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WZ-95-16
~s • ~t~ ~'~`v The Cify of ADMINISTRATIVE PROCESS APPLICATION 1~1 ~ldge 7500 Wer tm 29th A elann heat Ridge,e CO m 8 033 Phone (303) 237-6944 Applicant Address Phone ( "lr ,!~ ~ tt /`z2~~7CdiJ~ n ~/-e2t12-3~00 Owner ~~i ,~ Address f~/~'~%~~Q'!'~ Phone~.~-~-yy~y Loca Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. ipt Variance/Waiver ~cf5'l~ .~ Nonconforming use change~~~N~~ Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other r< ~i / .. List all persons and companies who hold an interest in the. described real.. property, as owner, mortgagee, lessee, optionee, etc. ~, ~a ~ y~ NA~t f ~ DDRESS .t~~~j~~l~J PHONE / /n .. is ~i.., ni L,[ hlJ~~.?~7,..n. SC'J 1' !~ I C 3 ns~/ PI . o~~~ - yo3 ~/ I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested actior, cannot lawfully be .accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on hi ehalf Signature of Applicant ~ ~~ i and Dat 'bi$. a2~ OF My commission expires _ Receipt No. ~~~ ~ Case No. sworn o me this~~ day of ~GS"G1o2#~ 19 ~5 ~' ~ ' WARRANTY DEED TIIIS DEED, Madc His 5th day o! Decembeq 1994, bcnvren The Benedictine Society of the State of Colorado, a Colorado Non Pzofit Corporation of Couny of Jeffel'soti, Bute of Colorado, Sranmr, and Troy A. TomsiclCand Christine A. Fontane, Joint Tenants ~~ J ~ F. whose legal address is 835 E. 133rd Place, Thornton, Co. 80241, senora: C: /J. WITNESSETH, Thal the grantor far and in consideration of the sum of Three Hundred Five Thousand and 00/100'S """` ($305,000.00) DOL[.ARg, the receipt and sufficiency of which is hereby acknowlNSed, has Snored, bargainetl, sold and conveyed, and by these presents does grant, bugxin, tell, convey and confirm, unto ds Smn[ce, his helm and assigns forever, all He real property mgcWer whir improvemems, if any, situme, lying and beinS in dm County of ]e((crson amt State o(Colomdo described as [ollows: Lots 1 and 11, Block 3, Pierce Street Subdivision, according fo the plat thereof which is recorded in Book 7 at Page 36 in the office of the County Clerk and Recorder of Jefferson County, Colorado. C ~rn .~P •T 'O- `-~W C.2 x n as known by street mm number as: 6650 W. 33rd Avenue, Wheat Ridge, Co. 80033 TOGETIiER with all xnd singular thv bcreditamenn and aPPUnenanccs Wereta belonSinS. or in anywise appertaining, and He reversion and reversions, remainder xnd remainders, rents, issues and prolin Hereof, antl ail the estate, right, title, imerest, claim and demand whatsoever of the gmmor, either in law or equity, of, in and to We above bargained Premises, wiH He hcrtdiumcnu and apPUrtenances. TO HAVE AND TO HOLD He sail Premises above bargained and described, wills she appurtenances, unto He gmntee, his heirs antl assigns forever. Antl the gmmor, for himtel(, Isis heirs, and personal reprcscmatives, does covenant, grant, bargain, and agree to and with the gmntee, his heirs and xssiSns, dns al the time of the caseating and delivery of dense prescnu, he is well serzed of He premises above conveyed, has good, sure, perfect, xbsolule aM indefeasible elute of inheritance, in law, in fcc simple, xnd has good riSht, full power antl lawful authority to gram, bargain, sdI and rnna•ey ds sane in manner xnJ form as aforesaid, amt that dse sxnn arc free and clear from all farmer and other Smnts, bargains, sales, liens, (axes, assessments, encumbrances and rw[ricti(Ins of whatever kind or mwre socveq except General taxes for the year 1994 and subsequent years and subject to easements, restrictions, reservations, covenants and rights of way of record, if any. The gmmor shall and will WARRANT AND FOREVER OFFEND the abovebargained premises in die quiet and peaceable possession of He gmnee, his heirs antl assiS^s, against all and every Person nr Persons lawfully claiming ds whole or any part Hereof. The singular number shall indutle He Oluml, He ptumi the singular, and the use of any gender shall be aPPiicahie to all Se^dem. W WITNESS WHEREOF, He gnnWr has executed this deed on the dos set forth above. THE BENEDICTINE SOCIETY OF THE STATE - ___ OF COLORADO, A COLORADO /NO/N PROFIT CORPORATION _ 'FATHER KENNETH REIN, President~of the Holy Cross Abbey STATE OP COLORADO County of DENVER Its fore&oing instrument was acknnwledgcd before me His 5th day of December, 1994, by FATHER KENNETH REIN s P es'd n of th Holy Cross Abbey for the Benedictine Society of Colorado, a Colorado son ~ro~'ieE,~orpora~ion My Commission Expires JANCARY 11, 1997 Witness my hand and a[fcial seal. '_. `. °" ,~ `~ ' ' , . tary Public t - •' . PA"fRICIAA.LSILVA MEMORANDUM To: ~len Gidley, Director From' Meredith Reckert, Planner Re: Case No. WZ-96-16 Date: January 19, 1996 - of wHEar ~ P, ~ o v m ~~C ORP~O A neighborhood meeting for this case was held on January 18, 1996 at 6:00 p.m. at 6650 West 33rd Avenue, #10. Those in attendance were: Meredith Reckert (staff) Christine Fontane (owner/applicant) Linda & Ralph Mauro, 6741 W 36th Place P. B. Wilson, 3305 Newland Street L. D. Squire, 3250 Otis Street _ ,_ Alice McCuskey, 3495 Newland Street Jacquelyn Shaffer, 5300 Otis Street Deanne K. Linden, 3290 Otis Street Concern was expressed regarding the possibility of the apartment complex being extended south to,the vacant property adjacent. Also, whether the rezoning transfers upon sale of the property. Generally, the neighbors supported the request as long as there were no more units built. They complimented Ms. Fontane on the upkeep and improvements that have been made to the property. MR:slw N~CE OF NEIGHBORHOOD INPUT ~TING FOR REZONING uv9.uvw+-.. IS PROPOSING A REZONING FROM ON PROPERTY LOCATED T ~ ~-~?