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HomeMy WebLinkAboutWZ-94-12-j r The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~ E~~N ~' Gl~'jz5C33r Address ~~ BOx ~/ S ~®~~'~g y~ /~vJiu ~° 613~~Sc+'Yv , P-a l3c c , 7is- phone 6g~-/c763 } Owner ~>/GG-' ~/~~. , y Addres's IwI~/taw ~yrz5 Cc, BeyS~ //33-'/sZ 6~ Phone 3 _y 3-5ifz Location of request Cc~ . lnJ~10 3 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 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 Cf/~w~~ ~ CU12/LG _~ s1~_i~' _ _ lL- 3 zc>t~s 'wT !~ C 7~n+t List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ~ 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 actionAor~ h3~ bg~alf. Sig iYo plicant ~ ~ilifA ;:~Q6scs~'~ nd sworn o me kN day f 19 ' % ¢' ~ t:cni"' Z. L . v~ ~ .. ~; :: - _ - _ My commission expires Q~'9Q )ate Received • / Receipt No. ~ ~+Z~ , ~~ C Case No. \~~~ ~~ NAME .~_____ ktl.tr ~ +•+'• '• FTF JEFFERSON b l t+~ ~ "' `•" '-' -- ~~'REi:ORDED INV COUNTY ay,~-- .a..r.~M, ..:,,, ..,... THIS DBED . Maas this day of T7nEt 10r 1994 between L7lZIIi A4ID ~~~ O• DIIIlZ Caa)ty of tTl and State of i of eha eol~orT~, ofthe f)rHm rt~erd~,s ._ S~~n ~-~,<<5 eo. eo~~ ' yrpga lpal adtlraas fie f''O~XL~ty of .7 and state of Colorado, of Me second wwrat• 400, OOD.OD ) YITNESSETH, That tha said party of the first pert, for and in crosrderetim of the sun of f ,~ , •'of the ' Q FOUR HLYIDRED TNWSAND DOLLARS AND DD/1OOTNS the receipt whereof is hereby to the said party of the first part in hand paid W the said party of the second part, ~~ ecNrpNledged end cmfrosed, has bargained, granted, sold etd cameYed, and by these pre%°^tel~negfollowi~ra9ade%criebed lot ~ ` Garvey end confirm, unto the said party of the sroatd part, his heirs and ea%igns forever, ~1 l or parcel of lard, situate, lYi n9 end heiM in [he J -, court ofJEend stjStIIe) of ColorDado~to wi~ta ~, aAe ~~ DAUE A P7tICP HEM ~ ~ ; a roLLS set s~ s~ . 3637 TJP13ttM STRS~ Y ~ 80033 also known es street rnmber or in artywi se eppertainin9, and rterorces thereto belonging, title TOGETHER with all std singrcu'l~a;~r endermat~irde~s~ren~ issues and profits therrof; and all the es[ate, right, either in law ar equi ty,of, in and to the Q the reversion and reversions, interest, claim end demand whatsoever of the saitl party at the first part. with The appurtenances, unto the said party of above bargained premises, with The hereditanmts ercl apx+rtenerces. his heirs, executors, ~O ' TO HAVE AND TO MOLD the said premises abova hxgai ned and deatribed, rt, for hinself, rt, his helve aM the eecord part, his heirs and esei9na for~e9a[AM ~ agf~ torerydo~ithethereaid party of the cecad pa and administrators, dons covenanT, grant, of These preamts, he is well aei zed of the Premilro eM hoe good that at the time of the ercaealbeitNi~e nndl ivMefeesibla wtete of ittteeLtenea.-in law, in fee iiaP aasipm, sure; erfect,- g -° carveYed, es oT'gaa1; P bargain, sell end convey thes~eme'mimsNetexes,fe eensmentae5ardd, a '~ right, full power std lawful authority to grant, that the same are free aM clear Fran all former and other grants, bargains, encurbrances of whatever kind or nature soever; E%CEPT GENERAL TA%ES AND ASSESSMENTS FOR TXE YEAR 1996 AND SUBSEQUENT YEARS EASEMENT FOR UTILITIES AS RESERVED [N 1992 AT RECEPTION N0. 92069394. LEASE RETYEEN GREG NERILATT, AND LOIN YASXER VAGTIW ORDINANCE RECORDED APRIL 30, ~ LEASE REWRDED MARCX 16, 1991, UNDER RECEP7Ig1 N0. 91021636• L[IVAMY, INC., LESSEE, AS SN04Ai BY MEMORANDIM eceable possession of said potty of the small part, his heirs and rt thereof, the said party end [he eboved bargained Prnmi ses in the putet and pe asst 9ns against all end every peram or persms lawfully claiming ar to claim th¢ LAtol¢ or arty pa of the }first part shall end wi lL ~shel lAbe applicable teallhgercJerdar nurber shLLl irclude the Plural, mrefirstaebove atryular, and th¢ use of arty Bend of She that part has heratnto set his hand and seal the day and y IN YITNESS YNEREOF, th¢ said petty wriCtm. /~~ I ~2T'~- (SEAU 7~5 ...., ~~-.A~ CJ 1 4f/ •1 ~~ (SEAL) ~ ~ T" tae,." STATE OF" COLORADO "I ~ - County of > sa Jlme 10, 1994 ' The foregoing instruiaR was ecknowled9ed before a m this day of by g7Pyd?D L7@8i I~tIS~ AtID ~~ D• DIIRZ Nye q~Itu#i@:aN~~a~. • Yitne my herd NOTARY PUBLI STATE OF COLORADO No to MY ~ggNnssbn FxD'ves 2N37 Form Yo wR~23Dh1 0414845.1r~io U~4845 T)xt .:as~~. ~•~ `l+A" ICY PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 ' SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: THE SOUTH 275 FEET OF THE NORTH 637 FEET OF THE WEST 110 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, 1478.5 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE WEST ON SAID SECTION LINE 496. 2 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE CENTER LINE OF SAID SECTION, 662 FEET; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION, 533.8 FEET TO THE WEST LINE OF A LANE 18 FEET WIDE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LANE TO THE PLACE OF BEGINNING,'TOGETHER WITH THAT PORTION OF WEST 36TH LYING ADJACENT THERETO ON THE SOUTH AS VACATED_BY ORDINANCE NO. 894, SERIES 1992, RECORDED APRIL 30, 1992 UNDER RECEPTION NO. 92049394. - ~ ~ -~ RECEPTION NO. 94110235 KU N 0 ~~ 576 TM a9rd •veaue, Lkewaod. Colondo lPa: sqs-fss-i3vL, euc sos-zsq-eLOt legend: E . Eovmmt Approvimab fwn line G . W[ (PSAJ Convete u - uwhy ~. ... 3 0 . Orolwge CE . Cewnd Enfry + crew an wo14 CF.. Cowed Petb o [lul pin i,P.. CNmNY O.M. owrhonq Y+/F3, W1cl er O.H.0. . owrhwe WIi4u From. SnW •2 •• F F O 2~,.] W vZx N O F~Ua FSUO. .n OSW 0 bW WNQC UUm4RUFi ~~~..F Z OW~30 WNWS W.. „~.1 ZopHb>.p OUW Nb ~ w.<40tlZ tl W O rl44 N ,') waU F. 4~ ~ K..t O"+4w rFitFO 0 W F U 24„04 o~rc~ aPi Fz+ xzr~FZ^ ZOJb••ZF 2 w'"]3s~ta ~so o~z ~w~gj1~ WSSa ~rrszo .iWE~E.. WtlF~~" 4f!4Wr~ ODUi UN ~~p'OSWrW G Np ~ FZ b[J (+ Z WF F~ wo~zo O~~oNa a~i~as a ,,,[[[LLL?[++++ W~W1 W a rc ~~ W ZzZ ~ r, ~b„F~W ~E.