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HomeMy WebLinkAboutWZ-99-04INTRODUCED BY COUNCIL MEMBER Eafanti Council Bill No. 5 Ordinance No. 1155 Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESIDENTIAL -ONE B TO AGRICULTURAL -ONE ON LAND LOCATED AT 4000 NELSON, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (WZ99 -04) BE IT ORDAINED BY THE CITY COUNCIL OF.THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by the City of Wheat Ridge, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ -99 -04 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 -18 zone district and to include in the A -1 zone district the following described land: The South 100 feet of the West 148.91 feet of the East 165.45 feet of the North 471.4 feet of the NW 1/4, SW 1/4 of Section 21, Township 3 South, Range 69 West of the 6' P.M. except the West 20 feet thereof deeded to the County of Jefferson in instrument recorded March 6, 1957, in Book 1048 at page 457, according to the recorded plat thereof, 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 and 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 is promulgated for the health, safety, and welfare of the public and that this ordinance is Ordinance No. Page 1 WZ -99 -04 necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This Ordinance shall take effect upon final passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _8 to o on this 15th day of March 1999, 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 April 12 , 1999, 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 8 to 0 this 12th day of Apr , 1999. SIGNED by the Mayor on this 12th day of April , 1999. CERVENY, MA ATTEST: Wanda Sang, City C Ordinance No. Page 2 WZ -99 -04 1st Publication: March 19, 1999 2nd Publication: April 16, 1999 Wheat Ridge Transcript Effective Date: April 12, 1999 c:\sub=\ccxrrsuuso.owwa9904.. pd Ordinance No. Page 3 WZ -99 -04 CITY COUNCIL MINUTES: April 12, 1999 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. A. Council Bill 6 - An Ordinance approving an Agreement and in connection therewith, approving disposal of 5894 square feet, more or less, of City owned land located at approximately 38' Avenue and Kline. B. Agreement with the Denning family for right -of -way access for the Recreation Center. Council Bill 6 was introduced on second reading by Mrs. Shaver; title and summary read by the Clerk; Ordinance No. 1154 assigned. Mr. Middaugh was sworn in by the Mayor and gave overview of the Item. Gary Wardle was sworn in by the Mayor and showed overhead of the Denning property and Recreation Center. Motion by Mrs. Shaver for approval of Council Bill 6 (Ordinance 1154); seconded by Mr. DiTullio; carried 7 -1 with Mrs. Dalbec voting no. Motion by Mrs. Shaver that the Mayor and City Attorney be authorized to enter into an agreement with the Denning family for right -of -way access for the Recreation Center in substantially the form presented subject to final review and approval by the City Attorney as to form and content; seconded by Mr. Siler; carried 7 -1 with Mrs. Dalbec voting no. Item 2. Council Bill 5 - An Ordinance providing for the approval of a rezoning from Residential -O gricultural -One on land located at 4000 Nelson, City of Wheat R' e, Cou Jefferson, State of Colorado. (Case o.. WZ- 99 -04) Council Bill 5 was introduced on second reading by Mr. Eafanti; title read by the Clerk; Ordinance No. 1155 assigned. Meredith Reckert was sworn in by the Mayor and presented the staff report. Motion by Mr. Eafanti that Council Bill 5 (Ordinance 1155) a City initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be approved for the following reasons: 1. The property was rezoned to R -1 B without the property owners consent. 2. It will be a substandard sized A -1 lot which can only be used for single family. With the seconded by Mrs. Shaver CITY COUNCIL MINUTES: April 12, 1999 Page - 3 - Motion by Mrs. Dalbec to strike the condition; seconded by Mr. DiTullio; carried 8 -0. Vote on original motion carried 8 -0. Item 3. Emergency Ordinance Council Bill 7 - An Ordinance adopting a temporary moratorium on new or expanded Adult Entertainment Facilities and sexually oriented businesses within the City and declaring an emergency. Council Bill 7 was introduced by Mr. DiTullio, who also read the title. Summary was read by the Clerk and Ordinance No. 1156 assigned. City Attorney Dahl presented the staff report. Motion by Mr. DiTullio for approval of Council Bill 7 (Ordinance 1156); seconded by Mr. Siler; carried 8 -0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Approval of agreement for engineering services for noise abatement at the Skateboard facility and a corresponding appropriation. Motion by Mrs. Worth that the City Manager be authorized to enter into a contract with the firm, Engineering Dynamics, for noise abatement analysis at the Skateboard Park at Anderson Park consistent with their proposal to the City of Wheat Ridge and that an amount not to exceed $5,000 be appropriated from the General Fund fund balance and transferred to Acct. No. 601 -750 to pay for the consulting services; seconded by Mr. Siler; carried 8 -0. Motion by Mrs. Dalbec that the Jaidinger property be looked at as discussed at the Study Session. Motion died for lack of second. AGENDA ITEM RECAP QUASI - JUDICIAL X Yes No X PUBLIC HEARINGS _ CITY ADM. MATTERS -ELEC. OFFICIALS MATTERS _ PROC. /CEREMONIES _ CITY ATTY. MATTERS — ORDINANCES FOR 1ST READING BIDS/MOTIONS _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WZ -99 -04 /City of Wheat Ridge SUMMARY/RECOMMENDATION: Approval to rezone from R -1B to A -1 property located at 4000 Nelson Street. ATTACHMENTS: 1) PC report dated 2 -18 -99 2) PC minutes dated 2 -18 -99 3) Mass Rezone Area Map 4) Ordinance BUDGETED _ ITEM: Yes Fund Dept /Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation Le Yes No SUGGESTED MOTION: "I move that Council Bill No. , a City- initiated rezoning of property at 4000 Nelson Street from Residential - One B to Agricultural -One, be APPROVED for the following reasons: 1. The property was rezoned to R -iB without the property owners' consent. 2. It will be a substandard sized A -1 lot which can only be used for single - family. With the following condition: 1. 4000 Nelson will be considered a substandard size A -1 lot which can only be used for single - family uses including all other uses which are allowed in single - family districts. C:\Rarb= \CCRPTS\wz99042nd.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: April 12, 1999 DATE PREPARED: Apyi15, 1999 CASE NO. & NAME: WZ -99 -04 /City CASE MANAGER LM.. Reckert ACTION REQUESTED: LOCATION OF REQUEST: Rezone property from R -1B to A -1 4000 Nelson Street NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: INN If :4_1%r /7RSK1JI City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Sheryl and Tyler Cox 4000 Nelson Street Wheat Ridge, CO 80033 13,000 square feet Residential -One B Single - Family Residence All sides: Residential -One B All sides: Single Family Single Family (up to nine units per acre) --------------------------------------------------- March 26, 1999 March 29, 1999 March 23, 1999 (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE O SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS Q 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. I. REQUEST This is a City- initiated zone change request for property located at 4000 Nelson Street. The property is 13,000 square feet in size and has a single - family residence and accessory buildings on it. II. CASE HISTORY This neighborhood was subject to a City - initiated mass rezoning earlier this year as Case No. WZ -98- 07. The zoning action was to rezone properties from R -3 and