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Home My WebLink AboutWZ-95-18The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phnna !3031 237-6944 ..rr--_-__. --___ .._ - - _-. _.- - -. _- Owner l ~ GiS ~~nt/~ ~-Address / Phone -- Location of request yy„3a /~1 G~~ S~` 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 emporary use/building permit inor subdivision Subdivision 8 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 ~; I certify that the information and exhibits herewith submitted are true and correct to the .best of my knowledge acid that in filing this application, I am acting with the knowledge and consent of those persons listed. above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on-his behalf ~ Sign ~ P Applicant ~; ;;~~~fg ;~~2i~s-~ and sworn to<~~ this .. f~~. ~ ~ - -.. _ ___ .A"G da,~ of ~~, 7.9 ~. W My commission expires ~Q'Q3'G/.S Receipt No. Case No. List-.all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ' RecaNOd at n21ttk_ R'ARRAtiT1' DEED ~~ / ~ ~ `'\'1 \1 ~t..t ~`Q ~ ~ TfIIti USED, \ludc Ous 6th d:n_ of May ly 88 , hcnscen THE DORIS R. ROWE_ TRUST__ _.: of the 'Cwmr of I,rlefferson ~ ar Swn•of ColoraJn. granor. anJ RODNEY ))FISHER AND_DIANE FDSTDN w hose legal aJJrcs it 4430 Tabor_ Stree_C:Wheat_Ridge, CO of the County of Jefferson __ _,_, _,_ - and Stale o(ColomJo, gmmec•~. \\'ITNESS. that the grantor, f rt anJ in anroiJrration of the+um oIONE HUNDRED TWENTY FIVE T};OUSAND FIVE HUN'JRED and no/100--------r---e•--e------------------------------DOLLARS. the rtecipt unJ wfficicnq of which is herch) acknowledged, has gmnttJ, bargained. wIJ and amse)eJ. and hs Ihne prcsrntx does grant bargain. sell. colon' and confirm unto the gmnter_s„Iheithclrsand axigm (Dover, nn[ in tenant) in common but in joint tenann'. all the real proper)', together scith improsemcnB, if any, situate. h'ing and being in the County of Jefferson and Stott of Colomdo,~escribcd a follrns>: ';, SEE LEGAL DESCRIPTION ATTACHED ~AS ERHIBIT "A" AND BY TNIB REFERENCE INCORPORATED HEREIN. _ _._ aL.u known ht sues unJ numhsr a> 4430 Taboi _Street._.____. TOGt:THt:A s nh all and vincula: Iha hercdiwmenrs anJ appunrnancr• thrrcumn hrlongine. nr in an)wisc ap(«:naining and the rcrcnion anJ nsrr~e m.. n•nennJCr anJ n•Inainden. nnI>. issues and pnnits thereof. and all the estate. right. title, imaeN, claim and dcmanJ whatsueser at the g: unar. cithtr m Ims or cuuitc. of. in and Ri the abmr hargaincd prrmiue. with [he hertdimmcnts and appuncnanres. TO H:\\'E ,1SD T(111(lLU ILr .xel pnvni•c. abosc hargaiacJ anJ Jescrihed. w itlw the appuncnunces. unto the grumcrs. Ihcir heirs anJ a•.igro Inrrscr .4nJ ;b. grenu+u for h:m.rll. his hcin and prr•.onal rtpraenmtise.. does cm'enant. gmnl. bmgnn met acne m and w ith the gnuurr.. Ihr a h: in xnJ a.•igm. ;het at Ihr time of the rrocaling and dditrn oLhtst prrcscnc , hr is udi •eizeJ of Ihr premises abuse cans e)eJ. h:n g•~wJ, sun. prncct, ah.+.ac and mJr4asihle estate ni inheritance. in tau. in fey simple. ant ha. Bond riche, full p.mcr anJ tau ful author iq to gram. hmgmn, sd; anJ come} the same in manner anJ fsrm afi+resaid.:mJ that the sanx are frcc anJ clear Inmr all ionmr and rnhr. clean. hacam•, ur•. hen•. tarts, assessments. enrumbr n:h anJ restriction. M uhrrvrr kmJ or namrt >anrr. nrn; general taxes for 1988_and-all subsequent years, except covenants, conditions, restrictions, reservations;-easements, and rights of way of record, if any, and subject to building and zoning regulations. The granor shall and well N'ARR:\ST ASD FOREVER_DEFE'~D the alrwr-hargaineJ premises in the yuia and peaceable possession of the rran[crs. their hcin and assign>. against all and nm' pcrmn or prrwm tau (ulh daiminc the whole or an)• part [hertnf The singular number shall include the plural. the plume the singular, and the ust of any gender shall bt apphcahlr to all genders IS \\'ITSESS \1'HEREOF the cmmor hay erttutcd this deed nn the date set fonh a)nnc. THE DORTS A ROWF TRUST _ ~~L.....~..~ ~3..s-trCH,a.,...~ ~ r •' LTE-6ACTRT7S$T~ _ _ CHARLES S. ROWS TRUSTEE - - _-_.~ 55.. S'iATF. OF COLORADO Chum} of Arapahoe The fsngomg inamr.: at ua• acknms IeJgrJ hc(ore me this_bth da) of Nay , 1988 , hs JEApVETTE nACHMANN AND CHARLES_S_._ROWE_TRUSTEES FOR THE DORIS R. ROWS TRUST G,~ •S\:•C' ~ ~•;~ -._._..__-- _.Ni:rrcs m)IUrvJ and oinael sal `,i% v - 0.s Gmvnias~m rspm- 5/27/ ~I° 90 j~• ~ .te, a:,.. •If m Denser. mart "Cm and" 55 l~ N0. 911A. RrY. J-ILa. N'ARRApT' aLF.U iTn }dm ienenl,~ F bG RECORDED IN -COUNTY OF JEFFERSON -STATE OF COLORADO o RECEPTION N0. 9804;x796 05/91/99 13:40 19 Il'LCI.:fT':fGN N0, f3t?0457f36 ERfll[3IT "A" LECAL DBSCRIFTION The Hest 1/2 of Lota 13 and ]4, LEES SUBDIVISIOti, €XCEPr that parcel conveyed in Deed recorded Juoe.12, 1968, in Book 2024 at Y?8e 705, described as foilowa: ^~ A parcel of land situate in the Hest 1/2 of Lot 14, LEES SUBDLVISIOt{ described p<) AB follows; Beginning at a point on the tforth lot line of said Lot 14 which point is located 331,16 feet Hest of ttte Northeast corner of aaid Lot 14; Lhenca Nest along tfte tfor[h lot line of acid Lot Ifi, a distance of 165 feet to a point; 'thence South on an angle of 9U' to the left, a distance of 85 feet to t point; [hence Esst on en angle of 90' to the left, a distance of 165 feet to a Point; thence t7~rth on nn angle of 90' [o the left, a distance of BS feet to the true point of beginning, hLSO EXCEPT tl,a[ parcel conveyed in Deed recorded 1'ebruary 10, 1911, ict Book 2235 at Yage 615, described as follows: the South 100 feet of the Hest one-I:alE of I.ot 13, LEES SUBDIVISIONf, ALSO EXCEPT that parcel conveyed in Deed recorded tlarctt 10, 1972, in Book 2351 at Yage 929, described as fol;.ows: A parcel of land aitua[e in t}~e Nest 1/2 of Lot 14 ,. LEES SUBDIVISION described as follows: Beginning at a point on tfte North lo[ line of aaid Lot 14 which point is Iocate-f 696.16 feet Hest of the Northeast corner of aaid Lot 14; thence Nest elon~ [he North loL line of said Lot 14, a distance of 143,84 feet to a point; thence South on an angle of 90' to tt:e left, a distance of 85 fact to a point; thence Fast on an nn~.le nE 9fl' to the left, a distance of 143.84 feet to a point;•thence 17orth on an angle of 9U' to the left, a distance of 85 feet to [f:e true point of beginning.. . w. ... . .~._._,_.._~ ..-.~.~...~,..,.~....a..~,..~,~nr C~NSLJ I_'fING - SELLARDS & GRIGG, INC. ENGINEERS ~ t43 Unlon Boulevard, Suite 700 Phone: (303) 9861444 Lakewood, Colorado 80228 Fax: (303}9860994 LOT 1, DAVISHER MINOR SUBDIVISION A pazcel of land lying within the west one-half of Lots 13 and 14, LEES SUBDIVISION, described as follows: Beguming at the southwest comer of said Lot 13, thence N 00° 2T 32" W, 216.53 feet along the west line of said Lot 13 to the TRUE POINT OF BEGINNING; thence N 00° 27' 32" W, 141.13 feet along the west line of said Lots 13 and 14; thence N 89° 12' 30" E, 142.20 feet pazallel with the south line of said Lot 13; thence S 00° 27' 32" E, 143.50 feet; thence N 89° 50' 12" W, 142.21 feet to the TRUE POINT OF BEGINNING, EXCEPT the west 10 feet thereof. Said Lot 1 contains 0.432 acres (18825 square feet), more or less. For the purposes of this description the basis of bearings is the east line of the northeast one-quarter of Section 20, Township 3 South, Range 69 West, assumed to be N 00° 31' 40 W. This bearing is based on brass cap monuments at the northeast comer of said Section 20 and the east one-quarter comer of said Section 20 as established by John S. Lambert, PLS, 13212 on September 11, 1984. The drafter of this description is Mr. john S. Lambert, PLS, 13212, prepared on behalf of Sellazds & Grigg, Inc., 143 Union Boulevazd, Suite 700, Lakewood, Colorado 80228 on November 10, 1995 under S&G No. 95236-22 for Mr. Rod Fisher and is not to be construed as representing a monumented land survey. John S. Lambert, PLS 13212 952361d fl~iG~~~,~.~,v~ t~lrz~-z-tY~C~ ~Jl- 7~~73 ;.1/15/95 16:18 INFORMIX SOFTWFlRE INC -~ 303 234 5924 _~~ .$e1'YRIORT N0.516 D02 f-, SNOW ALL MEN BY TFIESE PRESENTS, That I, .---~I-~-~.aK ~...1=x_.~..G(.!!.t.:S.4~'~...._.._..,....._._..