{` "° ~1-n~ii'!`-~s~i~C'~b'r~~. THE LOCATION OF THIS MEETING IS m, v ~~` THE TIME AND DATE FOR THIS MEETING IS ~ ~ '~ . THE PURPOSE FOR THIS PROPOSAL IS ~, ..,, ~ _ ~ . ~~ - ..~ Aid ~ ~O~yL~J.r~,~Q CI~YdO~„~D~~yZ?~ /f~Gt~i7~. -~.rriaefzscc -may= =.a~ auoptea a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is to allow the applicant to ` present his proposal to the neighborhood and also ±o allow the neighborhood to eYpr~ss uiz~ectiy to the applicant, their concerns, issues and desires. A staff planner will attend the meeting to discuss City policy and regulations and the p=ocess 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 kinds of concerns residents normally have include the following: * Is the proposal compatible with surrounding land uses and zoning? * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? * :•:hat s~,ecific changes can be made in the proposal to make it more acceptable to me? After attending the Neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. ~° JRN 11 '96 10 11 2352857 PAGE.03 s .~..; '~~IRr.9N~ ~--i men ~2q~ ©+~s Sf G~hs~at p`~~ Cm x;0033 li, _- 'ri''.~ . ,~. ~c .__~ - __ ~'~ ~~ ~~~ __ ---- _ _ _- a l l L= ~~°. ~ n. ,.,.. - I~f - ~= --- n - -- -- ---- I -- __ ~, ~. - ,~ , ~~ - -- ---- _, ,l i • 500 WEST 29TH AVENUE ~ The Clty 0( P.O. BOX 638. WHEAT RIDGE. CO SOD34-0638 '. - - (303) 234-5900 -- ~ x jheal City Admin. Fax ~ 234=5924 Police Dept. Fax # 235-2949 ~ ~idge November 2, 1995 The Wheat Ridge Department of Community Development has received a request for approval of a rezoniria from R-2 and R-3 to R-3 at the property described below. Your response to -the following questions and any comments on this proposal would be appreciated by November 16, 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-16/FOntane LOCATION: 6650 West 33rd Avenue REQUESTED ACTION: Rezoning from R-2 and R-3 to R-3 PURPOSE: 14-unit apartment building APPROXIMATE AREA: .91 acre 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development?, YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or. should affect approval of this request? Please reply to: ~~~C~L.eL. ~~ Reckert 1~epartment of Planning & Development DISTRIBUTION: X Water District (Wheat Riglge Jefferson Co. Health Dept. x Sanitation District (Wheat Ridge Jefferson Co. Schools. X Fire District (Wheat Ridge Jefferson Co. Commissioners Adjacent City ( ) Denver Water Board X Public Service Co. W R Post Office X US West Communications W R Police Dept. State Land Use Commission X W R Public Works Dept. State Geological Survey W R Parks & Recreation Com. Colorado Dept. of Transportation W R Forestry Div. Colorado Div. of Wildlife _ W R Building Div. X TCI of Colorado <pc>referralform ~,, ~«.~,,,,,~Nu~~.. ~ MEMORANDUN~ Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineerf L. DATE: November 9, 1995 SUBJ: 6650 W. 33rd Avenue, WZ-95-16/Fontane The Public Works Department has reviewed the Planning Department referral dated November 2, 1995,,and does not have any requirements at_tbis time.- cc: Glen Gidley, Planning & Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician File ~ 500 WEST 29TH AVENU~ P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (3031 234-5900 Ci,yAdmin. Fax~234-5924 November 2, 1995 Police Dept. Fax k 235-2949 The Crty of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for _approval of a rezoning from R-2 and R-3 to R-3 at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 16 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-16/FOntane ,, LOCATION: 6650 West 33rd Avenue CITY OF WH~.fiT RIDGL ~ r~2~1~1_nt~ REQUESTED ACTION: Rezoning from R-2 and R-3 to R-3 _ PURPOSE: 14-unit apartment building APPROXIMATE AREA: .91 acre _ PLANNING & DEVELOPMENT 1. .Are public-facilities or services provided by your agency adequate to serve-this development? YES~_. NO If "NO", please explain below. 2. Are sere-ice lines available to the development? YES_ ~ NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. P_re there ar_y concerns cr problems your agency has identi~ied which would or should affebt approval of this request? Please reply to: ~H7STRIBUTION: -`~ ~~ter District (Wheat Ric~g/ x Sari-H~ rict Ridge X Fire District (Wheat Ridge Adjacent City ( ) _ X Public Service Co. X US West Communications " .- - State Land Use Commission .State. Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife X TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools. Jefferson Co. Commissioners Denver Water Board W R Post Office ~...:_ - W R Polioe Dept. X W R Public Works Dept_._ _ -_ - W R P k _ - - to «~~,,, •~~d n,n„ ar s & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform X500 WEST 29TH AVENUE P.O, BOX 638 The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900- ~ ~ Thea* City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~ ~idge November 2, 1995 The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from-R-2 and R-3 to R-3 at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by November 16 1 95 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-16/FOntane LocATION: CITY OF Wd-fEAT RIDGE 6650 West 33rd Avenue , ~ __n~i~Ct SCE REQUESTED ACTION: Rezoning from R-2 and R-3 to R-3 I " ~'o~ I NOU tit 11.