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Home My WebLink AboutWZ-94-14. _ ~ THE CO~GI.lDATED MUTUAL WATER COMPANY 12700 West 27th Avenue P.0. Box 150068 1.A110i1x'OOD. COLORADO 80215 Telephone ?38.0451 February 25, 1994 Hs. Heredith Reckert City of Wheat Ridge Department of Planning and Development P.0. Sox 638 Wheat Ridge, Colorado 80034-0638 Re: City of Wheat Ridge Case Number WZ-9-3/St. Ives, proposed rezoning from Agricultural-One (A-1) and Residential-One (R-1) to Planned Residential Development, and for approval of an outline development plan Dear Hs. Reckert: This will acknowledge receipt of your correspondence dated February 14, 1994 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Hutual Water Company by virtue of a Distributor's Contract with the Denver Aater Board. Domestic water service may be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by the Denver Water Board. The Company's rules, regulations and requirements further require that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. If the future planned use of this property is within any of the above categories, the owner, engineer or architect should contact this office as soon as possible so that we may determine what water system improvements will be needed to serve this property. Fire protection requirements should be obtained from the Wheat Ridge Fire Protection District and those requirements forwarded to this office at the earliest possible time. If you have any questions or comments regarding this correspondence, please contact this office. Sincerely, Hichael E. Queen ^ater Distribution Hanager HEQ: j 1 cc: St. Ives Real Estate, Applicant Dave Roberts, Fire Protection District Walter Welton, PLS/PE, CHWCo President John Allea, CHWCo Junior Engineer '~_-~ 3 w N 8 m n m T 7J P 913 667 843 r ° ro ro r r~ o ~ ~ ~ z ~ ~W tQ O Y { ~ W p ~ V ~p n ~4 YM O p W ,v ~ ~ ~ .y~f o w - w 5 m ~ n v n m y ~ .. ___. __....~.w ,; . _ - max,----=- ~T P 913 667 842 J P 913 667 841 ~ ~ N h f O ~ cs Pi to w ~a~ e ~~ C~ a t + ~ ~ ~ ~ ~ W yy y ~ ~ • ~ l Q M 4'' u. m lnmi m ~ T m m N m y z T w N m=N~ lam. ~a~c oyom m o~ g m <yo T y <m m Z N m n y ~~ ~ F _~o~~ ~'o c m ~ m m 8 m g + s n ~ +~m m Z K N m n ~m T T w N 0 0 ~ ^ ^ ^ ^ m ~ ~ . . m 6 v ; .~ ~... ~ N . • ~ .~ rT ~ ~~~ ~ T d "~ C ~~ ~ ~ f •~O ~ ~ ~ ~ ~ ~~ .~ ~~ ('gym } - ~ 1 v 4t ~ m r~ ~. ~s b~ ~~ ~~_ .. ~f. ,c :. ~.: .. .~. 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F^o Ba,~°O>u yN...c °o.o w V C °.A+ ~" y w O. ~i XwO .~a .7"i c c G y,a '~ xU ~ P °P. t9 N G a°i V C dU°A~^O" p, i'' R++ m°>.°o•~~~aR°o~Ra,., mom q'pOyawc.o~3~a""a~° °'~~ m ^>aaciooa`tli .~o^~.~^~oca c°N '°rPCc°~~~ wG~w~V O6d.wc,b„u.$~o~°,c C3 ~ C oa w v~ CC .~ N a~ o o w R t .~ ~ ~o .o ~ Cl N Q "' q'C w V N F c ti~ F> N •O R V ..°., ua > O C ~.0. > t4 C N V V b-0~ d c> ^' +-' N N E N c 6 y v° ~, aci a, ~' m~° F y ti x °' a~~ v~ 0 0 September 29, 1994 Mr. { Mrs. Paul Weller 10150 West 40th Avenue Wheatridge, Colorado 80033 City of Wheatridge 7500 West 29th Avenue Wheatridge, Colorado 80215 Attn: Planning and Zoning Commission Re: Zoning Status of Property Described Below To Whom It May Concern: This letter is to request that my property located at 10150 West 40th Avenue, Wheatridge, Colorado 80033 and described on the attached " Addendum A " be excluded from a final zoning decision in connection with certain ajoining property which will come before the Wheatridge Planning and Zoning Commission on October 6, 1994 at 7:30 p.m. It is my request that a permanent zoning change for my property be deferred for at least six months, during which time approiate plans for the best use of the property will be developed and submitted to the Wheatridge Planning and Zoning Commission for their review. Respectfully )yJl A /f ~ Y,/J ~~ Paul and ,A,n~na~. Weller ~~j ~y/%GG~L d ~ v` ~ l cc: Mr. Glen Gidley Director of Planning and Developr,.ant Ms. Meredith Reckert Planner C(~Y OF {NFtEAT RIDGE ,~ SEP 3 0 1994 ~t t 4.'.'~L~ ANNIN6 & DEVELOPMENT - ~ ADDENDUM A LEGAL DISCRIPTION FOR PROPERTY LOCATED AT: 10150 WEST 40th AVENUE, WHEATRIDGE,CO 80033 UL'SCIZ [ PT ION:. ' ALL THAT PART OF THE WEST ONE=HALF OF THE EAST ONE-HALF OF THE SOUTHEAST ONE- QUATER OF THE SOUTHEAST ONE-QUAR"r•ER'UF SECTIOhJ 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE GTli P.M., CITY OF WHEAT f2'IUGE, JEFFERSON COUNTY, COLORADO, LYING NURTii OR NORTHERLY OF CENTER LINE OF CERTAIN STREAM CJMMUNLY CALLED DRY CREEK TOGETHER WITH A STRIP 2U FEET WIDE TO BE USED FOR ROAD PURPOSES ALONG EAST ' SIDE OF T1~fAT PORTION OF WEST ONE-I~tALF OF TIME EAST ONE-HALF OF TFIE SOUTf1E:A5T ONI QUARTER OF TFiL- SOUTHEAST OfJE-QUARTER LY.ING,SOUTIi OF CENTER LRdE OF SAID DR t' CRL"EK BEING ROADWAY CONNECTING FIRST ABOVL" DESCR113ED TRACT WITH WEST 3dJ'il AVENUE, EXCEPTING THEREFROM, THAT PORTION OF TI-1L' ADUVE DESCRIUED LAND AS Ti,}:EN BY THL- C[TY OF WIiL"AT RIDGE FOR THE LENA GULCH URAINAGEWAY AS EVIDENCED UY ORDEi FOR iMMED1ATE POSSESSION RECORDED OCT0f3ER lU, 198U QT RECEPTION NU. SUUIG175 0 i'IiE JEFFERSON COUNT'f RECORDS. 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303)234-5900 City Admin. Fax # 234-5924 October 7, 1994 The Wheat Ridge Depa for amendment to a p Your response to the would be appreciated date will constitute Police Dept. Fax # 235.2949 ~he City of Wheat Ridge rtment of Community Development has received a request fanned Resid n ~a1 Dav lopment Outline Plan _ - at the property described below. following questions and any comments on this proposal by n~tnber 21, 1994 No response from you by this no objections or concerns regarding this proposal. CASE NO: WZ-94-14 LOCATION: 10241 West 38th Avenue REQUESTED ACTION: Amend Planned Residential Development Plan to allow single-family residential at six (6) units per acre. PURPOSE: APPROXIMATE AREA: 20 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO _ If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? - YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? j~(e~ a,/ Please repl to: " y /,l~ti Reckert 235-2848 apartment of Plan ing & Development DISTRIBUTION: XX Water District (Consolidated Mutual Jefferson Co. Health Dept. XX Sanitation District (Westridgd Jefferson Co. Schools XX Fire District (Wheat Ridge Jefferson Co. Commissioners Adjacent City ( ) Denver Water Board XX Public Service Co. W R Post Office XX US West Communications XX W R Police Dept. XX State Land Use Commission XX W R Public Works Dept. State Geological Survey - XX W R Parks & Recreation Com. Colorado Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife W R Building Div. XX TCI of Colorado <pc>referralform Co r;„~. i.d r„~~,.~ M N N ~ ~ °m ~ ~ ~ v ~ ~ ~ 00 D Z 2 ~ N N ~ N Vl Zy0 D D ~mm N C C ~ O a a r Z Z C ~ W ~ 2 O m< 'l ~ Z C ; ~ A m ro N y O N m y ~ c m z ~N~ ~~o~~ ~O y o ~ .~. _ ~ ~ m O ~ o v ~ T1 g y o ~ ; ~ D ~ z D ~ ~ O ~ ~ ~ ~ L m ~ ~ ~ m ~ I j N ~ y D O m y 0 z ~ 61 O ONO- .~ S C ~ m O G m O N V O O K O V ~o z We ~ -I ~ N O k~ ~ ~ ''D Z ~ m m m~ Q ~~ czi y f ~~ ~` ~ o ro L~ N ..' v A ~ 'oo v~ ~ ~ ~ ~ Z z y .~ ... ~ O A J O ? O C> W N ~ N_ K K _ -+ W N K K K K O A V 0 Flo O v O ~ a a, ~ .+ D O C Z N O n x r z a 0 z x b 0 r t~ d 0 b z a b r z ,•' . ;;.' .. ~~f . .g,,~ ~ Iwr.x r u ~.K\\1~ ~~WS ~ iii 'u/F`+T ~jSn'`~ AYBNl~E ' ~Iif_~r,('~X I I II 1~1~1" ' ~ ,\ \ ~ V l\ N I ~ ~ :,~,I; ~.... ~~.. I I;? d;.G,1 . ~3 £ £ ~ `{ 3 ~ Y;U ,t, '' ~~ m •~''~ ••~- '~ :..~ ~ .. ?a; a ~~• r " •t',, ~~ ~ ~ 4~\ a~~j 1 `, • ~• ~ I~ x , rte... ,~. ~ l~. ~ ~ ~.~ ~~ 1 q.(~ ~F( ~ I, U SIN '~~ ] ^~ C ~~ o ,I, ~ I . _ - tl .. n~m \ I~ '~g IIII(((F \ i. Fo ' m~ m~~o ~ ~~ g~ ~ •,.~- .i orn.. ~ I II i\I ~ i' I I I ., •. I •6~ ~ ^Y i y ~ tNl l[ z pp N AI i ~ :';. ~r H1 B Ci ~ t pp ~~ 3M c ' 4'~~ ' '3AY 1 ~.1 B .IP Naf ~,g s m~ ez r ~l}I~flT ~IDG~ ~IR~ ~~OT~C~IOD DISI~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 Date: October 21, 1994 To: Meredith Rechert, Department of Planning & Development, City of Wheat Ridge. From Dave Roberts, Fire Marshal, Wheat Ridge Fire Protection District. Subject: Case No.: WZ-94-14 Location: 10241 W. 38 Ave. Requested Action: Amend Planned Residential Development to allow single-family residential at six (6) units per acre. Dear Meredith: After a review of the resubmitted plan for this location, I am requesting the following items be addressed by the developer regarding our concerns: 1. It is my understanding that this project is to be continued as a closed community. As such, the issue of emergency access in to the development needs to be re-addressed by the developer. The emergency secondary access fire lane will also need addressing regarding obstructed entry. 2. The current design of the culdesacs' do not meet the required turn radius for emergency equipment and will need to be redesigned. 3. The issue of parking on street is again at hand and needs to be addressed regarding the 28 foot roadway that would be reduced to approximately 20 feet with parking allowed on one side only. The issue of enforcement regarding parking on street needs to be addressed. 4. Maintenance of the private streets needs to be addressed particularly with the issue of inclement weather conditions that may hamper accessibility. 5. Be advised that there may be a requirement for installing fire sprinkler systems in each of the buildings. Have developer contact Fire Marshals Office to resolve this particular issue. 