A -1 to R -113 and R -1C. As part of the negotiations with the property owners, the City allowed owners with A -I zoning the option of exempting their properties from the zone change. Of the six properties zoned A -1, two participated in the rezoning (4040 Oak and 4088 Oak), two responded by mail and did not want to rezone (10840 W. 41 Ave. and 4086 Oak). One never responded after repeated attempts by staff to contact; however, was exempted by City Council (4090 Nelson) at the public hearing. One (4000 Nelson) responded verbally, but not by mail, and was rezoned by City Council. The owners of 4000 Nelson Street wanted to retain their A -1 zoning. The City Council held the public hearing regarding Case No. WZ -98 -07 on December 22, 1998. It would have been possible for Council to reconsider their decision and amend the map to exclude this property if it had been done at the next regular Council meeting (January 11, 1999). However, the property owner did not contact City staff to discuss the problem until January 18, 1999. Because the reconsideration period was missed, the City Attorney directed staff to process this case as a regular rezoning. The property owners have authorized staff to act on their behalf. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was not held pursuant to Section 26- 6(C)(2)(a): "Prior to submitting any application for a change of zone of property to a higher use than is currently permitted that is an increase in residential density, intensity, impact, or character, the applicant shall be required to hold a neighborhood meeting." IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property was zoned A -1 when the City was incorporated. Ordinance No. 1145 rezoned the property to R -113. There is no mistake in the map. City Council /April 12, 1999 Page 2 WZ -99 -04 /City of Wheat Ridge 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. There are no obvious changes to the character of the neighborhood which is developed with small lot single family residences. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as Single - Family Detached (not to exceed 9 dwelling units per acre). Lot size of the property in question is 13,000. Since this would be non - conforming A -1 property, it can only be used for single - family. The A -1 zoning will not be inconsistent with the Comprehensive Plan. 4. 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. There will be no physical changes to the property which is developed as a single - family residence. There will be no adverse impacts as a result of the rezoning to A -1. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. There will be no obvious social, recreational, physical and /or economic benefits to the community as a result of the rezoning. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities are currently in place. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. There will be no physical changes to the property as a result of the rezoning. Because this will be a substandard sized A -1 lot, it can only be used for single - family. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property can be used as it currently is under the existing R -1B zoning. The property was overlooked and rezoned to R -1 B without consent of the property owner as part of the mass rezoning procedure in 1998. City Council /April 12, 1999 Page 3 WZ -99 -04 /City of Wheat Ridge 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There are three other A -I zoned properties in the vicinity. 10. 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. The rezoning will not fill a void in services, products or facilities. V. PLANNING COMMISSION ACTION A public hearing regarding this case was held by Planning Commission on February 18, 1999. A recommendation of Approval was given for the following reasons: The property was rezoned to R -1B without the property owners consent. With the following condition: 4000 Nelson will be considered a substandard size A -1 lot which can only be used for single - family uses including all other uses which are allowed in single - family districts. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the property was rezoned without the property owner's consent as part of the mass rezoning process. Because there will be no physical changes to the property and because it can only be utilized for single - family residential uses, a recommendation of approval is given. VII. RECOMMENDED MOTIONS Option A: "I move that Council Bill No. , a City - initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be APPROVED for the following reasons: 1. The property was rezoned to R -1B without the property owners' consent. 2. It will be a substandard sized A -1 lot which can only be used for single - family With the following condition: 4000 Nelson will be considered a substandard size A -1 lot which can only be used for single - family uses including all other uses which are allowed in single - family districts. City Coumil/April 12, 1999 Page 4 WZ -99 -04 /City of Wheat Ridge Option B: "I move that Council Bill No. S a City - initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be DENIED for the following reasons: 1. 2. 3." E:\Reckert \WZ99.04.wpd City Council/April 12, 1999 Page 5 WZ -99 -04 /City of Wheat Ridge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 18, 1999 DATE PREPARED: February 9, 1999 CASE NO. & NAME: WZ -99 -04 /City CASE MANAGER: �1VL Reckert ACTION REQUESTED: Rezone property from R -1B to A -1 LOCATION OF REQUEST: 4000 Nelson Street NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge 7500 W. 29`n Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Sheryl and Tyler Cox 4000 Nelson Street Wheat Ridge, CO 80033 APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN 13,000 square feet Residential -One B Single - Family Residence All sides: Residential -One B All sides: Single Family Single Family (up to nine units per acre) January 29, 1999 February 3, 1999 January 28, 1999 IM (X) ZONING ORDINANCE Q Q SUBDIVISION REGULATIONS (X) Q OTHER CASE FILE & PACKET MATERIALS SLIDES EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. AT TACHMENT 1 AA I. REQUEST This is a City- initiated zone change request for property located at 4000 Nelson Street. The property is 13,000 square feet in size and has a single - family residence and accessory buildings on it. H. CASE HISTORY This neighborhood was subject to a City- initiated mass rezoning earlier this year as Case No. WZ -98- 07. The zoning action was to rezone properties from R -3 and A -1 to R -1B and R -I C. As part of the negotiations with the property owners, the City allowed owners with A -1 zoning the option of exempting their properties from the zone change. Of the six properties zoned A -1, two participated in the rezoning (4040 Oak and 4088 Oak), two responded by mail and did not want to rezone (10840 W. 41" Ave. and 4086 Oak). One never responded after repeated attempts by staff to contact; however, was exempted by City Council (4090 Nelson) at the public hearing. One (4000 Nelson) responded verbally, but not by mail, and was rezoned by City Council. The owners of 4000 Nelson Street wanted to retain their A -1 zoning. The City Council held the public hearing regarding Case No. WZ -98 -07 on December 22, 1998. It would have been possible for Council to reconsider their decision and amend the map to exclude this property if it had been done at the next regular Council meeting (January 11, 1999). However, the property owner did not contact City staff to discuss the problem until January 18, 1999. Because the reconsideration period was missed, the City Attorney directed staff to process this case as a regular rezoning. The property owners have authorized staff to act on their behalf. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was not held pursuant to Section 26- 6(C)(2)(a): "Prior to submitting any application for a change of zone of property to a higher use than is currently permitted that is an increase in residential density, intensity, impact, or character, the applicant shall be required to hold a neighborhood meeting." IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property was zoned A -1 when the City was incorporated. Ordinance No. 1145 rezoned the property to RA B. There is no mistake in the map. Planning Commission Page 2 WZ -99 -04 /City of Wheat Ridge 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. There are no obvious changes to the character of the neighborhood which is developed with small lot single family residences. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as Single - Family Detached (not to exceed 9 dwelling units per acre). Lot size of the property in question is 13,000. Since this would be non - conforming A -1 property, it can only be used for single - family. The A -1 zoning will not be inconsistent with the Comprehensive Plan. 4. 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. There will be no physical changes to the property which is developed as a single - family residence. There will be no adverse impacts as a result of the rezoning to A -1. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. There will be no obvious social, recreational, physical and/or economic benefits to the community as a result of the rezoning. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities are currently in place. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. There will be no physical changes to the property as a result of the rezoning. Because this will be a substandard sized A -1 lot, it can only be used for single - family. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property can be used as it currently is under the existing R -1B zoning. The property was overlooked and rezoned to R -1B without consent of the property owner as part of the mass rezoning procedure in 1998. Planning Commission Page 3 WZ -99 -04 /City of Wheat Ridge 4 !3 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There are three other A -1 zoned properties in the vicinity. 10. 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. The rezoning will not fill a void in services, products or facilities. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the property was rezoned without the property owner's consent as part of the mass rezoning process. Because there will be no physical changes to the property and because it can only be utilized for single - family residential uses, a recommendation of approval is given. VI. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be recommended to the City Council for APPROVAL for the following reasons: 1. The property was rezoned to R -1B without the property owners' consent. 2. It will be a substandard sized A -1 lot which can only be used for single family." Option B: "I move that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be recommended to the City Council for DENIAL for the following reasons: 2. 3." EAR.c kc n\ W Z- 99 -04.,,pd Planning Commission Page 4 WZ -99 -04 /City of Wheat Ridge )I—T 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No. WZ- 99 -04: An application by the City of Wheat Ridge for approval of a rezoning from Residential 1 -B to Agricultural I for property located at 4000 Nelson Street. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert stated that there was jurisdiction for the Commission to hear the case and that staff's recommendation was for approval . In response to a question from Commissioner THOMPSON, Ms. Reckert stated that the property owners were not present and had authorized the City to act on their behalf. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. WZ- 99 -04, a City - initiated rezoning of property at 4000 Nelson Street from Residential 1 -B to Agricultural 1, be recommended to the City Council for approval for the following reason: The property was rezoned to Rl -B without the property owners' consent. Commissioner GOKEY offered the following amendment: That the application be approved on the condition it will be a substandard size A -1 lot which can only be used for single family uses and all other uses which are allowed in single family districts. The amendment was accepted by Commissioners THOMPSON and SNOW. In response to a question from Commissioner THOMPSON, Ms. Reckert replied that, to her knowledge, there were no uses other than those indicated in the motion on the property at this time. i The motion passed by a vote of 6 -0 with Commissioner SHOCKLEY absent. B. Case No. WPA- 99 -01: An application by the City of Wheat Ridge to adopt the revised Comprehensive Plan for the City. The Comprehensive Plan establishes the development goals and policies and the future land use map for the City and, once adopted, will be utilized in the review of any proposed development proposal/application or land use change brought before the City. Prior to staff presentation, Chair BRINKMAN stated that the hearing would pertain to districts three and four asked that public comment be limited to approximately three minutes per speaker. Ms. Reckert advised that she had maps available for members of the audience. She explained that in addition to the Comprehensive Plan Review Committee (CPRC) map, Planning Commission Page 2 02/18/99 ATTACHMENT 2 MASS Exhibit 'A ZONE 1A IA N n! 0 0 0 0 i 0 : 0 PI n; n: 8 • W 39TH PL - 1 0 10 E 1 3940 41ST AVE W 38TH AVE IIIA m e W 3900 i W 3 9TH AVE I 3974 a rni 3885 LU cc .4 IL 11003 10993 W 38TH PL 1 1004 ^ 1 0990 ZONE 1A IA N n! 0 0 0 0 i 0 : 0 PI n; n: 8 • W 39TH PL - 1 0 10 E 1 3940 3920 1� W 38TH AVE IIIA m e W 3900 i W 3 9TH AVE I P,TF,r, 9 of I 4090 1 : 4095 ! ]4095 Awl 4091 ---- --- 40E 4075 4061 40 4070 1 4075 — -, 4040 1 4045 — 4035 060 4021 40f 4020 4025 4025 40ig- 4000 4005 40� 40 5 4020 __11_] 40 P4 3922 392 3885 3880 -k882 -7 ! 7 772 T I I F72 38 ,3875 38 3862 1 38611 �3860 3840 3820 10595 2H T o o ,0450 1C 0 1 a W 38TH AVE IIIA m e W of I 4090 1 : 4095 ! ]4095 Awl 4091 ---- --- 40E 4075 4061 40 4070 1 4075 — -, 4040 1 4045 — 4035 060 4021 40f 4020 4025 4025 40ig- 4000 4005 40� 40 5 4020 __11_] 40 P4 3922 392 3885 3880 -k882 -7 ! 7 772 T I I F72 38 ,3875 38 3862 1 38611 �3860 3840 3820 10595 2H T o o ,0450 1C 0 1 a INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESIDENTIAL -ONE B TO AGRICULTURAL -ONE ON LAND LOCATED AT 4000 NELSON, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (WZ- 99 -04) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Upon application by the City of Wheat Ridge, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ -99 -04 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 -1B zone district and to include in the A -1 zone district the following described land: The South 100 feet of the West 148.91 feet of the East 165.45 feet of the North 471.4 feet of the NW 1/4, SW 1/4 of Section 21, Township 3 South, Range 69 West of the 6 P.M. except the West 20 feet thereof deeded to the County of Jefferson in instrument recorded March 6, 1957, in Book 1048 at page 457, according to the recorded plat thereof, County of Jefferson, State of Colorado. Section 2. Conditions of Approval. Approval of this rezoning shall be subject to the following condition: 1. 4000 Nelson will be considered a substandard size A -1 lot which can only be used for single - family uses including all other uses which are allowed in single - family districts. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Ordinance No. Page 1 WZ -99 -04 Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This Ordinance shall take effect upon final passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1999, 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 , 1999, 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 ' 1999. SIGNED by the Mayor on this day of , 1999. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\ Barbara \CCRPTS\RESO -ORD \u 9904.wpd Ordinance No. Page 2 WZ -99 -04 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 March 23, 1999 Dear Property Owner: This is to inform you that Case No. WZ -99 -04 a request for approval of a rezoning from Residential -One B to Agricultural -One for property located at 4000 Nelson Street will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on April 12,1999 at 7:00 p.m. This case was initiated by the City as an administrative correction to Case No. WZ- 98 -07. This property was to remain Agricultural -One. All owners and /or their representative of the parcel under consideration must be present at this hearing. 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 hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235 -2846. Thank you. Planning Division. C:\ Barbara \CCRPTS \PUBNOTIC \wz9904.wpd (303) 234 -5900 • ADMINISTRATION FAX: 234 -5924 POLICE DEPARTMENT FAX: 235 -2949 I bA a. 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Q Z O W z N = bA a. P, ro 7 N K i r+ U H 0 b rn N N P. 0 d z m 0 Q O a W G �i O m z U y m P. O P. A b 7 N �i N d a ' W O v z ro U F � b v T U w .1 N U a 0 v a z H d d E U N N Q — 'v d u v m a � O m d C Z � ml � m d K C 7 • - y a D R >I R' N Ot yy w = m _ :E N � o ao y U C 0 N o a c E 1 N N D a N m X U m N 10 U Q) Q m U_ 0 • l6 N O d c M c c U yv d m w g ai y m NQ _ D N-O Nth D W N N O w 3 a w cU m m d N r W N < a v o o m 0_ OD `m v O E I.- j U z' ° w Fn 2 p � � N LL a 0 Z } O W Z � 2 g Q O a W G �i O m z U y m P. O P. A b 7 N �i N d a ' W O v z ro U F � b v T U w .1 N U a 0 v a z H NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on March 15, 1999, 7:00 p.m. at 750,0 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- 99 -04: An application by the City of Wheat Ridge for approval of a rezoning from Residential -One B to Agricultural -One for property located at 4000 Nelson Street. Said property is legally described as follows: The South 100 feet of the West 148.91 feet of the East 165.45 feet of the North 471.4 feet of the NW 1/4, SW 1/4 of Section 21, Township 3 South, Range 69 West of the 6' P.M. except the West 20 feet thereof deeded to the County of Jefferson in.instrument recorded March 6, 1957, in Book 1048 at page 457, according to the recorded plat thereof, County of Jefferson, State of Colorado. 2. Case No. WZ- 96 -10: An application for approval of a combined preliminary and final development plan and plat for property located generally on the north side of 32 " Avenue between the west side of I -70 and the westerly city boundary, addressed as 3250 I -70 Service Road West. This case is processed in settlement of Jefferson County District Court Case #96CV2691- Richter vs. City of Wheat Ridge. Said property is legally described as follows: LOT 1 AND LOT 2,70 WEST BUSINESS CENTER SUBDIVISION FILING NO. 2, JEFFERSON COUNTY, COLORADO; AND COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 29; THENCE N89 °43'30 "E ALONG THE SOUTH LINE OF SAID NW 1/4 A DISTANCE OF 559.67 FEET; THENCE N00° 16'30 "W A DISTANCE OF 35.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 4 LYING ON THE NORTHERLY R.O.W. LINE OF WEST 32 AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE S89 0 43'30 "W ALONG THE SOUTH LINE OF SAID LOT 4 AND SAID NORTHERLY R.O.W. LINE A DISTANCE OF 95.18 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD BEARS N45 °31'51" W A DISTANCE OF 28.16 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 89 °29'18 ", A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 31.24 FEET TO A POINT OF TANGENT LYING ON THE WEST LINE OF SAID LOT 4 AND THE EASTERLY R.O.W. LINE OF ZINNIA COURT; THENCE N00 °4712" W ALONG SAID TANGENT AND SAID WEST LINE A DISTANCE OF 70.18 FEET TO THE NW CORNER OF SAID LOT 4; THENCE N89 °43'30" E ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 115.00 FEET TO THE NE CORNER OF SAID LOT 4; THENCE N00 °47'12" W ALONG THE WEST LINE OF LOT 7 AND THE EAST LINE OF LOT 5, 70 WEST BUSINESS CENTER A DISTANCE OF 668.73 FEET TO THE NE CORNER OF SAID LOT 5, SAID POINT LYING ON THE SOUTHERLY LINE OF SAID LOT 6; THENCE S89 °40'00" W ALONG THE SOUTHERLY LINE OF SAID LOT 6 A DISTANCE OF 303.88 FEET TO THE SW CORNER OF SAID LOT 6; THENCE N00° 10'00" W ALONG THE WEST LINE OF SAID LOT 6 A DISTANCE OF 204.60 FEET TO THE NW CORNER OF SAID LOT 6; THENCE N89'39'00" E ALONG THE NORTH LINE OF SAID LOT 6 AND LOT 7 A DISTANCE OF 390.89 FEET; THENCE S00 °30'00" E PARALLEL WITH AND 40.00 FEET EASTERLY OF THE EASTERLY LINE OF SAID LOT 6 A DISTANCE OF 293.51 FEET TO A POINT LYING NON- TANGENT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS S48 0 22'41" E A DISTANCE OF 76.98 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25 °24'36 ", A RADIUS OF 175.00 FEET, AN ARC LENGTH OF 77.61 FEET TO A POINT LYING NON - TANGENT ON A CURVE ON THE NORTHWESTERLY R.O.W. LINE OF INTERSTATE 70 SERVICE ROAD WEST AS DESCRIBED AT RECEPTION NO. F0520327 OF THE JEFFERSON COUNTY, COLORADO RECORDS; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS S42 °58'19" W A DISTANCE OF 17191 FEET AND ALONG SAID NORTHWESTERLY R.O.W. LINE, SAID CURVE HAVING A CENTRAL ANGLE OF 87 °31'02 ", A RADIUS OF 125.00 FEET, AN ARC LENGTH OF 190.93 FEET TO A POINT OF TANGENT LYING ON THE WESTERLY R.O.W. LINE OF SAID INTERSTATE 70 SERVICE ROAD WEST; THENCE ALONG SAID WESTERLY R.O.W. LINE THE FOLLOWING SIX (6) COURSES: I. THENCE S00 0 47'12" E ALONG SAID TANGENT A DISTANCE OF 279.47 FEET TO A POINT OF CURVE; 2. THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS S12 0 32'12" E A DISTANCE OF 50.91 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23 0 30'00 ", A RADIUS OF 125.00 FEET, AN ARC LENGTH OF 51.27 FEET TO A POINT OF TANGENT; 3. THENCE S24 E ALONG SAID TANGENT A DISTANCE OF 36.97 FEET TO A POINT OF CURVE; 4. THENCE ALONG A CURVE TO THE RIGHT WHOSE CHORD BEARS S12 0 32'12" E A DISTANCE OF 77.38 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23 0 30'00 ", A RADIUS OF 190.00 FEET, AN ARC LENGTH OF 77.93 FEET TO A POINT OF TANGENT; 5. THENCE S00 0 4712" E ALONG SAID TANGENT A DISTANCE OF 27.08 FEET; 6. THENCE S47 0 05'29" W A DISTANCE OF 31.99 FEET TO A POINT LYING ON SAID NORTHERLY R.O.W. LINE OF WEST 32 AVENUE. THENCE S89 0 43'30" W ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 42.14 FEET TO A POINT LYING ON THE EASTERLY LINE OF SAID LOT 4; THENCE S00 °47'12" E ALONG THE EASTERLY LINE OF SAID LOT 4 A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. TOTAL PARCEL CONTAINS (309,938 SQUARE FEET) 7.1152 ACRES, MORE OR LESS. Barbara Delgadillo, Res rding Secretary ATTEST: r Wanda Sang, City Clef To be Published: Wheat Ridge Transcript Date: February 26, 1999 C:\ Barbara\CCRPTSTUBNOTIC\990315.wpd CITY COUNCIL MINUTES:_ March - 15, - 1999 Page - 5 - Vote on main motion as amended carried 6 -2 with -Mrs:- Shaver and Mrs. Worth voting no. Mrs. Shaver read from the Code Book section Planned Developments; she wishes Mr. Richter would downsize the Retail development, she fears this will be like Applewood Shopping Center: Motion by Mr. Siler that Case No. WZ- 96 -10, a revised combined preliminary and final subdivision plat for vacant properties located within the West 70 Business Center, be approved for the following reasons: 1. It is consistent with the preliminary/final development plan. 2. All requirements of the subdivision regulations have been met. Seconded by Mr. DiTullio; carried 6 -2 with Mrs. Worth and