~f.. PURPOSE: 14-unit apartment building u` ~~~ U AWNING & DEVELOPMENT APPROXIMATE AREA: .91 acre 1.' Are public facil-sties or services provided by your agency adequate to serve this development? YES f NO If "NO",..please explain below. 2. Are service lines available to the development? YES l NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES ~ NO If "NO", please explain below. 4. Can and will .your agency service this proposed development subject to your rule~•and regulations? YES / NO If 5. Are there any concerns would or should affect Please reply to: ''/f 2«~( 'bepartmeni "NO",.please explain below. or problems your agency has identified which approval of this request? ~o aD.~~-fional ~w--~-{-s Rec rt of Planning & Development DISTRIBUTION: X Water District (Wheat Ridge X Fire_District (Whea Rt image Adj acen i Y'~~~ X Public Service Co. X US West Communications State Land Use Commission -- State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife X TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools. Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. X W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform Co a„,. ~~~~r~~~~~~ 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 December 7, 1995 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1._ Case,NO. WZ-95-16:-.-An application by Troy A. Tomsick and Christine A. Fontane for approval of a rezoning from Residential-Two and Residential-Three to Residential-Three. Said property is located at 6650 West 33rd Avenue and is legally described, as follows: Lots 1 and 11, Block 3, Pierce Street Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 2. Case No. WZ-95-17:. An application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plan for a property located at 7760-7780 West 38th Avenue. The purpose of the amendment is to allow closure of a secondary access to the property from West 35th Avenue. Said property is legally described as -- follows: Lots 1 and 2 of the Wheat Ridge Plaza Resubdivision, City of Wheat Ridge, Colorado, County of Jefferson, State of Colorado. - ~ ` ~ , Sandra Wiggins, ~etary ATTEST: Wanda. Sang, City Clerk Tb be Published: November 23,_-1995 Jefferson Sentinel b:\a12795.phn The JEFFERSON SENT LvELS ~ • 1224 Wadsworth Blvd Lakewood, CO 80215-5108 - 239-9890 11/24/95 THE CITY CLERKS OFFICE CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 INVOICE: LEGAL NOTICE PUBLICATION Our number: JW0195.B23 Your identification: PUBLICATION DATES: 95/11/23 through 95/11/23 NUMBER OF LZNES: 42 COPIES REQUESTED: 3 . Printing: 17.64 Copies: 0.00 TOTAL DUE: $ 17.64 Thank you for advertising in the Jefferson Sentinel Newspapers! The JEFFERSON SENTINELS 1224 Wadsworth Blvd Lakewood, CO 80215-5108 239-9890 11/24/95 THE CITY CLERKS OFFICE CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 INVOICE: LEGAL NOTICE PUBLICATION Our number JW0195.B23 Your identification: PUBLICATION DATES: 95/11/23 through 95/11/23 NUMBER OF LINES: 42 COPIES REQUESTED: 3 Printing: 17.64 Copies: 0.00 TOTAL DUE: $ 17.64 Thank you for advertising in the Jefferson Sentinel Newspapers! ,:.:~:_ a::.::::::, ! 1 ,. '::i;`_ ~SCC L"JEST 29TH A`JcNUE P.O. SOX 638 ThB C!f}~ Of WHEAT RIDGE. CO cD03d-06a (3031 234-55D0 cWheat City Aamin. Fax # 23~-5924 Police Deot. Fax if 235.2949 ~Rldge POSTING CERTIFICATION c CASE NO. ~~V Z - 9~- ~ PLANNING COMMISSION -CITY COUNCIL -BOARD OF ADJUSTMENT (Circle One) ' HEARING DATE: .~~ '~ ~~ ~ g S- I, (name) residing at „ - ~_ - _ . __ (a d 2 r e s s) as the applicant for Case :do. \/t/ 2 ^ ~~ _ (~ hereby certify that I have posted the Notice of Public Hearing at ~S'O Cy ~ 3~r f~%~ (1 o c a t i o n) on this ~ day of 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.- The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the DeDartment_.of Pl aL1T)~*`J~* . a-ylV Ze IC-iOpatEiat. <F re ~~_~ G ~ ~ ~~` .`., ~~ ~G ~~ ~; c w ~ ~ ~~ .' _ ~ ~ SG:.;NEST 29TH AVENUE P.O. BOX 638_ WHEAT RIDGE. CO 80034-0638 'z3031234-5900 City Admin. Fax ~ 234-5924 November 22, 1995 Police Dept. Fax n 235-2949 -The City of Wheat Ridge This is to inform you that Case No. WZ-95-16 which is a request for approval of a rezoning from Residential-Two and Rcc; rlon+ial-TYIYPP t0 Residential-Three for property located at 6650 West 33rd Avenue will be heard by the Wheat Ridge ~ann;n~-r rnmm;ac;nn in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7,30 P.M. on December 7, 1995 All owners and/or their legal counsel of the parcel under consideration mus be present at this hearing before the Planning Commission 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' ,. ~~ eo, ,. o~n r.~,.~ _ r Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose 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 decis,ion- 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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The purpose is for the legalization of anon-conforming use. There is an existing 14-unit C-court multi-family building on the property which was built in 1951. apartment units are an allowed use in the R-3 zone district but noY in the R-2. The zoning lines run down the middle of the property. In accordance with Section 26-7 of the Wheat ridge Code of Laws, all nonconforming uses and/or zonings shall be amortized by the year 2000. It is the intent of this applicatidn to legitimize the existing use. No physical changes are planned for the property. The R-3 zone district regulations allow development at a rate of one unit for every 2100 square feet of land area. Based on the lot size of .91 acre, 18 units could be built on this parcel, an increase of four over the current 14 units. The R-3A zone district regulations allows development at a rater of one unit for every 3000 square feet of land area. No more than 13 units would be allowed on a lot this size. If the property is rezoned to R-3A it would create a use nonconformity of an extra unft, which would not be subject to the City's amortization schedule. With this scenario, no more units could be built on this Band. II. CRITERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: y. 