6. The Wheat Ridge Fire District reserves to right to comment and act on any changes, alterations, additions, or deletions unforeseen and or not mentioned at this time regarding this project . The developer can contact the Fire Marshal Office at 424-7323 regarding the afore mentioned issues. I will be happy to meet with them at their request. R~espe¢~ctfully, -Dave Robe Eire Marshal Wheat Ridge Fire Protection District cc:file 7500 GUEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 City Ad min, Fax # 234-5924 October 7, 1994 The Wheat Ridge Depa for amendment to a P Your response to the would be appreciated date will constitute CITY ~F WHEAT RIDGE The City of D ~'~~ ~ Wheat I lli e Dept. Fax # 2 - 949 Ridge PLANNING & DEVELOPMENT etment of Community Development has received a request IannaA RociAani-lal D4j ~A pm ant (h7}1lnP Plan at the property described below. following questions and any comments on this proposal by OctohPr 21, 1994 No response from you by this no objections or concerns regarding this proposal. (; CASE NO: WZ-94-14 LOCATION: 10241 West 38th Avenue ~. REQUESTED ACTION: Amend Planned Residential Development Plan to allow single-family residential at six (6) units per acre. PURPOSE: ~~~1. 2. -~3 . OXIMATE EA: 20 acres S ~/ti'tuvL AreJpubli facilities or services provided by your serve t s development? .4n eX-~~, ~+~t o S~wG~^ y YES NO If "NO", please expl~in below. agency adequate to f Karns a~ff lfle re~vrreC d~ et- Are service lines available to the development. YES NO If "NO~"t, plea a expia' below. SP~vic~ liy~es o_-~^,e }-fie ,v'e5 ~-x5~~~ o~ Iua~y~G~i.+.~ 4mh,..ri~oPS Do you h e adequate c pacities to service the development? YES NO If "NO", please explain below. 4. Can and wi 1. your agency service this proposed. development subject to your r~u ~s and regulations? YES V NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified?~ +no--,tee (oee.t ~ 1q~~-~s~se pp'w~ ''DnA,-,c .,e~,~.~caper cues. -rl,es~ ~-~ce.~~.~ Please reply to:'l~'l.F%LT.(a~"1~~1t~U~ ~ ,~"M. Reckert 235-2848 DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridgd XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications. XX State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX_W R Public Works Dept. XX W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Ce r,,, a 6.r+•~n~, 7500 WEST 29TH AVENUE O BOX 638 r~ary of P. . WHEAT RIDGE. CO 80034-0638 (3031 234-5900 cwhe at City Admin, Fax # 2345924 ~ Police Dept. Fax # 235-2949 Ridge October 7, 1994 The Wheat Ridge Depa~ for- amPndmPnt to a P: Your response to the would be appreciated date will constitute CASE NO: WZ-94-14 :tment of Community Development has received a request armed Resider ~a~ Development Ontl;na Plan ' at the property described below. following questions and any comments on this proposal by n~{~b~, 1994 No response from you by this no objections or concerns regarding this proposal. LOCATION: 10241 West 38th Avenue REQUESTED ACTION: Amend Planned Residential Development Plan to allow single-family residential at six (6) units per acre. PURPOSE: APPROXIMATE AREA: 20 acres 1. Are publi facilities or services provided by your agency adequate to sexve 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 ave 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 v 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: ~~ Recker 235-2848 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 XX State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI o£ Colorado apartment of Plan ing & Development Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners /~ ~ Denv ter Board Police Dep . >_c or s Dept. XX W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform ca r.„~i„n•.y., MEMORANDUM Approved Date, TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ~, DATE: October 17, 1994 SIIBJECT: 10241 W. 38th Avenue - WZ-94-14 The Public Works Department has reviewed 'the site plan submitted for the above referenced project, and has the following comments: 1. We will need a drainage study. • 2. We will need an erosion control plan. 3. We will need a subdivision plat. 4. We will need construction drawings for the improvements being proposed. In particular, these plans will need to identify clearly the north side connection to the existing roadway. The private drive flowline to flowline width must match the existing 34 foot flowline to flowline width. Also, more detailed information needs to be provided for the access. shown on the east side of the development.- Finally on the W. 38th Ave. frontage, left turn and accel-decel lanes must be provided to insure that turning vehicles will not impede through traffic. 5. The note on the schematic site plan needs to changed to read: "All private streets to conform to City of Wheat Ridge structural standards." 6. We will need a copy of the State approved NPDES permit. 7. We will need verification regarding the location of this development to the 100 year flood plain boundaries located in this area. GWK cc: Glen Gidley, Planning & Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician - ~ CITY QF WHEAT RIDGE . _ ~ OCT2 4 1994 PLANNING & DEVELOPMENT October 20, 1994 Ms. Meredith Reckert- Department of Planning and Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, California 80215 Re: City of. Wheat -Ridge Case Number WZ-94-14, 10241 West 38th Avenue, proposed Amended Planned.Residential Development Outline Plan Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated October 7, 1994 regarding the above referenced.project. We sent you a letter on February 25, 199.4 regarding this project and our comments remain the same (copy enclosed). If you have give me a call,- any questions or need further information, please. Sincerely, Michael E. Queen Water Distribution Manager MEQ:jl cc: Walter Welton, PLS/PE, CMWCo President John Alleci, CMWCo Engineer THE CONSOLIDATED MUTUAL WATER COMPANY 12'001X'est ?7th Avenue Y.O. Box Ij0068 Lakewood Colorado 8021] Telephone ?38-0-i 51 Pax ?3?-j560 *r ~ i m Public Service° Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 80204-4714 November 1, 1994 City of Wheat Ridge 7500 West 29th Ave. P. O. Box 638 Weatridge, CO 80034-0638 Public Service Company acknowledges receipt of the preliminary plans for 10241 West 3$th Ave #WZ-94-14 PROJECT TITLE After reviewing the proposed plans of the above-named project, we would like to suggest that the following requirements be indicated on your final plot plans and so indicated in the dedication: Eight-foot-wide easements are hereby granted for the exclusive use of electric, telephone, gas, cable television and postal facilities. These easements are located on private property immediately adjacent to both sides of all platted roadways. Other utilities shall have the right to cross at substantially right angles, but in no event shall any water meters, other structures, trees or shrubs be allowed in the above-described areas. Concrete driveways and sidewalks are permissible as long as they cross at substantially right angles and do not exceed 26 feet in width. Other additional easements may be required when the developer builds and points of service become known. Approval of electric and/or gas service to this subdivision is subject to Public Service Company of Colorado rules, regulations and tariffs on file and in effect with the Colorado Public Utilities Commission. If you have any questions regarding the above subject matter, please contact Teresa Wilson at 571-3735. e~.~.. Chester Hurd Unit Manager -Right of Way ^C;I`TY OF WHEAT Rl`DG~` ;~ _.rn~ NOV 0 7 1994 PLANNING & DEVELOPMENT P.O. BOX 638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cWheat Ridge September 22, 1994 This is to inform you that Case No. wZ-94-14 which is a request for approval of a rP~on;na from Planned Residential Dev. to revised Planned Residential Development and approval of a revised n„+l inc ri ~ lnnmo + elan for property located at _1n941 w 98th Avg ~ ~a~s M;llar -- will be heard by ,, the Wheat Ridge Plann;na Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. „ on nrtnr ,- 6y l Aaa All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning ('nmmicainn, _ _ As an area resident or interested party, you have the right to attend this Public Tiearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform `The Carnation City" 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 Councii 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 H ~ ; NOTICE OF PUBLIC HEARING Notice is hereby given that.a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on October 6, 1594 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 for property located at 3637 Upham Street. Saki property is legally described as follows: 26~,TTOWNSHIpNORSOUTHT 1RANGEF69HWESOTROFETHE 6TH PRINCIPALN 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: B1478~5IFEETTWEST OFTTHE NORTHEAST CORNERFTHEREOFECTHENCE6 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 NOIN894~.JSERIESSH1992o RECORDEDOAPRILS30AC199D2 UNDERINANCE RECEPTION NO. 92049394. 2. _ _ ~WZ-94-14c An application by_St. Ives Realty for "" Raymond Michael Easley"and J. Glenn and Helen-Arih Huitt fdr approval of a,rezoning 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 feet 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 Southwest Quarter of the Southeast Quarter of Section 21, Township 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. (.'aGP No. WZ-94-15: An application by the City of Wheat Ridge for rezoning from Planned Residential 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 road 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 Recept•io No: 80076775 of the Jefferson County records. ~ Sandra Wiggins, etary ATTEST: Wanda Sang, City Clerk To be Published: September 20, 1994 Wheat Ridge Sentinel c:\wp60Miles\pc10694.phn PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-94-14 _ DATE: 10-06-94 REQUEST: Case No. WZ-94-14: An application by $t. Ives Realty for Raymond Michael Easler and J. Glenn and Helen Ann Huitt for approval of_a rezoning 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. X x Position Please o c Request eck SPEAKER NAME AND ADDRE SS (PLEASE PRINT) IN F VOR OPPOS E D ~~ ~~ G~J"'L~~ ~~^" ~ j . ~' t:~'~ ' ~ ? f/ f~.