State of Colorado: Lots 1, 2, and 3, Haas SubdivisiozA, County of Jefferson, State of Colorado_-__ also known by street and number as 10925 West 38th Avenue, Wheat Ridge, Colorado 80033. With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year l9~~-,and subject to reservations and rights of way of record, if any. As used herein, the singular includes the plural and the plural the-]singular. ~~ p ~ Executed -April } 4 , 19.2. a ' "°~'~"`'~O'-' ~ ~ ' r- `~ - _-- • Patricia M. Hertiert STATE OF COLORADO 1 ss. City and COUNTY OF Denver J The foregoing instrument was acknowledged before me this ) y ~ day of Air i 1 , 19 , 9 ~ - by Patri -a M. Herbert _ _ as Personal Representative of the Estate of Edna D man _ Deceased.. _ _ - Witness my hand and official seal. My commission expires: -_ ~ ` S' " `f ~ _ 9fiu Dcavu,insert "City aod" ` °n"p"C"b"~°/'q~'~;•}"••"°•n~~"~p'~+"f~w•• ••BtriW:mrequired I'r'II-LVIw Il. li/~lYiJi-~ v NOTAR'f PUBLIC ~~ ~^ " ~' '+~ _ x ' ~. ItCV. I1-92. PERSONAL, RF.1'RF,SE;VTAIIVF.'S DEEU Qestate) - ((i (2' t. s}~ y ¢~ g~~i~ e2dfor3 Publishing, 7747 Wamc SL, Ucr.~cr, C0 80202- (703) 292-2500- 7-93 . _ _ a .. _ - _ - - Cnpyrighl 187 ~' R-I - _' APPLESrl0 ~ w 3~ rt _ ~.ot~` i„ „ - ~ ' V , A-I _ 5 a Q R ~- I u 391X A~.e Ej ~ i '.~ = ~I ' ` ;I _. ~o IQ i ! ~ N~ ~ ~- w 3ETM 0. >; R s~g~R _..I ~ ~.`iI :8181 .aj ~I nj Rvc1 a58 ~ ~ ^sl -1 bl _ 18I 8. 81~J _ _ 3_ q ______ _ -- "1pTi1 A---______ _ - -_ _ •9 1 ._ I . ~ .•[~~ C.'. .'. ~ 3Tb. 1•, 3- :.., .-~-.- ~ R ~ „•- ••~ ~~ r Q ~ 8 i :i:'.: ~ ,•~ R-+ ~ Y ~ cw 35TH PL jL~.:. -- ~, .i V 8~R 111111 j •1 ~ ~ 1 _ •.1 g 6 1 ~ .."- o B ~ ~•~•~•..•-- w 35TH AVE ~ 1 ~ ~ H . Li - ~4~.: 'r~ • al ,,,~{{ ~ : v, I ° I w .•, ~ •• ' ~`~ PROS, EGT • ~~ f ~ N Vh Y I LLl N ~] 4 sus ~ ~ ~ ~ ~ ,~ 'P ~ ~ w vw nw ~ ~ w sxm nvE S j to ~ ~ ~ o y ~~ k~ s 1 ~ la O B~ I i O ~~ n~~_ a W I 'N m W^"r0 II ~ ~ I~ -~_ ~" ~W 37 $InOQN j Iw ~ I I W xU1 2,n ^W ~~ N ,tn W i 1 ^'> ~~ ~ i 1a °~a 1C I- ~ ~ 1 (Lp~~~ j i ~ i[L ~ ofOa~i --.~.-.~..-~..--.--. -.a~~W9]IA AVE- -~,. .. --..--.. -~ ~~ LAKEi~IOOD Of=f=f GI d'cL ~ ; .i 100-YEAR FLOOD PLAIN ~'1`~J W //~J ZONING M,hi~ ~= =~ IAPPROXIMhTE LOCATION) • • `~ j~j {~ ~ ZONE DISTRICT SOUNDRY ~ WI-I~~T 1~IDG~ -1'ARCEL/LOT SOUNDRY ~~ ®~ a eo w m eao .ae GOLD^~^O r- IDES(GNATES OWNERSt-IIP) ~~~ K L ~;'+• CITY LIMIT LINE ~E ~ ~~ Y 4 z ~~ ?ROPFRTY LING - -- -- -- -- -- -- -- -- -- -- -- -- -- -- ~I I' ~I SET~AGK I i ~- -- .......... ...~.._---- I LINE I _ - ~ II I __ I ; ' I ~..... --. ....~._ F ~ I -"• li I I ~. Im !~ I /-0 Im Im j~ -W, ~! I I 'I ~ i j I I Imo; ~--~!, N ! r ~ I DI I ~_~ - I N I! D -U h.T_ ! _ ---- - II D I I~ A~ A J -- - ...._._ i m 1 0 O ,~ D I m m ~-~ ' ~ I A A ~ ~ .r Ir r im Im m ~ ~ ~ J ~ I I I ~ , ~ ~~ .I I ! ' I ! i I~ ~-. I,~y~ I i n ~ ~ ', ~-" I I ,~ N I ~ im I I ! II 1 ,~--I I ~ ~ ~ , ! ~i 77--~` I I ~r ~• ~ Im sP!acES ~ ~ I I I i I I I I I ' ~ ~ I i I r- ~- I I ~ I ~_ ~ - ~ - ~ I I Ir 1 ' 6` ~ ~ ~ 0 I I~ I II I Ir I I' - , I I; ~ I 1!~ ~/~ i-- LIN I\~\ ~( ~ r, I' I I I fi'ROf'ERTY LINE UJEST 38th AvENUE C, J i ~ ~ SiEET c..1E20 JULY I JSL aENAWS _..P....~Y ..~..... ~ C A H N H OU SES TOW SD - I °~E« MJF ~ - •.....•. _ _ _ _ WEST 38th AVENUE & PARFET STREET WHEAT RIDGE, COLORADO :a<o-v WJH ..:..a~ raosc ARCHITECT • _ -ROBERT E. HERNOON ASSOCIATES INC. ]OS ]9]-1119 9L-012 110 COOK STREET SUITE 201 OEN4£R. COLORADO E0206 7500 WEST 29TH AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat City Admin. Fax#234-5924 Police Dept. Fax#235-2949 Ridge The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from R-2 to R-3A and for a proval of a plann d h~~~d~na aroup plan _ - -- - ;;; at the property described below. Your response to the following questions and any .comments ,on this proposal would be appreciated by ~PptPmhPr 7 ig 4 No response from you by this date will constitute no objections or concerns regarding this proposal. August 22, 1994 CASE NO: WZ-94-10/Jefferson County Housing Authority LOCATION: 10925-West 38th Avenue REQUESTED ACTION: Rezoning from R-2 to R-3A and for approval of a planned building group plan PURP-OSE: Construction of two fiveplexes APPROXIMATE AREA: .72 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES „ NO if-"NO",,please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO-_ - If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO I£ "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply toa~~C(~-~,~~~6GGfLf~~ M Reckert ~ Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridg~ XX Fire District (Wheat Ridge Adjacent City ( ~ XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. XXJefferson Co. Schools Jefferson Co. Commissioners Denver Water Board XXW R Post Office XXW R Police Dept. XXW R Public Works Dept. XXW R parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ~~ x~, „~n,i r~no-, • MEMORANDUM s Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ~, r DATE: August 23, 1994 SIIBJECT: WZ-94-10/Jefferson County Housing Authority 10925 West 38th Avenue The Public Works Department has reviewed the site plan for the above reference project, and has the following comments: 1. We will need a drainage study. 2. We will need construction drawings for those public improvements to be constructed in West 38th Avenue and Parfet Street. 3. We will need an erosion control plan. 4. Traffic review is pending until detailed construction drawings are submitted for the project. GWK cc: Glen Gidley, Planning & Development Director Steve Nguyen, Traffic Engineer File Public Service® Public Sarvlce Company of Colorado 2701 W. 7th Avenue Denver, CO 80204-4174 September 13, 1994 The City of Wheat Ridge 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company acknowledges receipt of 10925 Wes_t_ 38th Avenue #WZ-94-10 Project Title We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter, please contact me on 571-,3735. ~% 2~~~ Teresa Wilson TW:lm 6 ~1TY OE'NHEAT R1DGE ~~~':~ ~. 1994 ~~ r~~~N~ ~ ~~to~~Enr • August 30, 1994. ~tfi'4S 1a~ '~ ,4 ~r L• ~ ~ ~ )U( ~dAf~lVIN~ & ~~1'~.QPR$EN~r Ms. Meredith Reckert Department of Planning and Development . City of Wheat Ridge 7500.-West 29th Avenue Wheat Ridge, Colorado 80215 Re: -City of Wheat .Ridge Case Nu:elber v7Z-S~~-10, iG925 West 38th Avenue, proposed rezoning from R-2 to R-3A for construction of two five-plexes Dear Ms. Reckert: This will acknowledge receipt of -your correspondence dated August 22, 1994 regarding-the above referenced project. Please be advised -that the above referenced property is :n an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with the Denver Water-Board.. Our records .indicate .that the 38th .Avenue- has previously received through a 5/8-inch meter (CMWCo B-2003817). Domestic water service m property subject to compliance with and requirements for such service as policies .as established by the Denver property addressed as 10925 West domestic water -from the Company Tap Number 932/Account .Number iy continue to be provided to this the Company's rules, regulations well as the water tap allocation Water. Board. The Company requires that a new application for water service be completed. by the owner and returned to the Company at the time there is a change in -,:sue -'The Co:apany considers a remodel-or building addition as a "change of•use". The .Company's rules, regulat-ions and requirements further require that- each separate .structure be served by a, separate .tap and meter;-and in order to receive domestic water service, 'the property must also front a Company main. If the future planned use of this property is within any of. the above categories, the owner, engineer or architect should contact this office as soon as possible so that we-may determine what water system .improvements will be needed to-serve this property s' - - THE CONSOLIDATED MUTUAL WATER COMPANY -. -. - -.