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Home My WebLink AboutWZ-94-6E ~ • aP° ° UdC~D S-/~ 9f~ CITY OF WHEAT RIDGE Parks and Recreation Commission Meeting `: ,', April 20, 1994 The meeting 'was called to order at 7:30 p.m. by Chairman, Janice Thompson. Commissioners present: Betty Day, Emery Dorsey, William Donaldson, Edgar Johnson, Beverly Phillips, Janice Thompson, and Sue Wilson. Staff present: Gary Wardle, Director .and Karen Scott, Secretary. DETERMINATION OF OUORUM With 7 Commissioners present a quorum was established. APPROVAL OF MINUTES Motion by Beverly Phillips the minutes of March 16, 1994 be approved as submitted. Seconded by Betty Day and approved 7-0. INTRODUCTION OF GUESTS There were no guests present at this meeting. REZONING AND FINAL DEVELOPMENT PLAN (11200 W. 44TH AVENUE) COLORADO CATHOLIC ACADEMY AND BRANNAN PROPERTY.1 After discussion the followina motion was made: Motion by Edgar Johnson the Parks & Recreation Commission recommends requesting: 1) 5$ land dedication in lieu of $75 per unit fee and the land dedication be from the southwest lot ~3. 2) Request the City be compensated for any easements the developer is requesting. (The easements would be pending approval from Jeffco Open Space). 3) Request a fence be put up along the common boundary line. 4) Request that there be no direct access to park from the south ~....:.,.,,,-.,,ahrough the. Lovejoy property. This...access,=,is._ for _emergency _ , . vehicles only. This access will only be provided if requested by the fire department. Second by Sue Wilson. Approved 7-0. The Commissioners would like to express their concern over the proximity of the housing development being constructed so close to a lighted and very active ball field. The Commissioners are concerned about future residents being unaware of the lighted fields and the amount of activity the park has 9 months out of the year. JEFFERSON COUNTY OPEN SPACE PROPOSAL Jeffco Open Space has had a request to acquire the South Table Mountain area to save it from mining. They are asking surrounding areas if they would like to participate in the acquisition. After discussion there was a 7-0 consensus the Parks and Recreation Commission supports the concept of the acquisition, but the City is not able to make a financial commitment to this acquisition due to other park and recreational - .. PARRS AND RECREATION.COMMI83ION PAGE 2 r, ~MINUTEB - APRIL 20, 1994 ll needs in the City of Wheat Ridge at this time. DISCUSSION - CITY COUNCIL STUDY SESSION• PARR NATURALIST POSITION AND RECREATION CENTER Park Naturalist Position Gary Wardle and Patty Crew are to put together a job description for this position. The Parks and Recreation Commissioners felt'the word. "host" should be added to the position title (Park Naturalist/Host). The emphasis for the position is to be on education and public relations. With these emphasise the Naturalist/Host position would be a supervisory position responsible for training of the volunteers; which is of the utmost importance. The Parks and Recreation Commission feels the City should gather similar job descriptions from other areas and pull information from them to devise the job description for Wheat Ridge. Recreation Center The Commission has been authorized by City Council to begin talking with citizens about a recreation center. Topics to investigate are: 1) funding without tax increase, 2) location, 3) if there is enough interest, 4) if the .needs are being met by private business. After discussion it was decided that Gary develop a plan of action to bring to the next meeting (May), so the Commissioners can have "assignments" to start working on. (i.e. contacting people you ~.~ -~ •- .know ~who~would.~.haue. an ,interest, such- as. the high school_and:,Sl~mm~I'. ; swim teams, check with the YMCA on their fund raising events to build their centers, Gary to check on funding/joint ventures through Lotto, Go Colorado, Coors Bottling and Jolly Rancher. Janice Thompson to check with Lutheran for interest in joint venture funding, pick up brochures from the different private recreation centers to see what is offered and if needs are being met.) JOINT MEETING WITH THE HISTORICAL SOCIETY - The May 18th Commission meeting will be held at the Historic Park at 7:00 p.m. The meeting agenda will be to discuss the Baugh Property and restoration of the cabin. Also want to discuss future relationship between the City and the Historical Society and long term ventures. ELECTION OF OFFICERS Beverly Phillips nominated Janice Thompson as Chairperson and Emery Dorsey as Vice Chairperson. Bill Donaldson seconded the motion. Passed 7 - 0. 3 ' ~. PARRS AND RECREATION COMMISSION PAGE 3 MINQTES - APRIL 20, 1994 ~'`: COMMISSIONER CONCERNS - Betty Day suggested the park at 38th & Owens be named Pioneer Park. Motion by Beverly Phillips to postpone discussion of naming of 38th & Owens Park for 6 months. Seconded by Edgar Johnson. Passed 7-0. Betty Day also said the Wheat Ridge Softball Board is very anxious for the fields at Wheat Ridge Middle School. Could use more fields. Bill Donaldson said he would contact the nature person at Barr Lake to see if she'd be available to come and talk with the commission regarding the Naturalist Position. Sue Wilson was disappointed that there was nothing about Wheat Ridge's earth day activities in the Sentinel. Gary Wardle announced the City would be selling bare root trees on Saturday from 10 am to 2 pm. There are several varieties available and they are $5 - $l0 each. Would like to have a grand opening for Fruitdale Park on a Saturday or a week night evening. The City would have a pot luck with the ~ school, neighbors and the Jeffco Open Space,. The City would provide hot dogs. Have to set a date for this. On April 25th Gary Wardle and Nick Fisher will be meeting with Sherri Tippie and the DOW to discuss the City's beaver population problem. On June 15 there will be a public meeting to discuss information to ~- ~ -date on-the-•greenbelt. analysis-: at 7:0.0 p.m..- The_.Parks.and.., - Recreation Commission meeting will follow. The base map is complete and one inventory has been completed. Gary Wardle will be putting an article in the CAP Newsletter announcing this meeting. The consulting firm will be conducting the meeting. PROJECT UPDATE Johnson Park Pond Improvement is 99$ complete. Working on the punch list items. 44th & Clear Creek need to reset the fence. The path is paved. Need to clean up. 44th & Field St. should be completed by Friday.. }1DJOURNMENT_ Motion to adjourn by Edgar Johnson. Second by Sue Wilson. Passed 7 - 0. Meeting adjourned at 10:15 p.m. ~, me cny or Wheat Ridge Appli ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033.. Phone (303) 237-6944 Address j(rs'~ '~Y~'~cP Owner a vv 7~ S~M~ Addres's 5.~~;- Phone Location of request ~j7~?/ ~~(/~/L Type of action requested (check one or more-of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit [] Minor subdivision ^ Subdivision B Preliminary Final ^ ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change ^ Flood plain special exception Interpretation of code ^ Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other of request C~-4~1~~ ~~?m~ c~ ~= T/1 PfLI~ ff y, /1 ~rLj> List all persons and companies-who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. c=55 PHONE I certify-that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, i am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorn from the owner which approved of this acti on his behalf. C Signature of Applicant Subscribed and sworn to me this day of (Z,nn~, (1 lg C~f"~I E ."jx'~-. r, - ~~ a -~~~ :~J ~ Notary Public SEAL _ My commission expires n ~~__'`f j ~ t Date Received C - r''~i _ Cj~~ Recei t No. p % /;~~~ Case No. RECEPTION NO ~ zi ~ed~0 93121Q28, ~ ~ ,25.00'' , eccpt'icn RECORDED IN COUNTY OF'°JEFFERSON STATE OF COLORADO 8111 /93 12:4 PILING STAMP THIS DEED , Nadc this day or Au t 06 t~a.~. ~~~•~kf~~':': Sus , 993~r~. y betwern fi i L. CL*UDE RQTaRIC FPMI*:Y T12USI' 'qtr q,l'.: 00 :r I jro+;,, .~:..'... ~ r . ~O• of the County of Sz~rv_.rs. p-n,,,,,end ytote of t ~~''TT Colorado, of [hc flrat part, and ~ l' 1 I Ol F. JOHN EIkTLJG aTa3 u?1LIE E. HA'2[~ r.y~ ^~ J ~~ ~ 111 a whose legal address ix 11252 4j. 38th~ttAvqe(~n~u~ed'+" ' ~ ~'~~ Wheati•idge~ "EF'F'IIZS'CN~~ I' of the Cov ity a J and State of Colorado, of the second pare ~'7 NITNE55ETH, chat the sa Sd per ty of the first pert,"for end in cans (deration a( the sun of ($1$D, ODD, DO 1 One Hundred Fifty ThousF.nd and No/100 --Dolhars--------------- - and other good and val uabfc cr,¢(dcratien to the sa(d party of the fin[ part in hand paid by the said particx of the second part, [hc receipt whcrco/ is hereby con/esstd and acknogledged, has grentM, bargained, sold and conveyed, er~d by these presents does grmit, bargain, sell, convey std con£i nn unto the said parties of the secard part, their heirs and assigns forever, not in terwncy in cmtmn but (n jdfnt. tens-n_~yI all the following described (ot or parcel of laM, IYIn9 and being in Rm County of,r~f,~`:JF,h~r $OEQ _ end Stele at Colorado, to wit: W I,FI;PZ DESCRIPITON ATI71Q~9 AbID MP,R2zf9 AS E1Q-IZ$IT npn AfID hADE A P F AS IF FULLY SET FORTH HEREIN ,,.~~ Fee s ~ c State Documen!zry T o\ I o also known as street nurocr 11252 SVESI' 39Th AVFSNE, WHEATRSGE, COT.ORAZ)0 gQ}3,} Pw,,,~ TOGETHER with alI and singular the heredl foments and appurtenances therein belonging, or~~anywfse apper[afning, and rn the reversion arW reversions, rcmaiitdcr and remainders, rents, Issues and profits thereof; aM all the estate, right, title interest, claim and demvd whatsoever of the said party of the first part, either in law ar equity,of, in and to [hc above bargained prrmtses, wl th the heredl Yanents aM appurtenances. TO HAVE Ah9 i0 HOLD the said prmiscs above barga fined aM described, ui th the appurtenances, utto the said parties of the secoM part, their heirs and assign forever. And the said party of the first part, for himsol t, his heirs, executors, aM adnfni strators, does covenanq grant, bargain aM agree to and with the said parties of the sccord parq theft heirs and assigns, that at ehc time of the rnscal ing and defivcry of these presents, he is wall scixcd of the pronise. above eorrvcyed, es of yood, wre, perfect, absolute aM irdctcasible estate of inheritance, in law, in (ce simple, and has good right, full power and lawful au[hari ty to grant, bargain, sell and convey the same in minner std /orm as aforesaid, and that the sane arc free and clear from all /ormer and other grants, barga lns, sales, Liens, taxes, assessments and enctmbranees of wfiatever k(nd ar nature socver ~+~ '~ EXCEYi' GEDIERP.L TAXES AMID ASSESS~2S7L5 E•UR THE YFAR 1993 AAID SfjBSF~Un'T7C YEARS AND SUB7ECP TO EnSII~S7I5, RESERVATIONS RESTf2ICTICINS, COVETIISII5 APID RZQiIS OF 4>~Y OF Y RD~Im, IF ANY: z~ntl.':+i."'.~,'•...., !h end the shoved bargained premises in the quiet end peaceable them, their assigns and the heirs and assigns of such surviv ar to maim the whale or any part thereof, the said party of singul or nurbcr shall (nc lode the plural, the plural the sin genders. i,.s,T, IN Nf iNE55 NHEREOF, the said party of [hc first par[ has I wri ttan. ..... _...... 5i yned, Scaled and Delivcrad fn [hc Presrntt of STATE Of COlORA00 Ci ty and cota,ty of Denver I > ss. se[ his hand and seal tha day and year first above The }orega(ng ins trunent was acknawl edged before ne [his day of AllgusC 06, 1993 M STEPFIF2I R. ROARK AfID BETTY T. ROARK~~.2S2U$SEE'g OF TrIE L. C?AUDE ROARK FAMILY TRUST _..; .,rvs~L~tiazshp--.:.. Ny commission expires 9/8/96 Nimess my hand and off iGlB.LiL+il-____. MELVA R. RAMSEY w' NOTARY PUBLICS STATE OF COLORADOiI 921A COMPUTER NARRAHTY DEED - To Joint Tenants ~' ~;''~{ ' A67349.037654C K03%6540:`.?_, sal.,=„t"- ..a .,a :?ti• .f :Y ~'f?' possess lOn of said parties of the second parq the wrvi vor of or, against all end every pcrsm or persons lawfully ctaiminy the f(rr part shall and will wARRANi ANO iOREVER DEFEND, il.e gul ar, en. the use of any gender shall be appl icablc to all . .~ ~', - ' r PARCEL ~A: d ~.. ('- THE SOUTH 284.6 FEET-OF THE NORTH 663.6 FEET OF THE WEST 1/2 OF BLOCY, 12, BROOKSIDE, IN JEFFERSON COUNTY,COLORADO, EXCEPT THE WEST 12 FEET THEREOF, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COt4M ENCING AT THE IRON PIPE MARKItdG THE NORTHWEST CORNER OF BLOCK 12, HROOKSZDE IN JEFFERSON COUNTY, COLORADO, THENCE SOUTH ALONG TFiE WEST DINE ~F SAID BLOCK 379 FEET TO ANOTHER SUCH PIPE; THENCE EAST 12 FEET TO ANOTHER AT THE NORTHWEST CORNER OF THE PROPERTY HEREIN CONVEYED AT THE TRUE POIh7T OF BEGINNING; THENCE CONTINUING SOUTH PARALLEL WITH THE WEST LINE OF SAID BLOCK iJID 12 FEET EAST THEREOF 284.6 FEET TO ANOTHER FIPE AT THE SUUTHWEST CORNER OF THE PROPERTY HEREIN CONVEYED; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF THE-BLOCK 153 FEET MORE OR LESS TO ANOTHER PIPE AT THE SOUTHEAST CORNER AND ON .THE EAST LINE OF THE W 1/2 OF BLOCK 12, BROOKSIDE; THENCE NORTH ALONG SAID EAST LINE 284.6 FEET TO ANOTHER SUCH PIPE AT THE NORTHEAST CORNER; THENCE WEST 153 FEET MORE OR LESS TO THE PIPE AT THE POINT OF BEGINNING, CONTAINING ONE ACRE MORE OR LESS. ALSO GRANTING HEREWITH A RIGHT OF WAY OR EASEMENT FOR INGRESS AND EGRESS OVER THE 47EST 12 FEET OF THAT PART OF BLOCK 12, BR00 KSIDE THAT LIES BE2WEBN THIS PROPERTY AND WEST 38TH AVENUE, kLSO A RIGHT AND INTEREST TO 1/120 IN THE BROOKSIDE DITCH. EXCEPTING AND RESERVING HEREFROM RIGHTS OF WAY FOR ALL DITCHES AND LATERALS AS NOW ESTABLISHED. . AND .;;iw `,::2'._. A TRACT OF LAND LYING THE WEST„HALF-'(W 1/2) OF BLOCK TWELVE (12), BROOKSIDE IN JEFFERSON COUNTY~,`i~COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 663.6 FEET SOUTH AND 12 FEET EAST OF THE NORTHWEST COPNER OF BLOCK.~yTWELVE (12)„ BROOKSIDE,'THE TRUE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID BLOCK TWELVE 12) AND 12 FEET EAST THEREOF TO .THfiNORTH LINE OF THE PROPERTY DEEDED TO FLORENCE MARIE SMITH AND PRICE BRANDY SMITH AS DESCRIBED IN BOOK 663, AT - PAGE.363; THENCE IN AN EASTERLY DIRECTION 153 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THE SMITH TRACT AS DESCRIBED IN BOOK 663 AT PAGE 363; THENCE NGRTH AND PARALLEL WITH THE WEST LINE OF SAID BLOCK TWELVE (12) TO THE SGUTHEAST CORNER OF THE TRACT DESCRIBED IN DEED TJ KATHLEEN h1AC L. GOWELL AND GERALD E. GOWELL, RECORDED, IN BOOK 682, AT PAGE 503; THENCE WEST 153 FEET TO THE TRUE POINT OF BEGINNING. ALSO GRANTING HEREWITH A RIGHT OF WAY OR EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 12 FEET OF THAT PART OF BLOCK TWELVE (12), BROOKSIDE THAT LIES BETWEEN THIS PROPERTY AND WEST 38TH AVENUE. ALSO A RIGHT AND INTEREST TO 1/240 IN THE BROOKSIDE DITCH; SUBJECT TO ALL RIGHTS-OF-WAY FOR ALL DITCHES AND LATERALS AS NOW ESTABLISHED. .;,tn, y...a'~.' t, ~ :' ...,,... :x ';,;' ~. , p.:i O.'i (~ :,»,»,,,, »_ 5-~ 1617 : _, H[M(O'S DF""FR V»903-234-5824 THE SOUTH 26S P&E2 OP THE FOLLOWING DESCRIBED PROPERTY: ;R 2/2 BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALP OF BLOCK 12, HROORSIDE; THENCE SOUTH ALONG TEE W85T LINE OP THE EAST HALB OP SAID SLOCR 12, BROOKSIDE, 766 FEET; THENCE EAST 165 FEET MORE OR LESS TO THE EAST LINH OF TH$ ERST HALF OP HLOCR 12, $ROORSIDE; THENCE NORTH ALON4 THE EAST LINE OF THE EAST HALF OF BLOCK 12, SROOKSIDE, TO THE NORTHEAST CORNER OF THE EAST HALF OP BLOCK 12, SROORSIDE; THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO., EXCEPT THAT PORTION DESCRIBED AS: BEGINNING OF THE NORTHW85T CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, FANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCB SOUTH 30 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE EAST 1319.8 PEST TO THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF TRACT 12 BROOKS I-E 768 FEES; THENCE WEST 25 FEET; THENC$ NORTH 753 PEST TO A POINT; THENCE ALONG THfi ARC OF A CUAVE TO THE LEFT 23.562 FEET TO A POINT ON THE SOUTH RIGHTS OF WAY OF WEST 38TH AVENUE; THENCE EAST QO FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON STATE OF COLOAADO. ALL PARTifiS IN CONNECTION WITH IS TRANSACTION AGRHE THAT TH8 DITCH FIND t RIGHT-OF-WAYS FOR DITCHES AND L~TERALS ARE BEING CONVEYED WITH SUBJECT PROPERTY, HOWEVER LAND TITLE GUARANTEE COMPANY IS NOT INSURING SAID DITCH RIGHTS. I i- W W v'7 O 25.0' 8.0' ,~ 3.5 QUAIL STREET TYPICAL SECTION (NTS) 7500 WEST 29TH AVENUE P.O. BOX 638 ThB CI(y Of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 +~~ City Admin. Fax # 234-5924 • ~ h e at Police Dept. Fax # 235-2949 ~Ri dge May 5, 1994 The Wheat Ridge Department of Community Development has received a request for a o a rezonin from R-1 .and R-3 to PRD.._and a royal of .a ^~mhinad nni-line an r3 final „1 ~., -,_~ _,_, _ Your res onse to the ~ ~t the property described-below. would bepappreciated boilowing questions and any .comments on this proposal y - Md4 ~n 1994 No response from date will constitute no objections or concerns regarding this-proposal this CASE NO: WZ-94-6/Batug LOCATION: 3701 Quail Street REQUESTED ACTION: Rezoning from R-1 and R-3 to PRD and for approval of a development plan (plat will be forthcoming) PURPOSE: Construction of five patio homes APPROXIMATE AREA: .86 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO„ If "NO", please explain below. 