~Ii' ~i~~l~~ o G~ ~ ~ ~ ~ r- ~ i ft ~ 1S ~ N-s'o,ti _ ~3 - I~S ' ~1 G ~" J Gf1N ~l4 z z - ~'~ i ~ CITY OF WHEAT RIDGE Planning Division Staft Report TO: Planning Commission DATE OF MEETING: November 3, 1994 DATE PREPARED: Oc)ober 26, 1994 CASE NO. & NAME: WZ-9414/St. Ives CASE MANAGER: Meredith Reckert ACTION REQUESTED: Rezone from PRD to PRD and approval of a revised outline development plan LOCATION OF REQUEST: 10241 West 38th Avenue and 3975 Miller Ct. NAME & ADDRESS OF APPLICANT(S) City of Wheat Ridge NAME & ADDRESS OF OWNER(S) Raymond Michael Easler J. & Helen Huitt 6325 Depew Ct, Arvada 3975 Miller Ct, Wheat Ridge APPROXIMATE AREA: 21.7 acres PRESENT ZONING: Planned Residential Development PRESENT LAND USE: Single family residential/vacant SURROUNDING ZONING: N: A-1, R-2; S: PRD, R-1, C-1; E: PRD; W: R-3, PRD SURROUNDING LAND USE: N: low density, vacant; S: multifamily, commercial; E: low density, vacant; _ W: multifamily, low density COMPREHENSIVE PLAN FOR THE AREA: Low density residential/multiple use DATE PUBLISHED: September 20, 1994 DATE POSTED: September 22, 1994 DATED LEGAL NOTICES SENT: September 22, 1994 AGENCY CHECKLIST: (XX) () NOT REQUIRED RELATED CORRESPONDENCE: (XX ) ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE () SUBDIVISION REGULATIONS () NONE ( XX } CASE FILE & PACKET MATERIALS () SLIDES (XX) EXHIBITS () OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, 4herefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WZ-9414 1. REQUEST This case comes before you pursuant to Wheat Ridge Code of Laws, Sec. 26-25(V)(B)(c) which requires staff to bring back recently approved development plans which have not been submitted for recording within 60 days of approval. These two properties and the seven-acre parcel directly to the east were rezoned from A-1, R-1 and R-2 to Planned Residential Development pursuant to Case No. WZ-943. Now, the owner of the eastern most property does not want to participate in the zoning. The approved outline plan, which legitimizes the zoning, cannot be recorded. The original outline plan was approved for 140 patio homes on 28.7 acres with gross density at 4.9 units per acre gross {including streets). There is an existing residence on the Miller court property which will remain. Although it is excluded from the PRD zoning, it will need to be included as part of the final plat to legally separate it from the remainder of the property. The house located on West 38th Avenue will be demolished. 11. OUTLINE PLAN At this time, the developer is requesting approval only of a revised PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed depvelpopetyd, establish allowable densities and major access points. Prior to any construction on the roe a combined final development plan and plat must be approved by Planning Commission and City Council. The applicant is proposing an outline plan which would allow up to 127 single family homes on 21.7 acres for a gross density of 5.8 units per acre. Since the interior streets are private, they have been included in this calculation. For comparison purposes, the gross density for standard residential zone districts are as follows: Gross Density Net Density (includina streets} _ excludina streets R-1: 2.90 du(a 3'`~ R-1A: 4.03 duJa 4.84 R-16: 4.84 duJa 5.81 R-1C: 6.97 duJa 8'71 This is proposed to be a gated community with a single access point off of West 38th Avenue. A gated entrance with guard house will allow cars into the development. A secondary access point at the northwest corner of the project is provided for emergency vehicles and pedestrians. No information has been provided regarding minimum lot sizes except that there is a conceptual breakdown of 63 "larger lots" and 64 "smaller" lots. It appears that the homes may range in size from 1400 square feet to 1800 square feet with two-car garages. Parking pods for visitors are scattered throughout the development. Aside from ROW dedications for Miller Court (10 feet) and West 38th Avenue {10 feet) all streets within the development will be privately owned and maintained. The developer is proposing a 28-foot-wide built Planning Division Staff Report Page 3 Case No. WZ-94-14 Aside from ROW dedications for Miller Court (10 feet) and West 38th Avenue (10 feet) all streets within the development will be privately owned and maintained. The developer is proposing a 28-foot-wide built street with parking and sidewalks on one side. There will be walking paths throughout the development and a common enclosed cabana area. The responsibilty for maintenance of these common areas and private streets will be a responsibility of the homeowners association. A right-of-way vacation for that portion of Miller Street that lies within the subject site will occur at the time of final plat. A six-foot-high screening fence with perimeter landscaping will surround the development. Although this is only the outline plan stage, there has been enough detail provided which has allowed staff to point out potential areas of concern with the plan presented. Those areas of concern include the following items: • An accel/decel lane will be required along West 38th Avenue. • The perimeter wall along West 38th needs to be set back behind the back of walk to accommodate landscaping on the outside of the fence (15-20 feet). • The lot at the very southwest corner of the property (i.e., west of the entrance island) should have a landscape buffer from the main entrance similar to that on the east side of the entrance. This pod of four lots should be reduced to three to accommodate the landscape buffer. • The common recreation area with the enclosed cabana should be increased in size. • A larger landscaped buffer needs to be provided along Miller Court. • The number of lots in the southern pod adjacent to Miller Court should be reduced from seven to six. • Curb, gutter and sidewalk will be required along Miller Court. • The 30 foot fire lane at the northwest corner of the property needs to be designated as a pedestrian/bike path as well. • There should be no street connection from the development north to West 41st Avenue. This should be designated as a pedestrian/bike path only. • The lots at the northeast corner of the property adjacent to Miller Court should be larger and the number of lots should be reduced. • The private streets should conform to City standards rather than Jefferson County standards. • Design parameters regarding minimum lot sizes, minimum setbacks, maximum coverage are needed. • A note regarding a possible future connection to West 40th Avenue to the east should be added. Planning Division Staff Report Page 4 Case No. WZ-9414 Turn radii around parking pods appears inadequate for emergency vehicles. A landscaped buffer should be provided along the common property line with the Huitt residence (at 3975 Miller Court). All other requirements for an outline development plan need to be added to the document. Staff has discussed this list of comments with the applicant who indicated how the following items will be handled: • The requirement for an accel/decel lane has been acknowledged. • The landscaped buffer along West 38th Avenue will be increased in size and be designed to be an attractive gateway to the development. • The common recreation area with the enclosed cabana with be increased in size. • The landscaped buffer along Miller Court will be increased. • The fire lane will also be designated as a pedestrian/bike path. • There will be no vehicular connection from the development north to West 41st Avenue. It will turn to the west into the emergency access. • A potential future connection to the Weller property and West 40th Avenue has been acknowedged. • The turn raddii around the parking pods is inaequate but all lots will be serviceable by fire trucks. They will continue working with the Fire District to resolve this question. The turn radii are adequate for ambulances. • The applicant recognizes the fact that they will lose several lots. However, when and where that happens will be an issue which will be resolved at the time of final plat. A plan which has been redesigned to address the comments noted above will be presented at the Planning Commission meeting. MEETING A meeting for neighborhood input was held on October 18, 1993. Those attending were: Meredith Reckert David Dertina Jody Dertina Mike Easter J. Huitt Kevin Gilligan Dale Jernberg Dan Benson Gretchen Cerveny Nancy Snow Staff Applicant Applicant Owner Owner Builder 4025 Miller Ct 4045 Miller Ct 3425 Moore St 11155 West 40th Ave In general, those neighbors in attendance were supportive of the design concept, although they felt more detail needed to be provided. There was concern expressed regarding the increase of density from 4.9 units per acre for the original proposal to 5.8 units per acre with this submittal. Subsequent to the neighborhood meeting, Dan Benson, owner of 4045 Miller Court, contacted Staff in regard to 4he increased density. As a representative of four property owners along Miller Court, he Planning Division Staff Report Page 5 Case No. WZ-94-14 indicated that they feel 5.8 units per acre is too dense but would support 5.4 units per acre. Please refer to attached Exhibit "C~. N. CRn-ERIA 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 this property as low-density residential multiple use. Low density residential is defined as containing from one through seven dwelling units per acre. Multiple use is defined in the Comprehensive Plan as including "a mix of residential, office and/or retail commercial uses, and parks and open space, and public/semi-public uses to be developed in a manner which insures compatibility between uses within multiple use areas and adjacent uses, especially where adjacent to low-density residential uses. Industrial uses are specifically prohibited." The proposed gross density of 5.8 units per acre is in conformance with the low-density designation. ft would also be consistent with multiple use concept as well. 