~O WOn~M M. SeWi~~~~~SFUG .'n~FYtU,SC~~n {LMO~~M ~O ~2~2j+'O~•IO FzWzZ ~~NONU((FrrZF~F..W U=oP K20 ZWZ Ot~"'~UW U06~N 6 EU1"Od ~O ~N ~r43p.JZZ ..0E NO. 9405-4• • WORLD SAVINGS C LOAN EUYER: CARSON C ROEERTS LAND TITLE GUARANTEE CO. AESO414i45 3637 U~HAM STREET ' WHEAT RIDGE, COLORADO. tI o.H.u ~~ ~ J •' M p KA ~ nl ...~~ . ... .. 0 6 .~ ~~ r i I t ~ ~~'_ ~ ~ ~ i ~l Y7ru .1 ~~ I 7 o~ r r is ~ Q ~ t N.: f~Q N... .: .. .. ..; .' _ z~ [ atM1T tad C[-Kt NCt ~ vl.of-Z't;,a ~, xzH t,~-~ T.N~(jC N ' IMPROVEMENT LOCATION CERTIFICATE: t nereby artQity thpatQ th(is Improvement Location GrUficatr wa[ preppre0 for WORLD SAVINGS, K. CARSON ~a~Dk (Ii'not'S473AdT$Grv.y Plpt or Improwmmt Survey Plol. and toot k u not to be rtlied upon for thr eelobliehmmt of 4nn, Wlltlinq or other future Improvement lino. I further eergty tho/ the improvement[ on the above deeerlea porpl Qp.t~n p~s'"•~UNE I, 1994 except uUlky tonnwtlon[, on enllroly within tM boundorle[ of the piy I, fal.Cabl ~{~yl(pyn, (not {hero an no encraothment[ upon the docdbed.pnmine by Improwme ;6,9 ~ (7 ontl that thers ie no opponnt eddenn pr sign of any eowment I ~f N primiso, except oa Indil except oe noted. ~ ~5;7ort_of s po~ oncE: nccnrs~ny m cawnen by row mnrt wmvn<. env hyof 1 n ocean nova upon any tlnirct n tens lnpreveernt Lantern Grvr¢nt 'A' 14112 Kd/t:0. Linn. Jr. -~ .mm~ w.. veer. ono rov font wr<o..r rune a.nm. in .o «mr moY o~y ~ wgmi amw, ear.a won anY <n1M N tMr imprn..m.m ln<otiw un~gcme e. m wa m n won r.. rwn nom m. sm. or mn nmte<u<n .nn.. n.rw E f, bhp _ ~JySJE 6, 1994. l a u .. NI ~(/nnA~~rc- f l C ~ah I'La,~~~Ytezf VIC~i~ ~ZyrytOt,~,f flaN:~ I ~o ~.,1soY. ~~ i, kq ~~da,-c~ RvQr~ES,s 3[~ SQ ~~~` ~~~~~~ , ~ ~~ Po ~ 7~~s- /~v,~i,~ Thus Coo, ~-o ys~ 3(~yp Upl,~,~,,, ~. i {, i 7500 WEST 29TH AVENUE P O BOX 638 The Cify of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge September 26, 1994 The Wheat Ridge Department o£ Community Development has received a request for al of a rezonin from Restricted-Commercial to Residential- - at-the property described below. You=_r_esponse to the following questions and any oomments,on this proposal would be appreciated by October 6, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-12 LOCATION: 3637 Upham, Street REQUESTED ACTION: Rezone from Restricted-Commercial to Residential-Three PURPOSE:. Elimination of non-conforming zoning - no additional development proposed APPROXIMATE AREA: .70 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 If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: /~~~~~ - Department of Planning & Development DISTRIBUTION: X Water District (Wheat Ridge X Sanitation District (Wheat Ridge X Fire District (Wheat Ridge Adjacent City ( ) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. o£ Transportation Colorado Div. of Wildlife X TCI of Colorado X ca a~~.„n~d r~~rv" Jeffe=son Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform MEMORANDUM Approved _ _ Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Enginee C DATE: September 29, 1994 SIIBJECT: 3637 Upham Street, WZ-94-12 - Rezone from Restricted Commercial to Residential-Three The Public Works Department has reviewed the re-zone for the above referenced address and has no comments at this time due to no additional development being proposed. GWK cc: Glen Gidley, John Oss, Sr. Steve Nguyen, John McGuire, Chuck Braden, Director Planning & Development Project Engineer Traffic Engineer City Surveyor ROW Technician CITY O~~ll~ ~~ GE D r.N: CEP 2 9 t~..~ h,_7~ ,~lp[VNlid"u & DEVELOPMENT 750D WES729TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0636 (303) 234-5900. The City of City Admin. Fax # 234,-5924 September 26, 1994 Police Dept. Fax # 235-2949 _~Wheat Ridge The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from Restricted-Commercial to Residential- T}1rPP _ --- - - _ _ at the property described below. Your response to the following questions and any comments ,on this proposal would be appreciated by October 6, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-12 LOCATION: 3637 Upham Street REQUESTED ACTION: Rezone from Restricted-Commercial to Residential-Three PURPOSE: Elimination of non-conforming zoning - no additional development . proposed APPROXIMATE AREA: .70 acre 1. Are public facilities or services provided by your, agency adequate to serve tJ~is development? YES / NO If_"NO", please explain below. 2. Are ser ice lines available ~ to the development? YES NO if "NO", please explain below. 3. Do you knave 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~.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 a(~ffect approval of this request? lJoN.ea7~tC~.~:'Lim-• ~~~~ y.S$wG5 (yvW Yip o~'L~cY~/GSS GArSG 35 ~Lu. woc/~ ~2 , Y !.k• i.~21'4P./?d. Please reply to: /~' "'"~Z~'~"~~ Department of Planning & Development DISTRIBUTION: X Water District (,tn7heat Ridge X Sanit tion Distri 'dge Fire-District (Wheat Ridge ~ Ad3acent City ~- X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife X TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water-Board W R Post Office W R Police Dept. X W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div: <pc>referralform ;.a re~~„i~d r..,.,, 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. C080034-0638 City Admin, Fax # 234-5924 September 26, 1994 CITY OF WHEAT RIDGE Pl.aNt~-,roc & pEt~t.aPii OF~HEq~~ he City of ~~ '° ~p Wheat ~ .-_: ,..: m Ridge ~°coRaoo The Wheat Ridge Department o£ Community Development has received a request for ag~roval of a rezoning from Restricted-Commercial to Residential- SY]YPP _ at the property described-below. Your response to the following questions and any comments on this proposal would be appreciated by October 6, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-94-12 LOCATION: 3637 Upham Street REQUESTED ACTION: Rezone from Restricted-Commercial to Residential-Three PURPOSE: Elimination of non-conforming zoning - no additional development . proposed APPROXIMATE AREA: .70 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES D( 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 I£ "NO", please explain below. 