~. 12700 West Jdi Avenue •- 1'.O. Box 150068 Lakewood, CotorAdo SONS - Tekphone 238-Od51 Fax ?3'-5560 Ms. .Meredith Reckert City of Wheat Ridge August 30, 1994 Page 2 . _. Fire protection requirements should be obtained from the Wheat Ridge Fire Protection District and those requirements forwarded to this office by the fire protection district at the earliest-possible time. We can then determine if additional system improvements would be required to meet the demands set-forth by the Fire Protection District. If you have .any questions or' comments correspondence, please contact this office. MEQ:jl Sincerely, Water Distr regarding this Manager cc: Jefferson County Housing Authority,Applicant Dave Roberts, Wheat Fire Protection District Walter Welton, PLS/PE, CMWCo-President John Allen, CMWCo Engineer Donna Strong, CMWCo Engineering/Distribution Clerk 7500 WEST 29TH AVENUE _ - P.O.BOX 638 WHEAT RIDGE. CO 80034-0638 City Admin. Fax # 2345924 August 22, 1994 ~:ITY OF WHEAT RIDGE/~( ~~~' ' O _..2.~[]Il. SAP 12 1994 ~ The City of ° ~1Vheat P,r~~€e~€lur Ridge The Wheat Ridge Department of Community Development has received a.request for approval of a rezoning from R--2 to R-3A and for approval of-a planned bnildina croup clan ' at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by saptemhPr 7, 994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-10/Jefferson County Housing Authority LOCATION: 10925 West 38th Avenue REQUESTED ACTION: Rezoning from R-2 to R-3A and for approval of _a planned building group plan PURPOSE: Construction of two fiveplexes APPROXIMATE AREA: .72 acre 1. Are public facilities or services-provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are se ice-lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your r les and regulations? YES NO If "NO", please explain beloir. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~~~ Please-reply to:ii~~-P~~ M. Reckert ~ Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridg~ XX Fire-District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. o£ Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. XXJef£erson Co. Schools Jefferson Co. Commissioners Denver Water Board XXW R Post Office XXW R Police Dept. XXW R Public Works Dept. XXW R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ~, x;. ,.~„~~~., 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0636 -- (303)234-5900- City Admin. Fax # 234-5924 August 22, 1994 Folica Dept. Fax # 235-2949 The City of ~1Vheat Ridge The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from R_-2 to R-3A and for approval of a a~ ~uti ~ivYCii.y ueac.:LlUec1 oelOW. Your response to the following questions and any .comments ,on this proposal would be appreciated by SPptPmhPr 7, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-10/Jefferson County Housing Authority LOCATION: 10925 West 38th Avenue REQUESTED ACTION: Rezoning from R-2 to R-3A and for approval of a planned building group plan PURPOSE: Construction of two fiveplexes- APPROXIMATE AREA: .72 acre 1. Are public facilities or services provided by your agency adequate to serve th~iS development? 'YES / NO If "NO", please explain below. 2. Are service lines available to the development? YES / NO If "NO",.please explain below. 3. Do you have adequate capacities to service the development? YES / NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rule and regulations? YES ~NO If '!NO",.please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~Jp,2. Please DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridg~_ XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey -- Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado reply to:i i~G~~~~6i~%!~ M. Reckert U 1~~7 ~" Department of Planning & Development Jefferson Co. Health Dept. XXJefferson Co. Schools Jefferson Co. Commissioners Denver Water Board XXW R Post Office XXW R Police Dept. XXW R Public Works Dept. XXW R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform v ~;,~~,,,.,,~~,,,,, CITY f?F YVHEAF E~IQGE 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 City Admin. Fax k 234-5924 Police August 22, 1994 ~~~ ~~ i9 he City of (30 4- 0 94 heat INING & DEVEI-OPMENi, ldge The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from R-2 to R-3A and-for a proval of a D1 ann P_d htl i 1 c3 t nci crrniin n1 an ti`h u ~~ ~~ at the property described below. Your response to the following questions and any .comments .on this proposal would be appreciated by GPOtPmhPr 7, ~99a No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-ZO/Jefferson Coi:nty Housing Authority LOCATION: 10925 West 38th Avenue REQUESTED ACTION: Rezoning from R-2 to R-3A and for approval o£ a planned building group plan PURPOSE: Construction of two fiveplexes APPROXIMATE AREA: .72 acre 1. 2. (r ~L 3. a `Y ~" 'il 4 . serve this development? YES_~ NO If "NO", please explain below. Are public facilities or services provided by your agency adequate to Are service lines available to the development? 5 @rv~c@ III e S a-Y"e YES NO If_ "NO", please explain below. -l-f1e r StIO~It~ o~. 'I'QA.e Pro trsnrx Gf'. Do you a adequate capacities to service the development? YES NO If "NO", please explain below. Can and wi 1 your agency service this proposed development subject to your ru and regulations? YES NQ if "NO", please explain below. 5. Are there any concerns or problems your agency has identified which wou~jd or sh[9puld a£7'fe)~ct apprPQva o this request? ~L(.fif2 19k`1/ft/T N'7UST /7 lyO+.vt tGy"/IC'~ / HC OrtLCt Ct~-iZy~j.Q.~,,~'ftYYt ~d {'~++~ u:~ilee !rs ~.t~ e!r' fhCn' vs~L~ or. unc~.~cuteerrl a~r~+e»i{.sy'F'. Please reply to: ~'Gli~-C~ M Reckert ~ Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual ~ Sanitation District (Westridg~ XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Col=orado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. XXJefferson Co. Schools Jefferson Co. Commissioners Denver Water Board XXW R Post Office XXW R Police. Dept. XXW R Public Works Dept. XXW R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ca a., ,. ,,,i r„o., 7500 WEST-29TH AVENUE ~ The City Ot P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 -- (303) 234-5900 ~ ~ heat City Admin. Fax # 234-5924 Police Dept. Fax # 235.2949 Ridge August 22, 1994 The Wheat Ridge Department of Community Development has received a request for approval of a rezoninca from R-2 to R-3A and for approval of a .pi ,---^a ~-^~~d~ng_aroup plan at the property described below. Your response to the,follow~ng questions and any oomments,on this proposal would be appreciated by GpptPmbPr 7, 1g94 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-10/Jefferson County Housing Authority LOCATION: 10925 West 38th Avenue REQUESTED ACTION: Rezoning from R-2 to R-3A and for approval of a planned building group plan PURPOSE: Construction of two fiveplexes APPROXIMATE AREA: .72 acre 1. Are public facilities or servfces provided by your agency adequate to serve-this development? YES / NO If "NO", please explain below. 