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HomeMy WebLinkAboutWZ-99-07INTRODUCED BY COUNCIL MEMBER Donnelly Council Bill No. 19 Ordinance No. 1167 Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESTRICTED COMMERCIAL TO RESIDENTIAL-THREE AND RESTRICTED COMMERCIAL ON LAND LOCATED AT 6690 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (WZ-99-07) 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-99-07 and based on recommendation for approval with conditions from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the RC zone district and to include in the R-3 zone district the following described land: Lot 9, Block 1, except the East 200 feet thereof, Thomas Subdivision, located in the Northwest quarter of Section 25, Township 3 South, Range 69, West of the 61 Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado The R-3 zoning shall encompass the southern 90.38' of the above dedicated parcel. Section 2. Conditions: No more than three dwelling units may be constructed on the R-3 parcel. 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-99-07 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 28thday of July , 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 August 23 , 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 A to 0 , this ?'IrQ day of August , 1999. I st Publication: August 6, 1999 2nd Publication: August 27, 1999 Wheat Ridge Transcript Effective Date: August 23, 1999 C:\Barb=\CCRFrS\RESO-ORD\wz9907.wpd Ordinance No. Page 2 WZ-99-07 SIGNED by the Mayor on this 24th day of August 1999 CITY COUNCIL MINUTES: August 23, 1999 _ Page-6- Motion by Mr. DiTullio that Council Bill 28 (Ordinance 1166), revising Section 15-23 of the Wheat Ridge Code of Laws pertaining to Nuisance Regulations, be approved for the following reasons: 1. Large animal complaints are typically related to the nuisance affects of the keeping of animals. 2. The current nuisance ordinance does not allow for effective testimony in court proceedings; seconded by Mrs. Worth. Motion by Mrs. Worth for an amendment after the word "of"in Section 1 (e), 6th line add, "and all efforts of Ordinance 1165 have been exhausted as testified to in writing by the Animal Welfare and Control Commission and signed by the Chairperson of that Commission."; seconded by Mr. Mancinelli; carried 8-0. Motion by Mrs. Shaver for an amendment to Section 1(e), last two lines delete the word "may" add the words "must testify in order to" continue the rest of the sentence to the word "witness", delete the remainder of the sentence; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Worth for an amendment to Section 1(e) fourth line, to strike the word "neighboring'; seconded by Mrs. Shaver; failed 5-3 with Councilmembers Dalbec, Shaver and Worth voting yes. Motion by Mr. DiTullio for an amendment to Section 1(e) to say "witnesses from separate households neighboring within 100 feet or adjacent to the subject property"; seconded by Mrs. Dalbec; failed 5-3 with Councilmembers Dalbec, Shaver, and Worth voting yes. Original Motion as amended carried 7-1 with Mrs. Worth voting no. Item 3. Council Bill 19 - An Ordinance providing for the approval of a rezoning from restricted commercial to residential-three and restricted commercial on land located at 6690 W. 38th Ave., City of Wheat Ridge, County of Jefferson, State of Council Bill 19 was introduced on second reading by Mr. Donnelly; title and summary read by the Clerk; Ordinance No. 1167 assigned. Mr. Leo Davis, 700 Elm Circle, the applicant, was sworn in by the Mayor. Mr. Davis gave a report to Council on the status and plans with the property. Sean McCartney was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES: August 23, 1999 Page-7- Motion by Mr. Donnelly that Council Bill 19 (Ordinance 1167) be approved for the following reasons: 1. Approval of the request would allow for an additional buffer from the commercial uses along West 38th Avenue for the residences along West 37th Place. 2. Construction of a residential structure would be more consistent with the existing land uses on West 37th Place. 