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. Development surrounding the property includes R-2 zoned, single-family residences and duplexes and a small piece of undeveloped A-1 land on the north. To the west is asingle-family neighborhood with R-3 zoning with a density of roughly 5.8 units per acre. Amulti-family project with a density of 9.7 units per acre adjoins this land on the southwest. C-1 property abuts the property to the south of West 38th Avenue. To the east is PRD-zoned property subject to reversion back to R-1 per Case No. WZ-94-75. 3. That there will 6e social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will be economic benefits derived by an increased property tax base and increased buying power within the community. 4- That adequate infrastructure/facilities are available to serve the type of uses albwed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities can serve the property with the infrastructure improvements discussed under Section V. Planning Division Staff Report Page 6 Case No. WZ-94-14 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 IigM and air to adjacent properties. Thee will be minimal impact to the public street system except for West 38th Avenue. Public Works will require aten-foot right-of-way dedication along that stretch plus the construction of a continuous accel/decel lane. Storm drainage on the property will flow directly to Lena Gulch. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned (R-1, R-2 & A-1), however, the planned development proposed creates a more integrated neighborhood and allows better use of the land form. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas Approval of this request would not constitute spot zoning as the property is abutted by residentially- zoned property on three sides. 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 facilRies especially appropriate at the location, considering available afteroatives. There is an apparent void in the market for single-family residential units on smaller lots. This is the first proposal of this type in the City. Staff concludes that the criteria used to evaluate a rezoning support approval of this request. V. AGENCY REFERRALS Consolidated Mutual Water District can serve. The easement at the northwest corner of the property extending west to Miller Court will have to be 30 feet wide with a paved surface or a 50-foot-wide "soft" surface. Westridge Sanitation can serve the property. A 15-foot-wide easement for sanitary sewer has been obtained to reach West 41st Avenue to the north. Jefferson County School District reviewed 4his request as a typical development rather than a project marketed toward "empty nesters". They indicated that schools serving the development are currently inadequate, however, future improvements should lessen the problem. Wheat Ridge Fire District will require more detail regarding the secondary access from Miller Court. The plan presented has inadequate turning radii around the parking pods. The District is concerned that the 28-foot-wide road width with parking one side will not provide enough room for emergency vehicles to get through. Based on inadequate fire access, there may be a requirement for each of the houses to be sprinklered. The Park and Recreation Commission will require an easement for a trail access along Lena Gulch. They would like to see the pedestrian connection from West 384h Avenue north through the Jefferson county Planning Division Staff Report Page 7 Case No. WZ-94-14 Housing Authority property to continue north along Miller Court (as sidewalk), west along West 41st Avenue to Miller Street extended, and north to West 41st Avenue. The Police Department is requesting that internal addressing follow the metropolitan grid system. They are requesting 24hour access to the property. Tickets can be issued for on-street fire lane parking violations on private streets. Public Works will require a drainage plan and report. An approved NPDES permit is required. At the time of final plat, ten-foot right-of-way dedications occur for Miller Court and West 38th Avenue. A right- of-way vacation for Miller Street will also occur at that time. West 41st Avenue needs to be designated as being for emergency vehicle access, pedestrian access and utilities. In general, Public Works does not object to the internal private street system as long as the streets are constructed to the City's standards for local streets (i.e., pavement thickness). Because of the reduced width, they need to be designated as fire lanes and posted for no parking. On one side, provisions for maintenance, repair, snow removal, etc., must be assured. VI. STAFF CONCLUSIONS Staff concludes that the proposed zoning and outline development plan are compatible with adjacent zoning and land use and are consistent with the Comprehensive Plan. Staff further concludes that the private street concept is workable if adequate provisions are made for police and fire protection, snow removal and street maintenance and repair, and parking. Based on the conclusion that the criteria used to evaluate a zone change supports this request, a recommendation of Approval is given for Case No. WZ-9414 with the following conditions: 7. All requirements for an outline development plan be met. 2. At the final plan and plat stage, the street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 3. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 4. The overall density should be reduced to 5.4 units per acre. VII. RECOMMENDED MOTIONS Planning Commission has a variety of options to chose from as to how to deal with this proposal including the following: • Approval • Approval with conditions • Denial • Continuance to allow further negotiations with the neighborhood • Continuance to allow negotiations with the property owner to the east (i.e., approval of the old plan) For this reason, Staff has provided a variety of optional motions: OPTION A: APPROVAL Planning Division Staff Report Page S Case No. WZ-94-14 "I move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. OPTION B: APPROVAL WITH CONDITIONS "1 move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be Approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following conditions: 1. All requirements for an outline development plan be met at the final plan and plat stage. 2. At the final plan and plat stage, the street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 3. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 4. The overall density shall be reduced to 5.4 units per acre." OPTION C: DENIAL "I move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be Denied for the following reasons: 1. 2. 3. " OPTION D: CONTINUANCE "I move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be Continued so the developer can pursue negotiations with the neighborhood regarding density and design issues." OPTION E: CONTINUANCE "I move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller ! i Planning Division Staff Report Page 9 Case No. WZ-9414 Court be Tabled for no longer than six months to allow time for the owner to the east (Weller) to either develop a different proposal or to rejoin with the St. Ives proposal. If no submittal for the Weller property is received by Staff during this six month period, this case shall be removed from the table and acted upon." c:,wp60~pc~wz9414.s r c' Ives Exclusive Residential Real Estate 200 Union Boulevard Suite 430 Lakewood, Colorado 80228 TEL. (303) 986.9499- -.. FAX (303) 932-1142 -- ®. October 11, 1994 Dear Neighbor: CASE NO. WZ-94-14 EXHIBIT 'B' As you are aware, we have been required by the City of Wheat . Ridge to go back through the zoning process since we have removed one of the adjoining properties from our development plans. We are still planning to build single family detached patio homes on the Easler and Nuitt properties which will total about twenty two acres. , We are now going to request the city to allow a density not to exceed six homes per acre which is well under the maximum density of seven to the acre as allowed for single family zoning: This is NOT a condo or townhouse project. We still plan to build a private gated community of detached single family patio homes. We are-not building big homes and so we do not need big lots or our pricing will become too high for the area. Most,of our buyers will be older and no longer in need of a big home and yard to take care of. The only real change to our previous plan which had been approved by the city. is about half of our lots have been scaled . down slightly. to provide for a smaller dimension house. This will now give us the;opportunity to offer a more affordable smaller single family home for many of Wheat Ridge's retired citizens:, - _: ` A neighborhood meeting is planed for next Tuesday October 18th. at 6:30.p:m: st Wheat Ridge City Hall, 29th and Wadsworth.: We inJite you to come and see our proposed site plan. lvITY E3F tNk#EkT RIDGE t~nn nr~ OC712 1994 . L~U PLANNING,& DEVfrL~PMENT CASE NfO. WZ-94-14 EXHIBIT 'C' M E M O R A N D U M TO: ase File WZ-94-14 FROM: Glen Gidley, Director of Planning & Development RE: Neighborhood Meeting Feedback DATE: October 24, 1994 I received a call today, October 24, from Mr. Dan Benson indicating he represented the views of several adjacent neighbors on Miller Court. Several of them attended the neighborhood meeting on this zoning application. Afterwards, they met as a group and agreed as follows: 1. 