__.._.._._... have adq, cortstftuted and a jnt d, and by these presents dp hereby make, constitute erld appojrlt r~at7 ~j ~~ / r my true and law~7 attorney !or rem end In sty +name, place end steed, and (or a~ use end bertof(t to demettd, sva for, recover en7leaf and rooefva a71 mreh sums o! raotroy, debts, rents, dues, aceortnta, logacjes, bequo-sis, interests, dividends, pnrurittes and damareda w/iataoever, as aro tmv or shall hereafter bcwma due, owing, payable or be(anginq to me, W Nava, use and take Ali lawful ways ata7 retanns !n my name or olherwiae for the roapvetY theree£, and !o rgmpmmfse, settle end edjvat and to azecute sad deliver aaqultta+YOea or other aufficlmrrt dis- ohargaa for any of the aaam• to bargain, ewltrpct fury pvrahem, receive dad take lends, eenettnnm, heredttamenh, Brad accept the seiain amI poeEaerien thereof std alt r~eede and other assurances in the law tlrerafor and !p lease, let, doadae, bargAln, self, reartae, relearn, coimey, mortgage and hypoffioaeh latdk, tatremeata erd heraditaments, including sty right of homestead in any of the acme ror Groh prio9, upon nrah terms and eondlt7ana and wtfh such oavannnte as my attorney she/7 think Rt; is aeif, trenater arrd dolivu all or A,nY ahatea ~ stock owned by r:m to erry corporation Ior arty price and teeetvs payment theretot sad fo vote any such hack as my proxy; to bargela far, bay, asJl, mortgage, hypothaeah and in any and overv wav grad matawr deal in a~ with geode, wares and anrchpnd7se, chows In Action. and other propar£y in tw5aesaion ar In actlpn, amt to make, do and franspct aU end every kind p1 basirmaa of whetsonver rmfine or klyd; far me azd in my Heard and Ae my act and deed, b sign, seal, ezecrrm, eekrmwledge and dativor ail desd®, covenants, irwlenturaq agraemantn, tms! agreements, mortgages pfedgea, hypofheeertlo», bills of lading, bills, bonds, rtat6e, evidenced o£ debt, raceipta, ral9aeoe and aatleisotiotw of mortgaaggees, judgments std other dehte payable to rrre and other ;nstramm~m in wilting of w7eahvar kind and nature which my aNomey in htaJher absolute dlscratioa +hetl deem to Ifs !or my beat fnfereata, to have access fa any safety depas(f boz wh;ch has boon ro-nhd in my name, or to the name of myaafl aced any other peYdon ar pfie'sorm; to ea11, discount, erdorse, deNvsr and/or deposit af! ohacka, drafts, notes std negotfab/a 7nefruments payable to my order, to withdraw ar+y moneys depomited in ari' nears with env bank, by check or otharwfao, atki ganera!!Y fo do say bpsina4Y with cry bank or beaker on my behalf; to ooayNots, alga, erd dellvet arty tai return or (prat and pay taxes thereon or collect refutvte thare(ronr; step 6NINp AND C?12AN'lYNQ veto ury atlortmy full power and authority to do aM parfarm a[l and every act and fhlreg whatsoever rpqutdfa std tteeeeeae'y to be dorm in arsd about Cho- pramiaea, ar fully to a17 inhnh and purpoeea ae 7 mfgh! ar aaukf do ft pereondlr praearrl, wfffs tu17 pomar et evbetitufion and revocation, hereby ratifying and eorr(trmfng sl! that my athrnaY ar my etfprney'a sabatitam or wbatitaha rhalt lawlvl7y do oY cause to be dorm by virtue of these proaants. Th;a power ahdt tako altact: (delote frmpPllaeb7c phraso) (a) am rho dam rtez! wtithn bahrw; (b) oa the date I maY be adjudgged incoarpeteat by a court of proper jvrisdietlon. It tmlthet phrpas (a) rmr (b) ie deleted, this power alrall fake ofGet on the date next wrfihn below. illy attorney and all persons vertu wham these presents shall come amy assume that this power of ateorrmy has rmt been rovokad mdrT given eoWal notice either o£ such revocation or of my death. In cOnetrvileg lhfa fnetmmenf, sad where the cpnlext so retpdres, the singular includes She plural. IN WITNE55 WHEREOF, I have hereunto set my ha ' on _.... _ _ .... ...._ ~~......,19.~a... STATE OF OREGON,CotmtYoP.~-.--~-~.~..-........- _ ._ )ss• ~ This insfrumenf was acjc led ad before me ~~`'Q'~'~i ~:._~ ~ ,19_9.`s~ My camxnjt;sjon oapjtae POWWt OF A~TORN~'Y ........_.-__...__._._...__ Te ....................._ pprce Ra;aRVao ...- ......................_..._.._.__..__.._._.....-..-_............... reR ..•. iIECORaaa'S Utx char wcsRllap slam is plow., pddww, rlple STATE OF OREGON, County ot._-._.._ .............. as. Z certify that the w(fhin inaftument wse received for tocaord on the._,......day af .........._.....__...-...'........_,19.-_, at .......-..._dclotk.......M.,and recorded in book/zaaj/volume No.._ ............... pn page ..._. ._... and/or ae fee/tile/jnsfru- trtent/microfilar/receptlott No...:....._._..., Record of ........................._...._.__._....._.... of acid County. Witness my hand and seal of County afffaed. NAMa TriLa $y _.,.,m.~...,...-_.__-_....._.....,,.., Deputy 7x'00 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 1303)234-5900 City Admin. Fax ~ 234-5924 November 17, 1995 Police Dept. Fax if 235-2949 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for approval of a rezonincr from A-1 to A-1 and R 1 and for a two lot minor subdivision ~.~ ~ciC, yic~percy aescrioea oelow. Your response to the following questions and any comments on this proposal would be appreciated by Decemb r 1 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-18/MS-95-5-Fisher LOCATION: 4430 Tabor Street REQUESTED ACTION: Rezoning from A-1 to A-1 and R-1; two-lot minor 'subdivision PURPOSE: To allow sale of existing single-family residential APPROxIMATE AREA: A-1 (2.6 acres) R-1 (18,876 sq ft) 1. Are public facilities or services provided by your agency adequate to serve this development? YES `~ NO I£ "NO", please explain below. f 2. Are~serTviceQPlines 1available to the devepelopment? $2rillce (IhCS ~nv~7' Ike ~+.!'1ti b-n"V~GI~ ol.~"N3D~cplCx~o~2.t5 Plao~~ b)Ol"'/"-en~y O~3'n '~-!^. 3. Do you have adequate capacities to service the development? YES~_ NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your r les and regulations? YES NO If "NO",.please explain below. 5. Are there any concerns or problems your agency has identified which would or should a/f~~f~ec/t~{~/,a/pproval of this request? Please reply to: %~'w~`" "~~~2?r~~ S McCartney D artment of Plan 'ng & Development DISTRIBUTION: XX Water + ~+ ;,,.+ ~ v_a~ ey ) Sanitation District ruitdale) XX Fire Distric prvaaa : ~ Adjacent City ( ) XXPUbiic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCI.of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform 'j fi~ Wnl Yuprr 7500 WEST 29TH AVENUE P.O. BOx s3s The Crty of WHEAT RIDGE. CO SD034-0638 (303) 234-5900 cWheat City Admin. Fax#234-5924 Police Dept. Fax#235-2949 Ridge November 17, 1995. The Wheat Ridge Department of Community Development has received a request for .9 nn Y['lOa1- nF ~ v......... ~.. II~_~ . ~ .. - _ _ _ az zne property described below. Your response to the following questions and any comments on this proposal would be appreciated by De mh r 2 1 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-18JM$-95-5-Fisher LOCATION: 4430 Tabor Street REQUESTED ACTION: Rezoning from A-1 to A-1 and R-1; two-lot minor subdivision PURPOSE: To allow sale of existing single-family residential APPROXIMATE AREA: A-1 (2.6 acres) R-1 (18,876 sq ft) 1. Are public facilities or services provided by your agency adequate to serve this development? YES Y NO if "NO",-please explain below. 2. Are service lines available to the development? YES X NO If "pt0", please explain below. 3. Do you have adequate capacities to service the development? YES x 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 "NQ", please explain below. 5. Are there any concerns or problems your agency has identified which would or should ~~1a~~f~~~~f~~ec//t~~/,a/pproval of this request? Please reply to: %%~~'""t' ' "~~~2?~~ S McCartney Department of Planfa'ing & Development DISTRIBUTION: XX Water District (Valley ) XXSanita District ruitdale) ire District Arvada ~ta~-ac,en~ Z3 ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCI.of Colorado io x~, ,.,.,., v,.n,~. 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. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-u^^638 (3D3) 234-5900 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 November 17, 1995 The City of Wheat Ridge The Wheat Ridge Department of Community Development has received a request for approval of a rezonina from A-1 to A-1 and R-1 and for a two-lot Your response to the following questions and-any comments on this proposal would be appreciated by Decem r 2 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-18/MS-95-5-Fisher LOCATION: 4430 Tabor Street REQUESTED ACTION: Rezoning from A-1 to A-1 and R-1; two-lot minor subdivision PURPOSE: To allow sale of existing single-family residential APPROXIMATE AREA: A-1 (2.6 acres) R-1 (18,876 sq ft) 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 I£ "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your 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//f~~~~f~~ec//try//,aJppro%val of this request? Please reply to: %%"y'~~" " "~~%~ ~,/~~ S McCartney D artment of Pla nq & Development DISTRIBUTION: XX Water District (Valley ) XX Sanitation District (Fruitdale) XX Fire District (Arvada ) Adjacent City ( ) XX Public Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCI.of Colorado 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. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform <i Rry~le~l Pnp~~~ ~oRarmuM Approved Date TO: Meredith Reckert, Planner II FROM: Greg Knudson, Development Review Engineer ~ DATE: November 27, 1995 SUBJ: 4430 Tabor Street, WZ-95-18/MS-95-5 Fisher The Public Works Department has reviewed the Planning Department r~ferral,d~ted ~7ovember,l7,. 1995 ,requesting,,,a,rezoning,from.A-1' _. .. . t~'A-1 and R-1 for a two-lot minor subdivision, and has the '~ollowing__comm~nt ~,__, , . 1. The plat submitted is currently being reviewed by Chuck Braden. A copy of the latest revisions has been attached. cc: Glen Gidley, Planning & Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer„ John McGuire, City Surveyor Chuck Braden, ROW Technician d ~~ ,~ . szrso~~~soN ~~~a a can~T~.cT '~R~caR CONTACT NUMBER 1 DATE: 29 NOV.,1995 SUBDIVISION NAME: DAVT4HFR MTNOR SUBDIVISION _ _ _ __ ENGINEER: NAME:_ SELLARDS & GRIGG PHONE: (3031 966-1444 FAX: Tzn31 986-0994 CITY REPRESENTATIVE: CHUCK BRADEN _ REMARKS: SW COR LOT 13 FALLS 17 80' SOU'T'H OF POB N LINE 44TH 8+ NORTH OF POINT 2 HFRFBY DEDICATE 10' WIDE STRIP FOR PUBLIC USE HEREBY' RELEASED" (RELEASES) nT:'nTCATED TO PUBLIC USE" WHAT IS DEDICATE D TO PUBLIC USE THERE IS A DEED OF TRUST WE NEED SIGNAT URE BLOCK FOR HOLDER ' NEED ADIIRESS AND PHONE # F'OR ENGINEER ENGINEER REPRESENTATIVE• JOHN LAMBERT REMARKS: Pi EASE SEND FAX AND RED-LINE How contact made: person PH~OE_ letter ~x REPRESENTATIVE: City: Engineer: Callback_1_Date: Remark: Callback_2_Date: Remark: Callback 3 Date: Remark: -- , _ R ' 7500 WEST 29TH AVENUE P.O. BOX 638 ~,r=c~r~E~ ra~sr ~ ~ ;; The City of WHEAT RIDGE. C080034-0638 - (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 - ~lCige Novenber 17, 1995 The Wheat Ridge Department of Community Development has received a request fOT annrnval .~,~ ~ .-....,._'_. r-__- _ _ _ _ Your response to the following questions ancitanyecommentsyonethisbproposal. would be appreciated by Dec mb r 2 1 S No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-18/MS-95-5-Fisher LOCATION: 4430 Tabor Street REQUESTED ACTION: Rezoning from A-1 to A-1 and R-1; two-lot minor subdivision PURPOSE: To allow sale of existing. single-family residential APPROXIMATE AREA: A-1 (2.6 acres) R-1 (18,876 sq ft) 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO X .. if ".NO", please explain below. Addl. mains and hydrants be-needed to meet AFPD regiaisetrents.for Lot 2 2. r service lines available to the development? New service]i-nes would be YES NO X If "NO", please explain below. required for new struo-- 3. Dotes btahilt on Lot 2 you ave adequate capacities to service the development? YES X NO If "NO",-.please explain below. 4. Can and will your agency service this proposed development subject to your rules. and regulations? YES X NO I£ "NO",.please explain below. 5. Are there any concerns or problems your agency has identified which would or should a~f~~f~~ec//t~iY//,a/pproval of this request? Please reply to: %~'~'~"' "~~~2~~~~ S McCartney Department of Planfa'ing & Development DISTRIBUTION: XX Water District ,( Valley ) XX Sanitation District (Fruitdale) XX Fire District (Arvada ) Adjacent City { ) XXPublic Service Co. XXUS West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XXTCI.of Colorado 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. W R Parks & Recreation Com. W R Forestry Div. W R Building Div. <pc>referralform r rs~„. a.„o-,,,«, z "' VALLEY WATER DISTRICT P.O-BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 11-22-95 Meredith Reckert City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80214 Dear Meredith: In reference to .Case #6dZ-9-18/MS-95-5, Fisher at 4430 Tabor Street, the Va11ey.Water District has received and completed the attached response form. The current water tap and service line now serves the existing house at 4430 Tabor. The new structure proposed for Lot 2 would require an additional tap and water service line. The Arvada Fire Protection District may also require additional water mains and fire hydrants to serve Lot 2 depending on the proposed construction. at a future date. If you have any questions, please call. Sincerely, Robert Arnold District Manager CI'T'Y OF WHEAT (416GE ~+z ~~ ~14 r ._...t ._ _ _ j [~YN ~' ~._'J?~~u U !5 ~1tG. ~ DE4~EtOPMENT ' c 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034:0638 (303) 234-5900 City Admin. Fax ~ 234-5924 Police Dept. Fax k 235-2949 The City of Wheat Ridge December 4, 1995 Mr. Rodney W. Fisher P- 0.-Box 317 Portland OR 97207-0317 Dear Mr. Fisher: This letter is in regard to your request for approval of a rezone from A-1 to A-1 and R-1, and a two-lot minor subdivision for property located at 4430 Tabor Street. The following items must be added to the plat document or addres_s_ed_otherwise: 1. Beneath the title "Davisher Minor Subdivision", the subtitle should read "A Resubdivision of a Portion of Lee's Subdivision"; 2. Adjacent zoning for the North and West adjacent properties; 3. Centerline location of the frontage road and running dimensions for distance between centerline and adjusted property line; 4. Case history box; 5. Note regarding zoning on Lot 1 and Lot 2; 6. Note regarding Floodplain designation (Zone B; 100-500 year Floodplain); 7. Note regarding any irrigation ditches; 8. If there are ditches crossing the property, they should be shown with their appropriate easements with a signature block for the ditch company; 9. Include. the word "hereby" in the note-for the 10-foot dedication strip - It should read "10-foot wide strip hereby dedicated to the City of Wheat Ridge"; 10. Include dashed delineation marks that show the 10-foot utility easement along the West property line, and the five- foot utility easements on both sides of the Northern and Eastern proposed property lines; and t0 M1'.. rlyd P.iPi~i s Mr. Rodney Fisher Page 2 December 4, 1995 11. Include the surveyor's certificate. Please find attached redmarked copies of the plat and development plan. Attached also are referral responses received from outside agencies. Additional referral responses will be sent as they reach our office. If you have questions regarding any of the above, do not hesitate to contact me. Sincerely, Se Mc artne Planner SMC:slw ,,. ~`7~j 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 21, 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-95-18: An application by Diane Davison and. Rodney Fisher for approval of a rezoning from Agricultural- One to Residential-One for property located at 4430 Tabor Street. Said property is legally described'as follows: A parcel of land lying within the west one-half of Lots 13 and 14, Lees Subdivision, described as follows: Beginning at the southwest corner 00°27'32" W, 216.53 feet along the the True Point of Beginning; thence N 00°27'32" W, 141.13 feet Lots 13 and 14; thence N 89°12'30" E, 142.20 feet said Lot 13; thence S 00°27.'32-" E, 143.50 feet; thence N 89°50'12" W, 142.21 feet Except the west 10 feet thereof. Said property contains 0.432 acres less. of said Lot 13, thence N west line of said Lot 13 to along the west line of said parallel with .the south line of to the True Point of Beginning, (18,825 square feet), more or 2. Case. No. MS-95-5. An application by Diane Davison and Rodney Fisher. for the approval of a two-lot minor subdivision for property located at 4430 Tabor Street. Said property is subject to rezoning review pursuant to Case No. WZ-95-18-and is legally described as follows: A parcel of land lying within the west one-half of Lots 13 and 14, Lees Subdivision, .described. as follows: Beginning at the southwest corner of said Lot 13, thence N . 