3. The evaluation criteria supports approval; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Worth to move Item 9. up to hear now because there are people present to speak; seconded by Mrs. Dalbec; carried 8-0. Item 9. Council Bill 26 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8(b), concerning Charter Section 5.7: Executive Sessions. Council Bill 26 was introduced on second reading by Mr. DiTullio, who also read the title and summary; Clerk assigned Ordinance No. 1173. Mr. Dahl explained the proposed changes to the Charter. Nancy Snow, 11155 W. 40th Avenue, was sworn in by the Mayor. She is concerned about secret discussions regarding the merits of purchasing or selling real property; objects to (D), this is entirely too broad; leave the wording that we have now in those two sections. Motion by Mr. DiTullio for the approval of Council Bill 26 (Ordinance 1173); 1 further move that Section (1) (D) be deleted; seconded by Mr. Siler. Motion by Mrs. Dalbec that changes to Section (3) Real Estate be deleted; seconded by Mrs. Worth; carried 7-1 with Mr. Mancinelli voting no. Motion by Mrs. Shaver to add under Section (2) Personnel Matters right before the new bold wording "City employees may request such a session"; seconded by Mrs. Worth. Mrs. Shaver amended her amendment to read "Personnel matters concerning individual city employees may be considered in an executive session. An Individual city employee may request such a session"; seconded by Mrs. Dalbec; carried 8-0. Subsection (2) will now read: Personnel Matters. Strike the first sentence. Second sentence: Personnel matters concerning individual city employees may be considered in an executive session. Individual city employees may request such a session. Notwithstanding Charter section 3.4, the City Manager shall not attend an executive session concerning his/her own performance unless the Council so directs. Strike remainder of paragraph. Carried 8-0. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: August 23, 1999 DATE PREPARED: August 10, 1999 CASE NO. & NAME: WZ-99-07 / Davis CASE MANAGER: Sean McCartney ACTION REQUESTED: Approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three. LOCATION OF REQUEST: 6690 West 38' Avenue NAME & ADDRESS OF APPLICANT(S): Leo and Lynda Davis 6690 West 38' Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) SUBDIVISION REGULATIONS ( ) OTHER Leo and Lynda Davis 700 Elm Circle Golden, CO 80401 34,690.7 square feet Restricted Commercial Commercial Retail / Vacant N: Commercial-One, S: Residential-One C, E: and W: Restricted-Commercial N:, W: and E: Commercial, and S: Residential Commercial Activity Center and Low Density Res. June 11, 1999 June 17, 1999 June 8, 1999 (X) CASE FILE & PACKET MATERIALS ( ) SLIDES (X) 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. I. REQUEST The applicant is requesting approval of a rezone from Restricted-Commercial to Restricted Commercial and Residential-Three to allow for the eventual creation of a freestanding parcel on the south half of the property (Case No. MS-99-02) and the construction of a three-unit residential structure. If approved, the existing retail flower shop will remain on West 38' Avenue. This case was previously heard before Planning Commission on Thursday, July 1, 1999, and the minor- subdivision portion of this request is yet to be decided. Planning Commission continued the minor subdivision action until a final drainage plan is completed and upon final decision of the rezoning request by City Council. However, Planning Commission did recommend that the rezoning portion of this request be forwarded to City Council with recommendation of approval. II. CASE ANALYSIS The property is currently zoned Restricted-Commercial, as is most of the immediate neighborhood including several multi-family buildings. The properties located on the south side of West 37' Place are zoned Residential-Three and Residential-One C. The property is considered a through lot, with right-of-way frontage on both West 38`h Avenue and West 37 1h Place. There currently is a retail flower shop located on the north of the property, that utilizes west 38`h Avenue for access. Located to the west and east of the existing flower shop are neighborhood oriented commercial land uses. To the south, the neighborhood primarily consists of medium to high density residential dwelling units. During Staff s initial meetings with the applicant, it was concluded that he rezone the rear half of the property to Residential-Three, so as to remain in compliance with the proposed land use and remain compatible with the existing Residential-Three zone district located within the neighborhood. Although multi-family dwellings are allowed in the Restricted-Commercial zone district (as a secondary use; a minimum of 5,000 square foot of land area required for each unit), Staff believes that the existing Restricted-Commercial zoning is incompatible with the surrounding residential neighborhood to the south. Also, if the property were to remain Restricted-Commercial, there is a potential that a neighborhood commercial land use could be developed that would encroach within the predominantly residential neighborhood along West 37' Place. According to the Wheat Ridge Code of Laws, the only zone districts which permit multi-family housing would be the Residential-Two A (R-2A), Residential-Three (R-3), Residential-Three A (R-3A) and Commercial zone districts. In the R-2A zone district, a minimum of 4,350 square feet of land area is required per unit (or 10 units per acre); in the R-3 zone district, a minimum of 3,630 square feet of land area is required per unit (or 12 units per acre); and in the R-3A zone district, a minimum of 3,960 square feet of land area is required per unit (or 11 units per acre). City Council Page 2 WZ-99-07/Davis Therefore, a rezoning to either R-2A or R-3A, instead of R-3, would not be any lesser an impact on the neighborhood than the current request, although there is no other R-2A or R-3A zoning in the vicinity. III. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting at the City of Wheat Ridge on April 20, 1999. In attendance were: Leo Davis - applicant Sean McCartney - Planner Linda and Ralph Mauro - 6741 West 36" Place Elliot Harris - 281 S. Zinnia Way The individuals at the meeting were in support of the proposed zoning and use. The owner of the apartment building to the west, Elliot Harris, was glad to see that something was going to be done with the property. IV. AGENCY REFERRALS All outside service agencies can serve the property with improvements paid for at the developer's expense. Public Works Department requires a final drainage report based upon the City's drainage criteria. (See attached.) All of the other public agencies stated that the minor subdivision would not impact any of the existing services. V. COMPREHENSIVE PLAN The existing Comprehensive Plan designates this area as Commercial Activity Center and Low Density Residential. The intended scope of these districts are general commercial uses and single-family residential. The proposed Comprehensive Plan designates this area as Neighborhood Serving Speciality Retail on the North and Transitional Residential on the South.. VI. 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 Restricted Commercial zoning on the property was in place when the City of Wheat Ridge incorporated. There is no mistake on the City zoning maps. City Council Page 3 WZ-99-07/Davis 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. Although the majority of the neighborhood (along West 37' Place) is zoned Restricted Commercial and Residential-Three, most of the existing land uses are multi-family structures. Therefore, approval of this rezoning would allow for a continuation of existing land uses. 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 the area as Commercial Activity Center and Low Density Residential. This use is intended to allow for small scale retail and professional services located along collector streets. Even though the proposed rezoning does not comply with the Comprehensive Plan, the request is considered a "down-zoning" and would result in more of a transitional use or "buffer" for the existing residential dwellings along West 37' Place. 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. Approval of this request would allow for a continued compatibility with the surrounding area. The retail floral shop will remain within the Restricted-Commercial zone district and would continue it's commercial use within the predominantly commercial neighborhood along West 38`h Avenue. The three-unit residential structure would continue the multi-family residential land use which is prevalent along West 37' Place, and allow for an additional buffer for the existing residential homes. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be social benefits brought to the community in that the proposed rezone will remove the possibility of commercial uses along West 37" Place. 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 responding agencies are already serving the property. 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. Approval of this request could minimize the possibility of excessive traffic congestion in that a three-unit residential use will not draw as much local traffic as a proposed commercial use could. City Council Page 4 WZ-99-07/Davis Also, the proposed structure will be required to comply with the required setbacks and drainage requirements. Therefore, approval of this request should not adversely reduce the light and air, nor create drainage problems to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently zoned Restricted-Commercial and is platted as a single lot that has frontages on West 38' Avenue and West 37' Place. Under the existing zoning conditions, the applicant could extend the existing commercial structure to the south half of the lot and / or attach residential units to the existing retail floral shop as accessory units, but not as primary or principal uses. In the Restricted Commercial zone district, residential uses are permitted as an accessory use with one unit for every 5,000 square feet of lot area (or 6 units for the lot in question). The rezoning to R-3 would allow for less units built on the property and correspondingly, less impact to the neighborhood. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Residential-Three zone districts currently are found along Pierce Street and the northeast corner of Otis Street and West 37" Place. Most of the zoning in the area is Residential-One C, Restricted-Commercial and Residential-Three. However, it should be stated that most of the Restricted Commercial zoned properties, along West 37`h Place, are multi-family residential uses. Rezoning to R-3 would not constitute spot-zoning. 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. It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility. Staff does believe that approval of this request will allow for the property to come into compliance with the use and design of the surrounding properties. VII. PLANNING COMMISSION ACTION This request was brought before Planning Commission on July 1, 1999. At the hearing, the applicant presented a request for a two-lot minor subdivision, as well as the rezoning request in question. Planning Commission continued the two-lot minor subdivision request, awaiting the completion of a final drainage report, and the final decision of the rezoning request. Planning Commission wanted to prevent the existing Restricted-Commercial lot to be subdivided, without approval of the rezoning, thus allowing for a commercial property with it's only access off of West 37" Place. City Council Page 5 WZ-99-07/Davis Planning Commission recommended to forward this case to City Council based on the following factors: Approval of the request would allow for an additional buffer from the commercial uses along West 38th Avenue for the residences along West 37th Place. 2. Construction of a residential structure would be more consistent with the existing land uses on West 37th Place. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the down-zoning of the property from Restricted-Commercial to Restricted- Commercial and Residential-Three is a benefit for the residents who live on West 37' Place. If the zoning were to remain the same, there is the possibility that the owner of the property could construct a commercial development that would encompass the entire length of the site, allowing for commercial access into the residential neighborhood or build an increased number of multi-family units. Also, the two-lot minor subdivision is required to allow for the separate ownership of the residential units, otherwise a Planned Building Group would be required for any additional development on the existing parcel. Therefore, staff recommends approval of Case No. WZ-99-07. IX. RECOMMENDED MOTIONS Option A: "I move that Council Bill No. , a request for approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, for a property located at 6690 West 38" Avenue, be APPROVED for the following reasons: I. Approval of the request would allow for an additional buffer from the commercial uses along West 38`" Avenue for the residences along West 37" Place. 2. Construction of a residential structure would be more consistent with the existing land uses on West 37' Place. 3. The evaluation criteria supports approval." Option B:"I move that Council Bill No., a request for approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, for a property located at 6690 West 38' Avenue, be DENIED for the following reasons: 1. 2. 3." City Council Page 6 WZ-99-07/Davis 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge FAX 303/235-2857 August 3, 1999 Dear Property Owner: This is to inform you that Case No. WZ-99-07 which is a request for approval to rezone the back 90.38 feet of property from Restricted Commercial to Residential-Three for the purpose of developing three (3) attached, single-story units. Said property is located at 6690 W. 38' Avenue and 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 August 23, 1999, at 7:30 p.m. All owners and/or their legal representative of the parcel under consideration must be present at this hearing before the City Council. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. "If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request." 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\wz9907.wpd a m c v ~ of d ~ m y d Vyl ~ 'u w a m a E ¢ " a a ~ a 0 z ? di ~ N ~ c KI t K I i o o N ~ ~ E o a y W U L 0 ~ O p C y O a - N r W O O O O O O O O O _ X_ U N YI Ol W W Oo O a7 W W OI N ~ Q m°$ U N 3 N 3 N 3 N 3 N 3 N 3 N 3 N 3 N 3 U 0 •C~ C N a ~ - M c M M M ik r U M _ M d d y - ~ > W m Q N jaN W W N . . 