Mrs. Shaver voting no. Motion by Mrs. Worth to instruct staff to work with CDOT in acquiring the right -of -way to continue the equestrian trail on down to the Wheat Ridge /Golden trail; seconded by Mrs. Dalbec; carried 8 -0. ORDINANCES ON FIRST READING Item 2. Council Bill 5 - An Ordinance providing for the approval of a rezoning from Residential -One B to Agricultural -One on land located at 4000 Nelson, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 99 -04) Council Bill 5 was introduced on first reading by Mr. Eafanti; title read by the Clerk. Motion by Mr. Eafanti that Council Bill 5 be approved on first reading, ordered published, public hearing beset for Monday, April 12, 1999 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. Shaver; carried 8 -0. DECISIONS RESOLUTIONS, AND MOTIONS Item 3. Discussion of Resolution approving a contract with the American Veterans Memorial Committee. Item 3 was introduced by Mr. DiTullio, who also read the title. AGENDA ITEM RECAP AGENDA ITEM March 15, 1999 QUASI- JUDICIAL X Yes No _ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC. /CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 1 ST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WZ -99 -04 /City of Wheat Ridge SUMMARY/RECOMMENDATION: Approval to rezone from R -1B to A -1 property located at 4000 Nelson Street. ATTACHMENTS: 1) PC report dated 2 -18 -99 2) PC minutes dated 2 -18 -99 3) Ordinance BUDGETED ITEM: Yes Fund Dept /Acct # Budgeted Amount Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill No. , be approved on first reading, ordered published, public hearing be set for Monday, April 12, 1999 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." C:\B.b.. \CCRPTS \wz99041 st.wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 18, 1999 DATE PREPARED: February 9, 1999 CASE NO. & NAME: WZ -99 -04 /City CASE MANAGER: M. Reckert ACTION REQUESTED: Rezone property from R -1B to A -1 LOCATION OF REQUEST: 4000 Nelson Street NAME & ADDRESS OF APPLICANT(S): City of Wheat Ridge 7500 W. 29" Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: LAND USE: COMPREHENSIVE PLAN FOR THE AREA DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: Sheryl and Tyler Cox 4000 Nelson Street Wheat Ridge, CO 80033 13,000 square feet Residential -One B Single - Family Residence All sides: Residential -One B All sides: Single Family Single Family (up to nine units per acre) --------------------------------------------------- January 29, 1999 February 3, 1999 January 28, 1999 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES O SUBDIVISION REGULATIONS (X) EXHIBITS O 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. I. REQUEST This is a City- initiated zone change request for property located at 4000 Nelson Street. The property is 13,000 square feet in size and has a single - family residence and accessory buildings on it. II. CASE HISTORY This neighborhood was subject to a City- initiated mass rezoning earlier this year as Case No. WZ -98- 07. The zoning action was to rezone properties from R -3 and A -1 to R -113 and R -1C. As part of the negotiations with the property owners, the City allowed owners with A -1 zoning the option of exempting their properties from the zone change. Of the six properties zoned A -1, two participated in the rezoning (4040 Oak and 4088 Oak), two responded by mail and did not want to rezone (10840 W. 41 Ave. and 4086 Oak). One never responded after repeated attempts by staff to contact; however, was exempted by City Council (4090 Nelson) at the public hearing. One (4000 Nelson) responded verbally, but not by mail, and was rezoned by City Council. The owners of 4000 Nelson Street wanted to retain their A -1 zoning. The City Council held the. public hearing regarding Case No. WZ -98 -07 on December 22, 1998. It would have been possible for Council to reconsider their decision and amend the map to exclude this property if it had been done at the next regular Council meeting (January 11, 1999). However, the property owner did not contact City staff to discuss the problem until January 18, 1999. Because the reconsideration period was missed, the City Attorney directed staff to process this case as a regular rezoning. The property owners have authorized staff to act on their behalf. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was not held pursuant to Section 26- 6(C)(2)(a): "Prior to submitting any application for a change of zone of property to a higher use than is currently permitted that is an increase in residential density, intensity, impact, or character, the applicant shall be required to hold a neighborhood meeting." IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property was zoned A -1 when the City was incorporated. Ordinance No. 1145 rezoned the property to R -1B. There is no mistake in the map: Planning Commission Page 2 WZ -99 -04 /City of Wheat Ridge 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. There are no obvious changes to the character of the neighborhood which is developed with small lot single family residences. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as Single- Family Detached (not to exceed 9 dwelling units per acre). Lot size of the property in question is 13,000. Since this would be non - conforming A -1 property, it can only be used for single - family. The A -1 zoning will not be inconsistent with the Comprehensive Plan. 4. 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. There will be no physical changes to the property which is developed as a single- family residence. There will be no adverse impacts as a result of the rezoning to A -1. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. There will be no obvious social, recreational, physical and /or economic benefits to the community as a result of the rezoning. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities are currently in place. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating draina problems, or seriously reducing light and air to adjacent properties. There will be no physical changes to the property as a result of the rezoning. Because this will be a substandard sized A -1 lot, it can only be used for single - family. S. That the property cannot reasonably be developed under the existing zoning conditions. The property can be used as it currently is under the existing R -1B zoning. The property was overlooked and rezoned to R -1B without consent of the property owner as part of the mass rezoning procedure in 1998. Planning Commission Page 3 WZ -99 -04 /City of Wheat Ridge 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There are three other A -1 zoned properties in the vicinity. 10. 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. The rezoning will not fill a void in services, products or facilities. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the property was rezoned without the property owner's consent as part of the mass rezoning process. Because there will be no physical changes to the property and because it can only be utilized for single - family residential uses, a recommendation of approval is given. VI. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be recommended to the City Council for APPROVAL for the following reasons: 1. The property was rezoned to R -1B without the property owners' consent. 2. It will be a substandard sized A -1 lot which can only be used for single family." Option B: "I move that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." E:Qieckert \WZ- 9M4.wpd Planning Commission Page 4 WZ -99 -04 /City of Wheat Ridge 6. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. WZ- 99 -04: An application by the City of Wheat Ridge for approval of a rezoning from Residential 1 -B to Agricultural I for property located at 4000 Nelson Street. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert stated that there was jurisdiction for the Commission to hear the case and that staffs recommendation was for approval . In response to a question from Commissioner THOMPSON, Ms. Reckert stated that the property owners were not present and had authorized the City to act on their behalf. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential 1 -B to Agricultural 1, be recommended to the City Council for approval for the following reason: The property was rezoned to RI -B without the property owners' consent. Commissioner GOKEY offered the following amendment: That the application be approved on the condition it will be a substandard size A -1 lot which can only be used for single family uses and all other uses which are allowed in single family districts. The amendment was accepted by Commissioners THOMPSON and SNOW. In response to a question from Commissioner THOMPSON, Ms. Reckert replied that, to her knowledge, there were no uses other than those indicated in the motion on the property at this time. The motion passed by a vote of 6 -0 with Commissioner SHOCKLEY absent. B. Case No. WPA- 99 -01: An application by the City of Wheat Ridge to adopt the revised Comprehensive Plan for the City. The Comprehensive Plan establishes the development goals and policies and the future land use map for the City and, once adopted, will be utilized in the review of any proposed development proposal /application or land use change brought before the City. Prior to staff presentation, Chair BRINKMAN stated that the hearing would pertain to districts three and four asked that public comment be limited to approximately three minutes per speaker. Ms. Reckert advised that she had maps available for members of the audience. She explained that in addition to the Comprehensive Plan Review Committee (CPRC) map, Planning Commission page 2 02/18/99 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESIDENTIAL -ONE B TO AGRICULTURAL -ONE ON LAND LOCATED AT 4000 NELSON, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (WZ- 99 -04) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by the City of Wheat Ridge, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ -99 -04 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- 1 B zone district and to include in the A -1 zone district the following described land: The South 100 feet of the West 148.91 feet of the East 165.45 feet of the North 471.4 feet of the NW 1/4, SW 1/4 of Section 21, Township 3 South, Range 69 West of the 6' P.M. except the West 20 feet thereof deeded to the County of Jefferson in instrument recorded March 6, 1957, in Book 1048 at page 457, according to the recorded plat thereof, County of Jefferson, State of Colorado. Section 2. Conditions of Approval. Approval of this rezoning shall be subject to the following condition. 4000 Nelson will be considered a substandard size A -1 lot which can only be used for single - family uses including all other uses which are allowed in single - family districts. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is Ordinance No. Page 1 WZ -99 -04 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 Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, suchjudgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 7. This Ordinance shall take effect upon final passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1999, 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 1999, 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 1999. SIGNED by the Mayor on this day of 1999. GRETCHEN CERVENY. MAYOR ATTEST: Wanda Sang, City Clerk Ordinance No. Pale 2 WZ -99 -04 APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\ Barbara \CCRPTS \RESO- ORD \wz9904.wpd Ordinance No. Page 3 WZ -99 -04 1 6. PUBLIC FORUM There was.no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. WZ- 99 -04: An application by the City of Wheat Ridge for approval of a rezoning — from Residential 1 -13 to Agricultural 1 for property located at 4000 Nelson Street. The case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert stated that there was jurisdiction for the Commission to hear the case and that staff's recommendation was for approval. In response to a question from Commissioner THOMPSON, Ms. Reckert stated that the property owners were not present and had authorized the City to act on their behalf. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential 1 -B to Agricultural 1, be recommended to the City Council for approval for the following reason: The property was rezoned to RI-B without the property owners' consent. Commissioner GOKEY offered the following amendment: That the application be approved on the condition it will be a substandard size A -1 lot which can only be used for single family uses and all other uses which are allowed in single family districts. The amendment was accepted by Commissioners THOMPSON and SNOW. In response to a question from Commissioner THOMPSON, Ms. Reckert replied that, to her knowledge, there were no uses other than those indicated in the motion on the property at this time. The motion passed by a vote of 6 -0 with Commissioner SHOCKLEY absent. B. Case No. WPA- 99 -01: An application by the City of Wheat Ridge to adopt the revised Comprehensive Plan for the City. The Comprehensive Plan establishes the development goals and policies and the future land use map for the City and, once adopted, will be utilized in the review of any proposed development proposal /application or land use change brought before the City. Prior to staff presentation, Chair BRINKMAN stated that the hearing would pertain to districts three and four asked that public comment be limited to approximately three minutes per speaker. Ms. Reckert advised that she had maps available for members of the audience. She explained that in addition to the Comprehensive Plan Review Committee (CPRC) map, Planning Commission Page 2 02/18/99 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 18, 1999 CASE NO. & NAME: WZ -99 -04 /City DATE PREPARED: February 9, 1999 CASE MANAGER:Reckert ACTION REQUESTED: Rezone property from R -1B to A -1 LOCATION OF REQUEST: 4000 Nelson Street NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): City of Wheat Ridge 7500 W. 29 " Avenue Wheat Ridge, CO 80033 Sheryl and Tyler Cox 4000 Nelson Street Wheat Ridge, CO 80033 APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (A) COMPREHENSIVE PLAN (X) ZONING ORDINANCE 0 SUBDIVISION REGULATIONS OTHER 13,000 square feet Residential -One B Single - Family Residence All sides: Residential -One B All sides: Single Family Single Family (up to nine units per acre) ---------------------------------------------------- January 29, 1999 February 3, 1999 January 28, 1999 (X) CASE FILE & PACKET MATERIALS Q SLIDES (X) EXHIBITS 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. M I. REQUEST This is a City- initiated zone change request for property located at 4000 Nelson Street. The property is 13,000 square feet in size and has a single - family residence and accessory buildings on it. II. CASE HISTORY This neighborhood was subject to a City- initiated mass rezoning earlier this year as Case No. WZ -98- 07. The zoning action was to rezone properties from R -3 and A -1 to R -113 and R -1C. As part of the negotiations with the property owners, the City allowed owners with A -1 zoning the option of exempting their properties from the zone change. Of the six properties zoned A -1, two participated in the rezoning (4040 Oak and 4088 Oak), two responded by mail and did not want to rezone (10840 W. 41' Ave. and 4086 Oak). One never responded after repeated attempts by staff to contact; however, was exempted by City Council (4090 Nelson) at the public hearing. One (4000 Nelson) responded verbally, but not by mail, and was rezoned by City Council. The owners of 4000 Nelson Street wanted to retain their A -1 zoning. The City Council held the public hearing regarding Case No. WZ -98 -07 on December 22, 1998. It would have been possible for Council to reconsider their decision and amend the map to exclude this property if it had been done at the next regular Council meeting (January 11, 1999). However, the property owner did not contact City staff to discuss the problem until January 18, 1999. Because the reconsideration period was missed, the City Attorney directed staff to process this case as a regular rezoning. The property owners have authorized staff to act on their behalf. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was not held pursuant to Section 26- 6(C)(2)(a): "Prior to submitting any application for a change of zone of property to a higher use than is currently permitted that is an increase in residential density, intensity, impact, or character, the applicant shall be required to hold a neighborhood meeting." IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. The property was zoned A -1 when the City was incorporated. Ordinance No. 1145 rezoned the property to R -113. There is no mistake in the map. Planning Commission WZ -99 -04 /City of Wheat Ridge Page 2 ME 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. There are no obvious changes to the character of the neighborhood which is developed with small lot single family residences. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as Single - Family Detached (not to exceed 9 dwelling units per acre). Lot size of the property in question is 13,000. Since this would be non - conforming A -1 property, it can only be used for single - family. The A -1 zoning will not be inconsistent with the Comprehensive Plan. 4. 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. There will be no physical changes to the property which is developed as a single - family residence. There will be no adverse impacts as a result of the rezoning to A -1. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There will be no obvious social, recreational, physical and /or economic benefits to the community as a result of the rezoning. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All utilities are currently in place. 7. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. There will be no physical changes to the property as a result of the rezoning. Because this will be a substandard sized A -1 lot, it can only be used for single - family. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property can be used as it currently is under the existing R -1B zoning. The property, was overlooked and rezoned to R -1B without consent of the property owner as part of the mass rezoning procedure in 1998. Planning Commission Page 3 WZ -99 -04 /City of Wheat Ridge 4-,5 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. There are three other A -1 zoned properties in the vicinity. 10. 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. The rezoning will not fill a void in services, products or facilities. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the property was rezoned without the property owner's consent as part of the mass rezoning process. Because there will be no physical changes to the property and because it can only be utilized for single - family residential uses, a recommendation of approval is given. VI. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 99 -04, a City - initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be recommended to the City Council for APPROVAL for the following reasons: 1. The property was rezoned to R -1B without the property owners' consent. 2. It will be a substandard sized A -1 lot which can only be used for single family." Option B: "I move that Case No. WZ- 99 -04, a City- initiated rezoning of property at 4000 Nelson Street from Residential -One B to Agricultural -One, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." E: \Reckert \WZ.99 -04mpd Planning Commission WZ -99 -04 /City of Wheat Ridge Page 4 14�tl �E NHE LAND USE CASE PROCESSING APPLICATION �E WHEgT a � a Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 'otc�acc Phone(303)235 -2S46 'o:oaao (Please print or type all information) Applicant City of Wheat Ridge Address 750.0 TAT, 29th Avenue Phone 303-235-2848 City Wheat Ridge, CO 8080215 Owner Sheryl & Tyler .Cox Address 4000. Nelson Street Phone 303 - 94097384 City TJhp r Ridge, CO 8n2l S Location of request (address) 4000 Nelson Street • Wheat Ridge, CO Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑x Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: Property was included in mass rezoning and rezoned to R -1B. Owner wants to maintain A -1 zoning. Puruant to City Attorney, aCity— initiated, indi— vidual rezoning is required. Fill out the following information to the best of your knowledge. Current Zoning: R`1B per mass rezoning, Size of Lot (acres or square footage): Current use: le family residence Proposed use: gingle family residence Assessors Parcel Number: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above,' without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of -atto �u/'�/ from th�ownerr w h proved of this action on his behalf. ?7LV Signature of Applican Subscribed and sworn to me thisac�h day ofb -, 1998- Notary ublic My commission expires Date received Receipt No. Case No. Related Case No. Zoning Quarter Section Map '� T �4-D i 5 4 WARRANTY DEED (1, 'rills ur:r:D. �o „L Ihl. 23rd any of NOVL't•V3ER Ia 92 / J & G PROPERTIES, A COLORADO GENERAL PARTNERSHIP of the •('mtmo of JEFFERSON and State of Cnlnmdo. m1nn, I. and TYLER J. COX AND SHERYL E. McNEIIJ. RECEPTION NO. 9 2153402 11/30/92 14:00 13.99: RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO RECORDER'S STAMP j r1 h,�.e leR:d adore., i, 4000 NE SON SITZ WHEATRIDGE, COLORADO 80033 of the ('uuntr ,d JEITBRSON and titan of Cohnado, yramcr.: WI 'I'NIitiS. that the Fr:uuon,I. ILr and in con,ideratian of Thu 1111 of %^\'C$$9, 900. EIGHTY NINE NINE THOUSAND NINE HUNDRED DOLLARS AND NO/ 100 ---------------------- DOLLARS. the receipt and wfliciencp of which i, h,whr a,kmm Icdged. ha V grained, halp3mCd. ,old :Intl CooreVcd. and br these PrnenlS Jo grant. hargain.,ell.mnnrrand can Jinn unmthe gra ntee their hca u„ipn, forcer, not in tcnancr in common but in joint Ienanay. all the mat pmPCrn Together with ilnpmrcnrcnl,..I an). ,aaaw. lying and Kling in the Qnmg al' JEFFERSON and Slaw of ('olorudo, & l n, Iolk,, THE SOUrH 100 1-= OF THE IJEST 148.91 FELT OF THE PAST 165.45 FEET OF THE NORTH 471.4 FECT OF TIM NW1 /4, SW 1/4 OF SECTION 21, T01•NSHIP 3 SOUI7H, RANGE 69 WEST OF THE 6th P.M. EXCEPT THE WEST 20 I''EET THEREOF DEEDED TO THE COUNTY OF JEFFERSON IN INSTRLAIlNT RECORDED MARCH 6, 1957 IN BOOK 1048 AT PAGE 457, ACCORDING TO THE RECORDED PLAT THEREOF, N l i COUNTY OF JEFFERSON, a m;l STATE OF COLORAO. also known by ,tact and nnmher 4000 NELSON STREET 1111EATRIDGE, COLORADO 80033 0 , yy.,: 'IY 1(11CI'lllili ,6111 all and ,ingul:u the he rcdil:vue ale Lind :q thereumo helnnpine. ur in am wi,e appertaining. the Q Z rtrcninn and re am..”, ncmainder mnntindcl>, real,, i+,wv .lad prolin thcnor. and all the emate. right. title, inteNsl, claim and de,awal ahanoca•r „I'the pr; wnNl. either in I:nr or gpin'. sal: in and In the ihorc hargalned premix•,, ,rich the heredhamctns and �f appunen.atuc,. lD I [A% I[ AND TO 1101.1) the ,aid pre mine, ahoce bargained an,] de,crihed. with the appun,aance,. unm the gr:nueo. their heirs and nroign ISrercr. And the granlnrto. ho,die It elves theinlcin as i pcnUnal n•pn• do cmwmtnt. 