00°27'32" W, 2'16.53 feet along the west line of said Lot 13 to the True .Point of Beginning; thence N 00°27'32" W, 360.27 feet along the west line of said Lots 13 and 14 to .the northwest corner of that parcel of land as described in Reception No. 88045786, Jefferson County Records; thence N 89°12'0.6" E, 312.78 feet along the north line of said Reception No. 88045786 to the west line of that parcel of land as described in Reception No. 92112784, Jefferson County Records; thence S 00°28'41" E, along said west line 365.55 feet; thence N 89°50'12" W, 312.91 feet to the True Point of Beginning, containing 2.6 .acres, more or less. ' 3. Case No. MS-95-4: An application by Keith Thompson for Pacifica ARRA Kipling/I-70 L.L.C. for approval of a four-lot Y• resubdivision for property located at 9505 West I-70 Frontage Road North. Said property is zoned Commercial-One and is legally described as follows: . Commencing at the Northeast corner of the SW 1/4, of the SE 1/4, of. the Sw 1/4 of Section 15, T3 S, R69W, of the 6th P.M.; thence S 00°03'22"E, along the East line of said SW 1/4, of the SE 1/4, of the SW 1/4 of Section 15, a distance of 30.00 feet to the South right-of-way line of West 49th Avenue, as shown on the recorded plan. of Independence Executive Office Park, and also being the Point of Beginning; thence continuing'SOD°03'22"E along said East line, a distance of .52.9-.-62 feet to the northerly right-of-way line of Interstate 70 as recorded in Book 1840, at Page 744 of the .records of Jefferson County; thence N81°41'13"W along said northerly right-of-way line for Interstate 70, a distance of 605.03 feet to the Easterly right-of-way line of Independence Street as shown on the recorded plat of Independence Executive Office. Park; thence along said easterly right-of-way line the following 3 courses: 1. N45°02'51"W a distance of 45.00 feet; 2. N00°02'51"W a distance of 398.12 feet; - 3. N44°57'09"E a distance of 14.10 feet to a point on the South right-of-way of West 49th Avenue; thence N89°47'30"E along said South right-of-way line a distance of 620.36 feet to the Point of Beginning, containing 303.601 square-feet or ,6.9697 acres more. or less. ~ ~1 ~~ ndra Wiggins, 'S~'c ,e~tJary ATTEST: Wanda Sang; City Clerk To-be Published: Jefferson Sentinel b:\a122195.,phn The JEFFERSON SENTINELS 1224 Wadsworth Blvd Lakewood. CO 80215-5108 239-9890 ._ NDTICEOF Pl167.IC FIFJIRMO Notice is hxeby piwn that a Public - - - - Hearing is to bs held bMOro me City of _. _ faaraat RNee PWnir,a C.annialen en 12/08/95 _ - - .. THE CITY CLERKS OFFICE __ __ ~~r'c~Na CITY OF WHEAT RIDGE _ b~rptena9~ 7500 W. 29TH AVENUE - approval - ~~~ WHEAT RIDGE. -CO 80215 - - Said PrOpe i- /allows: A:parosl of INVOICE: LEGAL NOTICE PUBLICATION ~ sr~dNi:ifon Our number: JW0198-C07 Your identification: --- - Bepinninq aaia LOtn a1&6a fact Ldt 19 to thi PUBLICATION DATES: 95/12/07 through 95/12/07 '_ °i"ncnN00 tIM Weat IIM NUMBER OF LINES: -117 _.. -+ th'"`e N' paulbl vdlh COPIES REQUESTED:- 3- _- idineS00 -= therrceN 89 Trw Poira c f0 feet Iher~ Printing: 49.14 - g•~ nmw -Copies : 0.00 6.826 aqa Casa No- TOTAL DUE: $ 49.. 14 Diane Devi, me apps f1OdNglpl Tabar3lroe Thank you- for advertising wz~'.g61"°B in the Jefferson Sentinel Newspapers! i f°II°wa` A panel of oaehalf e mtermroc en¢em are at the Pudic Hearing ar o~nlmenb..Theldbwirp C , ~-r.. G9S18:~-Ah appllealian inand ROtlnnssyy Fisharfor a-"reaoninp' tram r to Rwidsntla4One for 1 u 4430 Tsbor Street. Y_fapa9y _d-etofllNd as p-ghtg wNlrln the west >la 13 and 74, Leea adhed a folfowa: I u soumwert comer of ' roots N 00°2732' W, I p the west Zino of aald u Pdm M Beginning; 32'.k/ 1S1.t3/eelalorg da Laa'ta and u; .2'30'- ~j;142.20 lest south aneaf said Lot f 9; 32' E. 143.60 fast: ta' w,142s1 reel m tlw i!t^^ipg ,Exoapl the west oontaim Q.432 scree w0. mme a kna. 9GS-Art appgcatbn by and Rodmy Fbla! for ~df i twd•lot minor roperty bcalad at 4430 Ib IxoPeilY b aubjed to punuam b Cass No. b IaWhi dewribad as along r No. The JEFFERSON SENTINELS 1224 Wadsworth Blvd Lakewood, C0 802,15-5108_ _ 239-9890 12/08/95 THE CITY CLERKS OFFICE CITY OF WHEAT RIDGE , 7500 W- 29TH AVENUE_ WHEAT RIDGE. CO 30215 INVOICE: LEGAL NOTICE PUBLICATION Our number: JW0198-C07 Your identification: PUBLICATION DATES: 95/12/07 through 95/12/G7 NUMBER OF LINES: 117 !"OPIES REQUESTED: 3 Printing: 49.14 ___ Collies: 'J.1~0 __ TOTAL DUE: 5 49_i4 Thank .you for advertising in the Jefferson Sentinel Newspapers! abng snkl weal aurae, more or leas. 3. Cane No. MS-95.4: An apPliaa[bn by Keith Thompson for Paolfica ARKA Kipling/I-70 L.L.C. for aPProval of a four-lot reaubdivieion for property located at 9606 Woal .-70 Frontage Road North. Said praperry Is zoned Commercial•One and is legally described as follows: Commeneirg at the Nonheast comer of the SW 114, d me SE 114, of the SW 114 of Section 15. T3S, R6gW, of the 6th P.M.; thence S 00°03'22'E, along the East line of saM SW 114, of the SE 714, d Na SW f/4 of Section 16, a distance of 30.00 leer to the South right-af-way line of Weat 491h Avenue, as shown on the recordetl plan of Independence Executive tmee Park, antl abo Laing the Point of Beginning; thence continuing S00°03'22'E abng said Esat line, a dstance of 628.62 foot to the northerty rigmof-way line of Interstate 70 se reeometl in way line of Independence Street as shown on the rooortled plat of Inde- peMence Executive COiee Park; thence abng said easterly right-of•wey line me lollowing 3 courses: _ 1, N46°02'6/'W a diatanoe of 46.00 feet: _ 2. N00°02'S1W a tlietanee of 388.12 teeG 3. N44°5T09'Eadiatance o114.f0 feet to a point an the SoNh right-ol-way of Went eBm Avenue; thence N89°47'30'E along said SoNh right-ol-way line a dbbnce of 620.36 feet to the Point of 6eglnning, wntaning 303.601 sr•unre feel or 6.8697 acroa moro or lase. !a/ Sandra WigOina Sandra Wiggins, Secretary ATTEST: /a/ Chds[a Jones, Oaputy Wanda Sang, City Clerk Published: December 7, 1986 Published In: TheJeOeraan Sentinel JW0198.C07 -500 WEST 29TH AVENUE The City Of P.O. 6OX 638 WHEAT RIDGE. CO 80034-C638 (303) 234-5900... _ _ heat City Admn. Fax ~ 234-5924 Police Dept. Fax # 235-2949 ~Rldge December 1, 1995 This is to inform you that Case No. wz-95-18 which is a ' request for rezoning of a property from Agricultural-One to Agricultural-One anal Residential-One- for property located at 4430 Tabor Street will be heard by the Wheat Ridge Planning Commission in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m_ ._ On Tla t~amhar 91y 1QAS - - All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the 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 <o rs,~~„~.,, a,im, 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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CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 21, 1995 DATE PREPARED: December 11, 1995 CASE NO. & NAME: WZ-95-18 and MS-95-5 /Fisher CASE MANAGER: Sean McCartney ~~_ ACTION REQUESTED: An application by Rodney W. Fisher and Diane Davison for the approval of a rezone from Agricultural-One, Residential-Two and Residential-Three to Agricultural-One and Residential- One, and a 2-lot Minor Subdivision. LOCATION OF REQUEST: 4430 Tabor Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 2.5 acres Rodney W. Fisher and Diane Davison P.O. Box 317 Portland, Oregon 97207-0317 Same PRESENT ZONING: Agricultural-One, Residential-Two and Residential-Three PRESENT LAND USE: Residential single-family and vacant SURROUNDING ZONING: N: Residential-Two and Agricultural-One; S and E: Residential-Three; W: Commercial-One and Agricultural-One SURROUNDING LAND USE: N; low density residential S; high density residentiai E; low density residential,(vacant) and W; commercial COMPREHENSIVE PLAN: High Density Residential (Fruitdale Master