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Mayor Cerveny stated that she will call a special meeting on Wednesday, July 28, 1999 at 7:00pm. City Clerk Wanda Sang clarified that special meetings need to be published as such and there would not be enough time to do so; however, this meeting could be continued to Wednesday, July 28, 1999, then publication would not be necessary. Mr. Dahl agreed with Mrs. Sang. Motion by Mrs. Dalbec to reconsider the Motion for the term special meeting to a continuation of this meeting; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Worth to continue this meeting to Wednesday, July 28, 1999, at 7:00 p.m. to continue the agenda; seconded Mr. Donnelly; carried 7-1 with Mrs. Dalbec voting no. Meeting adjourned at 11:00 p.m. July 28. 1999 The Continuation of the July 26, 1999, City Council was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Teri Dalbec arrived at 7:04 p.m. Also present: City Clerk, Wanda Sang; Acting City Manager, Bob Goebel; City Attorney, Gerald Dahl; Director of Planning, Alan White; Director on Parks and Recreation, Gary Wardle; staff, and interested citizens. Item 4. Council Bill 19 - An Ordinance providing for the approval of a rezoning from Restricted Commercial to Residential-Three and Restricted Commercial on land located at 6690 West 38`h Ave., City of Wheat Ridge, County of Jefferson, State of Colorado. 100 CITY COUNCIL MINUTES: July 26, 1999 Page - 5 - Motion by Mrs. Dalbec to change Section 1. (L) a....minimum area of lot to read like Section 3. c., which will be renumbered as b.; and to direct the City Attorney to make sure that the minimum open lot area description only appear once in the Ordinance; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Worth to change Page 4 "This Ordinance shall take effect one day.." to "15 days"; seconded by Mrs. Shaver; carried 8-0. Motion by Mrs. Dalbec that on properties less than 1000 square feet the Code Enforcement Officer and the Animal Welfare involvement is to see that the property owner is following an accepted manure management program; seconded by Mrs. Worth. Motion by Mr. DiTullio to go past 11:00 p.m. and finish the Agenda through Item 10 plus the executive session and then adjourn; seconded by Mrs. Shaver; tied 44 with Councilmembers Dalbec, DiTullio, Donnelly, and Shaver voting yes. Mayor broke the tie by voting yes. Motion failed. (Needed six votes to pass) Motion by Mrs. Worth to go past 11:00 p.m. and finish this Agenda Item and continue the rest of the meeting until July 27 at 7:00 p.m.; seconded by Mr. Siler; tied 4-4 with Councilmembers Siler, Shaver, Worth, and Donnelly voting yes. Motion by Mr. DiTullio to go past 11:00 p.m. and finish Agenda Item 9 and executive session; seconded by Mrs. Dalbec; failed 5-3 with Councilmembers Mancinelli, Siler, and Worth voting no. Motion by Mrs. Dalbec to finish this Agenda Item, the first readings and the Consent Agenda and the executive session; seconded by Mr. DiTullio. Motion by Mrs. Shaver to amend to add Item 9; seconded by Mr. DiTullio; Mrs. Dalbec accepted this as a friendly amendment. Motion tied 4-4 with Councilmembers Dalbec, Shaver, DiTullio, and Donnelly voting yes. Motion by Mr. Slier to complete Item 3, adjourn for the night, and the Mayor will schedule a special session to complete the Agenda; seconded by Mr. Mancinelli; carried 7-1 with Mr. DiTullio voting no. City Clerk, Wanda Sang, listened to Mrs...Dalbec's motion on the tape and repeated it for Council. Motion carried 6-2 with Mr. Mancinelli and Mr. Eafanti voting no. Motion by Mrs. Shaver to include the words "Planning Commission" in the second where as; seconded by Mr. DiTullio; carried 6-2 with Mr. Siler and Mrs. Worth voting no. CITY COUNCIL MINUTES: July 26, 1999 Page - 7 - Council Bill 19 was introduced on first reading by Mr. Donnelly; title read by the Clerk Motion by Mr. Donnelly that Council Bill 19 be approved on first reading, ordered published, public hearing be set for Monday, August 23, 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 Mr. Eafanti; carried 6-2 with Mrs. Worth and Mrs. Shaver voting no. Item 5. Council Bill 20- An Ordinance approving demolition of a municipally owned building located at 9120 W. 44"' Ave. Council Bill 20 was introduced on first reading by Mrs. Dalbec who also read the title. Motion by Mr. Donnelly to postpone the whole agenda item to a study session on August 30th in order for Mr. Wardle to bring back more information on alternatives; seconded by Mrs. Worth. Amendment by Mr. DiTullio that motion 2 not be included in the motion to postpone to postpone to the August Study Session; seconded by Mrs. Dalbec; fails 2-6 with Mrs. Dalbec and Mr. DiTullio voting yes. Amendment by Mrs. Dalbec to have a Study Session on the fifth Monday in August on the Skate Board Park and then a regular meeting to follow in order for Council to vote on any issues regarding the Skate Board Park; seconded by Mr. Donnelly; tied 4-4 with Councilmembers Dalbec, Donnelly, Shaver and Worth voting yes; Mayor broke the tie by voting no. Motion failed 5-4. Vote on original