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 Land Use Plan designates this area as low density residential. The use as multi-family does not conform to this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question has R-2 zoning on the north and west developed as low density residential. Abutting the property to 4he west is R-3 land developed as low-density residential. The property to the south is zoned R-2, has asingle-family residence on the front portion and is vacant on the rear. 3. That there will be social, recreational, physical and~or economic benefits to the community derived by the change off zone. There will be no obvious social, recreation, physical and/or economic benefits as a result of the rezoning. It will, however, elimiriate a nonconforming use situation as the property has historically been used as multi- family. Planning Division Staff Report Page 3 Case No. WZ-95-16/Fontane 4. That adequate infrastructureJfacilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All agencies are currently serving the property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion; create drainage problems, or seriously reduce light and air to adjacent properties. The rezoning will not adversely affect public health, safety and welfare since no changes will occur to the property. 6. That the property canno4 reasonably be developed under the existing zoning conditions. It is possible that 4he existing apartment building could be demolished and the property redeveloped into single- family and duplex lots using the current zoning. It is unlikely that this will happen. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This rezoning would not constitute spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is no void in service, products or fiacilities that the zoning would fill, however, it would eliminate a nonconforming land use. III. AGENCY REFERRALS _,. All agencies are currently serving the property. IV. STAFF CONCLUSIONS Based on the fact that the evaluation criteria do not support the request and because additional units could be built on the property, Staff does not support the R-3 zone change request. Since the historic use of the land is multi-family, we would support a rezoning to R-3A as it would limit use of the property to the current number of dwelling units. V. RECOMMENDED MOTIONS R-3 REZONING OPTION A: "I move that Case No. WZ-95-16, a request for approval of a rezoning from R-2 and R-3 to R-3 for property located at 6650 West 33rd Avenue, be Denied for the following reasons: Planning Division Staff Report Page 4 Case No. WZ-95-16JFontane The evaluation criteria does not support approval. 2. Additional dwelling units could be built. OPTION B: "I move that Case No. WZ-95-16, a request for approval of a rezoning from R-2 and R-3 to R-3 for property located at 6650 West 33rd Avenue be Approved for the following reasons: 1. 2. 3. " R-3A REZONING OPTION A: "I move that Case No. WZ-96-16, a request for approval of a rezoning from R-2 and R-3 to R-3A for property located at 6650 West 33rd Avenue, be Approved for the following reasons: The property his historically been used as multi-family. 2. No additional units could be built." OPTION B: "I move that Case No. WZ-95-16, a request for approval of a rezoning from R-2 and R-3 to R-3A for property located at 6650 West 33rd Avenue, be Denied for the following reasons: 1. 7. 3. " b:\wz95 t 6.sr +. PUBLIC BEARING SPEAKERS° LIST CASE NO: WZ-95-16: DATE: December 7, 1995 REQUEST: An application by Troy A. Tomsick and Christine A. Fontane for approval of a rezoning from Residential-Two and Residential-Three to Residential-Three. Said property is located at 6650 West 33rd Avenue. Planning Commission Minutes Page 2 " December 7 1995 3. PLEDGE OF ALLEGIANCE 4o APPROVE THE ORDER OF THE AGENDA Commissioner-CERVENY moved to approve the agenda for-the meeting of December-7, 1995 as printed. Commissioner JOHNSON seconded the motion. Motion carried 5-0. 5. APPROVAL OF.MINIITES Commissioner OWENS moved to approve the minutes for the meeting-' of November 16, 1995 as printed. Commissioner JOHNSON seconded the motion. Motion carried 5-0. 6. PIIBLIC FORIIM (This is the time for anyone to-speak on any subject not appearing-under Item 7 of tYie Public Hearing section of the agenda.) - No one had signed the roster, nor did anyone come forward' at that time to speak. 