2. Are service lines available to the development? YES / NO I£ "NO", please explain below. 3. Do you have adequate capacities to service the development? YES / NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your ru7:es and regulations? YES ./ NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~,,,t i4„e~ /re ~Q~i-FHrsal Cm,, t t fNs ~G.~-fi .vn'c! ho a~/eau~ ~s >~ vre.~r~ 3vl~r, ~ ~~ ~ - ®~ Please reply to• /~-e~Z1~l~~/~ M Reckert /~~' ~ Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridg~ XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. XXJe£ferson Co. Sohools Jefferson Co. Commissioners Denver Water Board XXW R Post Office XXW R Police Dept. XXW R Public Works Dept. XXW R Parks & Recreation Com. W R Forestry Div. W R Building Div. Cpc>referralform -_ in no, ,, w~d r„i~, l ' ~i • CASEXHIBW q~-10 n ~~ D O jw~' ~O~~D C CITY OF WHEAT RIDGE Parks and Recreation Commission Meeting September 7, 1994 The meeting was called to order at 7:30 p.m. by Chairman, Janice Thompson. Commissioners present: Emery Dorsey, William Donaldson, Bonnie Jackson, Edgar Johnson, Beverly Phillips, and Janice Thompson. Staff present: Gary Wardle; Director, Joyce Manwaring, Recreation Superintendent and Karen Scott, Secretary. DETERMINATION OF QUORUM With 5 Commissioners present a quorum was established. APPROVAL OF MINUTES Motion_ by Beverly Phillips the minutes of August 3, 1994 be approved as submitted. Seconded by Bonnie Jackson and approved. 5-0 (Emery, Dorsey arrived after the Motion on Wheat Ridge Park Renaming). INTRODUCTION OF GUESTS Bob Olsen; Chronicle, Ross Phillips & David Bomhoff, Wheat Ridge Soccer Board. ITEMS 4 5 6 & 7 WERE DISCUSSED OUT OF AGENDA ORDER ITEM 5 - WHEAT RIDGE_ PARK RENAMING The City Council has referred to the Parks and. Recreation Commission the name "Albert E. / Anderson Park" in honor of the first Mayor of Wheat Ridge to l ,rename Wheat Ridge Park. Gary had a phone conversation with Mr. Anderson and asked him to submit a response in writing. There was no written response from Mr. Anderson by meeting time. Motion by Janice Thompson to table this item until we received a written response from Mr. Anderson before considering this change. Seconded by Bill Donaldson. Passed 5-0. ITEM 7 - ZONING CHANGE FOR 38TH & PARFET Jeff co Housing Authority is requesting a zoning change from R2 to R3A. There is no subdivision with the request so it does not involve the $75 per unit. The development will be subsidized housing and proposes to build two (2) 5 plex buildings. After discussion the Park Commissioners felt the following should be addressed. 1) The defined play area for the number of units seems small. 2) The supervision of the play area is not convenient from the buildings back doors. (Safety issue). 3) The only access to .the play area is through the parking lot which is not safe. Location is unsafe. q- g - 9 ~ -- _ _ /U~l C'~-l ,~02-~ f ooD ~A~~ ~L !F/-" ~ E,B ~ l/ ~~ ~~ (~la ~ ~~.,ns-~-~. ~ ~ ~ ~ ,,,tip l~ ~~~ ~~ SA~ ~/ JS ~t~~~ilG ,~, ~DD~CS S /4 ~5S l,~ ~ °~I~ ~~~ /09~ GlJo 3~T~ ~. /~,U~i~e~r.~'~ GD - - - - - -- - _ -- -- - -- ~~r4~ _~r-~ ~~{ X33 ___ ~ , y ~~I~~~~~ ~ ~~, ~~~ ~~ ~. %j ~ei-~ 1~2~c~ Ios35 ~,s 3~~^ - Pt I ~ ~-r ~o Pi erg ~ GO 2 X033 - --- -- ~ i ~-~ -~y ~. Gv .~-e _~ _- 3 ~ ~~ G~ G~~ ~~ -~- ~~- ~ t-~- - - ~ ~~~ ~e~ ~ -- -~ ~~- ~- ~,„~ ~i ~~~Qu -~ -~ ~~ ~,,~L / ~ 7 ~~l Owl _ GCi - -- iG~Ci ° - - _ _ _ - ~2/ ~ ~ ~ ~- -- .- • l~~~ `~o ~ ~v~ ~.`~~ ~~ ~~/~ ~ ,~~ NOTICE OF PIIBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the. City of Wheat Ridge Planning Commission on December 15,1994 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. WZ-94-16: An application by Steve Casement for Lee Kunz for approval of a Planned Commercial Development combined outline and final development plan for property located at 4140 Youngfield Street. Said property is legally described as follows: Lot 3, Youngfield Plaza Phase II, City of Wheat Ridge, County of Jefferson, State of Colorado 2. Case No. WZ-94-10: An application by the Jefferson County Housing Authority-for approval of a rezoning from Residential-Two to Residential-Two A for property located at 10925 West 38th Avenue. Said property is legally described as follows: Lots 1, 2, and 3, Haas Subdivision, County of Jefferson, State of Colorado ~ r San ra Wiggins, S' c tary ATTEST: Wanda Sang, City Clerk To be Published: December 1, 1994 Jefferson Sentinel C:\WP60\Pc\121594.phn % -sao wEST 29TH AvEt`:.=_ The Crt of ?.O. BOX 00"36 - Y WHEAT gIDGE. CO °0C3=~=o 9 13031234-5960 cWheat City Admin. Fax a 234-592= Police Dept. Fax « 235.2949 ~Rldge POSTING CERTIFICATION 6 CASE N0. WZ9410 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADNSTMENT (Circle One) HEARING DATE: November 15, 1994 1, Alan M. Feinstein (name) residing at Westminster, CO fa d d r e s s) as the applicant for Case No: WZ9410 that I have posted the Notice of Public Hearing at hereby certify 1995 W 3£ith Ave Wheat Ridee CO (1 o c a t i o n) on this 30th day of Novemher 19 ~4 and do hereby certify that said sign has been, posted and remained in place for fifteen (IS) days prior to and including the scheduled day of public hearing of this case.. The sign was posted in the position shown on the map below. Signature: /°/ NOTE: This form must be submitted at the public hearing on this case.. and will be placed in the applicant's case file at the Department of Planning and Development. -560 WEST 29TH P.VEN',;E =.o. sox s3s The City or .HEAT RICvE. CO SCC3=-ic"3S ..3031 23a-590Q GWheat 7;y Aamm, Fax c 234-592- °oiica Dept. Fax a 235-29-9 Ridge November 30, 1994 This is to inform you that Case No. w~_ga_ln which is a request for approval of a rezonin from R-2 to R-2A for the construction of two tri-plexes for property located at 1092-5 West 38th Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at -7•~n p_m_ on nP Pm r l 1 4 All owners and/or their legal counsel' o£ the parcel under consideration mu be present at this hearing before the .Planning f'nmmiaainn As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' u i;, ., r.„~„ Dear Adjacent Property Owner: . If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the and regulations and the process will remain impartial regarding meeting to discuss City policy involved, however, the planner viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. it could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. if you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. 