motion carried 6-2 with Mr. Eafanti and Mr. DiTullio voting no. DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Manwaring Field Complex Master Plan Approval. Item 6 was introduced by Mr. Siler. Motion by Mr. DiTullio not to go over the Master Plan again; motion died for lack of second. Mr. Wardle went over the Master Plan for the Manwaring Field describing each phase. Motion by Mr. Siler for approval of the Master Plan for the Manwaring Field Complex for Phases II, 111 & IV; seconded by Mr. Mancinelli. AGENDA ITEM RECAP AGENDA ITEM July 26, 1999 QUASI-JUDICIAL X - Yes No _ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR I ST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WZ-99-07/Davis SUMMARY/RECOMMENDATION: Approval to rezone from Restricted Commercial to Restricted Commercial and Residential-Three for a property located at 6690 W. 38th Avenue ATTACHMENTS : 1) PC report dated 7-1-99 2) PC minutes dated 7-1-99 3) Council Bill No. ICI 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. _J_t-, be approved on first reading, ordered published, public hearing be set for Monday, August 23, 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." MO~o, no,dd j 2k~ f ~i CAB.bna\CCRP1S\wz9907-I scwpd Word N~.~ c~w~ Imo`' as ~P~~~ a~l~g~ l~ P,v,couv e~licryv~t ©wd povj ~~~P,G f~Oul~ ~d 2 wor*\ .-00 1-70/SH 58 7717 UUMEMM /®e The I-701SH 58 Interchange Project is underway and we want your input! We want to know the full range of issues in the study area. Do you have an opinion about how traffic moves through the area? Do you believe there can be improvements made that will lessen traffic issues? !r This is your opportunity to be involved in a cooperative effort between local, state, and federal agencies regarding trgnsportation in your community. Pj This is the time and place to share your ideas and express your opinions! PROJECT MAP The intent of this project is to develop cost-effective, easily constructed transportation improvements at the I-70/SH 58 Interchange that are compatible with long-term transportation solutions for the corridor from 32nd Avenue to Kipling Street. First Meeting: Date: July 14, 1999, Wednesday Time: 4:00 p.m. to 8:00 p.m. Location: Ridgeview Baptist Church 3810 Youngfield Street Wheatridge, Colorado The second and third Public Meetings are tentatively scheduled for early September and early October. OT DEPARTMENT OF TRANSPORTATION i. PUBLIC HE: ~NG A. Case os. Z-99-07 nd MS-99-02: An application submitted by Leo Davis for approval of a o-lot su ' 'sion and rezoning from Restricted-Commercial to Restricted- Commercial and Residential-Three for property located at 6690 West 38th Avenue for the purpose of developing three multi-family units on the south half. The case was presented by Sean McCartney. slides and overheads of the subject property. record and accepted by Chair BRINKMAN. He reviewed the staff report and presented All pertinent documents were entered into the The Commission was advised that there was jurisdiction to hear the case. Mr. McCartney reviewed the criteria used in the evaluation of zoning changes and stated that staff recommended approval of the application Chair BRINKMAN stated, for the record, that when she drove by the subject location this evening, the property was not posted. In response to a question from Commissioner SNOW, Mr. McCartney explained that the applicant plans to remove a portion of an existing building in order to conform to the city's setback requirements. Commissioner SNOW asked if the same three units would be allowed in R-3A or R-2A zone districts. Mr. McCartney'replied that these units would be allowed in both districts. In response to a question from Commissioner GOKEY regarding the type of swale proposed in the drainage plan, Mr. McCartney replied that the drainage plan is currently in process; and that the development review engineer stated that was an viable plan. Commissioner COLLINS asked where nearest storm drainage inlet was located. Mr. White said there is an storm sewer inlet in the street at the west boundary of the parcel. Commissioner THOMPSON expressed concern about buffering between the commercial and residential uses and asked if a fence was planned to separate the two. Mr. McCartney replied that a six-foot opaque fence would be required according to zone district regulations. Commissioner SNOW asked if there would be a planting strip. Mr. McCartney replied that a six-foot landscape buffer is required. Leo Davis 700 Elm Circle, Golden Mr. Davis was sworn in by Chair BRINKMAN. He stated that he was planning to remove a section of the present building to conform to setback requirements. He also stated that he planned to design his project in a manner which would save a large maple tree presently located on the property. Planning