2• Are service lines available to the development? YES NO _ If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO .. _.. If "NO"~ .please explain below. 4. Can and 'will your agency service this proposed development subject to your rules and regulations? YES NO If "NO" please explain below. 5. Are there any concerns or problems your agency has identified which would or should ~~a/i~ffect approval of this request? Please reply to: ~j~y~ /Department of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District (Westridg~ XX Fire District (Wheat Riklge Adjacent-City ( ~ XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation XXColorado Div. of Wildlife XX TCI of Colorado ~~ ,~,~„r,<<,,,,,,, Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. XX W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referraiform STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 May 19, 1994 Meredith Reckert Dept. of Planning and Development The City of Wheat Ridge 7500 W. 29th Ave. P.O. Box 638 Wheat Ridge, CO 80034-0638 Re: WZ-94-6/ Batug Dear Ms. Reckert: REFER TO For Wildlife- For People C1T1' OF WFlEA7` RtDG~ ~~~(nlr~nr~-n~, M~`f23 9994 t', ~.'~:IL~11 it PLEINNING & DEVEI.OpMENT. The above property consists of two distinct habitat types. One appears to be the remnants of an alfalfa pasture. This pasture has alfalfa, grasses and weeds. The other habitat type there consists of mature and immature deciduous trees. The pasture area is moderate wildlife habitat, but due to it's small size, it's development will not -have a significant negative impact on wildlife. The riparian area with the deciduous trees and the small drainage ditch are excellent wildlife habitat. If they are destroyed, there will be a significant negative impact to wildlife. To prevent this negative impact to wildlife (mostly songbirds), the trees should be preserved. Care should also be taken to not damage them during construction. I would also recommend not putting the small ditch into a pipe. If the ditch is lined or put into a pipe, seepage from the ditch will be stopped, and this may have a negative impact on the existing trees, which might then have a negative impact on wildlife. Thank you for this opportunity to comment on land use issues in Wheat Ridge. If you have any questions about these comments, please feel free to call me. Sincerely John Hood District Wildlife Manager (303)291-7227 cc: Weber, file. DEPARTMENT OF NATURAL RESOURCES, Kenneth L. Salazar, Executive Director WILDLIFE COMMISSION, Thomas-M. Eve, Chairman • Louis F. Swift, Vice-Chairman • Arnold Salazar, Secretary Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member William R. Hegberg, Member • Mark Le Valley, Member m Public Service° May 16, 1994 The City of Wheat Ridge 7500 West 29th Avenue P.0. BoX 638 Wheat Ridge, CO 80034-0638 ~~TY nC ~; ~, ,.~~~ ~u~~.ie>.a ~ ,.,~,",r a~ ~~g A7, ~9 J ~ i'ir, I Public Service Company acknowledges receipt of tle We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter, please contact me on 571-3735. ~~ 2~~~ Teresa Wilson TW:lm Public Service Company of Colorado 2701 W.7th Avenue Denver, CO 802044114 6 THE CO1`~LIDATED MUTUAL WA'I'~~'{ COMPANY 12700 West 27th Avenue P.O. Box 150068 LAI~WOOD, COLORADO 80215 Telephone 238-0451 May 9, 1994 Ms. Meredith Reckert Department of Planning City of Wheat Ridge P.O. Box 638 Wheat Ridge, Colorado and Development 80034 CITY OF WHEAT RIDGE ~ _~r~.r~_nr~ f~AY i ~ 1991 ~~~~ PLANNING & DEVELOPNIENF Re: City of Wheat Ridge Case Number WZ-94-6/Batug, 3701 Quail Street, proposed rezoning from R-1 and R-3 to PRD and approval of a combined outline, final plan and plat Dear Ms. Reckert: This will acknowledge receipt dated May 5, 1994 regarding the above Please be-advised that the above in an area served by The Consolidated virtue of a Distributor's.-Contract Board. -_- of =your correspondence referenced project. referenced property is Mutual Water Company by with the Denver Water 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 requires that. a new application for water service be completed by the owner and returned to the Company at the time there is a change in-use.- The Company considers a remodel or building addition as a "change of use". 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 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. ., Ms. Meredith Reckert May 9, 1994 Page 2 The Company has no objections regarding the proposed rezoning. If you have any questions or comments regarding this correspondence, please contact this office. Sincerely, Mic Q een Water Distribution Manager MEQ:ds cc: Dave Roberts, Wheat Ridge Fire Protection District Wally Welton, CMWCo President Robert J. Rivera, CMWCo Assistant Secretary Treasurer and Project Engineer John Allen, CMWCo Engineer Jackie Lamb, CMWCo Engineering Secretary DJ~~RT RIDGE 1=1~~ ~~OT~C110D DIST~ICI P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 May 10, 1994 TO: Meredith Reckert Department of Planning and Development City of Wheat Ridge Wheat Ridge, Co. FROM: Dave Roberts Fire Marshal Wheat Ridge Fire Protection District Wheat Ridge, Co. SUBJECT: Case No.: WZ-94-6/Batug LOCATION: 3701 Quail Street REQUESTED ACTION: Rezoning from R-1 & R-3 to PRD & for approval of a development plan (plat will be forthcoming). PURPOSE: Construction of five (5) patio homes. Dear Meredith, After a review of the afore mentioned-plan, I am requesting the following items be addressed: 1. This street is currently a dead end with no turn around ability, accessed from 38th Ave. Request a culdesac with a radius of forty five (45) feet be created at the end of the street, or an adequate alternative be proposed by the developer regarding the street. Proposed future development of continuing Quail Street at some future date is not an acceptable alternative at this time. Q Street currently exceeds dead end requirements under th fire code. 2. Request that an additional fire hydrant be placed at the south end of the project in order to insure adequate water supply for fire fighting purposes. There may be additional comments on items unforeseen at this time. Additional items will be handled as the need arises. Respect 11 , ave Roberts Fire Marshal, WRFPD cc:file ~~ V Z t a. DISTRIBUTION: XX Water District (Consolid:Qted Mutual XX Sanitation District (Westridg~ XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation XXColorado Div. of Wildlife XX TCI of Colorado 7500 WEST 29TH AVENUE P.O. BOX 638 - WHEAT RIDGE. CO 80034-0638 City Admin. Fax # 234-5924 May 5, 1994 CITY OF WHLAT ~i~~ ~ ~~~~~~ The City of ~21~s9~~~ heat P°If 2 9 Ridge PLANNING & DEVELDPMEPIT The Wheat Ridge Department of Community Development has received a request for approval of a rezonincr from R-1 and R-3 to PRD and approval of a r.~mh.., ..A .-.,, x-~.... .. _~a ra__i -_i __ _.__~ _~_ at the property described below. 'l'our response to the following questions and any ..comments on this proposal would be appreciated by No response from you by this date will constitute no objec•ions or concerns regarding this proposal. CASE NO: WZ-94-6/Batug LOCATION: 3701 Quail Street REQUESTED ACTION: Rezoning from R-1 and R-3 to PRD and for approval of a development plan (plat will be forthcoming) PURPOSE: Construction of five patio homes APPROXIMATE AREA: .86 acre 1. Are public cilities or services provided by your agency adequate to serve th' development? YES NO If "N ", Ip ease explain ~elow. gp~tG ex~~s{pqL b~ f.CWE/' lr~lCxlN !f) ~vGa.tl J A.~• c'~v£4"J/~Ef~ ~s ~ rx~ (~~° h>~~sa.~ 2. A e service lines available to the development? YES N --~--~ If "NO", p ase explain belo Se{~lYLGe ~IHCS ~Q I K5 ~vt~ G1~O~ l~rY'~ Ll~ ~llS O"«'t>'74 Ce~.S ~r 3. Do you e a quate c acities to service the development? YES NO - _ if "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES / NO If .."NO", please explain below. 5. Are-there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: ~~,i'.2Q~Z4~~{~'~c"~ M Reckert /Department of Planning & Development Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XXW R Public Works Dept. XXW R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Approved Date ~ ~MO~vnuM f TO: Meredith Reckert, Planner FROM: Gary Wardle, Director of Parks and Recreation ~~ RE: WZ-94-6/Batug DATE: May 19, 1994 At the Parks and Recreation Commission meeting of May 18, 1994 the Commissioners decided to request the $75 per unit fee in lieu of parkland dedication. If you have any questions feel free to contact me. 7500 WEST 29TH AVENUE P.o. sox s3s - The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 Wheat City Admin. Fax ~ 234-5924 Police Dept. Fax k 235-2949 Ridge May 24, 1994 Mr. Steven Ness 9700 East Miff, #C23 Denver CO 80231 Dear Mr. Ness: I have received your submittal for rezoning and outline plan approval for property at 3701 Quail Street and have concluded that the following items need to be added to the document or ~~~~,Q_ otherwise addressed: '~"~-G1~. Ownership/unified control statement; \~ 2. Statement regarding character of the development; ~~ 3. Legal description; ~ ~ 4. Adjacent zoning and land use; ~j 5. Proper title which includes the following language: a) "Title" b) "Planned Residential Development Outline Development Plan" c) "An Official Development Plan in the City of Wheat Ridge"; ,6.' Surveyor's Certificate; '7. The site data breakdown should include not only square footages but also percent of total; 8. Owner's certification; 9. Signature blocks for Planning Commission, Planning and Development Director and City CounciS~; and 10: Recording block. I ---. ..• Please see-attached excerpt-from Section°26-25 of the "Planned" Development Districts" from the Wheat Ririge Code of Laws. Attached also are comments received from outside agencies. AlI of their concerns must be addressed. As discussed previously, this case is scheduled for Planning Commission public hearing on June 16, 1994. I need 12 copies of the revised drawings no later than June 8 so there is adequate time to prepare staff comments for the June 16 meeting, If you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, '`~eG~i~/-'v Meredith Reckert Planner cc: WZ-94-6 John Batug .;, e~.,~l:~e ro,,,, y V ' 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 June 16, 1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. P _ :-~ An application by John and Julie Batug for approval of a rezoning from Residential-Three and Residential-One to Planned Residential Development and for approval of an outline development plan for property located at 3701 Quail Street. Said property is legally described as follows: THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION,. 768 FEET; THENCE EAST 165 FEET MORE OR-LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE SOUT$ RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE EAST 1319.8 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF TRACT ., .,, ., ,,.,1.~,, BROQK~SIJ~E,,S,tJBDI,VISLON. 768_.FEET; THENCE-•WES,T.25.FEET; THENCE- -~-•- - NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC OF.A CURVE TO THE LEFT 23.562 FEET TO A POINT_ON THE SOUTH RIGHT-OF-WAY OF WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. 2. Case No. WZ-94-7: An application by Mollie and Robert Williams for approval of an amendment to a Planned Industrial Development final development plan. Said property is located at 5075 Tabor Street and is legally described as follows: A PARCEL OF LAND LOCATED IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. THAT PART OF LOT 19, STANDLEY HEIGHTS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER. OF SAID LOT 19, THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 19, A DISTANCE OF 924.68 FEET; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 89030'30", A DISTANCE OF 209.55 FEET; THENCE ON A_ DEFLECTION ANGLE TO THE RIGHT AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 19, A DISTANCE OF 195.00 FEET TO A POINT ON THE WEST RIGHT-OF=WAY LINE OF TABOR STREET; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 89030'30" ALONG SAID RIGHT-OF-WAY, A DISTANCE OF ! i 119.30 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF.THE COLORADO AND SOUTHERN RAILROAD; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 106049'15" ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1169.68 FEET TO THE POINT OF BEGINNING, CONTAINING 3.288 ACRES MORE OR LESS, EXCEPT THE EAST 10 FEET AS GRANTED TO THE CITY- OF WHEAT RIDGE BY INSTRUMENT RECORDED APRIL 13, 1973 IN BOOK 2494 AT PAGE 324, COUNTY OF JEFFERSON, STATE OF COLORADO. 3. Case No MS-94- An application by Cliff Parker for Willard Patterson, Trustee of the Greenway Trust, for approval of a four-lot minor subdivision with a setback variance for property located at 7800 West 38th Avenue. Said property is legally described as follows: THE EAST 140 FEET OF THE NORTH 264 FEET OF THE W1/2, W1/2, NE1/4, NW1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THOSE PORTIONS CONVEYED BY DEEDS RECORDED DECEMBER 16, 1992, AT RECEPTION NO. 92163285 AND DECEMBER 17, 1992, AT RECEPTION NO. 92163'785, AND THE NORTH 80 FEET OF LOT 29, RIDGEVIEW GARDENS SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26; THENCE SOUTH 89037'48" WEST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 26 A DISTANCE OF 986.19 FEET TO THE NORTHEAST CORNER OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER (W1/2, W1/2, NEl/4, NW1/4) OF SAID SECTION 26; THENCE SOUTH 00°13'46" EAST ALONG THE EAST LINE OF THE W1/2, W1/2, NE1/4, NW1/4 OF SAID SECTION 26 A DISTANCE OF 32.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY_LINE OE WEST 38TH AVENUE, SAID..-POINT.. BEING-THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°13'46" EAST ALONG THE EAST LINE OF THE W1/2, W1/2, NE1/4, NW1/4 OF SAID SECTION 26 AND THE EAST LINE OF SAID LOT 29 A DISTANCE OF 311.50 FEET; THENCE SOUTH 89°37'48" WEST A DISTANCE OF 140.36 FEET TO A POINT ON THE WEST LINE OF SAID LOT 29 AND THE EAST RIGHT-OF-WAY LINE OF ALLISON COURT; THENCE NORTH 00°09'57" WEST ALONG THE WEST LINE OF SAID LOT 29 AND THE NORTHERLY EXTENSION THEREOF AND ALONG THE EAST RIGHT-OF-WAY LINE OF SAID ALLISON COURT A DISTANCE OF 303.75 FEET; THENCE NORTH 44043'56" EAST A DISTANCE OF 11.33 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST 38TH AVENUE; Y • y THENCE NORTH 89037'48" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST 38TH AVENUE A DISTANCE OF 132.01 FEET TO THE TRUE POINT OF BEGINNING. r Sa a Wiggins, etary ATTEST: Wanda Sang, City Clerk To be published: May 31, 1994 Wheat Ridge Sentinel <pc>pnwz946/wz947/M5942 -500 WEST 29TH AVENUE P.o. aox 63a The City of WHEAT RIDGE. C080034-0638 X3031 234-590D Wheat City Admin. Fax ~ 234-5924 °o!:ce Dept. Fax a 235-2949 ~Rldge June 1, 1994 b This is to inform you that Case No. wZ-94-6 which is a request for approval of a rezoning from R and R 1 t P1 annr~rl Res;d ntiai DevelopmP.,t ~, a,,,,roval of an o,tl;na p1s~ n for property located at ~70~ On a;l r P will be heard by the Wheat Ridge plann;na l'omm;ss;~n in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m on June 16 lAe4 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the Plapn;p~ ('ommi sign - - As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Divis/i~o~n.