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I ~ ~ a N rt m .~ N I oo aaM~ rx ~ LL ! oN ° o ~ ~o € n~ I 6 vi¢ U F M ~ /////y/~(}J~/ 0 0 OdN a 0 c~ ~ ~ ~~ o ~ ~ ~~ U I"'~ ~ m W ~~ ~_ a3 Q = _U ~ U =h ltl a3H~LL5 3~Vld urrviaodwi J a 0 W • LL _ CC W U o `~ a M W U O IJJ € c4 W .w ~ i ~ ~ V ~1~4~U rQ-i +! Itl ~ @F I ,,~.-~~ [A ~K~~s ~ o° j .'1 eel ~}~ ~~g~g~~ ~ tA[syy! y~ ~FYM~,3 W O a 'CL2 2h'~ BZ6 d. E ~n CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 75, 1994 DATE PREPARED: December 6, 1994 CASE NO. & NAME: WZ-9410/Jefferson County Housing Authority CASE MANAGER: t~Reckert ACTION REQUESTED: Rezoning from R-2 to R-2A LOCATION OF REQUEST: 10925 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Jefferson County Housing Authority 6025 West 38th Avenue, Wheat Ridge NAME & ADDRESS OF OWNER(S): Same. APPROXIMATE AREA: .72 acre PRESENT ZONING: Residential-Two PRESENT LAND USE: Vacant, single family SURROUNDING ZONING: N. E. W: R-2; S: R-C SURROUNDING LAND USE: N W: low density residential; E: semi-public; S: park land COMPREHENSIVE PLAN FOR THE AREA: Medium density residential DATE PUBLISHED: December 1, 1994 DATE POSTED: December 1, 1994 DATED LEGAL NOTICES SENT: December 1, 1994 AGENCY CHECKLIST: (XX) RELATED CORRESPONDENCE: (XX) ENTER INTO RECORD: (XX} COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ()OTHER ( )NOT REQUIRED ()NONE (XX) CASE FILE & PACKET MATERIALS (XX) SLIDES (XX) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WZ-94-10/JeffCo Housing Authority REQUEST The applicant requests approval of a rezoning from Residential-Two to Residential-Two A for land addressed as 10925 West 38th Avenue. The property is located at the northeast corner of West 38th Avenue and Parfet Street and measures roughly 224 feet by 139 feet. With the current zoning, the property could accommodate four units (one duplex lot and two single-family lots or two duplexes). Although the property could accommodate seven units with the R-2A zoning, aself-imposed limitation will be placed restricting development to two 4riplexes. Staff would note that the applicant's original request was for R-3A zoning developed into two five-plexes. The request was amended to R-2A as a result of comments received at the neighborhood meeting. A conceptual site plan will be presented to Planning Commission a4 the public hearing. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on September 8, 1994 based upon the original proposed rezoning to R-3A. Those in attendance included the following: Meredith Reckert (staff) Alan Feinstein (applicant) Mary Follenweider (applicant's consultant) Cliff Gebow -10855 West 39th Avenue Dan Ladd -Wheat Ridge Fire District Paula Bernard-Davis - 3815 Parfet Street Leslie Davis - 3815 Parfet Street Greg, Jarvis - 10955 West 38th Place Melissa Middaugh - 3880 Pierson Street Ida Tyler - 10895 West 38th Avenue Daryl Sage - 3944 Parfet Street Bob Snyder - 3885 Pierson Street Sherle Mann - 10835 West 38th Place Ron Mann - 10835 West 38th Place Lisa Hubor - 3900 Pierson Street Louise Turner - 11256 West 38th Avenue Rick Szmajter - 10875 West 38th Place Rich Price - 3965 Parfet Street The applicant explained the housing product proposed and the concept behind "affordable rentals" as opposed to typical subsidized housing. Concern was expressed by the neighbors regarding the type of tenants allowed and possibility of crime and code enforcement problems increasing in the area as a result of the development. Many of the area residents felt the ten units proposed was too dense as there are already too many high- i Planning Division Staff Report Page 3 Case No. WZ-94-10/JeffCo Housing Authority density projects in the area. Traffic generation was a concern since Parfet Street is a major school route to Prospect Valley Elementary. One story units would be preferable to two or three story units. The applicant has scaled down the project from R-3A with two five-plexes to R-2A with two triplexes as a result of the neighborhood meeting. 111. CRITERIA _ CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area The Comprehensive Plan designates desirable land use for this property as medium density residential which is defined as allowing 8 to 14 units per acre. The proposed density of 8.6 units per acre (with 6 units) is consistent with the medium density designation. 2. That the proposed change of zone is compatible wine the grounding area and there will be minimal adverse impacts considering ffee benefits to be derived. Adjacent zoning surrounding the property include a satellite fire station with R-3 zoning to the east and City-owned park land with R-C zoning to the south. To the northeast are R-3 zoned single family lots subdivided into lots ranging in size from 6500-6800 square feet with a density of roughly 6.6 units per acre. a multifamily, high density apartment occupies the SW corner of West 38th Avenue and Parfet. Abutting the property to the west are R-2 zoned lots with duplexes with a density of 7.3 units per acre. R-2 zoned duplexes on 10,800 square foot lots with a density of 8 units per acre abut the property to the immediate north. The proposed R-2A zoning and density of 8.6 units per acre is compatible with adjacent zoning and land use. 3. That there will be social, recreational, physical and/or economic bereefds to the community derived by the change off zone. There will be social benefits to the community if the rezoning is approved as housing at affordable rates will be created. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities and City departments can provide service to the property with appropriate upgrades. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Planning Division Staff Report Page 4 Case No. WZ-94-10/JeffCo Housing Authority The rezoning will increase traffic to and from the site by only 60 cars ..per day. Drainage will have to follow historic flows. Two triplexes should not substantially affect the amount of light and air to adjacent properties any more than if developed under the existing zoning. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned into two duplexes or one duplex and two single-family homes. The rezoning makes the project more economically feasible to the developer. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. If the proposed is approved, it would not constitute spot zoning. 