7. PDBLIC HEARING 1. Case No. WZ-95-16:_-- An application by Troy A. Tomsick and Christine A. Foatane for approval of a rezoning from Residential-Two and Residential-Three to Residential-Three. Said property is located at 6650 West 33rd Avenue. Ms. Reckert presented the staff report, which included slides. Entered into the record and accepted by the Chairperson were the Comprehensive. Plan, Zoning Ordinance, case file and packet materials. Commissioner OWENS pointed out that if R-3A zoning was approved,. there would still be an existing nonconformity. Ms. Reckert agreed. Commissioner OWENS asked if there would be a way to-make the use conforming. - _- - " --=1 Ms. Reckert stated the R-3A zoning would protect the neighborhood, since it would allow only 13 units on-the property. She elaborated. - -- Christine Foatane, 815_East 133rd Place, Thornton, was sworn in. Ms. Foatane is co-owner. of-the. property in question. She stated that she and her husband, Mr. Tomsick, had made some major improvements to-the property, including upgrading the water- __- - ~~ Planning Commission Minutes Page 3 December 7, 1995 _ - _ supply, plumbing, dumpster enclosures, gutters; etc. Because=o£--_-_ neighborhood concerns, Ms. Fontane stated she and her husband were willing to-agree to restrict the number-of units ,allowed to _ 14, if -the R-3 zoning is allowed. Commission had no questions for Ms, Fontane. , Chairperson~LANGDON asked if Plann;ng Commission should note the agreement made by the owner. in the motion made regarding this , case? _ - Mr. Gidley explained that the motion would be.a rezoning with conditions; a voluntary condition was legal, he added. St could be "tracked" on the zoning map 'by the case number. Commissioner RASPLICKA asked if the condition would go with the ' property. Mr. Gidley-answered yes; it would. Commissioner CERVENY asked if.-any of the documents would.be. recorded _. _ °_- Mr. Gidley answered that the ordinance would__ b_e recorded and would accompany the deed to he property. Troy Tomsick, 815. East 133rd Place, Thornton, was sworn in. Mr. Tomsick stated-he believed his wife had previously said everything necessary and that he had nothing further to. add. He requested approval. , Linda Maurp, 6741 West 36th Place,--was sworn in. Ms. Mauro stated she owns land adjacent to-the subject property and wanted no additional units built on the subject property. She was concerned :about density, air pollution, etc. Commissioner asked Ms. Mauro if she objected to the owner - -- rebuilding the 14 units, should they burn down. Ms. Mauro stated so long as-t_h_ey kept i_t to no more than 14 units, she had no-problem. . Commissioner OWENS moved that Case No. WZ-95-16, a request for approval of a rezoning from R-2 and,R-3 to R-3 for property located at 6650.West 33rd Avenue be Approved for the following reason: 1. - The rezoning will .bring the property into conformance. With the following conditions: Planning Commission Minutes Page 4 December 2, 1995 1. No additional units could .be built, based upon the applicants' voluntary offer not to build additional units ,on the property should it burn down. ,. Commissioner RASPLICKA seconded the mot~,on.. Chairperson LANGDON asked if the property changed hands, would the new applicant have. to re-apply to add. additional units. Mr: Gidley stated that the applicant would have to go through an entire rezoning procedure in order to increase the number, of --- units. The condition actually becomes part of-the zoning for the property. Motion carried 5-0-. - --= 2. Case No. WZ-95-17: Aa application by Wheat Ridge Plaza Homeowners Association for approval of an amendment to PRD/PCD final development plan for a property located . at 7760-7780 West 38th, Avenue. The purpose of the amendment is to allow closure of a'secondary access to the property from West 35th Avenue. Ms. Reckert presented the staff report. Entered-into the. record. and accepted by the _Chairperson were the Zoning.Ordinance,-case - --- file, packet materials and exhibits. - Commissioner JOHNSON asked Ms. Reckert who owns the road? Ms. Reckert stated either the Homeowners' Association or-Gene Smaldone, property owner, owns the road. She added that the... alternate access-was a condition for approval with .the original zoning. -- - Commissioner RASPLICKA-asked if the alternate access is closed, what would be the impact if the property to the east was developed. He stated his concern was traffic flow. Ms. Reckert stated that staff had not determined if the alternate access would be-open to-the public or just for emergency_ vehicles. Further evaluation would be necessary, she added. Chairperson LANGDON asked how "access to pedestrian traffic" - would be handled. Ms. Reckert stated there are various ways it could be.._handled, but all motorized vehicles .must be blocked, excluding emergency vehicles. The Fire District would. be involved in that decision. Commissioner CERVENY questioned number 3.'condition mentioned in Staff's recommended motions. ___ CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-95-16 LOCATION: '6.650-West 33rd Avenue_ APPLICANT(S) NAME: Christine Fontane OWNER(S) NAME: Christine Fontane, Txoy Tomsick REQUEST: Rezone from R-2 and R-3 to R-3 APPROXIMATE AREA: .91 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be_considexed 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 he axing by the Planning Commission and such testimony provided additional facts. _ NOW, THEREFORE, reached, it was RASPLICKA,-that for approval of located at 6650 1. The rezoni based upon the facts presented and conclusions moved by Commissioner OWENS, seconded by Commissioner -Case No. tiJZ-95-16, an application by Christine Fontane a rezoning fiom R-2 and R-3' to R-3 fox property West 33rd Avenue be Approved fox the following reason: ng will bring the property into conformance. With the following condition: 1. No additional units could be built,_based_upon the applicants': _ _ voluntary offer not to build additional units op the property should it burn down. VOTE: YES: Owens, Rasplicka, Cexveny, Langdon and.Johnson __ NO : None . _ _. I, Sandia Wiggins, Secretary to the City of Wheat_Ridge Planning Commission, do hereby and herewith certify that the foregoing ___ Resolution was duly adopted'by a 5 - 0-vote of the_membexs present at their regular meeting held in the Counci~_Chambers of the Municipal Building, Wheat Ridge, Colorado, on .the 7th day of December, 1995. ., y ...,.