4. Can and will your agency service this 'proposed developmeht subject'to your rules and regulations? - - _ YES pC NO If "NO", please explain below. 5. Are there any concerns or problems your ager_ci> has identified which - would or should affect approval of this request? Please reply to: i~' `"~'~ /~~-`-Y"~ Department of Planning & Development a r nUT~ ODL: LlateY n,-_~+ ~ Ott-Ridge. Jefferson Co. Health Dept. X Sanitation District Wh@@at Ridge Jefferson Co. Schools X Fire District (Wheat Rigtge Jefferson Co. Commissioners Adjacent City ( ) Denver Water Board X Public Service Co. W R Post Office X US West Communications W R Police Dept. State Land Use Commission X W R Public Works Dept. State Geological Survey W R Parks & Recreation Com. Colorado-Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife W R Building Div. X TCI of Colorado <pc>referralform 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 October 6, 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-94-12: An application by Kevin Larson and Mike Roberts for approval of a rezoning from Restricted- Commercial to Residential-Three £or property located at 3637 Upham Street. Said property is legally described as follows: PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTIQN 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL- MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: THE SOUTH 275 FEET-OF THE NORTH 637 FEET OF THE WEST 110 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, 1478.5 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE WEST ON SAID SECTION LINE 496.2 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE CENTER LINE OF SAID SECTION, 662 FEET; THENCE EAST ON A LINE PARALLEL WITH THE'NORTH LINE OF SAID SECTION, 533._8 FEET TO THE WEST LINE OF A LANE 18 FEET WIDE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LANE TO THE PLACE OF BEGINNING, TOGETHER WITH THAT PORTION OF .WEST 36TH LYING ADJACENT THERETO ON THE SOUTH AS VACATED BY. ORDINANCE N0. 894. SERIESS 1992, RECORDED APRIL 30, 1992 UNDER RECEPTION NO. 92049394. 2. Case No. WZ-94-14 :' An„application by St. Ives Realty for Raymond Michael Easier and.S:'G1enn and ITeleri Anri Huitt for " approval of a rezo~ing_from Planned Residential Development to a revised Planned Residential Development district and for approval of a revised Outline Development Plan. Said property is located at 10241 West 38th Avenue and 3975 Miller Court and is legally described as follows: A parcel of land situated in-the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, State of Colorado, more particularly described as follows: The East 264 £eet of the North 750 feet of"the Southwest one-quarter Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., except the North 20 feet thereof and except the West 15 feet thereof and except the East 20 feet thereof and except the South 230 feet of the East 264 feet of the North 750,feet of the S__outhwest Quarter of the_Southeast Quarter of Section 21, Town hip 3 - _^ South, Range 69 West of the 6th P.M., except the West 15 feet thereof, and except the East 20 feet thereof, excluding any portion of.the above described property not located in the East 8.acres of the_Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado. and including The West one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West, except any portion which may lie within 38th Ave., and except: A part of the West one-half of-the Southeast one-quarter of the Southeast one-quarter ( W 1/2 SE 1/4 SE 1/4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast corner of said W 1/2 SE 1/4 SE 1/4; thence West 120-feet, thence North 80 feet, thence in a Northeasterly direction 137 feet to a point which is 148 feet North of place of beginning. 3. Case No. WZ-94-15: An application by the City of Wheat Ridge for rezoning from Planned Resideritial'Development to Residential-One and for rescission of an Outline Development Plan approved pursuant to Case No. WZ-94=3. Said property is owned by Paul and Anna Weller, is addressed as 10150 West 40th Avenue and is legally described as follows: All that part of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, State of Colorado, lying north or northerly of center line of a certain stream_ commonly called Dry Creek together with a strip 20 feet wide to be used for read purposes along the east side of that -- - ~ ~~-portion`of the-West one-half of the'East one=half of the'' Southeast one-quarter of_ the Southeast one-quarter lying south of center line of said Dry Creek being a roadway connecting the first above described tract with West 38th Avenue, excepting therefrom that portion of the above described land as taken by the City of Wheat Ridge for the Lena Gulch drainageway as evidenced by order for immediate possession recorded October 10, 1980 at Receptio No. 80076775 of the Jefferson County rec rds. ~ Sandra Wiggins, etary ATTEST: Wanda Sang, City Clerk To be Published: September 20; 1994 Wheat Ridge Sentinel c:\wp60Miles\pc10694.phn ` _ 'y ~'S00 WEST 2°TH AVENUE - - - - Th2 CIPJ/ Of P.O. BOX 638 WHEAT RIDGE. CO 8003-0638 :3031 234-5900 Wheat City Admin. Fax,-; 234-5924 Police Deot. Fax r 235-2949 ~ldge September 21, 1994 This is to inform you that Case No. WZ-94-12 which is a request for - -~ a rezoning from Restricted-Commercial for property located at 3637 IIpham Street , will be heard by the Wheat Ridge Planninc~('omm;as,on in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. . on October 6 1994 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Pl anni n~ ~'Omm1SSlOn _, _ _ 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' ca re:~~„~:~a N,~m.. -, .. 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 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 The following individuals per the record~_of Jefferson County own, property that abuts 3637 Upham. 1. 39-261-00-037 Roger P. Loecher 5500 W. 44th Denver, Co. 80212 _ 2. 39-261-00-046 Louise Lupita Carlin 3705 Upham St. Wheatridge, Co 80033 3. 39-261-00-051 John C. McDaniel 120 Iris Broomfield, Co. 8-0020- 4. 