8. Thal tliere is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available aNematives. There is a definite void in the area for affordable family rentals, Staff concludes that the criteria support approval of the request. IV. AGENCY REFERRALS All agencies can provide service to the property. Westridge Sanitation District will require installation of service lines at the expense of the developer. Parks and Recreation Commission reviewed this request as two proposed five-plexes. They felt the playground shown on the original plan was not sufficient in size or safe. See attached. Their concerns would be the same for the revised plan. Public Works will require a drainage plan and report prior to the issuance of a building permit. They will require the installation of curb, gutter and sidewalk along Parfet. An escrow of funds will be required for future improvements on West 38th Avenue. V. CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the R-2A zoning and resultant two triplexes will be consistent with the medium density Comprehensive Plan designation and will be compatible with adjacent zoning and'land use. Since the evaluation criteria support this request, a recommendation of Approval is given with the condition that no more than six units in two triplexes be built on the property. VI. RECOMMENDED MOTIONS OPTION A: "I move that Case No. W-94-10, a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be Approved for the following reasons: 1. It is consistent. with the Comprehensive Plan. 2. It is compatible with adjacent zoning and land use. Planning Division Staff Report Case No. WZ-94-10JJeffCo Housing Authority 3. The evaluation criteria supports approval. With the following conditions: Development be restricted to two triplexes." Page 5 OPTION B: 'I move that Case No. W-9410, a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be Denied for the following reasons: 1. 2. 3. ". c:\wp60~pc~wz9410.s r PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-94-10 DATE: December 15, 1994 REQUEST: An application by the Jefferson County Housing Authority for approval of a rezoning from Residential-Two to Residential-Two A for property located at 10925 West 38th Avenue. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED ~ ~ ~( S~r~ ~~~y P~~f vas-~r ~fi ~ f Case No. WZ-94-10 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Can serve. Schools: No response. Water: (Consolidated Mutual) Can serve. Sewer: (Westridge) Service lines are the responsibility of the developer. U S West: No response. Public Service Company: Can serve. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: CITY DEPARTMENTS Public Works: Will require a drainage plan and report prior to the issuance of a building permit. Curb, gutter and sidewalk will be required along Parfet Street. Funds in escrow will be required for improvements along West 38th Avenue. Parks and Recreation: See attached Exhibit 'A'. Police: Can serve. Building Inspection: agrefsum.frm Planning Commission Minutes ( December 15, 1994 Page 3 Mr. Casement answered that the Parks and Recreation Director had requested natural-looking landscaping be planted to blend with the greenbelt. Commissioner LANGDON asked if two motions were necessary. Ms. Reckert_stated she recommended that_two separate motions be made; one for the outline..plan amendment and another for the development plan. -- Commissioner OWENS moved that Case No. WZ-94-16, a request that the Youngfield Plaza Phase II Outline Development Plan be amended to allow recreational vehicle sales be approved .for the following. reason: _ - - 1. As proposed on the development plan, it would not be inconsistent with development in the area. With the following conditions: 1. This apply to Lot 4 of Youngfield .Plaza Phase II only. 2. No other types of vehicle sales be allowed. 3. No recreational vehicle storage be'allowed. Commissioner LANGDON seconded the. motion. Motion carried 7-0, Commissioner OWENS moved that Case No. WZ-94-16, a request for approval of a final development plan at 4140 Youngfield Street, be Approved for the following reason: 1. All minimum requirements of the C-1 zone district have been met. With the following condition: 1. The Parks Department continue working with the applicant on design and construction along the common property line. Commissioner JOHNSON seconded the motion. Motion carried 7-0. 2. Case No. WZ-94-10: An application by the Jefferson County Housing Authority for approval of a rezoning from Residential-Two to Residential-Two A for property located at 10925 West 38th Avenue. Meredith Reckert_presented the staff report. Entered into the record and accepted by the Chairperson, was the Comprehensive Plan, Zoning Ordinance, case file, ~:.;_;;e~ materia'_s end eshibits 1Q0 (7~~u E~'~1OIiS "vTL Y"c aSheCi a'.: t!1a~ L .:ile. Planning Commission Minutes Page 4 ~ December 15, 1994 Mr. Gidley informed those present that the Wheat Ridge Fire Protection Board (the property owner to the east) had concerns about the loss of tax revenue and requested that architectural elements (such as brick) comparable to those in the neighborhood be utilized. Alan Feinstein, 7770 West 110th Avenue, Westminster was sworn in. Mr. Feinstein stated he was the Executive Director of the Jefferson'County Housing Authority. He introduced others with him. Mr. Feinstein gave background information about JCHA. He stated he felt the property would be upgraded and that affordable housing is needed in this area. . Commissioner RASPLICKA asked how much below normal would the proposed units rent for? Mr. Feinstein answered they would probably rent for about $550 to $600 per month far a three-bedroom unit. He estimated that would be $200 to $300 below market. Commissioner LANGDON was concerned that the .project could lessen the value of homes in the area. Mr. Feinstein stated it was their. intent to .upgrade the area. He added he thought the homes in the area had not been negatively affected..-They receive very few complaints concerning the maintenance of their various properties.. Commissioner Williams asked if the City would benefit from this development in tax revenue? Mr. Feinstein stated that profits go back into the property developed in upgrades. He thought benefits to the City would come from citizens who take. advantage of the affordable housing. Commissioner RASPLICKA asked what would happen if renters don't properly care,for the property or_get behind in cents? Mr. Feinstein stated that eviction proceedings would be initiated. The Housing Authority would have the.. same rights as any other landlord or property manager. Mr. Gidley reminded Commission of the importance for them to adhere to the evaluation criteria when considering this case. The question is "Is R-2A zoning appropriate for this location?" Commissioner RASPLICIZA stated he understood that. n: r•-_~'_~lenweider, 110 Cook_ Street, Denver was sw._.r~; _..i. ,:.. Follenweider stated she was the project_architect. S'r.•.2 stated she had attempted to give th.= project a "residential look". .She Planning Commission Minutes Page 5 December 15, 1994 explained.- A privacy fence was planned-at the edge of the property along the east. and north. She elaborated. There were no questions at that time. Daryl Saae, 3944 Parfet Street, was sworn in. Mr. Sage was concerned .that traffic would increase substantially at the. intersection of ,West 38th Avenue and Parfet with this proposed development. He added that it is a major walk route for children attending Prospect Valley Elementary School.- Mr. Sage felt there was too much high-density housing in the area and he opposed.