Commission Page 2 July 1, 1999 In response to a question from Commissioner GOKEY, Mr. Davis replied that the proposed subdivision would allow him to sell the triplex in a separate situation from the commercial property in front. Commissioner GOKEY asked about the amount of fill dirt required to provide for adequate drainage. Mr. Davis replied that if the units are designed with crawl spaces, fill dirt would have to be brought in; however, if the units are designed to have basements, there would be adequate fill dirt on-site. He stated that he would prefer to design the units to have basements if soils test, etc. indicate they could be built. In response to a question from Commissioner SNOW, Mr. Davis stated that he would not be opposed to R-2A zoning instead of R-3. William Ianiro 3550 Lewis Street, Wheat Ridge Mr. Ianiro was sworn in by Chair BRINKMAN. He owns the rental units directly south of the proposed development. He expressed concern about the possibility of a thoroughfare through this development from 37th Place to 38th Avenue and asked if a zoning change allow such a thoroughfare at some time in the future. Mr. McCartney stated that there was no thoroughfare planned for this area. Chair BRINKMAN informed Mr. Ianiro that zoning regulations do not address thoroughfares but there are other regulations that address this issue. Commissioner THOMPSON commented that a fence between the commercial and residential uses would prevent a thoroughfare. Mr. Ianiro stated that there is a drainage problem at 37th and Otis and expressed concern about the new development increasing the problem. He stated that there is no storm drain on the south side of the street, but there is one on the north side of West 37th Place. Commissioner DOYLE asked if it would be possible to connect the storm drain shown on the plot plan to take care of Mr. Ianiro's concerns. Mr. White replied that he would bring this to the attention of the public works department for their evaluation. Commissioner COLLINS moved and Commissioner THOMPSON seconded that this hearing be postponed until a completed drainage plan is available. In response to a question from Commissioner THOMPSON, Mr. McCartney stated that a drainage plan is not required for rezoning. However, the planning director has authority to ask for drainage plans for minor subdivision requests. He also reminded the Commission that the minor subdivision portion does not go to City Council. Commissioner COLLINS stated that even though a drainage plan is not required, the Planning Commission has requested drainage plans be submitted in cases such as this. Mr. McCartney explained that submittal requirements given to applicants do not require drainage plans. Commissioner COLLINS expressed concern about drainage problems in Wheat Ridge and commented that submittal requirements are only the minimum requirements. Planning Commission Page 3 July 1, 1999 Commissioner SNOW stated that she would prefer that the applicant reapply for R-2A zoning and that the fee for such application be waived. Commissioner GOKEY stated that he would not support the motion because it addresses both cases and a drainage study is not pertinent to the rezoning matter. In response to a question from Commissioner THOMPSON, Mr. White explained that it would be necessary to go through the republishing and reposting process if the applicant agrees to ask for R-2A zoning. Commissioner THOMPSON expressed concern about penalizing the applicant when city requirements do not ask for a drainage plan. The motion failed by a vote of 1 to 5 with Commissioners BRINKMAN, DOYLE, GOKEY, SNOW and THOMPSON voting no. Commissioner GOKEY wanted assurance that new construction on this particular piece of property will not create problems for adjacent structures in the neighborhood in regard to drainage. Commissioner THOMPSON expressed concern that the applicant could subdivide the property, sell the property to a new owner, and the new owner could build higher density units under R-3 zoning. Mr. White suggested that it might be appropriate to place a condition on the zoning regarding allowable density. Commissioner COLLINS moved and Commissioner GOKEY seconded that Case No. WZ- 99-07, a request for approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, for a property located at 6690 West 38th Avenue, be recommended to the City Council for approval for the following reasons: Approval of the request would allow for an additional buffer from the commercial uses along West 38th Avenue for the residences along West 37th Place. Construction of a residential structure would be more consistent with the existing land uses on West 37th Place. Commissioner THOMPSON requested an amendment which would add a condition of zoning that no more than three units can be