~ Thank you. PLANNING DIVISION c>~.2 1~~~~~/'-^~ ~Pc>Phnoticeform • CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: PLANNING COMMISSION Date Prepared: June 7, 1994 Date of Meeting: Case No. & Name: Action Requested: Location of Reque Name & Address of June 16, 1994 Case Manager:`~'Meredith Reckert WZ-94-6/BATUG Rezone from R-3 and R-1 to PRD with a variance st: 3701 Quail Street Applicant: John & Julie Batug 11252 W 38th Ave, Wheat Ridge --------------------- Approximate Area: Present Zoning: Present Land Use: Surrounding Zoning: Surrounding Land Use: Owner: Same --------------- .862 acre R-3 and R-1 Vacant N: R-3; Ste. R-1; E: R-3 & R-1; W: R-3 & R-1 N: multifamily; s vacant; E: multifamily, vacant; ~ single family, vacant Comprehensive Plan: Low --------------=------ density residential ---- Date Published: -------- May 31, -------------- 1994 ------------------ Date to be Posted: June 2, 1994 Date Legal Notices Sent: June 1, 1994 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ------------------------- (XX) -- Attached ( ) None ENTER INTO RECORD: ------ ------------ - -------------'---- (XX) Comprehensive Plan (X X) Case File & Packet Materials (XX) Zoning Ordinance ( ) Subdivision Regulations (XX) Exhibits ( ) Other JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. • Planning Commission Staff Report Page 2 Case No. WZ-94-6 I. REQUEST The applicant requests approval of a rezoning from R-1 and R-3 to PRD with a variance and for. approval of an outline development plan for property located at 3701 Quail Street. The property in question has split zoning with R-3 on the approximate northern one-third and R-1 on the remainder. If the property was developed with the current zoning, the result would be six multifamily units on the R-3 and one single-family dwelling lot 23,000 square feet in size on the R-1 parcel. This would result in a combined density of 8.T4 units per acre. At this time, the developer is requesting approval only of the PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed development and establish allowable densities. Prior to any construction on the property, a combined final development plan and plat must be approved by Planning Commission and City Council. A special exception to the flood plain ordinance will be required as the property is entirely within the Lena Gulch 100-year flood plain. II. VAR ANCE The applicant is requesting a PRD zoning on the property however Section 26-25 (IV)(B)(1) requires that each PRD district be a minimum of one acre in size. In this case, the property is only .86 acre, therefore a variance is required. If the variance is not granted, the property cannot be rezoned to PRD. Staff has the following comments regarding the criteria used to evaluate a variance request. Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The property could be developed under the existing R-3 and R-1 zoning, however the planned development concept typically creates a more integrated neighborhood, allows better use of land form and allows more control by the City in regard to the type and quality of construction. 2. Is the plight of the owner due to unique circumstances? The circumstances are unique because of the natural features (ie, trees and ditch) on the south end of property. Planning Commission Staff Report Page 3 Case No. WZ-94-6 3. If the variation were granted, would it alter the essential character of the locality? If the variance is granted and the project built, it could positively affect the character of the immediate neighborhood as there is more assurance of a quality development. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? The PRD zoning allows the "clustering" of the units to the north, thus avoiding the removal of mature trees and negatively affecting the existing ditch at the south. For this reason, Staff concludes there is hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes, however, rather than entertaining similar variance requests, Staff would prefer to propose an amendment to the zoning code deleting this minimum. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? This request may be economically motivated, however, a denser project could be built with the existing zoning. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes, the hardship is self-imposed. 8. .Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Approval, of the variance should not be detrimental to the public welfare. A hydrological analysis of potential impact to the Lena Gulch flood plain and nearby properties will be required before any construction can occur. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Planning Commission Staff Report Page 4 Case No. WZ-94-6 The supply of light and air to adjacent properties will be minimally affected. There will be minor impact to the public streets as traffic on Quail will be increased by only 50 vehicle trips per day. Property values in the neighborhood should not be negatively affected. Staff concludes that use of the PRD zoning allows better use of land form and provides more control for the City to ensure a quality development, therefore we recommend approval of the variances. III. OU LINE PLAN The applicant is proposing an outline plan which allows five single-family patio homes. The density proposed would be 5.8 units per acre. For comparison purposes, the gross density for standard residential zone districts are as follows: R-1: 3.48 units/acre R-lA: 4.84 units/acre R-1B: 5.81 units/acre R-1C: 8.71 units/acre Lot sizes will range from 6500 square feet to 8500 square feet with a maximum building coverage of 25.5 over all five lots. The homes will range in size from 1400 square feet to 1780 square feet and will be in the $130,000 - $150,000 price range. Each home will have two garage stalls plus two off-street parking spaces. There are many mature trees on the property. The developers have indicated that they will try to save as many of these trees as possible. Quail Street extending south from West 38th Avenue dead-ends in front of the project. It has 50 feet of right-of-way, therefore,. no additional street dedication will be required. When the project develops, the applicant will be responsible for the installation of curb, gutter and sidewalk and a temporary turnaround until the time when Quail Street is extended over the Gulch. They are reluctant to build a standard-sized cul-de-sac bulb as it would necessitate removal of the mature trees at the southeast corner of the site. Public Works has indicated that they would be agreeable to an alternate design Staff would recommend that design details be worked out at time of final development plan and plat approval. Planning Commission Staff Report Page 5 Case No. WZ-94-6 Staff concludes that all minimum requirements for an outline development plan have been met. IV. REZONING CRITERIA In accordance with Wheat Ridge Code before a change of zone is approved, City Council shall find: of Laws, Sec. 26-6(C.), the applicant shall show and 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. Low density residential development is defined as containing one through seven units per acre. The proposed density at 5.8 units per acre is consistent with this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Development surrounding the property includes vacant, R-1 zoned land and R-3 land developed in townhomes. To the north is a multifamily project with R-3 zoning. Abutting the property to the south is vacant R-1 zoned land. Low density residential development and vacant land abuts the property to the west with R-3 and R-1 zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of 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 VI. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. • Planning Commission Staff Report Page 6 Case No. WZ-94-6 There will be minimal impact to the public street system except for the installation of a temporary turnaround at the end of Quail Street. The patio homes may reduce light and air to adjacent properties slightly more than a six-unit apartment complex. Drainage will have to follow historic flow. A hydrological analysis will be performed to determine impact by the development on the capacity of the flood plain if the rezoning occurs. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned (R-1 and R-3) but could result in higher density. The PRD zoning allows more control by the City regarding type and quality of construction. 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 all 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 facilities especially appropriate at the location, considering available alternatives. There appears to be a void in the market for single-family residential units on smaller lots. V. NEIGHS RHOOD BEET NG A meeting for neighborhood input was held on April 12, 1994. Those persons in attendance were: Meredith Reckert - staff John Batug - 11252 West 38th Avenue Steve Ness - 9700 East Iliff, #C23 Dale Hammond - 3692 Quail Street Questions asked concerning the project were type and quality of construction of the units and what kind of turnaround design would be used at the end of Quail Street. Ms. Hammond indicated that she would prefer the "do nothing" scenario, but in general, liked what they were proposing. There is some question as to whether proper notification of the neighborhood meeting occurred. Several residents claim that they did not receive notice of the meeting. • Planning Commission Staff Report Case No. WZ-94-6 Page 7 As such, another neighborhood meeting was held on June 7, 1994. Those in attendance were: John & Julie Batug - 11252 West 38th Avenue Howard & Caroline Noble - 11254 West 38th Avenue Jerry & Louise Turner - 11256 West 38th Avenue The neighbors in attendance have the following concerns: 1. A proper neighborhood meeting was not held due to lack of proper notification. 2. They would like to see the property developed in accordance with the existing zoning. 3. They feel the proposal will result in the property being overbuilt (by 1 or 2 units). 4. The developers do not have a cooperative attitude and have not attempted to work with the neighbors. 5. They question whether the property is developable at all because the flood plain issue has not been addressed. The developers and the neighbors are continuing to work on potential points of compromisal. VI. AGENCY REFERRALS All agencies can serve the property with certain improvements Wheat Ridge fire District is requesting a cul-de-sac bulb or some other adequate alternative be provided at the end of Quail Street. A fire hydrant will be required at the south end of the project. Parks and Recreation Commission will require $75 per unit in lieu df land dedication. Colorado Division of Wildlife is recommending the existing trees on the property be saved and that the existing ditch on the south end not be piped. VII. RECOMMENDATION/CONCLUSION In regard to the variance, Staff concludes that circumstances are somewhat unique because of natural features at the south end of the property. Because the PRD zoning allows better use of land form and provides more control for the City to ensure a quality development, a recommendation of approval is given for the variance to the minimum lot area for a PRD zone. Staff concludes that the zoning proposal is consistent with the Comprehensive Plan and that in general, the criteria used to evaluate a rezoning support approval of this request. For these reasons, a recommendation of approval is given for Case No. Wz- 94-6. • ,~ Planning Commission Staff Report Case No. WZ-94-6 VIII. RECOMMENDED MOTION VARIANCE OPTION A: "I move that the request for a variance minimum lot size for property located at 3701 Quail APPROVED for the following reasons: Page 8 to the PRD Street, be 1. Circumstances are unique. 2. The PRD zoning allows better use of land form. 3. It provides more control for the City to ensure a quality development." OPTION B: "I move that the request for a variance to the PRD minimum lot size for property located at 3701 Quail street, be DENIED for the following reasons: 1. 2.. 3. " REZONING OPTION A: "I move that Case No. WZ-94-6, a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be APPROVED for the following reasons: 1. The proposal is consistent with the Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. OPTION B: "I move that Case No. WZ-94-6, a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be DENIED for the following reasons: 1. 2. 3. " pc>srwz946 OFFIGIt~L ZONING M~~ Wf-IErhT RIDGE GOLOR~DO MAP ADOPTED Last Rvisim: Deccmber, 23 1993 l~n2rrtxr c~ +i.,wrris kn ce~s.pa~err.- ~`r7es1 LRKEWOOD r' •'i 104-YEAR FLOOD PLAIN i__:i (APPROXIMATE LOCATION) ZONE DISTRICT BOLNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) "~""'+" CITY LIMIT LINE - - - - WATER FEATURE • DENOTES MULTIPLE ADDRESSES 1~1~! 28 a®~ SCALE I•=400 PUBLIC HEARIHC SPEA~2i3~ LIST i CASE HO• wz-94-ti DATE: 06-16-94 '., REpUEST: An application by John and Julie Batug for approval of a rezoning from Residential-Three and Residential-One to Planned Residential Development with a variance and for approval o£ an outline development plan for property located at 3701 Quail Street, ~ position On Request; ~ i ' ~ i ~ i i i 1 i i ~. i i i i i - ~, ~ ~ i CASE NO. WZ-94-6 AGENCY REFERRALS SUMMARY `" XXFire: Wheat Ridae) Needs an additional hydrant and a provision for vehicle turnaround. XXSchools: Can serve. XXWater: (ronsolida d Mntnal) C'an GPrv XXSewer: _(w ridge) Main line extension may b required XXUS West Communications: No response XXPublic Service Co: man serve State Land Use Comm. (over 5 acres): State Div, of Wildlife- mrpac ,~,} Rprommpnda not piping d~tah State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) -° Ad3acent City: TCI: No response. CITY DEPARTMENTS XXPublic Works: XXParks & Recreation: Will ret~,,;re 57S/,nit- f ;n lien of ~ .a tion. Police: Building Inspection: pc/Agencyrefsum - _< ' ~3', ~ 7500 WEST 29TH AVENUE ~ ~ ', P.o. sox s3s ~~ The City of WHEAT RIDGE. CO 80034-0638 - (3031 23a-5900 - - - City Atlmm. Fax a 234-5924 • • h e at Police Dept. Fax #235-2949 ~ldge POSTING CERTIFICATION CASE NO. ~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADNSTMENT (Circle One) HEARING DATE: ~,~~,,~~ ~ 14G)4 I, C~vzsr. f2~, ~i_ residing, at n a m e a d d r e s s as the applicant for Case No. ~~-~y ~ hereby certify that I have posted the Notice of Public Hearing at S. ~tl o c a t i o n) 1~YA ~~ on this ~_'^~' day ~'~ 19 and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. shown on the map below. The sign was posted in the position NOTE: This form must be submitted at the ,public heari n this case and will be placed in. the applicant's case file at the Department of Planning and Development. ----------------- -------------- __________ _. _ u ~TM ~________ _ D ~~ ~^ ~~ ~~ ~ i ~~ ,~ ; :~ :® .~~ E R-3 ~ ~ ~ - ', ,'..:. rev. 05-] (~ ~ ::i ~ ~ ~ ~~ -` ."~ ~~G X600 WEST 29TH AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-0638 1303) 234-5900 Wheat City Admin. Fax ,: 234-5924 Police Dept.Fax~235-2949 Ridge July 25, 1994 This is to inform you that Case No. w~-q4_F which is a request for approval of a re n,,; ,,n F.-..,,, n 7 a A n ~ + Residential Development & approval of an outline development plan for property located at _3701 onail G+YPP+ will be heard by the Wheat Ridge _ ~; +~, ~.,,,,,,,,, i in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at _7:00 n m , on A„a„~+ R, i99a All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Citv Council As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform Ce rs,.., ~„~ v,,,,. ~~-= ~' i • 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, hbwever, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to £ile a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CITY COUNCIL Date Prepared: July 25, 1994 Date of Meeting: August 8, 1994 Case Manager: "Meredith Reckert Case No. & Name: WZ-94-6/BATUG Action Requested: Rezone from R-3 and R-1 to PRD with a variance Location of Request: 3701 Quail Street Name & Address of Applicant: John & Julie Batug 11252 W 38th Ave, Wheat Ridge Owner: Same ------------------------------------------------------------ Approximate Area: .862 acre Present Zoning; R-3 and R-1 Present Land Use: Vacant Surrounding Zoning: N: R-3; S: R-1; E: R-3 & R-1; W: R-3 & R-1 Surrounding Land Use: N: multifamily; S~ vacant; Ea multifamily, vacant; W: single family, vacant Comprehensive Plan: Low density residential ----------------------------------------------------------------- Date Published: July 14, 1994 Date to be Posted: July 25, 1994 ' Date Legal Notices Sent: July 22, 1994 Agency Check List (XX) Attached ( ) Not Required Related Correspondence (XX) Attached ( ) None ----------------------------------------------------------------- ENTER INTO RECORD: (XX) Comprehensive Plan (XX),Case File & Packet Materials (XX) Zoning Ordinance ( ) Subdivision Regulations (XX) Exhibits ( ) Other JURISDICTION' The property is within the City of Wheal; Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. City Council Staff Report Case No. WZ-94-6 Page 2 I. REQUEST The applicant requests approval of a rezoning from R-1 and R-3 to PRD with a variance and for approval of an outline development plan for property located at 3701 Quail Street. The property in question has split zoning with R-3 on the approximate northern one-third and R-1 on the remainder. If the property was developed with the current zoning, the result would be six multifamily units on the R-3 and one single-family dwelling lot 23,000 square feet in size on the R-1 parcel. This would result in a combined density of 8.14 units per acre. At this time, the developer is requesting approval only of the PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed development and establish allowable densities. Prior to any construction on the property, a combined final development plan and plat must be approved by Planning Commission and City Council. A special exception to the flood plain ordinance will be required as the property is entirely within the Lena Gulch 100-year flood plain. II. VARIANCE The applicant is requesting a PRD zoning on the property however Section 26-25 (IV)(B)(1) requires that each PRD district be a minimum of one acre in size. In this case, the property is only .86 acre, therefore a variance is required. If the variance is not granted, the property cannot be rezoned to PRD. Staff has the following comments regarding the criteria used to evaluate a variance request. Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s), and Section 26-6(D)(2). 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions, allowed by regulation for the district in which it is located? The property could be developed under the existing R-3 and R-1 zoning, however the planned development concept typically creates a more integrated neighborhood, allows better use of land form and allows more control by the City in regard to the type and quality of construction. 2. Is the plight of the owner due to unique circumstances? The circumstances are unique because of the natural features (ie, trees and ditch) on the south end of property. City Council Staff_Report Case No. WZ-94-6 Page 3 3. If the variation were granted, would it alter the essential character of the locality? If the variance is granted and the project built, it could positively affect the character of the immediate neighborhood as there is more assurance of a quality development. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? The PRD zoning allows the "clustering" of the units to the north, thus avoiding the removal of mature trees and negatively affecting the existing ditch at the south. For this reason, Staff concludes there is hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes, however, rather than entertaining similar variance requests, Staff would prefer to propose an amendment to the zoning code deleting this minimum. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? This request may be economically motivated, however, a denser project could be built with the existing zoning. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes, the hardship is self-imposed. $. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Approval of the variance should not be detrimental to the public welfare. A hydrological analysis of potential impact to the Lena Gulch flood plain and nearby properties will be required before any construction can occur. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safe y or substantially diminish or impair property values within the neighborhood? City Council Staff .Report Page 4 Case No. WZ-94-6 The supply of light and air to adjacent properties will be minimally affected. There will be minor impact to the public streets as traffic on Quail will be increased by only 50 vehicle trips per day. Property values in the neighborhood should not be negatively affected. Staff concludes that use of the PRD zoning allows better use of land form and provides more control for the City to ensure a quality development, therefore we recommend approval of the variances. III. OUTLINE PLAN _ _-_ The applicant is proposing an outline plan which allows five single-family patio homes. The density proposed would be 5.8 units per acre. For comparison purposes, the gross density for standard residential zone districts are as follows: R-1: 3.48 units%acre R-lA: 4.84 units/acre R-1B: 5.81 unitsiacre R-iC: 8.71 units/acre Lot sizes will range from 6500 square feet to 8500 square feet with a maximum building coverage of 25.5% over all five lots. The homes will range in size from 1400 square feet to 1780 square feet and will be in the $130,000 - $150,.000 price range. Each home will have two garage stalls plus two off-street parking spaces. There are many mature trees on the propesrty. The developers have indicated that they will try to save as many of these trees as possible. Quail Street extending south from West 8th Avenue dead-ends in front of the project. It has 50 feet of. right-of-way, therefore, no additional street dedication will be required. When the project develops, the applicant-will be responsible for the installation of curb, gutter and sidewa'.k and a temporary turnaround until the time when Quail Street is extended over the Gulch. They are reluctant to build a standard-sized cul-de-sac bulb as it would necessitate removal of the mature trees at the southeast corner of the site. Public Works has indicated that they would be agreeable to an alternate design. Staff would recommend that design details regarding the street and irrigation ditches be worked out at time of final development plan and plat approval. City Council Staff Report Page 5 Case No. WZ-94-6 The applicants have negotiated with the adjacent property owner to the west and south as to what would be an acceptable compromise for design. Attached under Exhibit A is a list of design parameters which have been incorporated into the outline plan. Staff concludes that all minimum requirements for an outline development plan knave been met. IV. REZONING CRITERIA 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. Low density residential development is defined as containing one through seven units per acre. The proposed density at 5.8 units per acre is consistent with this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Development surrounding the property includes vacant, R-1 zoned land and R-3 land developed in townhomes: To the north is a multifamily project with R-3 zoning. Abutting the property to the south is vacant R-1 zoned land.. Low density residential development and vacant land abuts the property to the west with R-3 and R-1 zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of 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 VI. City Council Staff Report Page 6 Case No. WZ-94-6 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. There will be minimal impact to the public street system except for the installation of a temporary turnaround at the end of Quail Street. The patio homes may reduce light and air to adjacent properties slightly more than a six-unit apartment complex. Drainage will have to follow historic flow. A hydrological analysis will be performed to determine impact by the development on the capacity of the flood plain if the rezoning occurs. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned (R-1 and R-3) but could result in higher density. The PRD zoning allows more control by the City regarding type and quality of construction. 7. That the rezoning will not create axe 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 all 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 facilities especially appropriate at the location, considering available alternatives. There appears to be a void in the market for single-family residential units on smaller lots. Staff concludes .that the criteria supports approval of this request. V. NEIGIiBORH00D MEETING A meeting for neighborhood input was he'.d on April 12, 1994. Those persons in attendance were: Meredith Reckert - staff John Batug - 11252 West 38th Avenue Steve Ness - 9700 East Iliff, #C23 Dale Hammond - 3692 Quail Street Questions asked concerning the project were type and quality of construction of the units and what kind of turnaround design would be used at the end of Quail Street. Ms. Hammond indicated City Council Staff Report Case No. WZ-94-6 Page 7 that she would prefer the "do nothing" scenario, but in general, liked what they were proposing. There is some question as to whether proper notification of the neighborhood meeting occurred. Several residents claim that they did not receive notice of the meeting. As such, another neighborhood meeting was held on June 7, 1994. Those in attendance were: John & Julie Batug - 11252 West 38th Avenue Howard & Caroline Noble - 11254 West 38th Avenue Jerry & Louise Turner - 11256 West 38th Avenue The neighbors in attendance had the following concerns: 1. A proper neighborhood meeting was not held due to lack of proper notification. 2. They would like to see the property developed in accordance with the existing zoning. 3. -They feel the proposal will result in the property being overbuilt (by 1 or 2 units). 4. The developers do not have a cooperative attitude and have not attempted to work with the neighbors. 5. They question whether the property is developable at all because the flood 'plain issue has not been addressed. Exhibit 'A' is the result of negotiations between the developer and adjacent property owners to the sough and west. These items have been incorporated into the outline plan. Treatmentaofothe irrigationlditcheseneessftombehaddressed atathe time of final plan and plat. VI. AGENCY REFERRALS All agencies can serve the property with certain improvements Wheat Ridge fire District is requesting a cul-de-sac bulb or some other adequate alternative be provided at the end of Quail Street. A fire hydrant will be required at the south end of the project. Parks and Recreation Commission will require $75 per unit in lieu of land dedication. Colorado Division of Wildlife is recommending the existing trees on the property be saved and that the e:isting ditch on the south end not be piped. City Council Staff Report Page 8 Case No. WZ-94-6 Public Works will require a drainage report plus approval of a Special Exception to the flood plain ordinance. They would support an alternate design for the street turnaround. VII. PLANNING CO ISSION ACTION Planning Commission reviewed this request at a public hearing held on June 16, 1994. In regard to the variance, a recommendation of Approval was made for the following reasons: 1. Circumstances are unique. 2. The PRD zoning allows better use of-land form. 3. It provides more control for the City to ensure a quality development. With the following condition: 1. That the irrigation ditch easement is addressed. Regarding the zone change request, a recommendation of Approval was made for the following reasons: 1. The proposal is consistent with the Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. With the following condtion: 1. The plan approved is the amended plan as delineated in the agreement between the applicants and the Nobles (Exhibit 'A'). The outline plan has been amended to incorporate these items. VIII. RECOMMENDATION/CnNCLUSION In regard to the variance, Staff concludes that circumstances are somewhat unique because of natural featixres at the south end of the property. Because the PRD zoning allows better use of land form and provides more control for the City to ensure a quality development, a recommendation of approval is given for the variance to the minimum lot area for a PRD zone. Staff concludes that the zoning proposal is consistent with the Comprehensive Plan and that in general, the criteria used to evaluate a rezoning support approval of this request. For these reasons, a recommendation of approval is given for Case No. WZ- 94-6, with the condition that street turnaround design and the irrigation ditch be addressed at the time of final plan and plat. IX. RECOMMENDED MOTIONS VARIANCE City Council Staff .Report Case No. WZ-94-6 OPTION A: "I move that the request for minimum lot size for property located at APPROVED for the following reasons: Page 9 a.variance to the PRD 3701 Quail Street, be 1. Circumstances are unique. 2. The PRD zoning allows better use of land form. 3. It provides more control for the City to ensure a quality development." OPTION B: "I move that the request for a variance to the PRD minimum lot size for property located .at 3701 Quail street, be DENIED for the following reasons: 1. 2. 3. REZONING OPTION A: "I move that Case No. WZ-94-6, a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be APPROVED for the following reasons: 1. The proposal is consistent with the Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. With the following condition: 1. The street turnaround design and the irrigation ditch be addressed at the time of final plan and plat. OPTION B: "I move that Case No. WZ-94-6, a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be DENIED for the following reasons: 1. 2. 3. pc>srwz946 RE: Proposed Patio Home Development to be known as Quail Cove Date: June 10, 1994 We, the undersigned, recognize that Howard and Carol Noble have made several requests regarding the proposed patio home development to be known as Quail Cove which is located on the west side of Quail Street and south of 38th Avenue. The Nobles have requested the following: 1. that a six foot privacy fence be installed near the southwest comer of the development, along the north side of the irrigation ditch, and extending in a somewhat diagonal fashion for " approximately 20"feet to the northeast. i~ .it.,~ ~.:,,,~ j~ 3, ~ k~ '~~,~ +_~ •S'' 2. that the farthest south-located patio home be a single story structure rather than atwo-story structures 31.,~, a ,~, o•, .~?,z ^ ~~ `. r ~" 3. that covenants be established in conjunction with this development to ensure that the triangle- ~ ~ "~ shaped area to the south of the irrigation ditch and toward the south boundary of the ' development remain "open space" ;., ,a~n~1.,r,\ st,,\,~ +~s ~ .~„~`f~: a,~ i~,y~l~,(~ s ~1"~)C-~ 4. t~`th'at the farthest south-located pa\tio home be moved closer to Quail Street. ((~~ ~ t ~Tc~-. \~(:> >~. .-M~F ~~[.. ,~~, n.,l .'1'va~v,l ~"1;-,c k.i~:cS ~-rS ,~ ~~~ .~., ~: .'f~(.L, ,S.;n.~~., L:~"c ;~. .~4 u. ,;:~.:`-, John and Julie Batug, owners and developers of the proposed development, agree~o requests 1, 2,L n; ~k,. and 3. John and Julie have contacted the site planner for Quail Cove, and the landscape architect .,•;~.~~.~~ for the project (Downing, Thorpe and James in both cases) to inquire as to the feasibility of request ''-.,r« number 4. The house can not be moved closer to Quail Street because doing so would result in a violation of the required side-yard setback between this home and the home to the north. The home in question could be moved closer to Quail Street and turned on the site to be more perpendicular with Quail Street, but this would require the removal of two of the large cottonwood trees currently ~-' ' located on the site. None of the undersigned wish to remove any existing trees from the site. John ~ and Julie are therefore unable to accoj7~mod~te request nurr~ber 4. I-lh,u ~ ,~,. A~l«r„t.;.,~ ~;;ti~., '~-~ ,~,..o\.,~ ~aQ,.~. S \-rw~KS c.o,. 5.-- r1~e,-„Scr ~ i,r:. ....x c2;, ,\,~ c,n-, s'.~E~ 11- '' '~- John and Julie agree to sign this document as a pledge to comply with requests 1, 2, and 3 identified above. In exchangeyfo( these comrpromis~es, Carol and Howard Noble agree to sign this document r as evidence of their s~~ „~ 't. V .~~~e proposed development which will incorporate the~ihcee~above stated requests (Numbers 1, 2, and 3~< ~~ °~ Signed, yam', H ward No le Date J n dat - a~~- Carol Noble Date lie Batug Date ~-- //~~~.