-the rezoning. Rick Szmajter, 10875 West 38th Place, was sworn in. Mr. Szmajter told of his concern about the proposed two-story units. He felt this development would obstruct his view. Mr. Gidley stated that two or three-story residences are allowed in the neighborhood. Mr. Szmajter spoke about the input meeting and alternative .plans that were discussed at that time. He elaborated. Ms. Reckert stated that. there is_not adequate land area to build three duplexes. With the existing zoning, she added, a duplex and--two single units, or four units total, would be allowed. Commissioner LANGDON asked if the City had any guaranty of the type of housing that would be built, should the rezoning pass. ~_ Mr. Gidley reminded Commission that the matter before them was rezoning to R-2A. A specific site plan is not being considered. He elaborated. Commissioner LANGDON asked about the .Parks and Recreation Commission request. Ms. Reckert stated that request b}- Parks_and Recreation Commission was somewhat out of the ordinary. Normally, she added,- they don't make recommendations regarding design issues on rezoning requests. Commissioner ECKHARDT commented about the concern of the Fire District regarding loss of tax revenue on th_e subject property. He asked Mr. Feinstein if consideration had been given to the use,- of brick exteriors.- Ms. Follenweider answered that brick could b_ used as an accent, however, it would not 1-~e cosc ef~~ctive to build. brick structures.. Planning Commission Minutes Page 6 j ~ December 15, 1994 _ - -- - _ Chairperson ECKHARDT asked if there were further questions or- comments. There were none. Commissioner RASPLICKA moved that Case No. WZ-94-10, a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be Approved for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. It is compatible with adjacent zoning and land use. 3. The evaluation criteria supports approval. With the following condition: -- 1. Development be restricted to two triplexes. Commissioner JOHNSON seconded the motion. Commissioner OWENS stated he preferred. to tie the rezoning _ somehow to the Housing Authority. Chairperson ECKHARDT stated that the zoning would go along with the-land, regardless of ownership. Motion carried 7-0. ' _ __ 8. CLOSE THE PIIBLIC HEARING A brief recess was called by the Chairperson at 8:30 p.m. Meeting reconvened at 8:39 p.m. 9. OLD BIISINESS A. Commissioner LANGDON stated that he had received a phone call f-rom a resident regarding the parking of recreational-vehicles. He elaborated. Mr. Gidley stated that the issue was between two property owners and it would be wise not to become involved. He reminded Commission that City Council had opted not to change the rules regarding RVs. 10. NEW BIISINE5S A. Presentation by DRCOG, "Metro Vision 2020" DRCOG representatives, Larry Mugler and Janet Leo were introduced. They presented a slide show which explained the above :l~r. Chairperson ECKHARDT urged commission members to fill out and ~-etr:-~cn +:'.~._. s~Lrveys provided `: ~ DRCOG. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-94-10 LOCATION: 10925 West 384h Avenue APPLICANT(S) NAME: Jefferson County Housing Authority OWNER(S) NAME: Same. REQUEST: Approval of a rezoning from R-2 to R-2A APPROXIMATE AREA: .72 acre WHEREAS, the City of Wtieat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner RASPLICKA, seconded by Commissioner JOHNSON, that Case No. WZ-94-10, an application by Jefferson County Housing Authority for approval of rezoning of property located at t 0925 West 38th Avenue from R-2 to R-2A, be Approved for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. It is compatible with adjacent zoning and land use. 3. The evaluation criteria supports approval. With the following condition: Development be restricted to two triplexes. VOTE: YES: Eckhardt, Williams, Owens, Rasplicka, Langdon, Crompton and Johnson NO: None. c. 1, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certity that the foregoing Resolution was duly adopted by a 7-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 15th day~aC^December, 1994. ~ , WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION c:`wp60~pc1wz9410.res _~_. ?.C. 3JX o3"0 - !!]Q City o. -_ WHEA-RIDGE. C: ~7~3;-v"a33 .%~"'~'U31 23~.~?:'~ Wheat City Acmin. Pax» 23=-592- Police Dec:. Fax ~ 235-Z?=9 .- -1\1~gPi POSTING CERTIFICATION T7 CASE NO. Ov~ G}~-~Q PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: February 13, 1995 I~ Alan M. Feinstein (n a m e) residing at 7770 W. 110th Avenue, Westminster, CO 80021 (a d d r e s s) as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at 10925 [J. 38th Avenue (1 o c a t i o nl on this 2Til day of January lg 95 ,- and= do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position Signature: ~.I NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. shown on the map below. ------------------------------- --- - - ,~ ~~ I~ ~~ ~ ~, ° I ~ x F ~` I ^I ~' ' I If ~- i D E a ~ ~; <pc>postingc b ~ .:~'~-• < :-:-.~... -.--. rev. 05-19-5 - - ~'." , :•:{ ~i • • ~ -f' ,. ~. I r" -.-.-. R-G _t -500 WEST 29TH AVENUE ?.O. BOX 638 The City of WHEAT RIDGE.-COS0C3--0638 1303)234-5900 cheat Cfy Atlmin. Fax ~ 234-592= °olice Dept. Fax T 235.2949 Ridge January 27, 1995 This is to inform you that Case No. WZ-g~_10 which is a request fOr approval of a rezoning from R- o R-9A for fhP cons ruction of two tri-plex s - for property located at 10925 W s S h AvP na will be heard by the Wheat Ridge City Cou*+c~l in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7:0Q p.m.- on Februarv 13, 1995 All owners and/or their legal counsel of the parcel under consideration m s be present at this hearing before the City o in i1 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. PLANNING DIVISION <pc>phnoticeform v e; ., r~.~ r..»~~. Dear Adjacent Property Owner: if you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose o£ the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project.