Plan) DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: December 2, 1995 December 5, 1995 December 1, 1995 (~) ( ) ( )NOT REQUIRED (XX) NONE ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS (XX) SUBDIVISION REGULATIONS ( )OTHER 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. Board of Adjustment Staff Report Case No. WZ-95-18 Case No. MS-95-5 REQUEST Page 2 The applicant requests the approval of a rezoning $rom Agricultural-One, Residential-Two, arid Residential-Three, to Agricultural-One and Residential-One, and a 2-lot minor subdivision plat at x430 Tabor Street. The property in question is 2.5 acres. The 2-lot minor subdivision would create an 18,825 square foot property that would encompass the existing one-story single-family residence, which the applicant intends to sell if the rezoning and minor subdivision is approved. This lot (lot 1) would be rezoned to R-1. Lot 2 would be rezoned to A-1. Staff would note that this case was originally published as a rezoning from Agricultural-One to Agricultural-One and Residential-One. After further study of the zoning maps, staff discovered a 25' extension of the Residential-Three zone district along the south portion of the property, and a 20' extension of the Residential-Two zone district along half of the northern portion of the site. Further study proved that the Residential-Two zone district extension to the north was actually a mapping error, and does not actually encroach onto the site. Staff believes the Planning Commission has jurisdiction to hear the case but would note that the legal description and publication will be corrected prior to the City Council hearing. II. CRITERIA If the the following rezoning request is denied, the subdivision replat cannot be acted upon, as a parcel of 18,825 square feet does not comply with the 1 acre lot area requirement established in the Agricultural-One zone district. In accordance with Wheat Ridge Code of Laws, Section 25-6 (c), before a change of zone is approved, the applicant shall show and Planning Commission shall find: That the change of zone is in conformance, or will bring the property in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies for the area. The Wheat Ridge Comprehensive plan calls for high density residential for the east side of Tabor Street, from West 44th Avenue to West 46th Avenue, and low density residential use north of West 46th Avenue up to I-70. Staff feels that the less intensive residential use is more congruent with the existing uses that are established on the east side of Tabor Street to the north, but may be Impacted in the future by commercial uses on the west side of Tabor Street. 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. Surrounding land use includes low density residential to the north, vacant residential-three zoned parcels to the northeast, and low density residential to the southeast. High density residential to a the south and commercial uses to the west (across Tabor Street). The commercial uses to the west may be considered incompatable. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zoning. There will be social benefits to the City due to the Bow density character being continued. 4. The 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. There is adequate infrastructure to serve the developement. 5. That the proposed rezoning will not adversely affect the public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. As per this application, there is an existing one-story single family structure which has resided on the site prior to the rezone application. Staff believes there will not be any further impact on the adjacent properties, nor will there be any Intensification o4 traffic volume, 6. That the property cannot reasonably be developed under the existing zoning conditions. The current zoning is a split zoning of Agricultural-One and Residential-Three. The approval of the rezone would allow the applicant to sell the existing single-family dwelling and not create a large impact on the entire site (minimum lot area for asingle-family dwelling in the residential-one zone district 12,500 square feet, as opposed to the 1 acre minimum lot area requirement in the agricultural-One zone district) . 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there are other residentially-zoned properties to the north, east and south. 8. That there is a void in an area or dommunity need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at this location. This is a residentially based use that will not provide necessary services, products or facilities. Although, staff would like to note that aloes-density residential use, as opposed to the high density residential use suggested by the comprehensive plan, would promote a lower traffic volume and a lower turn-around rate of residents, thus establishing stability. Subdivision Design If the rezoning portion of this case is approved, the second portion of the application has grounds to be approved. Currently, as stated prior, the property in question is 2.5 acres in area and is an interior lot with 360.27 feet of frontage on Tabor Street. There is an existing ,house on the southwest comer. The applicant is requesting the approval of a two-lot subdivision so the southwestern portion of the property can be used as a separate building site. Lot 1 (southwestern lot) would be 18,825 square feet, and lot 2 would be 91,098 square feet (approximately two acres). The minimum lot area requirements for the residential-one zone district is 12,500 square feet, and 1 acre of minimum lot area in the agricultural-one zone district, for asingle-family dwelling. The two-lot minor subdivision would support both of these minimum requirements. Prior to creating the plat, the applicant was asked by the public works department to dedicate 10 feet of street frontage to the public right-of-way for Tabor Street. The dedication was needed to create the 30' of distance, to the center line, that is required for a collector size street such as Tabor Street. All minimum requirements of the Subdivision Regulation have been met. IV, Staff Recommendation Staff has concluded that the proposed rezoning is consistent with the existing land uses that surround the property and that the subdivision is consistent with the minimum requirements established in both the Agricultural-One and Residential-One zone district regulations. Staff further concludes that all of the requirements of the Subdivision Regulations ahve been met. For these reasons, a recommendation of Approval is given for cases WZ-95-18 and MS-95-5. V. Recommended Motions Option A: "I move that Cases WZ195-18 and MS-95-5, requests for approval of a rezoning from Agricultural-One, Residential-Two and Residential-Three, to Agricultural-One and Residential-One, and a two-lot minor subdivision for property located at 4430 Tabor Street, be approved for the following reasons: The rezoning would ammend the split-zoning which currently exists on the property. 2. The plat is consistent with the minimum requirements established in the Agricultural-One and Residential-One zone districts. 3. All requirements of the Subdivision Regulations have been met. 4. Staff recommends approval. Option B: "I move that Cases WZ~95-18 and MS-95-5, requests for approval of a rezoning from Agricultural-One, Residential-Two and Residential-Three, to Agricultural-One and Residential-One, and a two-lot minor subdivision for property located at 4430 Tabor Street, be denied for the following reasons: 2. 3. Cases No. WZ-9-18/ I MS-95-5 AGENCY REFERRALS SUMMARY Fire: (Arvada) No response. Schools: Water: (Valley) Anew development for Lot 2 would require an additional tap and water service line. Sewer: (Fruitdale) Service lines must be constructed at sole expense of property owner. U S West: No reply. Public Service Company: No replya State Land Use Commission (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: Public Works: No problem. Parks and Recreation: Police: Building Inspection: agrefsum.frm CITY DEPARTMENTS .-, -~ , .-I+ - 4 •~ 1' ~I ~~ fo ;i 1 1 ,, - Lei -~: '-' _j~ ~ ~' , `, .r :.-- J . ~~ -::~~~ .~ CAS>: rto. Wz • 9~ • tp, MS•95. 5 Ir ~ ~ . ~ r -. r ai I C-' ;il~ Q I ~i ~ ~ `~ ~~ ----- O~~IGI~L ~.Oi~l NC !