5.8 units per acre is unacceptable density. 2. 5.4 units per acre-would be acceptable to them, not to exceed 117 units.- 3. If the applicant stays with any request more than 5.4 u/a (117 units) they will file a°Lega1 Protest. GEG:slw cc: Meredith Reckert, Planner ~ . *~ ~ ~J Yr 4 ~ \\ sueeea wALC I r~o' t t .I7, '9 ~ I I / / \_~ / ~ ~~ . 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'^~ q ~.. a p -r ~~p $ ,~'S 5 r ~ n.r :Jn rowssWP35euN. R•nge a9 wen. 3`yao ~~ ' .~tiyH &~ !~E iSd rnf I~y ar ) ~~ z.e~ I~ x _.I4 0 y --- Vt ~' F=~ dEl } ~ i ii{ ~ Ems ii' ~ ~_ fi ~~. tii ~ ~e R ~ Iii i ~ / ! / 7y ~~ 6 i i %'J I i' i ~~ Crl ~J ' /i ! ~~ ',7y j iii - tom. ~ ~ ~ ~ i ~ i E~~ 6• [` 31 P"E r iz ~~~p E~~ ~ 5 ~ ~ - ~ o: ~ r Y §ii~~i:d§Y~K . i ~r~ ~o ~i y; i .~i~ . r {~f ~ r f iE~ a ........... ~~ l`+~ jr~e ~~~iG ICE€ei~S'i•j'E ; i € r ~ ~ m 0 A~i 3rd (s'~ ~~ii2~ rt~3 f Etd~lt'E i€ iS I ~==j '~~i3i`a C Z Q ~ 6~ i ~~~1 3 tl~`Z ~~Si ~i pEtE' M ~, } ~tF ~ ~ I.rE ~ _ ier~~ i R ids;... .f.... ` ~ ' ~ N " ` [~ ~~ ~ ~ { t ~ s ~ ~fi~ ~ Ef ~ a ~ t ~~` f,< :a ~i ~ , i ~ rv PUBLIC HEARING SPEAKERS' LIST CASE NO: WZ-94-14 - DATE: November 3, 1994 REQUEST: An application by St. Ives Realty for Raymond Michael Easler and J. Glenn and Helen Ann Huitt for approval of a rezoning 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 SPEAKER NA M E,AD DRESS & PHONE. (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED j ~ ~ ~~ ~"- r ~ ~. )77 /Z.2 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 2ND READING ORDINANCES FOR _ INFORMATION ONLY PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: -Case No. WZ-94-14/St Ives Realty SiJMMARY/RECOMMENDATION: Consider a rezoning from Planned Residential Development to a revised Planned Residential District for property located at 10241 West 38th Avenue and 3975_ Miller Court and for approval of a revised outline development plan. ATTACHMENTS: 1) Council Bill No. 2) 3) BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount 5 Requested Expend~~ Requires Transfer/ ~~ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bill -- be approved on first reading, public hearing.be set for_Monday,-October 24,_1994, at 7:00 p Chambers, Municipal Bldg., and if approved oI after final publication. ordered published, .m. in:"'City Council ! ~ INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1994• TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED RESIDENTIAL DEVELOPMENT TO A REVISED PLANNED RESIDENTIAL DEVELOPMENT DISTRICT ON LAND LOCATED AT 10241 WEST 38TH AVENUE AND 3975 MILLER COURT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE,CITY COUNCIL OF THE CRY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by St. Ives Realty for Raymond Michael Easter and J. Glenn and Helen Ann Huitt for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-9414 and based upon recommendation for approval 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 Planned Residential Development district and to. include in a revised Planned Residential Development district the following described land: 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 feet 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 Southwest Quarter of the Southeast Quarter of Section 21, Township 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: Ordinance No. Page 2 Case No. WZ-9414JSt. Ives Realty A part of the West one-half of the Southeast one-quarter of the Southeast one- quarter (W 1J2 SE 1/4 SE 1J4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast corner of said W 1J2 SE 1/4 SE 1J4; 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. 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. Section 3. Condition. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and -shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 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. Severabilitv. 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 6. This ordinance shall take effect days after final publication. Ordinance No. Case No. WZ-9414/St. Ives Realty Page 3 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: -5G0 WEST 29TH AVENLE P.p. Eox s3s - ~ - _ The City of{{.. WHEAT R1DGE. CO SG034-Co36 '~~ ~ ~ - 303) 234-590G - V i' ~eal City Aom!n. Fax ~ 234-5924 Police Dept. Fax # 235-29-9 ~ ~1C~gPi October 31, 1994 This is to inform you that Case No. w~-44-14 which is a request for a royal of a rezonin from Planned Residential Dev. to revised Planned Residentia Deve opment an approval o a revised outline development plan for property located at 10241 West 38t Avenue and 3975 Miller Ct will be heard by the Wheat Ridge ~~tv C'o~n ;~ in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.00 p.m. on Novem er 14 1 94 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the As an area resident or interested party, you have t}~e 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 rro, ~. r~~~~ n.,n~" 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 o~ 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 10398 West 41st Avenue Wheat Ridge, CO 80033 November 11, 1994 Glen Gidley, Planning Director Planning Division City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80034 Re: Rezoning of the Easler and Huitt Property for Saint Ives Real Estate Dear Mr. Gidley: Please understand that the property owners on West 41st Avenue and north of the above Easler and Huitt Property, do indeed wish to see the Saint Ives project be approved but we see no reason to exceed the 4.9 units per acre as was approved by the Planning Commission on April 7, 1994 and approved by the City Council on June 13, 1994. The fact that Mr. Weller has withdrawen his seven acres is not a justification to increase the unit per acre count. Find enclosed a report from the City of Arvada, wherein the density was lowered from 4.6 units per-acre to 3.6 and 3.9 units per adze for a similar type project. The prices will range from $115,000 to $200,000, so if it can be done in Arvada, why not in Wheat Ridge? Thank you far your consideration in this matter. Sincerely, J~~ P/hi/1 P umme~ry~ CITY OF WHEH7 f21DGE PIn:,~ 1 ~ 1994 ~. w~ `4~ ~ ~..~SI~ PLANNING « DEVELOPMENT DRAFi~ CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: W-94-14 LOCATION: 10241 West 38th Avenue 3975 Miller Court APPLICANT(S) NAME: City of Wheat Ridge/St. Ives Beatty OWNER(S) NAME: Raymond Michael Easer/J. Glenn and Helen Ann Huitt REQUEST: Approval of a rezoning from P R D to a revised P R D District and for approval of a revised Outline Development Plan APPROXIMATE AREA: 21.7 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner LANGDON, seconded by Commissioner JOHNSON, that Case No. WZ-94-14, an application by the City of Wheat Ridge and St. Ives Realty for approval of a rezoning from Planned Residential Development to a revised Planned Residential Development District and for approval of a revised Outline Development Plan for property located at 10241 West 38th Avenue and 3975 Miller Court be Approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following condition: 1. A pedestrian connection be constructed from West 38th Avenue, north through the Jefferson County Housing Authority property, north along Miller Court (as sidewalk), west along West 41st Aveue to Miller Street extended, and north to West 41st Avenue. VOTE: YES: Eckhardt, Williams, Owens, Rasplicka, Langdon, Crumpton and Johnson NO: None Certificate of Resolution Case No. WZ-94-14 DRAFT Page 2 I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 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 Third day of November, 1994. WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION c:~wp60~pc~WZ9414.res City of Wheat Ridge: ~~~ ~ 1 zog3' ~~~ °---~°__ We the undersigned owners of property adjacent to Rezoning Case WZ-94-14 and named St. Ives hereby submit a "Legal Protest" to a rezoning of this property to any density higher than 106 units or single-family homes on this 21.7 acres with a gross density at 4.9 units per acre including streets. This is not a "Legal Protest" if this 21.7 acres is rezoned for the 106 units or at the 4.9 units per acre or less as was originally proposed, approved by the Planning Commission on April 7, 1994 and approved by the City Council on June 13, 1994. Name Address s+~ ~O /OD ~ ~/ /O~IDw ~~ ~o%,~ ~/ /~Iqn w y(S~- ~Jl.e<n~~' ~~ City Date //-//-9~ %~/i ~~ -~~~ J ~ ~. i~ ~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: November 14, 1994 DATE PREPARED: November 4, 1994 CASE NO. & NAME: WZ-9414/St. Ives CASE MANAGER:~eredith Reckert ACTION REQUESTED: Rezone from PRD to PRD and approval of a revised outline development plan LOCATION OF REQUEST: 10241 West 38th Avenue and 3975 Miller Ct. NAME & ADDRESS OF APPLICANT(S) City of Wheat Ridge/St. Ives Realty NAME & ADDRESS