- All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that-you attend the public hearings. The public hearings you will be attending-are quasi-judicial in nature: Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT ITO: City Council DATE OF MEETING: February 13, 1995 DATE PREPARED: January,130, 1995 CASE NO. & NAME: WZ-9410/Jefferson County Housing Authority CASE MANAGER:rM. Reckert, ACTION REQUESTED: Rezoning from R-2 to R-2A LOCATION OF REQUEST: 10925 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Jefferson County Housing Authority 6025 West 38th Avenue, Wheat Ridge NAME & ADDRESS OF OWNER(S): Same. APPROXIMATE AREA: .72 acre PRESENT ZONING: Residential-Two PRESENT LAND USE: Vacant, single family SURROUNDING ZONING: N. E. W: R-2; S: R-C SURROUNDING LAND USE: N_W: low density residential; E: semi-public; S: park land COMPREHENSIVE PLAN FOR THE AREA: Medium density residential ----------------------------------- DATE PUBLISHED: January 79, 1995 DATE POSTED: January 30, 1995 DATED LEGAL NOTICES SENT: January 27, 1995 AGENCY CHECKLIST: (XX) ()NOT REQUIRED RELATED CORRESPONDENCE: (XX) ()NONE ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX} CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) SLIDES ( )SUBDIVISION REGULATIONS (XX) EXHIBITS ( )OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WZ-94-10/JeffCo Housing Authority REQUEST The applicant requests approval of a rezoning from Residential-Two to Residential-Two A for land addressed as 10925 West 38th Avenue. The property is located at the northeast corner of West 38th Avenue and Parfet Street and measures roughly 224 feet by 139 feet. With the current zoning, the property could accommodate four units (one duplex lot and two single-family lots or two duplexes). Although the property could accommodate seven units with the R-2A zoning, aself-imposed limitation will be placed restricting development to two triplexes. Staff would note that the applicant's original request was for R-3A zoning developed into two five-plexes. The request was amended to R-2A as a result of comments received at the neighborhood meeting. A conceptual site plan will be presented to City Council at the public hearing, however, the site plan is for illustrative purposes only, and not a condition for approval. 11. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on September 8, 1994 based upon the original proposed rezoning to R-3A. Those in attendance included the following: Meredith Reckert (staff) Alan Feinstein (applicant) Mary Follenweider (applicant's consultant) Cliff Gebow -10855 West 39th Avenue Dan Ladd -Wheat Ridge Fire District Paula Bernard-Davis - 3815 Parfet Street Leslie Davis - 3815 Parfet Street Greg Jarvis - 10955 West 38th Place Melissa Middaugh - 3880 Pierson Street Ida Tyler - 10895 West 38th Avenue Daryl Sage - 3944 Parfet Street Bob Snyder - 3885 Pierson Street Sherle Mann - 10835 West 38th Place Ron Mann - 10835 West 38th Place Lisa Hubor - 3900 Pierson Street Louise Turner - 11256 West 38th Avenue Rick Szmajter - 10875 West 38th Place Rich Price - 3965 Parfet Street The applicant explained the housing product proposed and the concept behind "affordable rentals" as opposed to typical subsidized housing. Concern was expressed by the neighbors regarding the type of tenants allowed and possibility of crime and code enforcement problems increasing in the area as a result of the development. Planning Division Staff Report Page 3 Case No. WZ-94-10JJeffCo Housing Authority density projects in the area. Traffic generation was a concern since Parfet Street is a major school route to Prospect Valley Elementary. One story units would be preferable to two or three story units. The applicant has scaled down the project from R-3A with two five-plexes to R-2A with two triplexes as a result of the neighborhood meeting. 111. CRITERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26.6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That the change of zone is in conformance, or will bring the properly into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates desirable land use for this property as medium density residential which is defined as allowing 8 to 74 units per acre. The proposed density of 8.6 units per acre (with 6 units) is consistent with the medium density designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Adjacent zoning surrounding the property include a satellite fire station with R-3 zoning to the east and City-owned park land with R-C zoning to the south. To the northeast are R-3 zoned single family lots subdivided into lots ranging in size from 6500-6800 square feet with a density of roughly 6.6 units per acre. A multifamily, high density apartment occupies the SW corner of West 38th Avenue and Parfet. Abutting the property to the west are R-2 zoned lots with duplexes with a density of 7.3 units per acre. R-2 zoned duplexes on 70,800 square foot lots with a density of 8 units per acre abut the property to the immediate north. The proposed R-2A zoning and density of 8.6 units per acre is compatible with adjacent zoning and land use. 3. That there will he social, recreational, physical andJor economic berrefds to the community derived by the change off zone. There will be social benefits to the community if the rezoning is approved as housing at affordable rates will be created. 4. That adequate infrastructure(facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities and City departments can provide service to the property with appropriate upgrades. 5. That the proposed rezoning will rwt adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Planning Division Staff Report Case No. WZ-9410/JeifCo Housing Authority Page 4 The rezoning will increase traffic to and from the site by only 60 cars per day. Drainage will have to follow historic flows. Two triplexes should not substantially affect the amount of light and air to adjacent properties any more than if developed under the existing zoning. & That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned into two duplexes or one duplex and two single-family homes. The rezoning makes the project more economically feasible to the developer. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas If the proposed is approved, it would not constitute spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at Use location, considering available aftematives. There is a definite void in the area for affordable family rentals. Staff concludes that the criteria support approval of the request. N. .AGENCY REFERRALS All agencies can provide service to the property. Westridge Sanitation District will require installation of service lines at the expense of the developer. Parks and Recreation Commission reviewed this request as two proposed five-plexes. They felt the playground shown on the original plan was not sufficient in size or safe. See attached. Their concerns would be the same for the revised plan. Public Works will require a drainage plan and report prior to the issuance of a building permit. They will require the installation of curb, gutter and sidewalk along Parfet. An escrow of funds will be required for future improvements on West 38th Avenue. V. PLANNING COMMISSION ACTION ,_ _ Planning Commission reviewed this request at a public hearing held on December 15, 1994. A recommendation of approval was made for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. It is compatible with adjacent zoning and land use. 3: The evaluation criteria supports approval. With the following condition: 7. Development be restricted to two triplexes. Planning Division Staf4 Report Case No. WZ-94-10/JeffCo Housing Authority VI. CONCLUSIONS AND RECOMMENDATIONS Page 5 Staff has concluded that the R-2A zoning and resultant two triplexes will be consistent with the medium density Comprehensive Plan designation and will be compatible wkh adjacent zoning and land use. Since the evaluation criteria support this request, a recommendation of Approval is given with the condition that no more than six units in two triplexes be bui14 on the property. VII. RECOMMENDED MOTIONS _ OPTION A: "I move that Council Bill No., . a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be Approved for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. k is compatible with adjacent zoning and land use. 3. The evaluation criteria supports approval. With the following conditions: 7. Development be restricted to two triplexes." OPTION B: '1 move that Council Bill No. , a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be Denied for the following reasons: 1. 