`!,~t MAP ADOPT °_D:.!.~ne f5, 199 Last Revi~irn: Janucry 9, X995 ~ ' ~ i ~tGN ~ - ~ ~ :1 i i i i r¢- Io-ub wz-av-e ., , 1 , p ~.. -~ 1 ~ ~ , ji ~ ~,:•- ~ ,;~ ~ I , ~ I Li' ~ , a ~ ~ ~ ,, ~1 ~~ ~. ~ , ~ /' 1 ~I i _~ II 1 l ~~' ~~~ V it AREA REQUIRING SITE PLAN APPROVAL 'CLG: !; 100- -AR FLOOD PLAIN ~~'~'-' (A°PROXIMATc LOCATION ___~ -ZONE DIS-R!GT 50UN~3Y - PARCEL/LOT 30UNDRY mE51GNA~~_OnNERSHIP) --+-'-CITY LIMIT LINE -~~---HATER PEAT 'RE DENOT_5 MULTIPLE ADDR=SSES ~: ;~~ ~: 1 ~~ ~ >~. ~,. g ib NO SG.-1:.E "~00 imAR ii,dv T G p..i~W:iN6 Ah7 r'~V~O?"E~T - 23"r7&~e PUBLIC HEARING SPEAKERS' LIST CASE NO: MS-95-5: DATE: December 21, 1995 REQUEST: An application by Diane Davison and Rodney Fisher for the approval of a two-lot minor subdivision for property located at 4430 Tabor Street. Said property is subject to rezoning review pursuant to Case No. WZ-95-18. SPEA ER NAME, DDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED ,S , ~~j~jj ~ 00 q~ i E'i ~ i ,; I l ! `~ i~ ~~ I, 1~ I! Z,ONI1`,1G M~~' Wt~~~T i~IDG~ GOLO~{'cD0 MAP ADOPTED= ane 15, 1994 Leat Reviaio!v =enlcry 9, !995 :1 AR`A R'cQUIRING SITE ?LAN APPROVAL r--i r.:.~ I00-Y'-AR FLOOD PLAT ~_ _~ (A?°ROXIMATE LOGATIOM -ZONE D`STR!GT 3p1."VDRY PARGELlLOT HOUNDRY (DESIGNAT'c5 OWNERS}iiP) ~~-='=GITY LIMIT LINE -.._._._ WATER r-EATURE • DENOTES MU_TI?L.-^_ ADD+2~SS ~~ vos+ o » ao aoo soa wo SGAL'c I'~DD ~'ARiNRfT ~ PI.hMJiW hhD ~OR~tT - X15-]BS] Wz q5 is CASE NO. MS ~t~ S AGENCY REFERRALS SUMMARY Fire: Ctt2.ianA~ (.tu t2~~F17PUsE Schools: water: L~/~->~~'~ d New osyr~i,,orrt~xtr rrveyi-r~i' Z •us-cuva ~E~ut¢~ ~ .+.v~tnnNaa. -rata sate wanaz sercv~~ t_tt.!=_ Sewer: ~ ~i2iA~r»pL6~ _ S~avtc~ LLriKS p-Un.sr ~ ~N~ittz+.tc-T'!~ ~~ 5 oL ~K'F~tsg of PSI°~"/ oN1~l~vZ. US West Communications: _No R-f~PLy Public Service Co: t,Lo 1?.tcPL`1 State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: CITY DEPARTMENTS Public Works: No P20axevG ~._ ~ Parks & Recreation: Police: Building Inspection: _ ' pc/Agencyrefsum CERTIFICATION OF RESOLUTION _ _ CITY Off' WHEAT RIDGE PLANNING COMMISSION CASE N0: MS-95-5 LOCATION: 4430 Tabor Street APPLICANT(S)-NAME: Rodney W. Fisher and Diane Davison OWNER(S) NAME: Same. REQUEST: approval of a two-lot minor subdivision _ _-_ APPROXIMATE AREA: 2.5 acres __ WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request; and said list., of factors is attached hereto and incorporated herein by reference, - and made a part hereof; and - WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions ___ reached, it was moved by Commissioner OWENS, seconded by Commissioner WILLIAMS, that Case No. 715-95-5, an application by Rodney W. Fisher and Diane Davison for approval of a two-lot_mino= subdivision fox. _ property located at 4430 Tabor Street be Approved for the following- _ reasons: 1. All requirements of the Subdivision. Regulations have been met. 2. Staff recommends approval. _ ' VOTE:. YES: Williams, Owens, Rasplicka, Cervany, Langdon and Crompton 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 6 - 0 vote_of the members present at their regular meeting held in the Council-Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 21st_day of December, 1995. George Langdon, Chairperson San a iggins, Secretary_,._ . WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION b:\ms955.res iJRAFi CERTIFICATION OF'RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WZ-95-18 LOCATION: --4430 Tabor Street APPLICANT(S) NAME:-Rodney W. Fisher/Diane Davison _ _ _ OWNER(S) NAME: Same. REQUEST: Rezoning from A-1, R-2 and R-3 to A-1 and R-1 APPROXIMATE AREA: 2.5 acxes- WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference,- and made a part hereof; and- WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner OWENS, seconded by Commissioner. _ WILLIAMS, that Case No. WZ-95-18, an application by Rodney W. Fisher _ and Diane Davison fox approval of a fezoning from A-1, R-2 and R=3 to - A-1 and R-1 for property located at 4430 Tabor .Street be Approved.. - fox the following reasons: _ - i. The rezoning would amend the split zoning which currently exists.. _ on the property. 2. The plat is consistent with the minimum requirements established - _ in Agricultural-One and Residential-One zone districts. 3. Staff recommends approval. VOTE: YES: Williams, Owens, Rasplicka, Cerdeny, Langdon and Crompton NO: None. -- - 1 I, Sandra Wiggins, Secxetary.to the City, of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted_by a'6 - 0 vote of the members present at _ ___ their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado; on .the 21st day of December, 1995. George Lang ori, Chairperson Sandra Wiggins, Secretary. WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION b: WZ9518.xes - -__- :° DRpF1 AGENDA ITEM RECAP rA ITENS 4uASI-scmlciAL X - Yes No X PUBLIC HEARINGS PROC./CERE_MONIES BIDS/MOTIONS _ INFORMATION ONLY _ CITY ADM. MATTERS - ELEC. OFFICIALS MATTERS _ CITY ATTY. MATTERS ORDINANCES FOR 1ST READING _ LIQUOR HEARINGS _ x ORDINANCES FOR.2ND READING. PUBLIC COMMENT __ RESOLUTIONS ' AGENDA ITEM TITLE: Case No. WZ-95-18 and MS-95-5/Fisher and Davison SUMMARY/RECOMMENDATION: Applicant requests approval of a rezoning from - A-1 and R-3 to A-1 and R=1 and approval of a two-lot minor subdivision for property located at 4430 Tabor Street. A_recommendation of Approval with conditions is given. '- ATTACHMENTS: 1) Staff report 2) 3) SIIGGESTED MOTION: BUDGETED ITEM - - Yes No Fund Dept/Acct # Budgeted Amount S __ Requested Expend.S Requires Transfer/ ~ ' Supp. Appropriation - Yes No Rezoning - I move that Council Bill No. a request for approval of a rezoning from Agricultural-One and Residential-Three to Agricultural-One and Residential-One for - - - prog~rty located at 443,0 Tabor Street, be approved for the following reasons:. 1. The proposed zoning is in conjunction-with the Comprehensive Plan. 2. The rezoning criteria support this request. 3.. There-has been no overriding protest registered by surrounding property owners. Two-lot Minor Subdivision I move that Case No. MS-95-5, a request for a two-lot minor subdivision filed under the name. of Davisher,.located at approximately 443.0 Tabor Street, be approved for the following reasons: ' 'The plat is consistent with the minimum requirements established in the Agricultural.-One and Residential-One zone districts. All requirements of the Subdivision Regulations have been met. Planning Commission Minutes Page 2 December 21, 1995 - 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner CERVENY moved that the agen for the meeting of December 21, 1995 be approved as print Commissioner RASPLICKA seconded.the motion. Motion Carrie 6-0. 5. APPROVAL OF MINIITES Commissioner OWENS moved approve the minutes for the meeting of December 7, 1995 as rinted. Commissioner RASPLICKA seconded the motion.. Motion rried 4-0, with Commissioners GRUMPY-ON and WILLIAMS abstaini 6. PUBLIC RUM (This is the time for anyone to speak on any sub t not appearing under Item 7 of the Public.Hearing s ion of the agenda.) N~ne had signed the roster, nor came forward to speak at that 7. PIIBLIC HEARING - 1.& 2.Case Nos. WZ-95-18 and MS-95-5: An ,application by Diane Davison and Rodney Fisher for approval of a rezoning from Agricultural-One to Residential-One and approval of a two-lot minor subdivsion.for property located at-4430 Tabor Street. Sean McCartney passed around copies of an-updated plat.. He then presented the staff report.. Entered-into the record and accepted by the Chairperson were the Comprehensive__Plan,,zoning Ordinance, Subdivision Regulations, case file, packet materials and exhibits. - There were no questions from Commission. Rodney W. Fisher, 4430 Tabor_Street, Wheat Ridge, was sworn in. He stated he applied for rezoning and a minor subdivision so that he could sell the existing home, and develop the remaining land. Commission had no questions. Serrv Brown, who signed the roster;- stated he did-not wish_to__ speak. Planning Commission Minutes Page 3 December 21,'1995.: _ _ Commissioner OWENS moved that Case No. WZ-95-18 and Case No. MS- 95-5, a request for approval of rezoning from Agricultural-One; Residential-Two and Residential-Three to Agricultural-One and- ResidentiaL--One and a two-lot minor subdivision for property located at 4430 Tabor-,Streetibe approved-for, the following _ reasons: 1. -The rezoning would amend the split,-zoning which currently exists on the property ._ __ 2. The plat is consistent with the minimum requirements established in Agricultural-One and Residential-One zone districts. 