~..,..,~~.,.,.. .,......~.. ...,-may ~,,.,, ~-_., WHEAT IDGE PLANNIN COMMISSION WHEAT RIDGE PLANN G COMMISSION b:\wz9516.res ~~ AGENDA ITEM RECAP QuAS2-JUnzrTnr X _T . - - .:. Yes S7o X PUBLIC_HEARINGS CITY ADM. MATTERS ELEC. OFFICZA_I,S MATTERS _ PROC./CEREMONIES CITY ATTY.. MATTERS x ORDINANCES FOR 1ST READING BZDS/MOTIONS ~ LIQUOR HEARINGS ~ - ORDINANCES FOR 2ND _READING - ~- - ~ RESOLUTIONS INFORMATION ONLT --- -- PUBLIC COMMENT _ __ _ -- -- AGENDA ITEM TITLE: Case No. WZ-95-16/Fnntane SUMMARY/RECOMMENDATION: Consider a rezoning-from R-2 and R-3 to.R-3, with conditions for property located at 665.0 West 33rd Avenue ATTACHMENTS: 1) Council. Bill No. 2) 3) SUGGESTED MOTION: BUDGETED ITEM Yes No Fund - Dept/Acct # _. ,.._ Budgered Amount S Requested Expend.5 - Requires,Transfer/ Supp. Appropriation Yes No I move-`that Council Bill _ be approved on first reading,-ordered published, public. hearing_be set for. Monday, .'anuarv 22,__-19.95 at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second_reading take effect 15 days after-final publication. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO AND RESIDENTIAL-THREE TO RESIDENTIAL-THREE WITH CONDITIONS ON LAND LOCATED AT 6&50 WEST 33RD AVENUE, 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 Troy Tomsick and Christine Fontane for approval of a rezoning with voluntary conditions, in Wheat Ridge, Colorado, Case No. WZ- 95-16 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the R-2 and R-3 district, with conditions, and to included in a the R-3 district the following described land: Lots 1 and 11, Block 3, Pierce Street Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 3. Conditio_ n. .Density on the property shall be limited to a maximum of 14 dwelling units. Section 4._ Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. ,~,~. Ordinance No. Case No. WZ-95-16/Fontane Section 6. This ordinance shall take effect Page 2 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this _ day of , 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this _ day of , 1995. SIGNED by the Mayor on this _ day of 1995. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: c:,wp60~o rd~wz9516.ord 500-WEST 29TH AVENUE P.O. BOX 638 -- WHEAT IPIDGE. CO 80034-0638 13031234-5900 City Admin. Fax ~ 234-5924 January. 5, 1996 Police Dept. Fax :235-2949 The City of Wheat Ridge This is to inform you that Case No. r~TZ_9..~_iE~- which is a request for a~~,rnval c>f a raven;,-,~fmm RaciAan+;al_T 70 and RP Slf1 PY1 {-;A1~T1'IYPP to RaSirlan+ial Thrace „ii-h r ~itiOnyS for property located at titisn ws~r 44rd AvPrinP will be heard by the Wheat Ridge ~;+y crnm c;l in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7-nn n_m_ , on ,7am,ar~ 22, 199 F, All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the c'i~y ('ounce 1 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' Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting .to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss-the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to 'hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council-to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. The Planning & Development Department is open Monday through Friday 8:30 a.m. through 5:00 p.m. <pc>adjpropowner CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: January 22, 1966 DATE PREPARED: Janutta''ry 70, 7996 CASE NO. & NAME: WZ-95-16JFontane CASE MANAGER:`I'Meredith Recker[ ACTION REQUESTED: Rezone from R-2 and R-3 to R-3 LOCATION OF REQUEST: 6650 Wes4 33rd Avenue NAME & ADDRESS OF APPLICANT(S): Christine Fontane 815 Eas4 133rd Place, Thornton CO 80214 NAME & ADDRESS OF OWNER(S): Christine Fontane and Troy Tomsick Same APPROXIMATE AREA: .91 acre PRESENT ZONING: R-2 and R-3 PRESENT LAND USE: Multi-family SURROUNDING ZONING: yS: R-2; E: R-2, W: R-3 SURROUNDING LAND USE: All sides: low density residential COMPREHENSIVE PLAN FOR THE AREA: Low density residential ------------------------------------- DATE PUBLISHED: January 5, 1996 DATE POSTED: January 8, 1996 DATED LEGAL NOTICES SENT: January 5, 1996 AGENCY CHECKLIST: RELATED CORRESPONDENCE: ENTER INTO RECORD: ( XX) COMPREHENSIVE PLAN ( )ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER (~) ()NOT REQUIRED () (XX) NONE (XX) CASE FILE & PACKET MATERIALS ( )SLIDES (XX) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Page 2 Case No. WZ-95-16/Fontane REQUEST. The applicant requests approval of a rezoning from Residential-Two and Residential-Three to Residential- Three. The purpose is for the legalization of anon-conforming use. There is an existing 14-unit C-court multi-family building on the property which was built in 1951. Apartment units are an allowed use in the R-3 zone district but no4 in the R-2. The zoning lines run down the middle of the property. In accordance with Section 26-7 of the Wheat Ridge Code of Laws, all nonconforming uses and/or zonings shall be amortized by the year 2000. It is the intent of this application to legitimize the existing