2. 3. ". c:`wp60~pc~wz947 O.s r .. ale, CITY COUNCIL MINUTES: February 13, 1995 Page 5 PUBLIC BEARINGS AND ORDINANCES ON SECOND READING Item 3. Council Bill 2 - An Ordinance providing for the approval of rezoning from Residential-Two to Residential-Two-A on land located .at 10925 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (C.as.e No: WZ-94-10)r (Jeffco Housing Authority) Mr. Solano stated that he had originally introduced Council Bill 2, but since that time he has bought property in that neighborhood and wondered if that constituted a conflict of interest. Motion by Mrs. Worth that Mr. Solano be allowed to vote on this item; seconded by Mrs. Behm; carried 6-0 with Mr. Solano abstaining. Council Bill 2 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 989 assigned. Mr. Gidley was sworn in by the Mayor and presented the staff report. Alan Feinstein, Executive Director of Jefferson County Housing Authority, was sworn in by the Mayor. He explained the reasons. for buying this property and their plans to develop it as affordable housing. They had to ask for the rezoning to allow an adequate number of units to keep the rents low. Sworn in by the Mayor and speaking in opposition to the rezoning were: Lisa Buber, 3900 Pierson Street, Bob Snyder, 3885 Pierson Street, Paula Davis, 3815 Parfet. Their concerns included that the proposed change is not compatible with the surrounding area; upkeep of low income housing; no benefits to the community; increase in traffic would negatively impact the safety of children; this would be spot zoning; one 'block away already has low income housing; property could be developed as duplexes by a private developer and still be economical; properties in the area will depreciate. City Clerk, Wanda Sang, read a letter from Ida Tyler, 10895 W. 38th Avenue, into the record, which opposes this rezoning. She also read a legal protest from Paula Davis into the record, which opposes the rezoning. Motion by Mr. Solano that Council Bill 2, a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be denied for the following reason: Section 6. of the Rezoning Criteria does not apply. "6. That the property cannot reasonably be developed under the existing zoning conditions." Seconded by Mr. Edwards. Mr. Edwards stated that Section 5. of the rezoning criteria also doesn't apply. "Section 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties". CITY COUNCIL MINUTES: February 13, 1995 Page 6 Mrs. Worth agrees and also feels Section 8. does not apply. "8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives." There are available alternatives. Mr. Solano amended his motion at the advise of City Attorney to state that the reason for denial is that it is inconsistent with the evaluation criteria. This was accepted by second. Motion carried 7-0. Item 4. Council Bill 3 - An Ordinance providing for the approval of rezoning from Planned Residential Development District to an amended Planned Commercial Development District and approval of a combined outline and final development plan on land located at 4140 Youngfield Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-16) (Tri-KB Investments) Council Bi11 4 was introduced by Mr. Siler; title read by the Clerk; Ordinance No. 989 assigned. Mr. Gidley presented the staff report. Gary Wardle and Mr. Middaugh were sworn in and answered Councils' questions. Steve'Casement, 6655 Youngfield Court, Arvada, applicant, was sworn in and presented architectural rendering of the proposed expansion and explained their plans regarding landscaping, drainage, and building. Janice Thompson, 12290 W. 42nd Avenue,.. was sworn in; she was originally opposed'to the project when she heard about it, but Mr. Casement has alleviated all her fears and concerns and she is now in favor of thy` project. Motion by Mr. S,iler that Council Bill 3, (Ordinance 989) a request that the Youngfield Plaza Phase II Outline Development Plan be amended to allow recreational vehicle sales be approved for the following reasons: 1. As proposed on the development plan, it would not be inconsistent with development in the area. 2. Staff and Planning Commission recommend approval. With the following conditions: 1. This apply to Lot 4 of Youngfield Plaza Phase II only. 2. No other types of vehicle sales be allowed. 3. No recreational vehicle storage be allowed; seconded by Mr. Eafanti; carried 5-2 with Mrs. Fields and Mr. Edwards voting No. T• AGENDA ITEM RECAP QUASI-JUDICIAL X Yes No PUBLIC HEARINGS -. CITY ADM. MATTERS - ELEC. OFFICIALS MATTERS PROC_/CEREMONIES _ _ CITY - ATTY. MATTERS x ORDINANCES FOR 1ST READING _ _ BIDS/MOTIONS _ LIQUOR HEARINGS .'ORDINANCES FOR 2ND READING INFORMATION ONLY ~ PUBLIC _ COMMENT - RESOLUTIONS -. AGENDA ITEM TITLE: Council Bi11 No. providing for a rezoning from R-2 to R-2A-with conditions. SUMMARY/RECOMMENDATION: Council Bi11 No. would allow for ,a rezoning of .I property 10925 West 38th Avenue from R-2 to R-2A with conditions. ATTACHMENTS 1)Council Bill No. 2) 3) BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount S Requested Expend.$ Requirea_Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bill be approved on first reading, ordered published, public hearing be set for Monday, 1995., at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. Suggested public-hearing date: .February 13, 1995 1 INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO_. Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO TO RESIDENTIAL-TWO A ON LAND LOCATED AT 10925 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by_Jefferson County Housing Authority for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-9410 and based upon recommendation for approval with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential-Two District and to include in the Residential-Two A District, the following described land: Lots 1, 2, and 3, Haas Subdivision, County of Jefferson, State of Colorado Section 2. Condition. Development on the property shall be limited to two triplex buildings. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police. power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement Ordinance No. Page 2 Case No. WZ-9410/Jefferson County Housing Authority shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this _ day of , 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1995, at 7:00 o'clock p;m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of .1995. _ SIGNED by the Mayor on this _ day of 1995. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: c:~wp60~ord~wz9410.ord