3. All requirements,of he Subdivision Regulations have been met. - - 4. -Staff recommends approval. Commissioner WILLIAMS seconded the motion. Chairperson LANGDON asked if one motion could.be made for the two cases.- Mr. Gidley stated that it would be preferable if two motions were made. The motion regarding rezoning should be made first, he added_ Commissioner OWENS requested that his first motion be.amended, eliminating mention of the two-lot minor subdivision. Commissioner WILLIAMS agreed with the amendment. Commissioner OWENS moved that Case No. MS-95-5, a request for approval of a two-lot minor subdivision for property located at 4430 Tabor Street be approved for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. Staff recommends approval. Commissioner WILLIAMS_seconded the motion.. Motion carried 6-0. 3. Case No MS-95-4; An appli n by Keith Thompson for Pacifica ARKA Kiplin L.L.C. for approval of a four-lot resub ion for property located at 9505 West I-7 ontage Road North. Said property is zoned Com ia1-One. ~~ Public Service December 21, 1995 City of Wheat Ridge Planning Deparhnent 7500 W. 29th Avenuc P.O. Box 638 Wheat Ridge, CO 80034 ~F/'~~~Sti~~' 1 • {, 'Goinpan orado i~ .Std..- ~~,~~° Di+W. ue ~„ ~ _~~en~r,~~~ -4174 v ~ ~~~O~G ~ Public Service Company of Colorado (PSCo) acknowledges receipt of the preliminary plot plan of Fisher #WZ-95-18 & MS-95-5 PROJECT TITLE PSCo has examhred the proposed plot plan of the above-captioned project and suggests that defming easements for electric and gas service should be delayed at this time. Easements camiot be adequately delineated at this time due to the uncertainty of the service needs and locations to allow for the most desirable and economic system design. Easements shall be granted to PSCo when service locations are made known for the construction, operation, manrtenance, and replacements of their facilities as maybe necessary to provide service within this subdivision or property contiguous thereto, through, over, across, and under streets, utility easements, and other public places or common azeas. Approval of electric and/or gas service to this property is subject to PSCo rules, regulations and tariffs on file azid ur effect with the State Public Utilities Commission, State of Colorado. PSCo would like to remind the developer to have all utilities located prior to consWction. If you have any questions regazding the above subject matter, please contact me at 571-3735. Thant: you, Teresa Wilson Right-of-Way Processor TW/pg CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: February 12, 1996 DATE PREPARED: January 31, 1996 CASE NO. & NAME: WZ-95-18 /Fisher CASE MANAGER: Sean McCartney MS-95-5 ACTION REQUESTED: An application by Rodney W. Fisher and Diane Davison for the approval of a rezone from Agricultural-One and Residential-Three to Agricultural-One and Residential-One, and a 2-lot Minor Subdivision. LOCATION OF REQUEST: 4430 Tabor Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 2.5 acres Rodney W. Fisher and Diane Davison P.O. Box 317 Portland, Oregon 9 72 0 7-03 1 7 Same PRESENT ZONING: Agricultural-One and Residential-Three PRESENT LAND USE: Residential Single Family and. vacant SURROUNDING ZONING: N: Residential-Twa and Agricultural-One, $: and E: Residential-Three, N: Commercial-One and Agricultural-One SURROUNDING LAND USE: N ; low density residential S: high density residential, E: low density residential (vacant) and W: commercial DATE PUBLISHED: DATE POSTED: January 25, 1996 January 29, 1996 DATED LEGAL NOTICES SENT: January 29, 1996 AGENCY CHECKLIST: (XX) ()NOT REQUIRED RELATED CORRESPONDENCE: ( ) (XX) NONE ENTER INTO RECORD' (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS ()OC) CASE FILE & PACKET MATERIALS (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. Board of Adjustment Staff Report Case No. WZ-95-18 MS-95-5 REQUEST Page 2 The applicant requests the approval of a rezoning from Agricultural-One and Residential-Three, to Agricultural-One and Residential-One, and a 2-lot minor subdivision plat at 4430 Tabor Street. The property In question is 2.5 acres. The 2-lot minor subdivision would create an 18,825 square foot property that would encompass the existing one~tory single-family residence, which the applicant intends to sell if the rezoning and minor subdivision is approved. This lot (lot 1) would be rezoned to R-1. Lot 2 would remain A-1. It the rezoning request is denied, the subdivision plat cannot be acted upon, as a parcel of 18,825 square feet does not comply with the 1 acre lot area requirement established in the Agricultural-One zone district. il. REZONE CRITERIA in accordance with Wheat Ridge Code of Laws, Section 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 in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies for the area. The Wheat Ridge Comprehensive plan calls for high density residential for the east side of Tabor Street, from West 44th Avenue to West 46th Avenue, and low densiiy residential use north of West 46th Avenue up to 1-70. Staff concludes that less intensive residential use is more congruent with the existing uses that are established on the east side of Tabor Street to the north, but may be impacted In the future by commercial uses on the west side of Tabor Street 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. Surrounding land use includes low density residential to the north, vacant residential-three zoned parcels to the east, and low density residential to the southeast. High density residential to the south and commercial uses to the west (across Tabor Street). The commercial uses to the west may be considered incompatible, however the potential impacts are mitigated by the separation by Tabor Street, and can be further mitigated by sfte design where those properties rezone and develop. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zoning. There will be social benefits to the City due to the low density character being continued. 4. The 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. There is adequate infrastructure to serve the development. 5. That the proposed rezoning will not adversely affect the public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. As per this application there is an existing one~tory single family structure which has resided on the site prior to the rezone application. Staff believes there will not be any further impact on the adjacent properties, nor wilt there be any intensification of traffic volume. 6. That the property cannot reasonably be developed under the existing zoning conditions. The ewrrent zoning is a split zoning of Agricultural-One and Residential-Three. The approval of the rezone would allow the applicant to sell the existing single-family dwelling and not create a large impact on the entire site (minimum lot area for single-family dwelling in the Residential-One zone district 12,500 square feet, as opposed to the 1 acre minimum tot area requirement in the Agricultural-0ne zone district). 7. That the rezoning will not create an Isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not an issue as there are other residentially-zoned properties to the north, east and south. 