use. No physical changes are planned for the property. The R-3 zone district regulations allow development a4 a rate of one unit for every 2100 square feet of land area. Based on the lot size of .91 acre, 18 units could be built on this parcel, an increase of four over 4he current 14 units. The applicant has requested aself-imposed condition tha4 the number of units be limited to 14. II. CRITERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That the change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Land Use Plan designates this area as low density residential. The use as multi-family does not conform to this designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question has R-2 zoning on the north and west developed as low density residential. Abutting the property to the west is R-3 land developed as low-density residential. The property to the south is zoned R-2, has asingle-family residence on the front portion and is vacant on the rear. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will be no obvious social, recreation, physical and/or economic benefits as a result of the rezoning. It will, however, eliminate a nonconforming use situation as the property has historically been used as multi- family. 4. That adequate infrastructure/facilities are available to serve 4he type of uses allowed by 4he change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. PBanning Division Staff Report Page 3 Case No. WZ-95-76~Fontane All agencies are currently serving the property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The rezoning will not adversely affect public heakh, safety and welfare since no changes will occur to the property. 6. That the property cannot reasonably be developed under the existing zoning conditions. It is possible that the existing apartment building could be demolished and the property redeveloped into single- family and duplex lots using the current zoning. It is urilikely that this will happen. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This rezoning would not constitute spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is no void in service, products or facilkies tha4 the zoning would fill, however, it would eliminate a nonconforming land use. III. AGENCY REFERRALS„ _ All agencies are currently serving the property. IV. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on December 7, 1995. A recommendation of Approval was given for the following reason: 1. The rezoning will bring the property into conformance. With the following condition: No additional units could be built, based upon the applicants' voluntary offer not to build additional units on the property should it burn down. V. STAFF CONCLUSIONS Staff concludes that although all of the evaluation criteria may not support the request, the historic use of the land is multi-family. Since a nonconforming use skuation will be eliminated, a recommendation of approval is given with the condition that the number of units be limited to 14. VI. RECOMMENDED MOTIONS Planning Division Staff Report Page 4 Case No. WZ-95-16/Fontane "I move Yhat Case No. WZ-95-16, a request for approval of a rezoning from R-2 and R-3 4o R-3 for property located at 6650 West 33rd Avenue be Approved for the following reasons: i. 2. 3. " "I move that Council Bill No. , a request for approval of a rezoning from R-2 and R-3 40 R-3 for property located at 6650 West 33rd Avenue, be Approved for 4he following reasons: The property his historically been used as multi-family. 2.. It will eliminate a nonconforming use situation. With the following condition: The number of dwelling units on the properly be limited to 14." b:\wz9516.sr • Case No. WZ-95-16 AGENCY REFERRALS SUMMARY Fire: (Wheat Ridge) Can serve. Schools: Water: (Wheat Ridge) Can serve Sewer: (Wheat Ridge) No response. U S West: No response. Public Service Company: No response. State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: No response. CITY DEPARTMENTS Public Works: No problems. Parks and Recreation: Police: Building Inspection: agrefsum.frm ~ ~, (. , • G~1=1GIr~L WH3=~T ~1DGE G©LOR~'cT7© M:a n7O~-~: ~;ne ice. '49t .as+ Rev~son: Decemoe~ ??. X994 ~~o : ~.- n= v ANauvs n~~ } Fio-"3v: -735-785: ZONE D'S`RIG- HOUNDRY -~- PnRCE:iLOT sa ~~ (DES G.WE-S O-INE¢G6~~°1 _ _ _ _ µsTe2 1-c.ATLJ2E DEVO-S N~ULT!PLE ADDR_SScS I ~ Y '~l G ~~ e `SORE= .=400 ~ ~. WEST 33RD AVL~IUE ( ~0') ~.4 u U C ~1 ~ Y _~ U l r J d M ~ ~y o q m O '~" N N O Q p Uf~~r I~E L7 N N89'S0'27"W, 165.38' P/L 82.5 Plat) 82.5' (~la;) i 2~ ~. Well ?u mD ~~ <$" `', '~ i ~• LCT i ~ LO ': 3 p~~` P,~o~ ~, THE 0' N ~ ~~ APART EN?S cn oo5u ~'. Sra Ave. z r ~ co (Court rd) f 2NITS E;ecl. Entry o~ * ~ 2^v.' t 9.9' ~~ le~. nVy~ 7 m m rn _ T _~L82.5_ la ~-~"` _ _ _ _ _82.5' (Pla:) _ _ __-~- aa Y ~~ S89' 1 '36"E, 165.36' P/L ~ 5' U?iLITY EASEMENT (As peg ~Iet) I I x k o c ~ -~j ~ Q~ a ti~ 1 Y ~_ ,. -~ P~ ~ '} W ~~ CITY COUNCIL MINUTES: January 22, 1996 Page -2- Nancy Snow read a letter from Wheat Ridge United Neighborhoods into the record, which addressed Senate Bill 69. This letter is addressed to the Colorado State Legislature, Sixtieth General Assembly, Local Govemment Committee. WRUN considers SB 69 to be another effort by certain state legislators to usurp the power of local government entities to provide land-use and zoning regulation, and the right of local residents to control the impact of land use on their communities. They feel SB 69 is superfluous, unnecessary and