~ / spy"'' ` - _ ~ ~ ~~ /I ~ ~ ~ti IV _ 11256 West 38th Avenue WHEAT RIDGE CO 80033 ~Xl~ihr~ 6/14/94 To The Planning Commission; This is t^ inform the Planning Commission that the South Lateral ^f the Brookside Ditch runs through the southern porticn ^f the land proposed for development in case WZ-94-6. It is shown on your drawing in its approximate location. A south fork is an overflow release which goes back to Lena Gulch and the lateral itself goes east almost to Quail St. and North to a point where it drops into a siphon which carries it under Quail and ^n to the properties it serves t^ the east of Quail. It appears that the ditch may become a part ^f someone's yard and if s^ it should he made clear that Brookside Ditch has been in ^pc:ration since the 1800s and is an enforceable right not to be interferred with. The flow of this ditch must he allowed to continue unobstructed. The Planning Commission needs to address where the respon- sibility lies to insure this. Of equal concern is the area of the siphon. This was required when the ground elevation was changed and the street put in t^ serve the now existing apartments and townhouses, Apparently the pavement will double above this pipe. Whether or not the City had an agreement with the past developer is not known and he has been gone a long time. Recponsihility for insuring the flow in this pipe beneath a city street needs alsn to be addressed now. None of this is discussed in the staff's lenghty report and we ask that it be made a part of the record and given careful cansideratinn. Thank you very much, V'7"~ ~~I Axel Johnson III, V, Pres. Brookside Ditch Company _ PUBLIC BEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY AGENDA ITEX TITLE: AGENDA ITEM RECAP QUASI-JUDICIAL ~ Yes No CITY ADM. MATTERS CITY ATTY. MATTERS LIQUOR HEARINGS PUBLIC COMMENT ELEC. OFFICIALS MATTERS X ORDINANCES FOR 1ST READING _ ORDINANCES FOR 2ND READING RESOLUTIONS Council Bill providing for a rezoning from R-1 and R-3 to PRD. SUMMARY/RECOMMENDATION: Council Bill would allow for a rezoning o£ property at 3701 Quail Street from R-1 and R-3 to Planned Residential Development and for approval of an Outline Development Plan. Approval on first reading is recommended. ATTACHMENTS: BUDGETED 1) Council Bili ITEM: Yes No 2) 3) Fund Dept/Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: i I move that Council Bill be approved on first reading, ordered published, public hearing be set for Monday, 1994 at 7:00 p.m. in City Council Chambers, Municipal Building,and if approved on second reading take effect upon passage. Suggested public hearing date: August 8, 1994 ~'-~ r . ~,1~' INTRODUCED BY COUNCIL MEMBER ~~ Council Bill No. 65 ORDINANCE NO. 983 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE (R-1) AND RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 3701 QUAIL STREET, 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: S~tion ~ Upon application by John & Julie Batu for a of rezoning in.Wheat Ridge, Colorado, Case No.~~IZg94-6 andrbased upon recommendation for approval with conditions-from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at 'public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential. One and Residential-Three District and to include in the Planned Residential Development District, the following described land: THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION, 768 FEET; THENCE EAST 165 FEET MORE OR LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR.LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING }~T THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 38TH .AVENUE; THENCE EAST 1,319.8 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF TRACT 12, BROOKSIDE SUBDIVISION 768 FEET; THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC'OF A CURVE TO THE LEFT 23.562 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Section Cgnditions The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and :;ball serve as a general guideline for the future development and use of the legaliy 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 Ordinance No. 983 Series of 1994 Page 2 Code of Laws, Section 26-25. Right to develop shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning-Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3 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. S tion 4 Severability If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Eect~~ This ordinance shall take effect final publication. 15 -days after - INTRODUCED, READ, AND ADOPTED on first reading by a vote of g to 0 on this 11th day of July - 1994, ,ordered City of eWheatfRidgenandnPubPicel-Iearingnandlconsiderationlontfinal . passage set for August 8 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. August 8, 1994 - Motion by Mr. Edwards to reconsider this after the BOA has rendered READ, ADOP-T-ED AND ORDERED PUBLISHED on second and final reading by a vote of 7 this da of 1994. to 0 ~_ Y DPramb r SIGNED by the Mayor on this 13th day~Qof D~ec~ember 1994. ~ DAN WILDE, MAYOR Wanda Sang, Ci C rk APPROVED AS TO FORM BY CI/TY ATTORNEY °71axn.C 111 /~ ~ti~~C 1st Publication- ~HRYN SObIROE R, CITY ATTORNEY 2nd Publication; July 19, 1994 Wheat Ridge Sentinel ember 22, 1994 Effective. Date: January 6, 1995 <pc>Owz946.txt *its decision regarding the flood plain; seconded by Mr. Eafanti; carried 7-0. 11/14/94 - Motion to hold Public Hearing on December 12, 1994; carried 7-0. a .. r F7HEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 27, 1994 8 Motion was seconded by Board :Member ECHELMEYER. Motion carried 5-0. Resolution attached. C. Case No. WF-94-3: An application by Steven Ness for John and Julie Batug for approval of a Class II Special Exception to the Flood Plain to allow construction within the Lena Gulch 100-year Flood Plain. Greg Moberg presented the staff report. All pertinent documents were entered into record which Chairman JUNKER accepted. Board Member ECHELMEYER questioned why this was passed by City Council to them, and Mr. Moberg replied City Council cannot approve floodplain variances. The Board has, to approve the exception and then it is forwarded on to City Council for final approval. City Council wanted the Board to hear this first so they would not be spinning their wheels in the event it was denied. Board Member ROSSILLON asked if this can be approved because they are not raising the water level, and Mr. Moberg answered the applicants have to meet certain criteria and not inhibit the flow of the floodway. Mr. Moberg presented a letter from Urban Drainage dated October 20, 1994, and said the letter arrived after the packets were delivered. Board Member ABBOTT wanted to know what the structures- are to the northeast and Mr. Moberg replied townhomes. Board Member ECHELMEYER asked if the area marked for the patio homes is higher than the ground level than the units to the north and will they maintain that ground level, and Mr. Moberg said he would have to ask the engineer.. Board Member ECHELMEYER said there are also at least 5-6 homes that set to the west of this development on about the same plateau and wanted to know if they requested a floodplain variance. Mr. Moberg answered those homes were built prior to the Floodplain Ordinance which was established in the mid-70's. No further questions were asked of staff. Larry Dezman of Futura Engineering, 12741 E. Caley Avenue, dF126, Englewood, CO, was sworn in. Mr. Dezman said they used the City's mapping and existing studies as a basis for their report and submitted these to Urban Drainage and the City. Comments from Bill DeGroot and Bob Goebel were in WHEAT RIDGE BOARD OF ADJ[JSTMENT MINUTES OF MEETING: October 27, 1994 g concurrence with the conclusion of the hydraulic report. There is no change in the 100-year flood level due to the construction of this development as they are out of the floodway and according to an engineer's interpretation of the floodplain ordinance they meet the requirements of the exemption. Board Member ECHELMEYER asked what is 'out of the floodway' and Mr. Dezman answered there are two districts in the floodway administration. The floodway district is the high velocity core which carries most of the total water in a flood event and the floodplain or storage is the slower moving outer areas on either side of the floodway. The floodway will carry about 90-95%.of the water and the floodplain or storage on the outside will-.carry the remainder. Board Member ECHELMEYER questioned the last home closest to the ditch being in somewhat of a precarious position, and Mr. Dezman answered the ground is relatively higher through that area and keeps the higher velocity flood waters away. The grading of these lots was the highest location to the west and as a consequence the water is drawn from the bank to the 'drop structure'. The ground behind this development appears to be higher than the local floodplain elevation and tends to make any water separate. Board Member ROSSILLON asked if the water is deeper to the north of the site and Mr. Dezman said it is slightly deeper but is slow moving water. One interesting note is that Quail Street slopes north at 38th Avenue. Board Member ABBOTT asked regarding grading, is all of'the provisions in Section 26-206(F) provided in condition X63, and Mr. Moberg said the applicants would not be allowed to do anything other than what is allowed by that section and if you cite that section as a condition, it will contain all that is needed. Board Member ABBOTT'S concern is that any person buying a house will.-not end up with a drainage problem in their backyard, and Mr. Moberg said the grading matter is dealt with through the building department and the applicant will have to submit a drainage plan. Board Member ABBOTT said he is interested in protecting the future homeowners and Mr. Dezman said he has probably graded about 2000 houses in the last four years and this is very much in conformance with the standards of the industry. WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: October 27, 1994 10 Board Member ECHELMEYER said if these houses are built on the same level as the ground it looks like it will force, water into the development further up the street to the north because they are lower than the ground level of the patio homes. Mr. Dezman said those units are on the same cross section so-they are really not influenced by water backing up. At the back of the lots there is a small slope down so they are not creating a situation where the water can shunt around the houses. Board Member ECI3ELMEYER feels any fence from the horse property behind the development will also be responsible for shunting action, but Mr. Dezman said any shunting that will occur will be to the west. Board Member ABBOTT asked if the area is kind of like an island with the water going around the high spot and Mr. Dezman said yes, aad presented the FEMA map for more clarification, labeled Exhibit 'A'. The net result of the study is that the existing mapping stays effective because this construction does not change the water surface elevation. No further questions were asked of Mr. Dezman at this time: Steven Ness, representing the applicants, 11252 W. 38th Avenue, was sworn in. Mr. Ness said he is not the technical expert but does ask for approval of this request. Board Member ECHELMEYER stated he does not understand why the water would not spread out evenly on both sides of the stream rather than channel itself off to the southeast and he is concerned with the houses that set to the north. Mr. Dezman answered saying the water surface elevation is not changed. As you face downstream on the north side it pretty much becomes separated from the Lena Gulch channel. Mark Graff, 12975 W. Oregon Drive, Lakewood, CO, was sworn in. Mr. Graff is the owner of a townhouse at 3712 Quail Street. He said when the townhouses were built the developer brought the ground up one inch to get the buildings out of the floodplain. Approval of this project is the best thing that could happen in this neighborhood and he does not foresee a problem with the floodplain and would like to see approval of this request. No questions were asked of Mr. Graff. WHEAT RIDGE BOARD OF ADNSTMENT MINUTES OF MEETING: October 27, 1994 11 Caroline Nobel, 11254 W. 38th Avenue, was sworn in. Ms. Noble and her husband live south of this proposed development and share 150' of border with the property. Ms. Nobel said they thought this property was in the floodplain and could not be developed. Since they live right on Lena Gulch they are very concerned about the water backing up into their frontroom. The applicants have already been approved to cram a lot of houses into less than an acre and any structure, to her thinking, will dam water. Ms. Noble asked the Board to table this request if there is any doubt or if there is not much understanding of the drainage. She feels this development will make it way too dense and the land should be left open. Ms. Nobel pointed out where her house is located. Board Member ECHELMEYER asked how far up from the level of the top of Lena-Gulch do you set on the ground, and Ms. Nobel answered about 3 feet. Board Member ECHELMEYER wanted to know what Ms. Nobel meant when she said there had been changes to the Flood Plain, and Ms. Nobel asked her husband to come up and help explain this. There has been some major improvements on the property with the 'drop structure' but no one is absolutely sure as to what will happen in a 100-year flood and they do not the water to back up anymore than it has done. Howard Nobel, 11254 W. 38th Avenue, was sworn in. Mr. Nobel said the improvements to Lena Gulch have-been from the downstream up but the improvements stop right at Quail Street. There is a-drop structure as the engineer indicated. Their house is directly upstream from this development and Mr. Noble would like to be convinced with the changes that this development will not have a bad effect on the upstream houses. He has not seen the kind of proof he was hoping to see. Board Member ROSSILLON commented that he does this for a living and has seen enough evidence to be satisfied with what the engineer said. If anything, that drop structure has probably improved the situation. Mr. Noble said if somewhere along the line someone can give them some assurance that the City has analyzed this and they agree it will not impact or increase any damage to their property because of this development he will be satisfied. Discussion followed. No further questions were asked. WHSAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 27, 1994 12 Motion was made by Board Member ABBOTT, that Case No. WF-94- 3, an application by Steven Ness for John and Julie Batug, be APPROVED for the following reasons: 1. It is the City Engineer, the City Planning Department and Urban Drainage District's conclusion that construction of the five patio homes will have no negative effect on the Lena Gulch 100-year flood plain. 2. The project structures do-not appear to encroach into the described floodway. 3. The FEMA flood insurance rate map indicates this property is naturally higher in elevation than the surrounding property. WITH THE FOLLOWING CONDITIONS:- 1. Development will be in accordance with the approved official development plan presented. Any drastic changes to the building location shown may require a revised analysis. Board Member ABBOTT questioned what exactly did staff define as drastic changes and Mr. Moberg replied the applicant has to meet Section 26-206(F). The Board is looking at this before final approval of the Outline and Final Development Plan and it could be that Council or the applicant might change things. What was meant was any drastic changes to the building locations. However, most likely if anything is changed from the preliminary development plan, the applicant would have to come before the Board anyhow. 2. The finished floor elevations be no lower than 5414.68 feet above sea level and that a certification of elevation is done by a registered engineer at the time foundation forms are set prior to the placement of concrete. 3. All other flood proofing provisions specified in the Wheat Ridge Code of Laws be followed. Motion seconded by Board Member ROSSILLON. Board Member ROSSILLON stated in his opinion the applicant has done everything he is supposed to do as far as the floodplain part and the engineer has done everything that is acceptable to engineering practice. Motion carried 4-1, with Board Member ECHELMEYER abstaining. Resolution attached. CITY OF WHEAT RIDGE TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrator SUBJ: Reconsideration of Rezoning at 3701 Quail Street DATE: November 8, 1994 On August 8, members of the City Council considered Council Bill NO. 65 pertaining to a rezoning at 3701 Quail Street. On second reading the motion failed; however, a motion to reconsider this item after the Board of Adjustment's reviewed it was passed by the members of the Council. The Board of Adjustments recently reviewed and approved a variance for the property at 3701 Quail Street (see attached Board of Adjustment minutes). Given the Board of Adjustment review and approval of this matter, the item now returns to the City Council for reconsideration per the August 8 motion. For the Council members information, we have ~'~included the background information which was originally submitted to members of .the Council for .the August 8 City Council meeting. The members of Council will need to determine if this matter is to proceed further under reconsideration of the second reading of the original rezoning ordinance. If the members of the Council would like to proceed to hear this item under the reconsideration, staff suggests that it be readvertised for the December 12, 1994 City Council meeting. Respectfully submitted, ~~"!"" Robert C. Middaugh City Administrator /bb Attachments M11.8H CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 27th day of October , 1994. CASE NO: WF-94-3 APPLICANT S NAME: Steven Ness for John and Julie Batug LOCATION: 3701 Quail Street Upon motion by Board Member ABBOTT , seconded by Board Member ROSSILLON , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative officer; and WHEREAS, Board of Adjustment Application, Case No. WF-94-3 is an appeal to this Board from the decision of_an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WF-94-3, be and_hereby is APPROVED. TYPE OF VARIANCE: Class II Special Exception PURPOSE: To allow construction within the Lena Gulch 100-Year Flood Plain FOR THE FOLLOWING REASONS: 1. It is the City Engineer,-City Planning Department and Urban Drainage Districts conclusion that construction of the five patio homes will have no negative effect on the Lena Gulch 100-Year Floodplain. 