OF OWNER(S) Raymond Michael Easter' J. & Helen Huitt 6325 Depew Ct, Arvada 3975 Miller Ct, Wheat Ridge APPROXIMATE AREA: 21.7 acres PRESENT ZONING: Planned Residential Development PRESENT LAND USE: Single family residential/vacant SURROUNDING ZONING: N: A-1, R-2; S: PRD, R-1, C-1; E: PRD; W: R-3, PRD SURROUNDING LAND USE: N: low density, vacant; S: multifamily, commercial; E: low density, vacant; W: multifamily, low density COMPREHENSIVE PLAN FOR THE AREA: Low density residential/multiple use DATE PUBLISHED: October 5, 1994~~`A _~ ~~ W_____-v~A-~~-~~- DATE POSTED: October 31, 1994 DATED LEGAL NOTICES SENT: October 31, 1994 AGENCY CHECKLIST: (XX) () NOT REQUIRED RELATED CORRESPONDENCE: (XX) () NONE ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN ( XX) ZONING ORDINANCE () SUBDIVISION REGULATIONS () OTHER ( XX) CASE FILE & PACKET MATERIALS () SLIDES ( XX) EXHIBITS e --- JURISDICTION: __ . _ _ , __ _ , The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-9414 REQUEST Page 2 This case comes before you pursuant to Wheat Ridge Code of Laws, Sec. 26-25(V)(B)(c) which requires staff to bring back recently approved development plans which have not been submitted for recording within 60 days of approval. These two properties and the seven-acre parcel directly to the east were rezoned from A-1, R-1 and R-2 to Planned Residential Development pursuant to Case No. WZ-943. Now, the owner of the eastern most property does not want to participate in the zoning. The approved outline plan, which legitimizes the zoning, cannot be recorded. The original outline plan was approved for 140 patio homes on 28.7 acres with gross density at 4.9 units per acre gross (including streets). There is an existing residence on the Miller court property which will remain. Although it is excluded from the PRD zoning, it will need to be included as part of the final plat to legally separate it from the remainder of the property. The house located on West 38th Avenue will be demolished. II. OUTLINE PLAN At this time, the developer is requesting approval only of a revised PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed developed, establish allowable densities and major access points. Prior to any construction on the property, a combined final development plan and plat must be approved by Planning Commission and City Council. The applicant is proposing an outline plan which would allow up to 124 single family homes on 21.8 acres for a gross density of 5.6 units per acre. Since the interior streets are private, they have been included in this calculation. For comparison purposes, the gross density for standard residential zone districts are as follows: Gross Density fincluding streets) Net Density excluding streets R-1: 2.90 du/a R-1A: 4.03 du/a R-1 B: 4.84 du/a R-iC: 6.97 du/a 3.48 4.84 5.81 8.71 This is proposed to be a gated community with a single access point off of West 38th Avenue. A gated entrance with guard house will allow cars into the development. A secondary access point at the northwest corner of the project is provided for emergency vehicles and pedestrians. No information has been provided regarding minimum lot sizes except that there is a conceptual breakdown of 60 "larger lots" and 64 "smaller" lots. It appears that the homes may range in size from 1400 square feet to 1800 square feet with two-car garages. Parking pods for visitors are scattered throughout the development. Planning Division Staff Report Case No. WZ-9414 Page 3 Aside from ROW dedications for Miller Court (10 feet) and West 38th Avenue (10 feet) all streets within the development will be privately owned and maintained. The developer is proposing a 28-foot-wide built street with parking and sidewalks on one side. There will be walking paths throughout the development and a common enclosed cabana area. The responsibility for maintenance of these common areas and private streets will be a responsibility of the homeowners association. A right-of-way vacation for that portion of Miller Street that lies within the subject site will occur at the time of final plat. A six-foot-high screening fence with perimeter landscaping will surround the development. Although this is only the outline plan stage, there has been enough detail provided which has allowed staff to point out potential areas of concern with the plan presented. Staff has the following comments regarding the the revised plan: • An accelJdecel lane is shown along West 38th Avenue. • The perimeter fence is shown along 38th Avenue, however, a strip of landscaping will be required between the back of walk and the fence. • A common recreation area with enclosed cabana has been provided. • Asix-foot-high fence with landscaped buffer has been provided along Miller Court. • Curb, gutter and sidewalk will be required along Miller Court. • The 30-foot fire lane at the northwest corner of the property needs to be designated as a pedestrian/bike path as well. • The fire lane needs to be a hard 'surface and 20 feet in width. • There is no street connection for vehicles from the development north to West 41st Avenue. It has been designated as a pedestrianJbike path only. • The private streets will conform to City standards for pavement design. • Design parameters regarding minimum lot sizes, minimum setbacks, maximum coverage are needed. • A note regarding a possible future connection to West 40th Avenue to the east has been added. • Fire access turn radii around parking pods is still an issue. • A landscaped buffer. should be provided along the common property line with the Huitt residence (at 3975 Miller Court). • All other requirements for an outline development plan need to be added to the document. Planning Division Staff Report Case No. WZ-94-14 III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on October 18, 1993. Those attending were: Meredith Reckert David Dertina Jody Dertina Mike Easler J. Huitt Kevin Gilligan Dale Jernberg Dan Benson Gretchen Cerveny Nancy Snow Staff Applicant Applicant Owner Owner Builder 4025 Miller Ct 4045 Miller Ct 3425 Moore St 17155 West 40th Ave Page 4 In general, those neighbors in attendance were supportive of the design concept, although they felt more detail needed to be provided. There was concern expressed regarding the increase.. of density from 4.9 units per acre for the original proposal to 5.8 units per acre with this submittal. Subsequent to the neighborhood meeting, Dan Benson, owner of 4045 Miller Court, contacted Staff in regard to the increased density. As a representative of four property owners along Miller Court, he indicated that they feel 5.6 units per acre is too dense but would support 5.4 units per acre. A legal protest was submitted a4 the Planning Commission public hearing. Please refer to Exhibit 'C'. N. CRITERIA CRfrER1A 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: i. That the change of zone is in conformance, or will bring the property into wnformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies ar plans for the area The Comprehensive Plan designates this property as low-density residential multiple use. Low density residential is defined as containing from one through seven dwelling units per acre. Multiple use is defined in the Comprehensive Plan as including "a mix of residential, office and(or retail commercial uses, and parks and open space, and public(semi-public uses to be developed in a manner which insures compatibility between uses within multiple use areas and adjacent uses, especially where adjacent to low-density residential uses. Industrial uses are specifically prohibited." The proposed gross density of 5.6 units per acre is in conformance with the low-density designation. ft would also be consistent with multiple use concept as well. 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. Planning Division Staff Report Page 5 Case No. WZ-94-14 Development surrounding the property includes R-2 zoned, single-family residences and duplexes and a small piece of undeveloped A-1 land on the north. To the west is asingle-family neighborhood with R-3 zoning with a density of roughly 5.8 units per acre. Amulti-family project with a density of 9.7 units per acre adjoins this land on the southwest. C-1 property abuts the property to the south of West 38th Avenue. To the east is PRD-zoned property subject to reversion back to R-1 per Case No. WZ-9415. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will be economic benefits derived by an increased property tax base and increased buying power within the community. 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 can serve the property with the infrastructure improvements discussed under Section V. ' 5. That the proposed rezoning will not adversely affect public heaRh, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce Ight and air to adjacent properties. There will be minimal impact to the public street system except for West 38th Avenue. Public Works will require aten-foot right-of-way dedication along that stretch plus the construction of a continuous accel~decel lane. Storm drainage on the property will flow directly to Lena Gulch. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The property cannot be developed consistent with the existing PRD zoning as the eastern-most property (Weller) does not want to participate. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Approval of this request would not constitute spot zoning as the property is abutted by residentially- zoned property on three sides. 