frivolous and request that it be postponed indefinitely by the committee. Mrs. Snow asked that people call their legislators and urge them to vote against this bill. She also addressed the manner in which the City Administrator's raise was being brought back to Council tonight. The raise had originally been for 4%; when that failed, it was brought back as 3.9%. She warned Council that this will set a precedent and things will never come to a conclusion because they will be brought back over and over again with a slight variation. Motion by Mrs. Fields that Mr. Dahl prepare a Resolution in support of the CML position against Senate Bill 69; seconded by Mr. Solano; carried 8-0. Cheri Jahn questioned if proper procedures were followed for a hastily called meeting of City Council billed as Council Work Session for budget review; the meeting was called for Sunday, January 21, 1996 at 1:30 p.m. at the Quality lnn at 44th & Tabor. She does not feel proper procedures were followed, the Charter was violated; why was this meeting called out of the clear blue like it was an emergency? Motion by Mrs. Worth that Mr. Dahl draft a new Council Rule addressing these, types of meetings; seconded by Mr. DiTullio; carried 8-0. Kim Stewart, Tex Junker, Mary Lou Faddick, Tawny Lee, Rita Bader, Ann Keller, spoke in support of the I-70 sound barrier. Their concerns included noise and air pollution. Karen Thiessen commended Tony Solano, Janelle Shaver, and Teri Dalbec for trying to do the right thing and work together; she is proud of them for cancelling the meeting when they found out it was not proper and keep up the good work. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 31 - An ordinance providing for the approval of rezoning from Residential-Two and Residential-Three to Residential-Three with conditions on land located at 6650 West 33rd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-95-16) (Troy Tomsick and Christine Fontane) Council Bill 31 was introduced by Mr. DiTullio; title read by the Clerk; Ordinance No. 1012 assigned. :, CITY COUNCIL MINUTES: January 22, 1996 Page -3- Applicant, Christine Fontane, was sworn in by the Mayor and presented her case. Glen Gidley was sworn in by the Mayor and presented the staff report: Motion by Mr. DiTullio that Council Bill 31 (Ordinance 1012), a request for approval of a rezoning from R-2 and R-3 to R-3 for property located at 6650 West 33rd Avenue, be approved for the following reasons: 1. The property has historically been used as multi- family. 2. ft will eliminate a nonconforming use situation. With the following condition: 1. The number of dwelling units on the property be limited to 14; seconded by Mr. Solano; carried 8-0. ORDINANCES ON FIRST READING _ Item 2. Council Bill 4 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding interference with public officers. Council Bill 4 was introduced on first reading by Mr. Solano; title read by the Mayor. Motion by Mr. Solano that Council Bill 4 be approved on first reading, ordered published, public hearing be set for Monday, February 26, 1996 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Fields; carried 7-1 with Mrs. Dalbec voting no. Item 3. Council Bill 5 - An ordinance amending the Code of Laws of the City of Wheai Ridge, Colorado regarding resisting arrest. Council Bill 5 was introduced on first reading by Mr. DiTullio; title read by the Clerk. Motion by Mr. DiTuilio that Council Bill 5 be approved on first reading, ordered published, public hearing be set for Monday, February 26, 1996 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Worth; carried 8-0. Item 4. Council Bill 6 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding massage parlors. Council Bill 6 was introduced. on first reading by Mrs. Worth, who also read the title. ~,v~PJ INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 31 ORDINANCE NO. 1Q12 _ Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO AND RESIDENTIAL-THREE TO RESIDENTIAL-THREE WITH CONDITIONS ON LAND LOCATED AT 6650 WEST 33RD AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Troy Tomsick and Christine Fontane for approval of a rezoning with voluntary conditions, in Wheat Ridge, Colorado, Case No. WZ- 95-76 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the R-2 and R-3 district, with conditions, and to included in a the R-3 district the following described land: Lots 1 and i1, Block 3, Pierce Street Subdivision, City of Wheat Ridge, County of Jefferson; State of Colorado: Section 2. Vested_Property Rights Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to th,e provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 3. Condition. Density on the property shall be limited to a maximum of 14 dwelling units. i 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. Ordinance No. 1012 _ page 2 -Case No. WZ-95-16~Fontane Section 6. This ordinance. shall take effect 15 ,days after, final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 18th day of December , 1995, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for January 22 , 199{, 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 0 ,this 22nd day. of January 199~t. SIGNED by the Mayor on this 23rdday of ,lanuarv , 199,;. _/ ~~ ~~. l/ Wanda Sang, City Clerk DAN WILDE, MAYOR A R VED AST F M Y T ATTORNEY GERALD DAFiL, CITY ATTORNE 1st Publication: December 28, 1995 2nd Publication: February 1, 1996 Wheat Ridge Sentinel Effective Date: February 16, 1996 c:~wp60~ord~wz9516.ord