2. The project structures do not appear to encroach into the described .floodway. 3. The FEMA flood insurance rate map indicates this property is naturally higher in elevation than the surrounding property. CERTIFICATE OF RESOLUTION CASE NO. WF-94-3/Page 2 WITH THE FOLLOWING CONDITIONS: 1. Development will be in accordance with the approved official development plan presented. Any drastic changes to the building location shown may require a revised analysis. 2. The finished floor elevations be no lower than 5414.68 feet above sea level and that a certification of elevation is done by a registered engineer at the time foundation forms are set prior to the placement of concrete. VOTE: YES: Abbott, Howard, Dunker and Rossillon NO: None ABSTAIN: Echelmeyer DISPOSITION: Class II Special Exception granted by a vote of 4-0. DATED this 27th day of October, 1994. SUSAN JUNKER, Chairman Mary Lou Chapla, Secretary Board of-Adjustment Board of Adjustment CITY COUNCIL MINUTES: November 14, 1994 ~ page ~ •E Item 4. Council Biil 65 - An Ordinance providing for the approval of rezoning from Residential-One (R-1) and Residential-Three (R-3) to Planned Residential Development (PRD)and for approval of an Outline Development Plan on land located at 3701 Quail Street, City 'of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-6) (John and Julie Batug) (Continued from August 8, 1994) Council Bill No. 65 was introduced on second reading by Mr. Siler; title read by the Clerk. • Mr. Gidiey stated that Case No. WZ-94-6 is back before City Council only for the purpose of setting a public hearing date. Council Bili No. 65 was previously before City Council on second reading and the case was continued for the purpose of allowing the Board of Adjustment to hear the Flood Plain special exception issue. The Board of Adjustment heard the issue at a public hearing and approved the special exception to the Flood Plain to ultimately allow for development of this property, and because the case was not posted and published for a public hearing tonight, a public hearing date needs to be set so the case can be republished and post the property and notify adjacent property owners for a full public hearing. Motion by Mr. Siler that a Public Hearing be set for Council Bill No. 65 on Monday, December 12th, at 7:00 P.M., in the City Council Chambers Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded Mr. Solano; carried 7-0. Item 5. Council. Bill 73 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Special Uses. Council Bill No. 73 was introduced on second reading by Mrs. Behm; title read by the Clerk. Mr. Middaugh stated that a mistake was discovered in Council Bill No. 73 as presented to City Council, and requested that the ordinance be tabled because it contains only apart-of what needs to be in an Act to cover all of the Special Uses. Mr. Middaugh presented a corrected draft ordinance to Council. and requested that Council consider it on first reading December 12, 1994. Motion by Mrs. Behm to table Council Bill No. 73, seconded by Mr. Eafanti; carried 7-0. Mr. Edwards questioned the reason for departing from normal Council procedures and asked why this item was not placed on the agenda at the beginning of the meeting, and requested an interpretation of the rules.. Because anything that is added to the agenda needs to be brought up at the beginning of the meeting. f AGENDA ITEM RECAP AGENDA T'S`EM Meeting Date QUASI-JUDICIAL X _ Yes No PUBLIC HEARINGS PROC /CEREMONIES - CITY ADM. MATTERS ELEC. OFFICIALS MATTERS . CITY ATTY. MATTERS X- ORDINANCES FOR 1ST READING BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING _ INFORMATION ONLY pUBLIC_COMMENT RESOLUTIONS - - - -- AGENDA ITEM TITLE: Council Bill No. 65 providing for a rezoning from R-1 and R-3 to PRD. SUMMARY/RECOMMENDATION: Council Bill No. 65 would allow for a rezoning of property at 3701 -Quail Street from R-1 and R-3 to Planned Residential Development and for approval of an Outline Development Plan, Approval on first reading is recommended. ATTACHMENTS: 1) Staff Report 2) Council Bill No. 65 3) BUDGETED ITEM 0 Yes No Fund Dept/Acct # Budgeted Amount $ Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bill-65 be approved on first reading, ordered published, public. hearing be set-for Monday, 1994, at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. Suggested public hearing date: December 12,.1994 INTRODUCED BY COUNCIL MEMBER _ Council Bill No. ORDINANCE NO. Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-ONE (R-1) AND RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 3701 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by John and Julie Batug for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-94-6 and based upon recommendation for approval with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential-One and Residential-Three District and to include in the Planned Residential Development District, the following described land: THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION, 768 FEET; THENCE EAST 165 FEET MORE OR LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; THENCE EAST 1319.8 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF TRACT Ordinance No. Page 2 Case No. WZ-946/Batug 12, BROOKSIDE SUBDIVISION 768 FEET; THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT 23.562 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Conditions. 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 develop shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3. Vested Property Rights._Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. _ Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement 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. M1 • • • Ordinance No. Case No. WZ-946/Batug 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 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: c:~wp60~ord~wz946.ord Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN CITY ATTORNEY i -SOO WEST 29TH AVENUE P O. BOX fi38 1NHEAT RIDGE. CO 80034-0638 3031234-5500- C;y Admin. Fax ? 2345924 November 25-, 1994 Police Dept. F,ax ? 235-29-9 The City of ~V6Theat Ridge This is to inform you that Case No. y~~_gq_ti which is a request for ap~rox~al ~f a rP~onin5~ from R-4 anti R-l +n Plannari Residential Development & approval of an outline development plan £or property located at 3761 Quail Street r will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. , on December 12, 1994 All owners and/or their legal counsel of the parcel under consideration mus be present at this hearing before the (`i t-v .o ~n i ~ As an area resident or interested party, you have the right to attend this Public Rearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform r v n„„~.:, r,.~~~ ~ i Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being. processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding. viability of the project." Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. __ If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this. filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. 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PLACE STICKER AT 70P OF ENVELOPE TO ', \ ~ ~ ~ -i THE RIGHT OF RETURN ADDRESS. j (( S '-- t^^ _,I __ , ~~ ti `~ '\ TO: CITY COUNCIL CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Date of Meeting: December 12, 1994 Case No. & Name: WZ-946/BATUG Date Prepared: November 30, 1994 Case Manager: Meredith Reckert Action Requested: Rezone from R-3 and R-1 to PRD with a variance Location of Request: 3701 Quail Street Name & Address of Applicant: Owner: Approximate Area: .862 acre Present Zoning: R-3 and R-1 Present Land Use: Vacant John & Julie Batug 11252 W 38th Ave, Wheat Ridge Same Surrounding Zoning: N: R-3; S: R-1; E: R-3 & R-1; W: R-3 & R-1 Surrounding Land Use: N: multifamily; S: vacant; E: multifamily, vacant; W: single family, vacant Comprehensive Plan: Low density residential Date Published Date to be Posted: Date Legal Notices Sent: Agency Check List Related Correspondence November 23, 1994 November 28, 1994 November 28, 1994 (XX) Attached (XX) Attached ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Zoning Ordinance (XX) Exhibits ()Not Required ( )None (XX) Case File & Packet Materials ( ).Subdivision Regulations ( )Other JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-946JBatug REQUEST Page 2 The applicant requests approval of a rezoning from R-1 and R-3 to PRD with a variance and for approval of an outline development plan for property located at 3701 Quail Street. The property in question has split zoning with R-3 on the approximate northern one-third and R-1 on the remainder. If the property was developed with the current zoning, the result would be six multifamily units on the.R-3 and one single-family dwelling lot 23,000 square feet in size on the R-1 parcel. This would result in a combined density of 8.14 units per acre. At this time, the developer is requesting approval only of the PRD zoning and outline development plan. The intent of the outline plan is to establish a general character of the proposed development and establish allowable densities. Prior to any construction on the property, a combined final development plan and plat must be approved by Planning Commission and City Council. A special exception to the flood plain ordinance has been approved by the Board of Adjustment as the property is entirely within the Lena Gulch 100-year flood plain. II. VARIANCE The applicant is requesting a PRD zoning on the property however Section 26-25 (IV)(B)(1) requires that each PRD district be a minimum of one acre in size. In this case, 4he property is only .86 acre, therefore a variance is required. If the variance is not granted, the property cannot be rezoned to PRD. Staff has the following comments regarding the criteria used to evaluate a variance request. Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The property could be developed under the existing R-3 and R-1 zoning, however the planned development concept typically creates a more integrated neighborhood, allows better use of land form and allows more control by the City in regard to the type and quality of construction. 2. Is the plight of the owner due to unique circumstances? Planning Division Staff Report Page 3 Case No. WZ-94-6/Batug The circumstances are unique because of the natural features (i.e., trees and ditch) on the south end of property. 3. If the variation were granted, would R alter the essential character of the locality? If the variance is granted and the project built, it could positively affect the character of the immediate neighborhood as there is more assurance of a quality development. 4. Would the particular physical surrounding, shape or topographical condition of the specfic properly involved resuR in a particular hardship (upon the owner) as distinguished from a mere inconvenience, 'd the strict letter of the regulations were tamed out? The PRD zoning allows the "clustering" of the units to the north, thus avoiding the removal of mature trees and negatively affecting the existing ditch at the south. For this reason, Staff concludes there is hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? No, because of the unique nature of this property and the fact that less intensive rather than more intensive uses are proposed. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the properly? This request may be economically motivated, however, a denser project could be built with the existing zoning. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes, the hardship is self-imposed 8. Would the granting of the variations 6e detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the Properly is located? Approval, of the variance should not be detrimental to the public welfare. A hydrological analysis of potential impact to the Lena Gulch flood plain has been approved as it was concluded that there will be no negative impact to the flood storage capacity or adjacent properties as a result of this development. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Planning Division Staff Report Page 4 Case No. WZ-94-6/Batug The supply of light and air to adjacent properties will be minimally affected. There will be minor impact to the public streets as traffic on Quail will be increased by only 50 vehicle trips per day. Property values in the neighborhood should not be negatively affected. Staff concludes that use of the PRD zoning allows better use of land form and provides more control for the City to ensure a quality development, therefore we recommend approval of the variances. III. OUTLINE PLAN The applicant is proposing an outline plan which allows five single-family patio homes. The density proposed would be 5.8 units per acre. For comparison purposes, the gross density for standard residential zone districts are as follows: R-1: 3.48 units/acre R-1A: 4.84 units/acre R-iB: 5.81 units/acre R-1 C: 8.71 units/acre Lot sizes will range from 6500 square feet to 8500 square feet with a maximum building coverage of 25.5% over all five lots. The homes will range in size from 1400 square feet to 1780 square feet and will be in the $130,000 - $150,000 price range. Each home will have two garage stalls plus two off-street parking spaces. There are many mature trees on the property. The developers have indicated that they will try to save as many of these trees as possible. Quail Street extending south from West 38th Avenue dead-ends in front of the project. It has 50 feet of right-of-way, therefore, no additional street dedication will be required. When the project develops, the applicant will be responsible for the installation of curb, gutter and sidewalk and a temporary turnaround until the time when Quail Street is extended over the Gulch. They are reluctant to build astandard-sized cul-de-sac bulb as it would necessitate removal of the mature trees at the southeast corner of the site. Public Works has indicated that they would be agreeable to an alternate design. Staff would recommend that design details regarding the street and irrigation ditches be worked out at time of final development plan and plat approval. The applicants have negotiated with the adjacent property owner to the west and south as to what would be an acceptable compromise for design. Attached under Exhibit A is a list of design parameters which have been incorporated into the outline plan. Staff Planning Division Staff Report Page 5 Case No. WZ-94-6/Batug concludes that all minimum requirements for an outline development plan have been met. IV. REZONING CRITERIA 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: That the change of zone is in conformance, or will bring the property into conformance wiRh 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. Low density residential development is defined as containing one through seven units per acre. The proposed density at 5.8 units per acre is consistent with this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Development surrounding the property includes vacant, R-1 zoned land and R-3 land developed in townhomes. To the north is a multifamily project with R-3 zoning. Abutting the property to the south is vacant R-1 zoned land. Low density residential development and vacant land abuts the property to the west with R-3 and R-1 zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of 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 VI. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. There will be minimal impact to the public street system except for the installation of a temporary turnaround at the end of Quail Street. The patio homes may reduce light and air to adjacent properties slightly more than asix-unit apartment complex. Planning Division Staff Report Page 6 Case No. WZ-94-6/Batug Drainage will have to follow historic flow. A hydrological analysis was performed which determined that there will be minimal impact by the development as proposed on the capacity of the flood plain. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property could be developed as zoned (R-1 and R-3) but could result in higher density. The PRD zoning allows more control by the City regarding type and quality of construction. 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 all 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 facilities especially appropriate at the location, considering available akernatives. There appears to be a void in the market for single-family residential units on smaller lots. Staff concludes that the criteria supports approval of this request. V. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on April 12, 1994. Those persons in attendance were: Meredith Reckert -staff John Batug - 11252 West 38th Avenue Steve Ness - 9700 East Iliff, #C23 Dale Hammond - 3692 Quail Street Questions asked concerning the project were type and quality of construction of the units and what kind of turnaround design would be used at the end of Quail Street. Ms. Hammond indicated that she would prefer the "do nothing" scenario, but in general, liked what they were proposing. There is some question as to whether proper notification of the neighborhood meeting occurred. Several residents claim that they did not receive notice of the meeting. As such, another neighborhood meeting was held on June 7, 1994. Those in attendance were: Planning Division Staff Report Case No. WZ-94-6/Batug 3. It provides more control for the City to ensure a quality development. With the following condition: That the irrigation ditch easement is addressed. Page 8 Regarding the zone change request, a recommendation of Approval was made for the following reasons: 1. The proposal is consistent with the Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. With the following condition: 1. The plan approved is the amended plan as delineated in the agreement between the applicants and the Nobles (Exhibit'A'). The outline plan-has been amended to incorporate the§e,items. Minutes and resolutions are-included under Exhibit'E'. _ ,-- VIII. BOARD OF ADJUSTMENT ACTION This case was originally scheduled for public hearing in front of City Council on August 8, 1994. A motion was approved to continue the public hearing until after a Special Exception hearing in front of the Board of Adjustment. The Board of Adjustment reviewed a request for Special Exception permit to build within the Lena Gulch 100-year flood plain on October 27, 1994. A recommendation of Approval was made for the following reasons: 1. It is the City Engineer, City Planning Department and Urban Drainage District's conclusion that construction of the five patio homes will have no negative effect on the Lena Gulch 100-Year Floodplain. 2. The project structures do not appear to encroach into the described floodway. 3. The FEMA flood insurance rate map indicates this property is naturally higher in elevation than the surrounding property. WITH THE FOLLOWING CONDITIONS: 1. Development will be in accordance with the approved official development plan presented. Any drastic changes to the building location shown may require a revised analysis. 2. The finished floor elevations be no lower than 5414.68 feet above sea level and that a certification of elevation is done by a registered engineer at the time foundation forms are set prior to the placement of concrete. See attached minutes included under Exhibit'F'. Planning Division Staff Report Page 9 Case No. WZ-946/Batug IX. RECOMMENDATIONICONCLUSION In regard to the variance, Staff concludes that circumstances are somewhat unique because of natural features at the south end of the property. Because the PRD zoning allows better use of land form and provides more control for the City to ensure a quality development, a recommendation of approval is given for the variance to the minimum lot area for a PRD zone. Staff concludes that the zoning proposal is consistent with the Comprehensive Plan and that in general, the criteria used to evaluate a rezoning support approval of this request. For these reasons, a recommendation of approval is given for Case No. WZ-946, with the condition that street turnaround design and the irrigation ditch be addressed at the time of final plan and plat. IX. RECOMMENDED MOTIONS VARIANCE OPTION A: "I move that,the request for a variance to the PRD minimum lot size for property located at 3701 Quail Street, be APPROVED for the following reasons: 1. Circumstances are unique. 2. the PRD zoning allows better use of land form. 3. It provides more control for the City to ensure a quality development." OPTION B: "I move that the request for a variance to the PRD minimum lot size for property located at 3701 Quail street, be DENIED for the following reasons: 1. 2. 3. " REZONING OPTION A: "I move that Council Bill No. a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be APPROVED for the following reasons: 1. The proposal is consistent with the Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. With the following condition: The street turnaround design and the irrigation ditch be addressed at the time of final plan and plat. Planning Division Staff Report Page 10 Case No. WZ-94-6/Batug OPTION B: "I move that Council Bill No. , a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be DENIED for the following reasons: 1. 2. 3. " c:1wp60~pc~srwz946 -. err ii~2. tt t': ~:7t ill S.Ii% CASE NO_. WZ-94-6 EXHIBIT 'C' :JI1 ~. "~ 1. _~ t} i Judp Schmidt `~~ ~'~ #~ j? j ! 9385 East Cente~~ ~y . i t ~ - ' a~ _„~ ~~ Denver, Colorado ~ ~ ~ ~' .w . - .. . Wheatridge City Council Jefferson County 7500 West 29th Avenue Wheatridge, CO 80215 Dear Council Members, S am writing regarding the property development hearing held on August 8, 1994, on 3701 Quail owned by John and 3ulie Batug. S own the property at 3700 Quail and would welcome the building of the five proposed patio ieomes in what is currently a heavily weeded area_ S would like to mention the following points: -.These would be plenty of remaining open space via the Lena Gulch _ _ • The five ratio homes would increase the value of the property in r_he area • I do not, believe we should keep out a developer who wants to enhance the city and whose work would bring additional revenue to the city. • 'These homes would be far superior to the currently standing condominium/apartments on the west side of Quail which detract and devalue the area. • Prohibiting this builder from producing a quality project now may leave an opening for a lesser project to .occur in future years. • Please consider that people who do not own property on the same street or adjacent to the proposed project, are unlikely to value the opportunity for a high quality property development. Thank you for considering the above points. Sincere y, ~ .~~:d'y s c hm i a t Distributed to: ~ Council: Date: g ~ ~ Mayor City Clerk: ,/ ~ City Adm: /C'~~N C~d~~ v _ ~ Viola C. Schmidt 9385 Eau Center, lOC Dcnvcr, Colorado 80231 To the Wheatridge City Council, ASE NO. W_Z-_ 94-6 EXHIBIT 'D', August 9, 7994 We attended your meeting last night, August 8th. We were shocked, that again, we find opposition to case # W Z-94-6, pr opoaal for the property at 3701 Quail. This apgroval is sorely needed. The same people oppose it as did several years ago, and for a different reason. Back then we never heard them mention an irrigation ditch. It was dust that they had bought their homes in a quiet peaceful area and they didn't need the extra population around. They were successful in blocking it but they didn't offer anything positive for the area. They didn't have to look at the eyesore from their Liv- ingroam windows. They don't even border that area, nor do they £soe it. This property actually is in the 3600 block and they are living at 71254 and 56 38th over 2 blocks away, We care about our homes, We care about our block, We cars about our street, We care about Wheatrldge. The good plan that Mr. Nose proposed should enhance all, including an upgraded irrigation ditch. Furthermore we :o-;r,v y., should could use the Real Estate tax, We would hope the Council would appreciate the pride we have in our homes and our oommuaity. Legally, I xonder Sf this can be blocked. It does mean a difference in the valuation of our homes. Please drive ove; there and look at this situation. ,rust ~'S ro taPc~*y -9 ioo 4~«~R, This is scheduled for reconsideration after a Board of Adjustment hearing. IC is quasi-9udicial and is distributed for your information at Chia Cime. B. Middaugh Agents for Judy Schmidt, / .~C%Gc ....w"~ Ert~st Schmidt Viola Schmidt M/M E. J, Schmidt D7etr7buted by d7yAdmWetnttor ryo~:~ nat« Fr - is - s ~ ^~~ V ~ t/ 9385 East Center, 10 C Denver, Colorado, 80231 Planning Commission Minutes June 16, 1994 3. PLEDGE OF~ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA -- -. ~; CASE NO. WZ-94-6 __ EXHIBIT'E' Page 2 Vice Chairperson ECKHARDT requested the addition of an item under NEW BUSINESS. He wished to discuss a certified letter he received from Ken Lewis. With that addition, Commissioner CRUMPTON moved for approval of the agenda for the meeting of June 16, 1994. Commissioner JOHNSON seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINUTES Commissioner LANGDON moved to approve the minutes of the meeting of-June 2, 1994 as printed. Commissioner OWENS seconded the motion. Motion carried 5-0. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one had signed the roster to speak nor came forward at this time. 7. PUBLIC HEARING 1. tease No. WZ-94-6: An application by John and Julie Batug for approval of a rezonir~.g from Residential-Three and Residential-One to Planned Residential Development with a variance and for approval of an outline development plan for property located at 3701 Quail Street. Meredith Reckert presented the staff report. Entered and accepted into the record were the Comprehensive Plan, Zoning Ordinance, exhibits, case file and packet materials. Commissioner JOHNSON asked Ms. Reckert what would be required to remove the property from the 100-year flood plain. Ms. Reckert stated either channelizing Lena Gulch or raising the level of the proposed units (with fill) would be necessary. The first floor elevation must be one foot above the 100-year flood plain level. Vice Chair ECKHARDT asked if the entire parcel was in the flood plain. Ms. Reckert answered that it was. i (' Planning Commission Minutes June 16, 1994 Page 3 Vice Chair ECKHARDT asked about the location of the ditch Ms. Reckert referred to. Ms. Reckert pointed out the ditch and Lena Gulch. Vice Chair ECKHARDT asked if the ditch served-other property owners. Ms. Reckert stated it is a return-to-stream, it then rejoins Lena Gulch. A representative of the ditch company is present, she added. Steven Ness, 9700 East Iliff, #C23, Denver, was sworn in. Mr. Ness passed out a modified site plan and noted that an agreement had been made with the Nobles to change the original plan as follows: 1. The fifth or southernmost patio home would be a single story; 2. On the southernmost lot, the privacy fence would round the corner to the first tree; 3. That two evergreen trees be planted on the southernmost lot to screen the Nobie residence; and 4. That the triangular piece of property encompassing the trees remain open space. With the above-listed changes, the Nolans had signed an agreement not to object to the development. Mr. Ness elaborated on the plan, relating to those present that the homes were to be built on slabs one foot above the highest flood plain level. Vice Chair ECKHARDT asked who would maintain the triangular piece of land remaining open space. Mr. Ness stated that the property would be left in its natural state. Vice Chair ECKHARDT asked if provisions for water would have to be made (such as a retention pond) since the grade was being raised for the proposed homes. Mr. Ness stated no such provision was required. The site drainage can have no impact on surrounding properties. Fences would-not be placed between buildings in order not to .block drainage.. However, any flood capacity displaced by fill would have to be accommodated elsewhere on the property. Commissioner LANGDON asked if a fire hazard would be created by the triangular-shaped piece that would become open space? Planning Commission Minutes Page 4 June 16, 1994 Mr. Ness stated the-fence is only 30 feet long, he did not feel it would .affect the safety of the property. Terminology would be added to .the covenants so that measures could be taken should the property-ever become a fire hazard. Howard Noble, 11254 West 38th Avenue, Wheat Ridge was sworn in. Mr. Noble stated he lives ,directly south of the proposed development. He doesn't like the plan, he feels it is too dense. However, he added, the alternatives are much worse. Mr. Noble reiterated the agreement he had made with Mr. Ness. He stated he wanted to avoid a cul-de-sac at the end of Quail Street, which would necessitate removal of the trees. Mr. Ness was concerned with, possible problems relating to the flood ,plain and the future of the property in question. Ms. Reckert assured Mr. Noble that the recordation of the plan with the County becomes binding on the property. She elaborated. Mr. Noble asked if any changes could be made to the property without going through the same process again. Ms. Reckert explained. Vice Chair ECKHARDT asked if Mr. Noble had his questions answered. Mr. Noble answered "pretty much". Vice Chair ECKHARDT noted that Public Works is working to devise an acceptable configuration for turnaround. Ms. Reckert talked about possible alternatives. Louise Turner, 11256 West 38th Avenue, Wheat Ridge was sworn in. Ms. Turner read a letter £rom Brookside Ditch Company. This letter was accepted into the record. Ms. Reckert 'stated that generally the developer is responsib'fe for improvements required for a ditch running through their-site. She volunteered to talk with Public Works Department and get their recommendations. Ms. Turner had some concern about a turnaround plan. Ms. Reckert showed a possible turnaround configuration on the overhead. Ms. Turner asked if a plan such as the proposed plan before Commission could be amended without going through the Planning ~ Commission and. City Council process. Planning Commission Minutes Page 5 June 16, 1994 1. Ms. Reckert stated small changes such as adjusting a property line or facade change could be handled administratively. However, no additional units could be allowed. Anything affecting the character of the development would require the complete process. Ms. Turner asked if a rezoning would require public hearing before Planning Commission/City Council? Ms. Reckert stated that any requested change (either a rezoning or amendment) affecting the character of the development .would require the public hearing process. Ms. Turner stated she recalled that many plans had been amended without changing the zoning or amending the original plan. Ms. Turngr stated none of the residents present received notification of the public input meeting. The developer stated that notices were placed in mailboxes. She requested that developers be informed that leaving notices in mailboxes is not an acceptable form of notification. Vice Chairman ECKHARDT asked Ms. Turner if she spoke as a private citizen. Ms. Turner stated that yes, she represented the ditch company when reading the letter from same. However, other comments were made as a private citizen. Commissioner JOHNSON asked if an easement for the ditch existed? Also, who will maintain the ditch running through the site in question. Ms Turner stated that normally the ditch company maintains the "main" and property owners maintain the "laterals". Otherwise, she stated she did not know. CommissiorieY~ JOHNSON asked if an easement existed? Ms Turner stated that the attorney for the ditch company explained to her that the existence of the ditch constitutes an easement. However, the ditch in question had been moved by the City and is not in its original location. She elaborated. Commissioner JOHNSON asked if persons in the development would be allowed to use water from the