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 facilifies especially appropriate at the location, considering available aRematives. There is an apparent void in the market for single-family residential units on smaller lots. This is the first proposal of this type in the City. Staff concludes that the criteria used to evaluate a rezoning support approval of this request. V. AGENCY REFERRALS Planning Division Staff Report Page 6 Case No. WZ-9414 Consolidated MuWal Water District can serve. The easement at the northwest corner of the property extending west to Miller Court wilt have to be 30 feet wide with a paved surface or a 50-foot-wide "soft" surface. Westridge Sanitation can serve the property. A 75-foot-wide easement for sanitary sewer has been obtained to reach West 41st Avenue to the north. Jefferson County School District reviewed this request as a typical development rather than a project marketed toward "empty nesters". They indicated that schools serving the development are currently inadequate, however, future improvements should lessen the problem. Wheat Ridge Fire District will require more detail regarding-the secondary access from Miller Court. The plan presented has inadequate turning radii around the parking pods. The District is concerned that the 28-foot-wide road width with parking one side will not provide enough room for emergency vehicles to get through. Based on inadequate fire access, there may be a requirement for each of the houses to be sprinklered. The Park and Recreation Commission will require an easement for a trail access along Lena Gulch. They would like to see the pedestrian connection from West 38th Avenue north through the Jefferson county Housing Authority property to continue north along Miller Court (as sidewalk), west along West 41st Avenue to Miller Street extended, and north to West 47st Avenue. The Police Department is requesting that internal addressing follow the metropolitan grid system. They are requesting 24hour access to the property. Tickets can be issued for on-street fire lane parking violations on private streets. Public Works will require a drainage plan and report. An approved NPDES permit is required. At the time of final plat, ten-foot right-of-way dedications occur for Miller Court and West 38th Avenue. A right- of-way vacation for Miller Street will also occur at that time. West 47st Avenue needs to be designated as being for emergency vehicle access, pedestrian access and utilities. In general, Public Works does not object to the internal private street system as long as the streets are constructed to the City's standards for local streets (i.e., pavement thickness). Because of the reduced width, they need to be designated as fire lanes and posted for no parking. On one side, provisions for maintenance, repair, snow removal, etc., must be assured. VI. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on November 3, 1994. A recommendation of approval was made for the following reasons: 1. The request iss consistent with the Comprehensive Plan. 2. R is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following condition: Planning Division Staff Report Case No. WZ-94-14 Page 7 1. A pedestrian connection be constructed from West 38th Avenue, north through the Jefferson County Housing Authority property, north along Miller Court (as sidewalk), west along West 41st Aveue to Miller Street extended, and north to West 41st Avenue. VI. STAFF CONCLUSIONS Staff concludes that the proposed zoning and outline development plan are compatible with adjacent zoning and land use and are consistent with the Comprehensive Plan. Staff further concludes tha4 the private street concept is workable if adequate provisions are made for police and fire protection, snow removal and street maintenance and repair, and parking. Based on the conclusion that the criteria used to evaluate a zone change supports this request, a recommendation of Approval is given for Case No. WZ-9414 with 4he following conditions: 1. All requirements for an outline development plan be met. 2. At the final plan and plat stage, the street system should be legally described as an "out-lot tract" and designated fire lane with specific design and maintenance provisions specified, including parking restrictions. 3. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 4. The overall density should be reduced to 5.4 units per acre. 5. A pedestrian connection be constructed from West 38th Avenue, north through the Jefferson County Housing Authority property, north along Miller Court (as sidewalk), west along West 41st Aveue to Miller Street extended, and north to West 41st Avenue. VII. RECOMMENDED MOTIONS OPTION A: 'APPROVAL "I move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court, be Approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. OPTION B: APPROVAL WITH CONDITIONS "I move that Case No. WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be Approved for the following reasons; 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following conditions: Planning Division Staff Report Page 8 Case No. WZ-94-14 1. All requirements for an outline development plan be met at the final plan and plat stage. 2. At the final plan and plat stage, the street system should be legally described as an "out-lot tract" and designated fire lane with specific design and mairotenance provisions specified, including parking restrictions. 3. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 4. The overal density shall be reduced to 5.4 units per acre. 5. A pedestrian connection be constructed from West 38th Avenue, north through the Jefferson County Housing Authority property, north along Miller Court (as sidewalk), west along West 41st Aveue to Miller Street extended, and north to West 41st Avenue. OPTION C: DENIAL "I move that Case No, WZ-9414, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be Denied for the following reasons: 1. 2. 3. " c:~wp60~pc~wz9414.s r CASE NO. WZ-94-1~~ EXHIBIT 'B' S . Iv ~s Exclusive Residential Real Estate 200 Union Boulevard Suite 130 LaRewood, Colorado 80228 TFI. (303) 986-9199 FAX (303) 932.1142 ®- October 11, 1994 Dear Neighbor: As you are aware, we have been required by the City of Wheat Ridge to go back through the zoning process since we have removed one of the adjoining properties from our development plans. We are still planning to build single family detached patio homes on the Easler and Huitt properties which will total about twenty two acres. We are now going to request the city to allow a density not to exceed six homes per acre which is well under the maximum density of seven to the acre as allowed for single family zoning. This is NOT a condo or townhouse project. We still plan to build a private gated community of detached single family patio homes. We are not.building big homes and so we do not need big lots or our pricing will become too high for the area. Most of our buyers will be older and no longer in need of a big home and yard to take care of. The only real change to our previous plan which had been approved by the city is about half of our lots have been scaled down slightly to provide fora smaller dimension house. This will now give us the opportunity to offer a more affordable smaller single family home for many of Wheat Ridge's retired citizens. A neighborhood meeting is planed for next Tuesday, October 18th. at 6:30 p.m. at Wheat Ridge City Hall, 29th and Wadsworth. We invite you to come and see our proposed site plan. -_ _. n n;:,' ,.,> : HEAT RIDC;E ' ~ . ki/,XiwuMi CITY OF W r~nn nr~ D OCT 12 1994. `BUJ L5 PLANNING & DEUELDPMENT GASH r1o. vs~ -9y- f~}• CXl~IC31T ~C r November 01, 1994 We the undersigned property owners wish to submit this legal protest Re: case.WZ-94-14. We oppose the property being changed to anything above 5.4 units per acre or 117 total units. Address o~°~ ~~~ . C ~au~'~~~ ~~~` ~~ -t.. - az-,-~._ C)) J / _ ~(- T`- . ~, I' _ t i i t ii i { ' :\ ~I li ~ ± ~~ `' t ~ ` ~ ~, .~ ,, \. ~~ ; ~" _. ~I, ~,~; r ~ l~~ - - ,. } r(~ J' ~ < .i ~ ~ ~ ~ t T' \~~ ~i ~ ~ ~ ~'~ ~~ v' ,~ \~ L~ ,, , 4 t 5 ~ ~ ~, , ,,,. \~ I -' , . l _ i......,~_ ,.r~ ss ~I~li~ ~ I I~'i ~I ~i!I~I,I~a ~~:~. 3 ~ !(h ,i. .. 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I,\ ,' ~~ii~`. m ~~I \< I ~~ ~~ ~.s x ~(u. ~;~ ~ x IN ~i• ~ I. iI- ~~ `_, 1. •. ~,1 .\. _ .. ~Z~ \~~ .m g~` ~o o~ . ~°F ~~ i _ I K ,.~~,`~ , ,~, ~.," x ~ Q. .,~. ~~• .. ~\~ ~ \ 'P~ly• b1 ~.,., ~, ~ ~I..J ,,F~:. _ .1 • •,~ .. . `C I''Y U~~ . al '• ' ~'rtnl~ •.~~.. ..y i i ~I ~ ~ i is n. ~ .. c '''~~~7(((knnn r!'' ~ jj y F° ~-Nialro M 2~~ o ~ ~h1~^ ~~~ ~~ ~ AQ~~_~ s~ a m ~ ~ AA `1 ~g1I1 v . 8g ~ 9 9~ p ~ ,1, ~ ~ i v __ v ~. a ~~li ~ ~L ~I' i° II I '3A ~ H m ~ ; H15 ~ m "~ hY N, = m ~, I1L ~ z H18 E ~ i t ~~ ti ~ x.i a, 'n - :',' :! ~ 3M1Y fi S E y' " 3h V ' :..1S fY h .