39-261-00-059 William E. Moore 3701 Estes St. Wheatridge, Co. 80D33 5. 39-261-00-060. _. _ Clint Thomas Co. Trustee 4833 E. Hearn Rd. Scottsdale, Ariz. 85254 6. 39-261-00-061 ___ _ Jefferson County Housing Authority 1425 Brentwood St. Lakewood Co. 80215 7. 39-261-00-062 Virginia M. Tomko 8005 W. 44th Pl. Wheatridge, Co. 80033 8. 39-261-00-064 William F. Schmmeiser 4681 W. 75th Ave Westminster, Co. 8003a 9. 39-261-00-066 Marie V. Prentiss 8278 S. Xenia Ct. Englewood, Co. 80112 10. 39-261-08-008 Anthony M. Ficco 3650 Vance St. #1 Wheatridge, CO. 80033 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: October 6, 1994 DATE PREPARED: September 26, 1994 CASE NO. & NAME: WZ-94-12 CASE MANAGER:ti"Meredith Reckert ACTION REQUESTED: Rezoning from R-C to R-3 LOCATION OF REQUEST: 3637 Upham Street NAME & ADDRESS OF APPLICANT(S) Kevin Larson P. O. Box 715, Indian Hills CO 80454 NAME & ADDRESS OF OWNER(S) ----------------------------- APPROXIMATE AREA: .7 acre PRESENT ZONING: Restricted-Commercial PRESENT LAND USE: multi-family Same. SURROUNDING ZONING: N: R-C; S E: R-3; W: R-C, R-3 SURROUNDING LAND USE: S E & W: multi-family; N: low density residential COMPREHENSIVE PLAN FOR THE AREA: low densityJcommercial activity center DATE PUBLISHED: September 20, 1994 DATE POSTED: September 22, 1994 DATED LEGAL NOTICES SENT: September 21, 1994 AGENCY CHECKLIST: (x) ATTACHED RELATED CORRESPONDENCE:( ) ATTACHED ( ) NOT REQUIRED (x) NONE ENTER INTO RECORD: (x) COMPREHENSIVE PLAN (x) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER (x) CASE FILE & PACKET MATERIALS ( )SLIDES ( )EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Commission Staff Report Page 2 Case No. WZ-94-72 REQUEST The applicant requests approval of a rezoning from Restricted-Commercial to Residential-Three. The purpose of the application is for the legalization of a nonconforming use. There is a 14-unit apartment building on the property. An apartment building is an allowed use in the R-3 zoning but not the R-C zone district. The site is currently built-out to maximum capacity for the property. The vacant-looking parcel to the south is part of the property for density purposes. No additional units can be built on the south part although it could be used as accessory for the complex (i.e., playground, parking garages, etc.). The property is currently nonconforming in regard to zoning, parking and access. No changes are being proposed for the development. II. 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 Development Plan designates desirable land use for this parcel as Commercial Activity Center and Low Density Residential. Commercial Activity Center is intended to provide a "planned activity center for all commercial uses but primarily for shopping goods and medium to high density residential development in or on the fringes of the center". The R-3 zoning would be consistent with this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question has R-3 zoning on the east and south developed into apartments. A single family dwelling with R-C zoning abuts the property on the north. The property on the west has R-3 and R-C zoning and is developed into four-plexes. The R-3 zoning would be compatible with adjacent land use and zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will be no obvious social, recreation, physical and/or economic benefits as a result of the rezoning. It will, however, eliminate a nonconforming use situation. Planning Commission Staff Report Case No. WZ-94-12 Page 3 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 agencies are currently serving the property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The rezoning will not adversely affect public health, safety and welfare since no changes will occur to the property. The construction of a new 50-foot office building (allowed under the R-C zoning) would generate more traffic, potentially create drainage problems and reduce light and air to adjacent properties than atwo-story apartment complex would. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed commercially, however, the existing multi-family complex is already compatible with development in the immediate area. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This rezoning 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 the location, considering available alternatives. There is no void in service, products or facilities that the zoning would fill, however, it would eliminate a nonconforming land use. Staff concludes that criteria support approval of this request. 111. AGENCY REFERRALS All agencies are already providing service to the property. fV. MEETING A meeting for neighborhood input was held on August 25, 1994. The following persons were in attendance: Meredith Reckert (staff) Kevin Larson (applicant) P 0 Box 715, Indian Hills CO Planning Commission Staff Report Page 4 Case No. WZ-94-12 Dan Martinez 3650 Upham Vickie Seymour 3650 Upham Daniel Johnson 3640 Upham Salika Sidara 3640 Upham In general, the neighbors supported the proposal, in lieu of having a commercial building at that location. They complimented the new owners on how they have cleaned up the complex but still had some concern regarding the "quality" of some of the tenants. The applicant indicated that there will be an on~ite manager to help with problems in the complex. The neighbors suggested the vacant portion of the lot be made into a playground since there are so many children in the area. V. CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that approval of the rezoning will eliminate a nonconforming use. Staff further concludes that the criteria used to evaluate a zone change supports this request. For these reasons, a recommendation of Approval is given for Case No. WZ-94-12. VI. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WZ-94-12, a request for approval of a rezoning from Restricted Commercial to Residential-Three for property located at 3637 Upham Street, be Approved for the following reasons: 1. It will eliminate a nonconforming use., 2. The criteria used to evaluate a rezoning support approval of this request." OPTION B: "I move that Case No. WZ-94-12, a request for approval of a rezoning from Restricted-Commercial to Residential-Three for property located at 3637 Upham Street, be Denied for the following reasons: 2. 