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 this location. This is a residentially based use that will not provide necessary services, products or facilities. Although, staff would like to note that a low~lensity residential use, as apposed to the high density residential use suggested by the comprehensive plan, would promote a lower traffic volume and a lower tum-around rate of residents, thus establishing stability. III. SUBDIVISION DESIGN If the rezoning portion of this case is approved, the second portion of the application has grounds to be approved. Currently, as stated prior, the property in question is 2.5 acres and is an interior lot with 360.27 feet of frontage on Tabor Street. There is,an existing house on the southwest corner. The applicant is requesting the approval of a two-lot subdivision so the southwestern portion of the properly can be used as a separate building site. Lat 1 (southwestern lot) would be 18,825 square feet, and lot 2 would be 91,098 square feet (approximately two acres). The minimum lot area requirements for the Residential-One zone district is 12,500 square feet, and 1 acre of minimum lot area in the Agricultural-One zone district, for a single-family dwelling. The two-lot minor subdivision would support both of these minimum requirements. Prior to creating the plat, the applicant was asked by the public works department to.dedicate 10 feet of street frontage to the public right-of-way for Tabor Street. The dedication was needed to create the 30' of distance, to the center line, that is required for collector size street such as Tabor Street. All minimum requirements of the Subdivision Regulation have been met, IV. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on December 21, 1995. In regard to the zone change request, a recommendation for Approval was made for the following reasons: 1. The rezoning would amend the split zoning which currently exists on the property. 2. The plat is consistent with the minimum requirements established in Agricultural-One and Residential-One zone districts. Regarding the 2-lot minor subdivision, a recommendation for Approval was made for the following reason: 1. All requirements of the Subdivision Regulations have been met. V. STAFF RECOMMENDATION Staff has concluded that the proposed rezoning is consistent with the existing land uses that surround the property and that the subdivision is. consistent with the minimum requirements established in both the Agricultural-One and Residential-One zone district regulations. Staff further concluded that all of the requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given for cases WZ-95-18 and MS-95-5. VI. RECOMMENDED MOTIONS OPTION A: "I move that Council Biil No. be approved on 2nd reading, which if approved, will rezone property located at 4430 Tabor Street from Agricultural-One and Residential-Three to Agricultural-One and Residential-One pursuant to Case WZ-95-18. Reasons for this recommendation are: 1. The proposed zonings are in conjuncture with the comprehensive plan. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners. 4. Planning Commission has held a public hearing and recommends approval. 5. Staff recommends approval. VII. MINOR SUBDIVISION OPTION A: "1 move that Case MS-95-5, a request fora 2-lot minor subdivision filed under the name of Davisher, located at approximately 4430 Tabor Street, be approved for the following reasons: t. The plat is consistent with the minimum requirements established in the Agricultural-One and Residential-One zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. 4. Planning Commission recommends approval. AGENDA ITEM RECAP QUASI-JUDICIAL X _ Yes No PUBLIC-HEARINGS - CITY ADM. MATTERS ELEC. OFk'ICIAliS MATTERS PROC./CEREMONIES- _ CITY=ATTY. MATTERS _ x ORDINANCES FOR 1ST READING BIDS/MOTIONS ~LIQUOR_HEARINGS - __ --ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT _ RESOLUTIONS _-- AGENDA STEM TITLE: WZ-95-18/Fisher - SUMMARY/RECOMMENDATION: Consider a rezoning from A-1 and R-3 to A-1 .and R-1 for property located at 4430-Tabor Street: - ATTACHMENTS: 1) Council Bill No.~ 2) - - 3) SUGGESTED MOTION: BUDGETED - ITEM Yes No --- Fund Dept/Acct # Budgeted Amount $ - Requested Expend.$ - -- Requires Transfer/ _ ~ -~ Supp. Appropriation Yes No I move that Council Bill be approved-on-first reading,- ordered published, public hearing be set for Monday, February 12, 199G~-at 7:00 p.m. in City Council Chambers,. Municipal Bldg., and if approved on second reading take effect. l5 .days after final publication. CITY-COUPICIL MINiTTES: February 12, 1996 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -2-_ Item 1. Council Bill 3 - An Ordinance providing for the approval of rezoning from Agricultural-One and Residential-Three to Agricultural-One acid Residential-One on land located at 4430 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado. lid;"e~~=~5='38; (Rodney W. Fisher and Diane L. Davison) Council Bill 3 was introduced by Mrs. Worth on second reading; title read by the Clerk; Ordinance No. 1013 assigned. Applicant, Rodney Fisher, 4430 Tabor Street, was present and sworn in by the Mayor. He gave reasons for the rezoning request, asked for approval and answered Councils' questions. Glen Gidley was sworn in by the Mayor, presented the staff report and answered Councils' questions. Motion by Mrs. Worth that Council Bill 3 (Ordinance 1013), a request for approval of rezoning from Agricultural-One and Residential-Three to Agricultural-One and Residential- One for property located at 4430 Tabor Street, be approved for the following reasons: 1. The proposed zoning is in conjuhction with the Comprehensive Plan. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners; seconded by Mr. Eafanti; carried 7-0. Motion by Mrs. Worth that Case No.s(tt~;`:a request for atwo-lot minor subdivision filed under the name of Davisher, located at approximately 4430 Tabor Street, be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in Agricultural-One and Residential-One zone districts. 2. All requirements of the Subdivision Regulations have been met; seconded by Mr. Eafanti; carried 7-0. Item 2. Council Bill i - An Ordinance permitting multiple charges upon a single notice to abate or summons and complaint. Council Bill 1 was introduced on second reading by Mr. DiTullio; title read by the Clerk; Ordinance No. 1014 assigned. ,. Motion by Mr. DiTullio for approval of Council Bill 1 (Ordinance 1014); seconded by Mr. Eafanti; carried 5-2 with Mrs. Worth and Mrs. Shaver voting no. ~ µ ~~ffAA\\//rr V/~'f~ VV/X~ V ~' 1~- f U INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 3 ORDINANCE No. X913_ Series of 1996 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE AND RESIDENTIAL-THREE TO AGRICULTURAL-ONE AND RESIDENTIAL-ONE ON LAND LOCATED AT 4430 TABOR 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 Rodney W. Fisher and Diane L. Davison for approval of a rezoning, in Wheat Ridge, Colorado, Case. No. WZ-95-18 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the A-1 and R-3 district; and to include in the A-1 and R-1 the following described land: A parcel of land lying within the west one-half of Lots 13 and 14, lees Subdivision, described as follows: Beginning at the southwest corner of said Lot i3, thence N 00'27'32" W, 216.53 feet along the west line of said Lot 13 to the True Point of Beginning; thence N 00°27'32" W, 360.27 feet along the west line of said Lots 13 and 14 to the .northwest corner of that parcel of land as described in Reception No. 88045786, Jefferson County Records; thence N 89° 12'06" E, 312.78 feet along the north line of said Reception No. 88045786 to the west line of that parcel of land as described in Reception No. 92112784, Jefferson County Records; thence S 00°28'41" E, along said west fine 365.55 .feet; thence N 89°50' 12" W, 312.91 feet to the True .Point of Beginning, containing 2.6 acres, more or less. 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. 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 :.~ 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 b2 attained. - ~~ Ordinance No. 1013 Page 2 Case No. WZ-95-18/Fisher & Davison Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any persoh or circumstances -shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~_ to 0 on this _g.~ day of r_ a~~,-v _, 1996,. 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 February 1z 1996, 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 _L to ~, this 12ct~lay of Februarv 1996.. } SIGNED by the Mayor on this 13Th day of February ,~ ;1 l f, Wanda Sang, City Clerlt _, 1996. _ _ _, ~~ DAN WILDE, MAYOR APP OV D AS T FO~iM Y T ATTORNEY GERALD DAHL, CITY ATTO 1St Publication: January 18, 1996 2nd PUbIICatIOn: February 22, 1996 Wheat Ridge Sentinel Effective Date: .March &, 1996 c:\wp60\ord\W Z9518.ord ~_ - ,