•1d1SlY M 8ni~ .I~ R 3 Nm i ~n~ ~I 7 m~ 2 ;~ ~z .. CITY COUNCIL MINt~S: November 14, 1994 ~ Page 3 ~> LOCAL LIQUOR AUTHORfTY MATTERS Item 1. Transfer of Ownership for Patzcuaro, Inc., 7000 W. 38th Avenue, Wheat Ridge, Colorado. City Clerk, Wanda Sang, presented the staff report. Motion by Mr. Solano to approve the Transfer of Ownership from Patzcuaro's Inc., dba Patzcuaro's, 7000 W. 38th Avenue, Wheat Ridge, Colorado, to Eugene Evangelista, dba Lista's Restaurant & Cantina, for the following reasons: 1. All applications and fees required by statute have been filed and paid; 2. The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated October 11, 1994; 3. The applicant has been cleared by the Police Department; seconded by Mr. Eafanti; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 70 - An Ordinance providing for the approval of rezoning from Planned Residential Development to a Revised Planned Residential Development District on land located at 10241 West 38th Avenue and 3975 Miller Court, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-14) (St. Ives Realty) (Continued from October 24, 1994) Council Bill 70 was introduced on second reading by Mrs. Behm; title read by the Clerk; Ordinance No. 980 assigned. Mr. Gidley presented the staff report. He stated that this plan has been changed somewhat from the plan previously presented to City Council. One of the changes was a somewhat increased density. Originally the applicant had plans for approximately 4.9 units per acre; the new plan is for approximately 5.6 units per acre. It proposes 124 dwelling units. Two legal protests have been filed by adjacent owners. They are objecting to any development on this property that would exceed 5.4 units per acre. The other protest is against any density higher than the density originally approved, i.e. 4.9 units per acre. David Dertina, St. Ives Real Estate, applicant, was sworn in by the Mayor and explained that they had retained the services of an award winning architect and had re-designed the development. He introduced Mike Kephart. who was also sworn in by the Mayor. He explained why this particular concept was chosen. The reason they went with the higher density was affordability. Kevin Gilligan. Builder, was sworn in by the Mayor and gave background on his company; he is planning on building a high quality project that the City will take pride in. CITY COUNCIL MIN"'-ES: November 14, 1994 r Page Doris Ibbison. 3315 Marshall Street, was sworn in by the Mayor; she has no financial inte~ in this project, but same of her friends want to live there; she recommended the 5.6 units because people looking at this type of project do not want the huge yard; she also wants to keep the price lower. Dan Benson. 4045 Miller Court, was sworn in by the Mayor; he represents the homeowners to the West who ask for no more than 5.4 units per acre. He feels the Weller property might be brought back into this project at a later date. Nancy Snow, 11155 W. 40th Avenue, was sworn in by the Mayor; she is part owner of one of the duplexes on the North df this and is very interested in this project; all the developers say the same thing about needing higher density; she feels the neighbors have not been treated well during this process; neighbors will have to look at a 6 foot wall; compared density in neighboring areas; questioned what will happen with the Weller property; would like to see more green area. Ruth Schreiber. 3&30 Vance Street, was swom in by the Mayor; is in favor of this project and will be one of the first to buy a house there; does not want a big home; hopes that Council will make it at least 5.9 or 6 units per acre so senior citizens can afford to buy. Harlan Mever. 3995 Holland Street, was swom in by the Mayor; asked that Council go for the 5.6 units per acre. Phil Plummer. 10398 W. 41st Avenue, was swom in by the Mayor; he lives directly north of the proposed project, likes the project very much, and asked that it remain at 4.9 units per acre as originally proposed. Applicant gave rebuttal; feels they have a special development;, all their houses are not going .to be 2-story houses; swimming pool was taken out because of the extra cost; prospective buyers were not interested in pool; the 4.9 units were only a preliminary plan before they had a professional design. Motion by Mrs. Behm that Case No. WZ-94-14, a request for approval of a rezoning from PRD to revised PRD and for approval of an outline development plan for property located at 10241 West 38th Avenue and 3975 Miller Court be approved for the following reasons: 1. The request is consistent with the Comprehensive Plan. 2. It is compatible with adjacent land use and zoning. 3. The criteria used to evaluate a rezoning support approval of this request. With the following conditions: 1. All requirements for an outline development plan be met at the final plan and plat stage. 2. At the final plan and plat stage, the street system should be legally described as an "out-lot tract" and designated fire lane with specrfic design and maintenance provisions spec'rfied, including parking restrictions. 3. Resolution of the various agency comments regarding fire and police access and services, public works comments, planning department comments, etc. should be incorporated into the final plan and plat. 4. The overall density shall be reduced to 5.4 units per acre. 5. A pedestrian connection be constructed from West 38th Avenue, north through the Jefferson County Housing Authority property, north along Miller Court (as sidewalk), west along West 41st Avenue to Miller Street extended, and north to West 41st Avenue; seconded by Mr. Eafanti. ~f g ~_ .. CITY COUNCIL MII~TES: November 14, 1994 . Page 5 Mrs. Worth asked fora friendly amendment under condition 5. it should read "..Jefferson County Housing Authority property easement.." This was accepted. Motion by Mrs. Worth to amend under condition 4. "The overall density shall be reduced to 4.9 units per acre"; seconded by Mr. Edwards; failed 3-4 with Councilmembers Worth, Edwards, and Fields voting yes. Mr. Edwards will vote no on the original motion because he is concerned about the density and how that pertains to the specific zoning criteria we are mandated by law; when this came up it was 4.9 units per acre and he is tired of the developers stating they are going to pull out if they don't get their way. Mrs. Worth agrees with Mr. Edwards; we do have criteria to follow; there is a legal protest; people in the surrounding area have asked for 4.9 units; she will also vote against this. Vote on original motion failed 4-3 with Councilmembers Worth, Edwards, and Fields voting no. (Needed a majority vote of 6 yes votes to pass). Mr. Edwards asked that as a member of the prevailing side, this be reconsidered at this time, Council Bill 70 with the conditions as provided, except in Condition 4. it say"4.9"; seconded by Mrs. Worth; failed 3-4 with Councilmembers Worth, Edwards, and Fields voting yes. Mr. Siler moved to reconsider the previous vote; he got confused and voted differently than he had thought; seconded by Mr. Edwards; carried 6-1 with Mr. Solano voting no. Vote on original motion with 4.9 units per acre carried 7-0. Item 3. Council Bill 71 - An Ordinance providing for the approval of rezoning from Planned Residential Development to Residential-One and for rescission of an Outline Development Plan approved pursuant to Case No. WZ-94-3 on land located at 10150 W. 40th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-15) (City of Wheat Ridge) (Continued from October 24, 1994) Council Bill No. 71 was introduced on second reading by Mrs. Behm; title read by the Clerk; Motion by Mrs. Behm that Case No. WZ-94-15, be tabled for no longer than six (6) months to allow time for the owner to either develop a different proposal or to rejoin with the St. Ives proposal. If no submittal is received by staff during the six-month period, this case shall be removed from, the table and acted upon; seconded Mr. Eafanti; carried 6-1 with Mrs. Worth voting No. ., I ~ C~ INTRODUCED BY COUNCIL MEMBER sEert Council Bill No. 7o ORDINANCE NO. 980 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED RESIDENTIAL DEVELOPMENT TO A REVISED PLANNED RESIDENTIAL DEVELOPMENT DISTRICT ON LAND LOCATED AT 10241 WEST 38TH AVENUE AND 3975 MILLER COURT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by St. Ives Realty for Raymond Michael Easler and !. -Glenn and Helen Ann Huitt~or approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-9414 and based upon recommendation for approval 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 Planned Residential Development district and to include in a revised Planned Residential Development district the following described land: 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 feet 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 Southwest Quarter of the Southeast Quarter of Section 21, Township 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: Ordinance No. 980 Page 2 Case No. WZ-9414/St. Ives Realty 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. Section 2. Vested Property Riqhts 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 3. Condition. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan arid Subdivision Plat have been legally approved by the Wheat ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 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. Severabilitv. 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 6. This ordinance shall take effect is days after final publication. .+ ~ ~ Ordinance No. 980 Case No. WZ-9414/St. Ives Realty Page 3 INTRODUCED, READ, AND ADOPTED on first reading by a vote of s to 0 on this 26th day of September , 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 october 24 , 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 10/24/94 -Continued to November 14, 1994. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 .this 14thday of November , 1994. SIGNED by the Mayor on this 15thday of November , 1994. ~= t .~ ~ / Wanda Sang, City Clerk ~,~..G~.I,~.Cc~..J DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY ,, ~l(I~AJ ~J ~~~~1/~"GLYL(~~~ KATHRYN'SCHROEDER, CffY ATTORNEY 1St PUbIICatIOn: October 4, 1994 2nd Publication: November 24, 1994 Wheat Ridge Sentinel Effective Date: December 9, 1994