3. " wz9412.sr 08-16-1994 11~38RM~~ Luis 0 Rcosta Rrchitects' ~~ 2345924 P.02 NOTICE OF NSIUAHORNOOD INPUT I~E1'ING POR R&ZONSN6 ~~ I$ PROPOSIMi A.REZONIl16 FA~fi TNS EOCATIpN Op Y'7iSa M~ifiTINO i8 TN6 SIfUi AND DATE POR IRIS MEETI THE PVRPOSS POR TEI$ L'RQPOSAL IS appl3catiwl for rezonita~ of property t4 a higher use, or for properties 3n excess Bf one (1) acsw, ud fos SpsCisi Use Peraits NSSSOh a110w a spacial use pf land, an appiieant neat watify ail residents Nithin a00 fast and invite thu to ~ Neighborhood Input Heating. The DUrpoae far thin 1908ti7iq ie t0 ai1pN the applinant to pregent his propCSel to the neighborhood and also to a11pN the neighborhood m expreaa directly to the applicant, their aoaperne, isetYee and desirie. A staff planner Ni11 attend the meeting tv diecuae City policy amt regulations an5d the prppese involved, lwNavas, the plasnar will resin impartial rogsrding viability of the prpjact. AaaP iR •ind that this is apt. a publ'ia hearing. Altbpygh a aynopaia of the meeting M311 be entered ac teatimoriy, it 1a th0 public hearings iii front of Planning Comaissipn and City Council where deCiaions era rendered. 2! you want illpllt in LM decision-raking pxooesa, it is imperative that you attend the public lweringa. The kinds OE concerns residents apsmally have include the lollosieg: ~ Ia the proppsei oompatible with surrounds lead uses end EOa1ag7 Ara there adequate utilities end aarvlcas~ place ar prpppaad tp s0rva the profept3 • fihat is the impact on our streets? • Nhsrg x311 the store draiaege got ~ Aox Nill the profeet be designed to anhsnCe rather than detract fYOm th0 aaighbprhood? • Nhat epeeiliC changes pan be made in the psoposal to make it more acceptable tp ae7 After attending the Naighborhppd Input N®®tiug, please pea }ha following space and the back p£ this form tv 31st say specific concerns, imsvea or eaggeationa which you aey have regarding tA3e proposal. Please sign it and give it to the applicant, as M Se ragCirod t0 provide those fpiwa to the City slang Nith lua application. FEINT NAMB ADDRESS <pcinoticelneighborhoodmtglrk PHONB ' TOTRL P.02 PIIBLIC HEARING SPEAKERS' LIST CASE NO: WZ-94-12 DATE: 10-06-94 REQUEST: Case No. WZ-94-12: An application, by Kevin Larson and Mike Roberts for approval of a rezoning from Restricted-Commercial to Residential-Three for property located at 3637 Upham Street. osition o Please c Request eck SPEAKER NAME AND ADDRESS (PLEASE PRINT) IN FAVOR OPPOSED ~f E w ~G? !S ~ ~dP ~ ~ Planning Commission Minutes ( October 20, 1994 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Page 2 Commissioner ECKHARDT requested the opportunity (under Item 10 New Business) to report on the APA Conference he recently attended in Vail. With that addition, Commissioner CERVENY moved to approve the agenda for the meeting of October 20, 1994 as amended. Commissioner CRUMPTON seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINUTES September 75, 1994 Commissioner ECKHARDT noted a typographical error on page four, sixth paragraph. The word "beet" should be changed to the word "meet". With that correction, Commissioner ECKHARDT moved to approve the minutes for the meeting of September 15, 1994 as corrected. Commissioner CERVENY seconded the motion. Motion carried 5-0. October 6, 1994 Commissioner CERVENY moved to approve the minutes for the meeting of October 6, 1994 as printed. Commissioner ECKHARDT seconded the motion. Motion carried 3-0, with Commissioners CRUMPTON and RASPLICKA abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) No one had signed the roster to speak, nor came forward at that time. 7. PUBLIC HEARING 1. Case No. WZ-94-12: An application by Kevin Larson and Mike Roberts for approval of a rezoning from Restricted-Commercial to Residential-Three for property located at 3637 Upham Street. Mr. Gidley presented the staff report. Entered into the record and accepted by Chairperson RASPLICKA were the Comprehensive Plan, Zoning Ordinance, case file and packet materials. The Commission members had no questions at that time. Kevin Larson. P. O. Box 715, Indian Hills was sworn in. Mr. Larson stated he was part- owner of the property in question and that the owners were requesting the change of zoning to bring the property into conformance. Commissioner ECKHARDT asked if the asphalt parking area met the requirements. Planning Commission Minutes Page 3 October 20, 1994 Mr. Gidley stated that back-out parking existed on Upham Street which would not be allowed by current standards. He added that currently, any turnaround would have to be on the site. The dirt parking area is overflow parking. Normally the City requires all parking areas to be paved. The applicant would not 6e required to bring the parking up to standard unless he was doing major construction on the property. There were no further questions. No one had signed the roster nor came forward to speak at that time. Commissioner ECKHARDT moved that case No. WZ-94-12, a request for approval of rezoning from R-C to R-3 at 3637 Upham Street be Approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate~a rezoning support this request. Commissioner CERVENY seconded the motion. Motion carried 5-0. 