'i grant. bargain and agree to and with the ern we,. their hcin and assign,, than :a the time of the cnnnline and deliver, of these prtsenls well sciacJ of the premises ahnre canahnl, hn V0 panA, sure, perfect, ah,olwand indefeasible estate ofinhcdtao", in law. in fag simple. and ha Ve good right, fall pIacrand Earful aulhorily to grant, hargain.%ell and cnnacy the same in manner and limn afole,aid. aul that the Same are nec and clear fmnl all former and other grants, bargains, yaks. liens, taxes, ns.....o nn, encunthrnnecs tool resincliona of s kind or nature soeer, except GENERAL TAXES FOR THE YEAR 1992 AND ALL SUBSEQUENT YEARS EXCEPT FOR EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RICHrS OF WAY OF RECORD, IF ANY. fhe pr:unorbl ,hall and will \\'ARRAN "I "AND MR EVER DIiH:ND the aho,e- bargained poenises in the Inict and peaceable possession In the gruncc,. Ihcir hcin and assigns, again,) all and crony person or persons la , fully clainong the whole or any parr Ihercul: IN I%ITN l!S.S N'I IHR Wl� lha ,anwr I ha esecnwd thi, decd on the date of forth aln J & G.PROPERTTES, A COLORADO - tirV L 01' COIf1RA00 or JIiP[•IiRSON ° ''A Bove, {ilY�.jn,vmlrnf w.n ad n,ncicdpnl hclbm Inc thiz 23rd lac Uf NOVESIlSER 10 92 hr / ---------- -- \h m'f , c„ sat , 19 . \\'inn, Im hand Ind official ,,..J. 'II ill Drllol. Ile. rl /j N'n. 921. Re0.86. o%RR%NrI Oren w, L,llll anllma /1 `/ f • IlmJlord PnMizM1inp, 1) J14Vaea SL, HCn, <r. CO NU :U$- 11fr11 1291 MA5'5 R5-ZONE Exhblf I A' 0 Ol a a at CIO n 01 M�n of a 5 0 4090 409 ni 0! c . om A-1 409 11 0 0 of c 0! o f 4080 4095 -- ----- 408 4070 W 41 AVE m 4060 407 4061 4Q75 — 0 5 407 a! no PET 4040 4045 — ; 0 0 a Aml i 40E 0 W w I o 0. 4040 _�_- 4UOO 4060 4021 - 4020 ]___�025 0 4000 4005 405 O i M g 0 2; 4020 1 W, M 0 4020 4015 0: 0 1 0 0 404 — -.:-, 3992 3991 Ln 403 . l' W39 4005 Wi 1- 3974 TH PL 3972 3971 409, 4or 49 4021 040 0 11 ol 0, a 0 0 M . m ml 2 w 3945 F 1 3952 �f 3951 m a 3995 3952 3955 c - z 8 3920 3925 z 0 3922 3925 a 3922 3921 4 900_ 3925 3902 3905 1 of m 1 3901 3902 W M i w I w 3900 3905 z ------- -- m 0, C 0 3 9015 ,3885 3890 3895 IN 39TH AVE 5 91 --- 01 01 CIO a 8 1 O a' R w I ol M; �J, n, 0 M m w m w 3885 112 881 3880 1 3585 3880 w w 3872 .. 1 3871 3870 3875 3875 3870 1 3862 1 3861 3 3865 x NI ml m 11 Oi 0 10993 o� o o olo 3865 10695110605 10595!10505 104751 IN 38TH P L 10425 11004 10990 W 38TH 01 0 1 0 0• Oi 0 0 a 10550, 0. 0 0 of 0 0 iO 3840 t,l 3820 mi t ml m 0 0 - �?i 2i 105951 W 38TH AVE I 0) Ol F --- 1 --- 0 Oi �i . 0 M o nI at 0 a - 14- 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 January 27, 1999 Dear Property Owner: � A= This is to inform you that Case No. WZ -99 -04 a request for approval of a rezoning from Residential -One B to Agricultural -One for property located at 4000 Nelson Street will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on February 18, 1999 at 7:30 p.m. This case was initiated by the City as an administrative correction to Case No. WZ- 98 -07. This property was to remain Agricultural -One. All owners and/or their representative of the parcel under consideration must be present at this hearing. 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 hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235 -2846. Thank you. Planning Division. C:\ Barbara\ PCRPTS \PLANGCOM\PUBHRG \wz9904.wpd (303) 234 -5900 • ADMINISTRATION FAX: 234 -5924 POLICE DEPARTMENT FAX: 235 -2949 0�4 Q O S3. 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W oA d 0 v z N a O o. b CC U d a O N 'S � U FO b N U7 T d rl N U 0 H z 0 F R Q N O W cu a 0 z d y ❑ m N W 0 W �i N N_ a W O v z„ � U W HO b T P d h N U m 0. 0 m z H P �l d 'O C y a �v 'm o a � c m `d c � _ ? dl a a' c 7 a � it ol d o � o N � m E o dw u L d R ¢a c E d o 20— d o O Q m° 5 3 u L O _ N d C d M � Ql d N N 0 c U a+ d o d N d d D7 N_ - O C • - O d _ m d m d M N "6 ds y W > u w N Q Q C C d N N N O w E m ❑ ❑ ❑ ® ❑ ❑ z d N u LLI N Q m O a m co a TWO d E ° z Q U Q lLl ZO x�o LL � N LL a z 0 !g < z z c ~ N x U i- R Q N O W cu a 0 z d y ❑ m N W 0 W �i N N_ a W O v z„ � U W HO b T P d h N U m 0. 0 m z H / b 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 February 18, 1999, 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- 99 -04: An application by the City of Wheat Ridge for approval of a rezoning from Residential -One B to Agricultural -One for property located at 4000 Nelson Street. Said property is legally described as follows: The South 100 feet of the West 148.91 feet of the East 165.45 feet of the North 471.4 feet of the NW 1/4, SW 1/4 of Section 21, Township 3 South, Range 69 West of the 6' P.M. except the West 20 feet thereof deeded to the County of Jefferson in instrument recorded March 6, 1957, in Book 1048 at page 457, according to the recorded plat thereof, County of Jefferson, State of Colorado. 2. Case No. WPA- 99 -01: An application by the City of Wheat Ridge to adopt the revised Comprehensive Pan for the City. The Comprehensive Plan establishes the development goals and policies and the future land use map for the City and once adopted, will be utilized in the review of any proposed development proposal/application or land use change brought before the City. z4t� �044 lgfr�xz - Barbara Delgadillo, Re ording Secretary ATTEST: Wanda Sang, City Cle To be Published: Wheat Ridge Transcript Date: January 29, 1999 C:\ Barbara\ PCRnS \PLANGCOM\PUBHRG \990218.wpd Id :4 9 ■ - od L a� %r'd `�JUIa1V.lHa ^, dU J.11'J FSGG ZEt EO£ `LVaj_ 66 /ZL /V :Panzaoaa nor SUBJECT PROPERT INFORMATION 1) Property: 4000 NELSON ST, WHEAT RIDGE CO 80033 -4045 CO21 APN: 69- 03 -21- 000000- SE146- 0489 -23 County: JEFFERSON, CO Tax Rate Area: 3141 Census: 105.03 Prop Tax: $1,095.66 RTSQ: 39 -21 Exemptions: Map Loc: 15 -L Subdiv: ACREAGE Owner: COX TYLER J (0a K .16116ALS&I.L SHERYL E Mail: 4000 NELSON ST; WHEAT RIDGE CO 80033 -4045 CO21 Use: SFR Total Value: $122,890 Land Value: $27,690 Impry Value: $95,200 Assd Yr: 1997 % Improve: 77% Phone: 3031940 -7387 SALES INFORMATION Bldg /Liv Area: LAST SALE PRIOR SALE Transfer Date: 04/15193 06/10192 Sale Price/Type: $89,900 FULL $40,851 Document #: 50358 92072736 Document Type: WARRANTY DEED Yrblt/Eff: 1st TD/Type: $89,800 FHA Total Rms: Finance: Bedrms: Junior TD's: Baths(F /H): Lender: Fireplace: Seller: J & G PROPERTIES Pool: Title Company: Bsmt Area: Transfer Info: Construct: SITE INFORMATION Improve Type: Lot Size: A0.29 Zoning: Lot Area: 12,632 Site Influence: Parking: BASEMENT County Use: 1112 Park Spaces: 1200 Flood Panel: Bldg Class: Phys Chars: Legal: IMPROVEMENTS Bldg /Liv Area: 1,668 # Units: # Bldgs: # Stories: 1112 $ /SF: Yrblt/Eff: 1883 1983 Total Rms: Bedrms: 3 Baths(F /H): 2 Fireplace: Pool: Bsmt Area: Construct: WOOD Flooring: Air Cond: Heat Type: HOT WATER Quality: Condition: Style: Other Rooms: Comments: PROPERTY CLASS:IMPROVED RESID LAND; BLD TYPE:SINGLE UNIT DWELLING; STYLEA & 112 STORY Copyright © 1996 -98 Experian Page: 1 of 1 1 -19 -99 Mere: Sheryl Cox called (4000 Nelson). She received the notice of the mass rezoning being approved along with the final map. She is concerned that the new map showed her property as R -113 and she wanted it to remain A -1. She asked that you call her to let her know if the map will be corrected - and when? #303/238 -7161 (until 5:00 p.m. today) #303/940 -7387 (tomorrow 1 -20) L/000 Q efSon MASS REZONING INQUIRIES (WZ- 98 -07) i DATE: N . 2ITYPE_OF RESPONSE: - ,y Phone Letter Office Visit NATURE OF CONCERN: =F °yam `EPLY: 't E YL( C� r .�, N i GJ NicJ /yv( -FCC jT l,K`•�_I /— ���un. C,�v� iv+.cs1P (.�b��e�2 OVERALL RESPONSE: Agree with the rezoning - Disagree with the rezoning Would like additional information Unsure z; C: \Barhara\FORNIS4nassrezoniny cmninents.wpd