ditch? Ms. Turner answered that the previous owners-who sold the property owned two shares of ditch water personally. However, she thought it had nothing to do with the proposed development. People have to own shares in-the ditch to have water rights. l Planning Commission Minutes June 16, 1994 Commissioner JOHNSON asked then if the shareholders would maintain the ditch? Page 6 Ms. Turner was uncertain. She noted that shareholders maintain the ditch on their own properties. Ms. Reckert stated that is an item that needs further deliberation. Ms. Turner stated the water rights were originally dedicated with the properties. At the time of adjudication, those rights were called in and transformed into shares and then distributed to the current owners at that point. Commissioner LANGDON asked how many ditch users exist prior to the ditch flowing into Lena Gulch? Ms. Turner answered that Ernestine Williams is the only one. Commissioner LANGDON told of a personal experience regarding ditch water rights. He asked if Ms. Williams used the ditch water. Ms. Turner stated yes, Ms. Williams uses the ditch water. Commissioner JOHNSON asked who would accept liability for the, ditch running through the site. Ms. Turner stated she did not know. She added that she would discuss these questions with the attorney for the ditch company. Vice Chair ECKHARDT requested that further discussion be limited to the matter at hand. Dale Hammond, 3692 Quail Street, Wheat Ridge was sworn in. Ms. Hammond was concerned about the width of the street and if it was wide enough to accommodate parking along both sides. Ms. Reckert stated that 50 feet of right-of-way has been dedicated along the entire .parcel, so no additional would be required. Typically, she added, the street would be built with a 34-foot section from flow line to flow line, which would allow parking on both sides of the street. Ms. Hammond stated that many people park on the street, due to tight parking at the rear of the neighboring townhouses. She was hopeful that the large tree-on the northeast side of the property could be saved. She suggested that the tree could possibly be in the center of a circle turnaround. Mr Ness stated since the large tree Ms. Hammond spoke of is within the 50-foot right-of-way, it was doubtful it could be Planning Commission Minutes June 16, 1994 Page 7 saved. The trees at the south end of the property, however, will be saved. He assured those. present that a ditch easement would be provided and, if necessary, a culvert would be installed to carry the water under the street. He elaborated. Vice Chair ECKHARDT stated that he had seen trees in the middle of the street before and like the way they had looked. Ms. Reckert stated that possibility would be investigated. Commissioner LANGDON asked if the ditch easement should be addressed in any motion by Commission. Ms. Reckert stated the Commission needs to make its intent (to leave the ditch alone) known to the developer. Discussion was heard. Vice Chairman ECKHARDT reiterated to those present that Planning Commission was considering two questions: 1) rezoning to PRD; and 2) a variance for the minimum allowable size for PRD. Ms. Reckert stated that the variance request should be addressed first. Commissioner LANGDON moved 'that the request for a variance (Case No. WZ-94-6) to the PRD minimum lot size for property located 3701 Quail Street, be Approved for the hollowing reasons: 1. Circumstances are unique. 2. The PRD zoning allows better use of land form. 3. It provides more control for the Cii:y to ensure a quality development. With the following condition: 1. That the irrigation ditch easement is addressed. Commissioner OWENS seconded the motion. Motion carried 5-0 Commissioner LANGDON moved that Case No. WZ-94-6, a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be Approved for the following reasons: 1. The proposal is consistent with the Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. Commissioner OWENS seconded the motion. i Planning Commission Minutes June 16, 1994 Page 8 Commissioner JOHNSON suggested a friendly amendment to approve the plan as amended by the previously-mentioned agreement between the applicants and the Nobles. See Exhibit 'A'. Commissioner LANGDON accepted that friendly amendment. Motion to approve the amendment carried 5-0. Motion carried to approve. the motion carried 5-0. 2. Case No. WZ-94-7: An application by Mollie and Robert Williams for approval of an amendment to a-Planned Industrial Development final development plan. Said property is located at 5075 Tabor Street. Ms. Reckert passed around an additional piece of correspondence, a memo from Jacque Wedding-Scott, Office of Economic Development. 'Ms. Reckert presented the staff report. Entered into the record and accepted were the comprehensive Plan, Zoning Ordinance, case file and packet materials. Commissioner JOHNSON asked how many stories high are the proposed Vermillion buildings? Ms. Reckert stated she thought they were low profile -'one to two stories. Commissioner JOHNSON pointed out that since there is a 50 to 60 foot difference in elevation, the view of the site in question is that of a gravel wall. Ms. Reckert acknowledge that fact. Commissioner LANGDON asked about the recommendation from OED. Ms. Reckert explained that OED would like, as a concession to allow the 11,000 square foot building, the building envelope for the 4,000 square foot building be moved closer to the north property line. Commissioner LANGDON asked if the proposed building is a temporary building. Ms. Reckert answered that the building suould be permanent when built. Because the building is shown on the plan, the owner has the right to build it. She added that they are in excess of the minimum setbacks. She pointed out the 5ocation of the existing building seen on the slides earlier. Vice Chair ECKHARDT asked what was the objection to having them build close to_the south property line. n Ms. Reckert stated she thought the concern was aesthetics. CERTIFICATION OF RESOLUTION CITY OE WHEAT RIDGE PLANNING COMMISSION .;ASE NO: WZ-94-6 LOCATION: 3701 Quail Street APPLICANT(S) NAME: John and Julie Batug OWNER(S) NAME: Same. REQUEST: Approval of rezoning from R-2 and R-1 to PRD with a variance and for approval of an outline development plan APPROXIMATE AREA: .862 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of __ factors to be considered with. the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and _ -- WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner LANGDON, seconded by Commissioner OWENS, that regarding Case No. WZ-94-6, an application by Jim and Julie Batug for a variance to the PRD minimum lot size for property located at 3701 Quail ( treet, be Approved for the following reasons: 1. Circumstances are unique. 2. The PRD zoning allows better use of land form. 3. It provides more control for the City_anc'~ to ensure a quality development. With the following condition: 1. That-the irrigation ditch easement is addressed. VOTE: YES: Eckhardt;'Owens, Langdon, Crumpton and Johnson NO: None 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 5-O vote of the members present at their regular meeting held in the Council. Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 16th day of June, 1994. Q,^, f r ~ Robert Eckhardt, Vice Chairperson Sandra Wiggins, retary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLA NG COMMISSION <pc>Rwz946.txt CITY COUNCIL AGENDA: December 12, 1994 Page 4 C-~ Item 3. Council Bill 65 - An Ordinance providing for the approv I of rezoning from Residential-One (R-1) and Residential-Three (R-3) to Planned Residential Development (PRD)and for approval of an Outline Development Plan on land located at 3701 Quail Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-94-fi) (John and Julie Batug) Council Bill 65 was introduced on second reading by Mrs. Behm; title read by the Clerk; Ordinance No. 983 assigned. Mr. Gidley presented the staff report. Steve Ness, speaking on behalf of the owners, Julie and. John Batug, who were present, and sworn in by the Mayor, asked for approval of this proposal and answered Council's questions. Mark Graff was sworn in by the Mayor and read a letter into the record speaking in favor of the application, signed by Judy, Emest and Viola Schmidt. Mr. Graff also spoke in favor of the application. Louise Turner was sworn in by the Mayor and asked that it be in the record that the ditch rights will be preserved. ' Motion by Mrs. Behm that the request for a variance 4o the PRD minimum lot size for property located at 3701 Quail Street, be approved for the following reasons: 1. Circumstances are unique. 2. The PRD zoning allows better use of land form. 3. It provides more control for the City to ensure a quality development; seconded by Mr. Solano; failed 2-5 with Mrs. Fields and Mrs. Worth voting no. (This requires a majority vote of Council to pass - 6 in favor). Mrs. Worth voted no because this is a PRD and in our Ordinance it says that a PRD or Planned Development should not circumvent our rules for rezoning; in this case there would be zero lot lines which is different than our 5 ft setbacks; just follow the zoning ordinances and not come in for a PRD. Mrs. Fields voted no because she was bothered about the zero lot lines, but since the applicant had not specifically asked for zero lot lines, she asked for reconsideration; seconded by Mr. Edwards; carried 7-0. Motion by Mrs. Behm that the request for a variance to the PRD minimum lot size for property located at 3701 Quail Street, be approved for the following reasons: 1. Circumstances are unique. 2. The PRD zoning allows better use of land form. 3. It provides more control for the City to ensure a quality development; seconded by Mr. Edwards; carried 7-0. Mrs. Worth asked that the applicant come to the microphone and state their position on the lot lines. Mr. Graff stated they are not in favor of zero lot lines; they like space and more of a single family appeal; their drawing represents that. ,• CITY COUNCIL AGENDA: December 12, 1994 Page 5 Motion by Mrs. Behm that Case No. WZ-94-6, a request for approval of a rezoning from R-3 and R-1 to PRD and for approval of an outline development plan for property located at 3701 Quail Street be approved for the following reasons: 1. The proposal is consistent with the' Comprehensive Plan. 2. The criteria used to evaluate a rezoning support approval of this request. With the following condition: 1. the street turnaround design and the irrigation ditch be addressed at the time of final plan and plat; seconded by Mr. Solano; carried 7-0. Item 4. Public hearing on the proposed 1995 Annual Budget. There was no one present to speak. Item 5. Council Bill 76 - An Ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, pertaining to Housing Codes. Council Bi11 76 was introduced on second reading by Mr. Solano; title read by the Clerk; Ordinance No. 984 assigned. • Motion by Mr. Solano that Council Bill 76 (Ordinance 984) be approved; seconded by Mrs. Behm. Motion by Mr. Edwards to amend Section 102 that this only deal with rental units; seconded by Mrs. Worth; failed 3-4 with Councilmembers Fields, Edwards, and Worth voting yes. Vote on original motion carried 4-3 with Councilmembers Fields, Edwards and Worth voting no. Mr. Edwards feels citizens. will have to defend and represent themselves against their own government on something that is not the government's business., Item 6. Council Bill 78 - An ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Special Uses. Council Bill 78 was introduced on second reading by Mrs. Behm; title read by the Clerk; Ordinance No. 985 assigned. Mr. Middaugh asked for a minor amendment that the Ordinance take effect upon passage. Motion by Mrs. Behm that Council Bill 78 (Ordinance 985) be approved and take effect upon passage; seconded by Mr. Solano. Mr. Edwards asked for an amendment under Section (2)(d) to make clear what section people are to refer to for site plan information for a Special Use Permit. This was accepted as a friendly amendment by motion-maker and second. Motion carried 7-0. AGENDA ITEM RECAP QUASI-JUDICIAL X -_. _ Yes No PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS ORDINANCES FOR 1ST READING _ BIDS/MOTIONS LIQUOR HEARINGS ~ ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS _ _ AGENDA ITEM TITLE: Public Hearing - Case No. WZ-94-6 SUMMARY/RECOMMENDATION: This is a request for approval of a rezoning from R-3 and R-1 to Planned Residential. Development and approval of an outline dav_elopment plan. A variance to maximum zone district size is also being requested. A recommendation of approval is given for both requests. ATTACHMENTS: BUDGETED 1) Staff Report ITEM 2) Yes No 3) Fund Dept/Acct # Budgeted Amount $ Requested Expend.$ Require's Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: '~I move that the request for a variance to the PRD minimum lot size for property located. at 3701 Quail Street, be APPROVED for the following reaso~s: 1. Circumstances are unique. 2. The PRD zoning allows. better use of land form. 3. It provides more control for the City to ensure a quality--development." "I move that Case No. WZ-94-6, a request for approval of a rezoning from_R-3 and R-1 to PRD_and for approval of an outline. development plan for property located at 3701 Quail Street be_APPROVED for the following reasons: 1. The proposal is consistent with the „Comprehensive Plan. 2. The criteria used,to evaluate a rezoning support ~rproval of this request.. With the following condition: 1. The street turnaround design and_the irrigation ditch be addressed at the time of final plan and plat." f ! X r ~ ~~ INTRODUCED BY COUNCIL MEMBER ~~ Council Bill No. 65 ORDINANCE NO. .983 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE (R-1) AND RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN ON LAND LOCATED AT 3701 QUAIL STREET, 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 John & Julie-Batu for a of rezoning in Wheat Ridge, Colorado, Case No.WZg94fi andrbased upon recommendation for approval with conditions from the wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential One and Residential-Three District and to include in the Planned Residential Development District, the following described land: THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK 12, HROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION, 768 FEET; THENCE EAST 165 FEET MORE OR LESS TO THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165 FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, 'TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 38TH AVENUE; THENCE EAST ].319.8 FEET TO THE POINT OF BEGINNING; THENCE SOUTH ALONG THE EAST LINE OF TRACT 12, BROOKSIDE SUBDIVISION 768 FEET; THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT; THENCE ALONG THE ARC OF A CURVE TO THE LEFT 23.562 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST 38TH AVENUE; THENCE EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2 Conditions The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and ::,Ball 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 accord ance with Wheat Ridge ~ ~-- Ordinance No. 983 Page 2 Series of 1994 Code of Laws, Section 26-25. Right to develop shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. section 3 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. Seci-y~4 eve,-ability If any clause, sentence, part of this ordinance or the a Paragraph,. pr or circumstances shall for any Peasontbenadjudged by ancourtsof competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5 This ordinance shall take effect final publication. 15 days after INTRODUCED, READ, AND ADOPTED on first reading by a vote of g to 0 on this., 11th day of July 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 fo= August 8 1994, at 7:00 o clock the Council Chambers, 7500 West 29th Avenue, Wheat' Ridge, m•' in Colorado. August 8, 1994 - Motion by Mr. Edwards to reconsider this after the BOA has rendered READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 this 1994. to 0 _ ~_ ,day of De mb r SIGNED by the Mayor on this 13th day~Qof D~ec~ember ,_ 1994. /v"o~-..a.(.t/ OLIN . _ _ ~ DAN WILDE, MAYOR Wanda Sang, Ci C rk APPROVED AS TO FORM BY CITY ATTORNEY K~ITHRYN SOHROED R, CITY ATTORNEY 1st Publication: July 19, 1994 2nd Publication: p~;,P-~ber 22, 1994 Wheat Ridge Sentinel Effective Date: January 6, 1995 <pc>Owz946.txt *its decision regarding the flood plain; seconded by Mr. Eafanti; carried 7-0. 11/14/94 - Motion to hold Public Hearing on December I2, 1994; carried 7-0.