2. Case No. WZ-94-9: An application by Evan Asby for Powderhorn Park Joint Venture for approval of an amendment to a Planned Industrial Development final development plan located at 4894 and 4896 Van Gordon Street. Mr. Gidley presented the staff report. Entered and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, case file and packet materials, and exhibits. Commissioner ECKHARDT it the drainage area south of the outdoor storage was a retention or a detention pond. Mr. Gidley answered that according to the plan it appeared to be a retention pond. The water would percolate into the soil. Evan Asbv. 8414 West 77th Way in Arvada, was sworn in. Mr. Asby stated his company installs fire suppression systems. Chairperson RASPLICKA asked about property ownership. Mr. Asbv stated that he and his partner were original owners, however they sold the first two units. He noted that the original plan designated all buildings as multiple-use. However, the new plan utilizes building 400 as asingle=source use. He explained further. Mr. Asby stated he felt that an existing chain link fence on the property would suffice. He thought view-obscuring slats could be added to the existing fencing in appropriate areas in order to meet Screening standards. Mr. Asby noted that a drainage plan had been previously approved for the site. However, Public Works are requesting that the existing drainage plan be recertified. He elaborated. Commissioner CERVENY asked Mr. Gidley if he felt the proposed screening Mr. Asby had described was consistent with screening of outside in the immediate vicinity. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: WZ-94-12 LOCATION: 3637 Upham Street APPLICANT(S) NAME: Kevin Larson OWNER(S) NAME: Kevin Larson and Mike Roberts REQUEST: Approval of rezoning from R-C to R-3 APPROXIMATE AREA: .7 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received 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 ECKHARDT, seconded by Commissioner CERVENY, that Case No. WZ-94-12, an application by Kevin Larson for approval of rezoning from Restricted- Commercial to Residential-Three be Approved for following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support this request. .- VOTE: YES: Eckhardt, Rasplicka, Cerveny, Langdon and Crumpton NO: None. 1, 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 5-0 dote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the twentieths of October, 1994. \ \ /~ c WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE c:~wp60\pclwz9412.res AGENDA ITEM RECAP AGFI~I-A ITEM _ MeeG::.ng Date 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 EEARINGS ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT - RESOLUTIONS AGENDA ITEM TITLE: Council Bill No. providing for a rezoning from R-C to-R-3 SUMMARY/RECOMMENDATION: Council Bill No. would allow for a rezoning of property at 3637 Upham Street ,from Restricted-Commercial to Residential- Three_-- Approval on 1st Reading is recommended. ATTACHMENTS: 1) Council Bill No. 2) 3) SUGGESTED MOTION: BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount $ Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No I move that Council Bill be approved on first reading, ordered published, public-hearing be set for Monday, 1994, 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: December 12, 1994 INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESTRICTED-COMMERCIAL TO RESIDENTIAL-THREE ON LAND LOCATED AT 3637 UPHAM STREET, 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 Kevin Larson and Mike Roberts for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-9412 and based upon recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Restricted-Commercial District and to include in the Residential-Three District, the following described land: PART OF THE NORTHWEST 1J4 OF THE NORTHEAST 1J4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: THE SOUTH 275 FEET OF THE NORTH 637 FEET OF THE WEST 110 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, 1478.5 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE WEST ON SAID SECTION LINE 496.2 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE CENTER LINE OF SAID SECTION, 662 FEET; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION, 533.8 FEET TO THE WEST LINE OF A LANE 18 FEET WIDE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LANE TO THE PLACE OF BEGINNING, TOGETHER WITH THAT PORTION OF WEST 36TH LYING ADJACENT THERETO ON THE SOUTH AS VACATED BY ORDINANCE NO. 894. SERIES 1992, RECORDED APRIL 30, 1992 UNDER RECEPTION NO. 92049394. Section 2. Vested Propert}~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. Ordinance No. P_ age 2 Case No. WZ-9412/Carson & Roberts Section 3. 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 4. Severability, Jf 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 shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this _ day of , 1994, 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 , 1994, 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 , 1994. SIGNED by the Mayor on this _ day of , 1994. 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~wz9412.ord CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: December 12, 1994 DATE PREPARED: November 29, 1994 CASE NO. & NAME: WZ-94-12 CASE MANAGER:~eredith Reckert ACTION REQUESTED: Rezoning from R-C to R-3 LOCATION OF REQUEST: 3637 Upham Street NAME & ADDRESS OF APPLICANT(S) Kevin Larson and Mike Roberts P. O. Box 715, Indian Hills CO 80454 NAME & ADDRESS OF OWNER(S) ---------------------------- APPROXIMATE AREA: .7 acre PRESENT ZONING: Restricted-Commercial PRESENT LAND USE: multi-family Same. SURROUNDING ZONING: N: R-C; S E_ R-3; W: R-C, R-3 SURROUNDING LAND USE: S. E & W: multi-family; N: low density residential COMPREHENSIVE PLAN FOR THE AREA: low density/commercial activity center DATE PUBLISHED: November 22, 1994 DATE POSTED: November 28, 1994 DATED LEGAL NOTICES SENT: November 25, 1994 AGENCY CHECKLIST: (x) ATTACHED ( ) NOT REQUIRED RELATED CORRESPONDENCE:( ) ATTACHED (x) NONE ENTER INTO RECORD: (x }COMPREHENSIVE PLAN (x) CASE FILE & PACKET MATERIALS (x) ZONING ORDINANCE ( )SLIDES ( )SUBDIVISION REGULATIONS ( }EXHIBITS ( )OTHER ____ JURISDICTION: The property is within the City of Wheat Ridge, and alt notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. ~ i Planning Division Staf4 Report Page 2 Case No. WZ-94-12 REQUEST The applicant requests approval of a rezoning from Restricted-Commercial to Residential-Three. The purpose of the application is for the legalization of a nonconforming use. There is a 14-unit apartment building on the property. An apartment building is an allowed use in the R-3 zoning but not the R-C zone district. The site is currently built-out to maximum capacity for the property. The vacant-looking parcel to the south is part of the property for density purposes. No additional units can be built on the south part although it could be used as accessory for the complex (i.e., playground, parking garages, etc.). The property is currently nonconforming in regard to zoning, parking and access. No changes are being proposed for the development. II. 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: t. 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 Development Plan designates desirable land use for this parcel as Commercial Activity Center and Low Density Residential. Commercial Activity Center is intended to provide a "planned activity center for all commercial uses but primarily for shopping goods and medium to high density residential development in or on the fringes of the center". The R-3 zoning would be consistent with this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question has R-3 zoning on the east and south developed into apartments. A single family dwelling with R-C zoning abuts the property on the north. The property on the west has R-3 and R-C zoning and is developed into four-plexes. The R-3 zoning would be compatible with adjacent land use and zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change oft zone. There will be no obvious social, recreation, physical andfor economic benefits as a result of the rezoning. It will, however, eliminate a nonconforming use situation. Planning Division Staff Report Page 3 Case No. WZ-94-12 4. That adequate infrastructureJfacilities 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 agencies are currently serving the property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The rezoning will not adversely affect public health, safety and welfare since no changes will occur to the property. The construction of a new 50-foot office building (allowed under the R-C zoning) would generate more traffic, potentially create drainage problems and reduce more light and air to adjacent properties than atwo-story apartment complex would. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed commercially, however, the existing multi-family complex is already compatible with development in the immediate area. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This rezoning 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 the location, considering available alternatives. There is no void in service, products or facilities that the zoning would fill, however, it would eliminate a nonconforming land use. Staff concludes that criteria support approval of this request. III. AGENCY REFERRALS All agencies are already providing service to the property. N. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on August 25, 1994. The following persons were in attendance: Meredith Reckert (staff) Kevin Larson (applicant) P O Box 715, Indian Hills CO Dan Martinez 3650 Upham Planning Division Staff Report Page 4 Case No. WZ-94-12 Vickie Seymour 3650 Upham Daniel Johnson 3640 Upham Salika Sidara 3640 Upham In general, the neighbors supported the proposal, in lieu of having a commercial building at that location. They complimented the new owners on how they have cleaned up the complex but still had some concern regarding the "quality" of some of the tenants. The applicant indicated that there will be an on-site manager to help with problems in the complex. The neighbors suggested the vacant portion of the lot be made into a playground since there are so many children in the area. V. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on October 20, 1994. A recommendation of Approval was made for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support this request. VI. CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that approval of the rezoning will eliminate a nonconforming use. Staff further concludes that the criteria used to evaluate a zone change supports this request. For these reasons, a recommendation of Approval is given for Case No. WZ-94-12. VII. RECOMMENDED MOTIONS OPTION A: "I move that Council Bill No. , a request for approval of a rezoning from Restricted Commercial to Residential-Three for property located at 3637 Upham Street, be Approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request" OPTION B: "I move that Council Bill No. , a request for approval of a rezoning from Restricted-Commercial to Residential-Three for property located at 3637 Upham Street, be Denied for the following reasons: 1. 2. 3. " wz9412.sr ~ • !! ,,~ '_' 0 m n n D ~ F i ~ NITm N HODIST ~ I n up HURGH • n o OR N OR Sls . ~ 3760 ' -~ 3744 370 3650 " ] ::+ii 3736 .::Si:$: o R ~ •• " b ~.G' 3726 +r;;~ '^ 3720 ::i:::i. ~ `m" n "~ r ~ 3650 MORNINGSIDE RETIREMENT COMMUNI TY 3 ^~ ~ ~~ .r~ ~~, '~ n o ~ ~ ~ n n n n r n n W 35TH AVE N J o n m ~ S n 3404 " 3402 3400 ^h ^y .~ 1 \I M n ~,.. ,~~ _ W 38TH AVE 0 0 °m ~o °n "~ 0 0 0 0 0 n ~ G.- " 36S5 I- m +o ~ 3fi9: U , m~ n „~ n 3660 3651 { N 3670 3685 U 3675 = ~ 3665 36' in " n 3645 . µW~ 3660 W i ° R i n 3 625 ~~ 3620 3595 ~ ^ ~ o .!° =+ " ^ o H H n • n ~.. ~[] N ~[] N .M +^ n •n " W 33RD AVI . nl. of °1 0 ~ ^ ~ ~ 132ND F N N I /'1 ~ ~ I /' I A I n ~ n r N _ W 32ND PL _KY oUNT~I ~ N . N n r ~~ W n n F- N n n n `-. ~~~ W. 32ND AVE. ~~ ~~~1 5 ~~ ~~ Case No. WZ-94-12 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) No problems. Schools: Water: (Wheat Ridge) No problems. Sewer: (Wheat Ridge) No problems. U S West: No response. Public Service Co. No response. State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning} Adjacent City: TCI: No response. CITY DEPARTMENTS Public Works: No problems. Parks and Recreation: Police: No problems. Building Inspection: No problems. agrefsum.frm Y~ tl -scc wesT z~Th nvENUe The City of P.O. 3OX 638 _ NIHEATRI6GE.-CO 80034-Oo'38 _.3031234-5900 ~V6lheat Cl;y Aamin. Fax R 234-5924- Police Degt. Fax ~ 235-2949 Ridge November 25, 1994 This is to inform you that Case No. W7-94-12 which is a request for --- oval of a rezoning from Restricted-Commercial for property located at 3637 Upham Street will be heard by the Wheat Ridge r;tv o,ncil _,in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. . on December 12 1994 All owners and/or their legal counsel o£ the parcel under consideration must be__present at this hearing before the ri+v ronncil 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. I£ you have any questions or desire. to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnotice£orm w er„~ i~~e o„~~~~, rt 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 pioposed 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. 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C3 p ~ m €~ i-i j AS j +~ ~ V' ~ ~ y ` ~ , .~ ~ N o l~ '~' ~ 'it ~ r i .'i ~ ¢~~, }«~4 ~ G' ~ '1} « N~ I m m ~~ I m r M E ~ N ui ~ cd a W LL w U O LL F a ='n w M a w o ¢ at ,.+ ~ E? © ... .-t U ~ ~ f-+ i . ~ ~ rn ss c : ~ 962 2h2 Q°C6 d 0 °m m a .,,. CITY COUNCIL AGENDA: December 12, 1994 C,' n +;, Page 3 Ms. Schroeder has modified her request for declaratory judgement and will distribute copies to Council. Mr. Solano asked Parliamentarian if this is a reconsideration of a previous motion by City Council to take this to the court for a declaratory judgement. Parliamentarian stated based on facts supplied to her, this is not a reconsideration. She sees no reason why this cannot be discussed, but no action can be taken. Mr. Edwards stated that officially Mrs. Bahde is not yet our parliamentarian. Mr. Solano asked for Ms. Schroeder's opinion as parliamentarian; she agreed with everything the non-formally parliamentarian has stated. Vote on making this discussion an agenda item failed 3-4 with Councilmembers Worth, Fields, and Edwards voting yes. LOCAL LIQUOR AUTHORf1 Y MATTERS Item 1. Application for a new 3.2% Beer Retail License from Robert L. Murray, dba "Murray's Amoco", 4901 Kipling Street, Wheat Ridge, Colorado. (THIS IS FOR 1-MILE RADIUS ONLY -NOT PUBLIC HEARING} Motion by Mrs. Behm that the neighborhood be set at a_i-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this application be held on January 23, 1995; seconded by Mr. Solano; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 77 -_An Ordinance providing for the approval of rezoning from Restricted-Commercial to Residential-Three on land located at 3637 Upham Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-12) (Kevin Larson and Mike Roberts) Council Bill 77 was introduced by Mr. Edwards; title read by the Clerk; Ordinance No. 982 assigned. Mr. Gidley was sworn in by the Mayor and presented the staff report. Motion by Mr. Edwards that Case No. WZ-94-12, Council Bill 77, Ordinance 982, a request for approval of a rezoning from Restricted Commercial to Residential-Three, for property located at 3637 Upham Street, be approved for the following reasons: 1. it will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request; seconded by Mr. Sofano; carried 7-0. X PIIBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS, _ PROC./CEREMONIES CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING _ BIDS/MOTIONS LIQUOR HEARINGS - X ORDINANCES FOR 2ND READING INFORMATION ONLY- _ P'[TBLIC COMMENT ~ _~RESOLUTIONS _ _ AGENDA ITEM TITLE: Public Hearing - Case No. WZ-94-12 SUMMARY/RECOMMENDATION: This is a request for approval of a rezoning from R-C to R-3 for property located. at 3637 Upham Street. ATTACHMENTS: I) Staff report 2) 3) BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount S Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: "I move that Case No.. WZ.-94-12, a request for approval of a rezoning from Restricted Commercial to. Residential-Three for property located at 3637 Upham Street, be Approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria .used to evaluate a rezoning support approval of this request." ~' , ( C~ U INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 77 ORDINANCE NO. 982 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESTRICTED-COMMERCIAL TO RESIDENTIAL-THREE ON LAND LOCATED AT 3637 UPHAM STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Kevin Larson and Mike Roberts for approval of rezoning in Wheat Ridge, Colorado, Case No. VIIZ-9412 and based upon recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Restricted-Commercial District and to include in the Residential-Three District, the following described land: PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: THE SOUTH 275 FEET OF THE NORTH 637 FEET OF THE WEST 110 FEET OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, 1478.5 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE WEST ON SAID SECTION LINE 496.2 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE CENTER LINE OF SAID SECTION, 662 FEET; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION, 533.8 FEET TO THE WEST LINE OF A LANE 18 FEET WIDE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LANE TO THE - PLACE OF BEGINNING, TOGETHER WITH THAT PORTION OF WEST 36TH LYING ADJACENT THERETO ON THE SOUTH AS VACATED BY ORDINANCE NO. 894. SERIES 1992, RECORDED APRIL 30, 1992 UNDER RECEPTION NO. 92049394. Section 2. 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. ~~ J ~ ! Ordinance No. 982 Page 2 Case No. WZ-9412JLarson & Roberts Section 3. 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 4. 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 shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 14th day of November .1994, 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 December 12 , 1994, 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 7 to 0 ,this 12thday of December , 1994. SIGNED by the Mayor on this 13thday of December ,_1994. DAN WILDE, MAYOR Wanda Sang, Ci C APPROVED AS~T,O FORM BY CITY ATTORNEY KATHRYN S R EDER, CITY ATTORNEY 1st Publication: November 24, 1994 2nd Publication: December 22, 1994 Wheat Ridge Sentinel Effective Date: January 6, 1995 c:~wp60`ord~wz9412.ord