constructed. The amendment was accepted by Commissioners COLLINS and GOKEY. Chair BRINKMAN stated, for clarification, that the rezoning and the subdivision are two entirely separate matters and that the rezoning should not be tied to a potential subdivision submission. Mr. White suggested that, if the Planning Commission was ready to approve both matters tonight, a condition should be placed on the minor subdivision approval that it was Plana ng Commission Page 4 July 1, 1999 contingent upon approval of zoning. He explained that if the subdivision were simply approved before the rezoning, it would result in the creation of two R-C lots. Commissioner SNOW stated she would vote against the motion because she believed R-2A zoning would provide better transition to residential areas. She commented that R-3 is often used as a precedent to rezone surrounding areas or to combine with adjacent properties to allow higher density. The motion passed by a vote of 4 to 2 with Commissioners THOMPSON and SNOW voting no and Commissioner MACDOUGALL absent. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that Case No. MS-99-02, a request for approval of a two-lot minor subdivision for a property located at 6690 West 38th Avenue, be continued until a drainage plan is completed and reviewed by the Planning Commission and the zoning has been decided by City Council. Chair BRINKMAN stated that she did not believe the applicant should be penalized because he followed the minimum requirements. She stated that a request should be made to change the laws if it is felt that drainage plans are necessary for minor subdivisions. Commissioner SNOW stated that it is very common for a matter to be continued when neighbors express concern about a drainage problem. Commissioner THOMPSON asked if there are drainage problems on 38th Avenue in this area. Mr. McCartney replied that there are none to his knowledge. He further stated that he has discussed potential drainage problems associated with the proposed development with Greg Knudson, development review engineer, on several occasions. Mr. Knudson advised Mr. McCartney that the drainage plan could be approved with minor changes. Mr. White commented that the drainage plan looks directly at the proposed site, not the surrounding areas. Commissioner SNOW felt that it would be logical to continue this matter because, if the zoning is not approved, two commercial lots would then exist and someone could build a commercial building with its only access being from 37th. Commissioner THOMPSON said she would vote against the motion because she does not want to penalize the applicant because of shortcomings in the laws. Commissioner GOKEY commented that he doesn't feel comfortable voting on subdivision of a property that hasn't been rezoned yet. Leo Davis stated that he does not want his land to be divided into two RC lots. As it stands now, he could build commercial buildings with upstairs apartments on his back lot. He also stated that he was informed by his engineer as well as the city's engineer that the drainage plan could be approved. Planning Commission Page 5 July 1, 1999 The motion carried by a vote of 4 to 2 with Commissioners DOYLE and THOMPSON voting no and Commissioner MACDOUGALL absent. Chair BRINKMAN advised the applicant that his request for rezoning will go to City Council before Planning Commission will decide on the subdivision. There was discussion regarding timing of the hearings. Mr. White stated it would be possible to have first reading of the ordinance at the last July meeting of City Council with second reading on August 23. Planning Commission could then consider the subdivision matter on September 2. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS A. Proposed Code Amendments - Commissioner SNOW referred to Section 26-30 (N) of the code regarding access to public streets and interpretations that have indicated residences may not share driveways. She proposed the following changes for matter of clarification: 26-30(N) Access to Public Streets: No building permit or certificate of occupancy shall be issued for any structure which does not have access to a public street as provided below: 1. When the lot upon which a structure is built or to be built is adjacent to a full width public street, vehicular access to the street shall be provided according to the requirements of Section 26-31(C)(6). 2. No building permit or eertifieate of oeettpaney shali be issted or approved R)r any stmeture When the lot upon which the structure is built or to be built is not adjacent to a full width public street as required in the subdivision regulations of the City of wheat Ridge or, in a situation where such requirement cannot be met,-en easement(s) or private roadway(s) of record having a minimum width of twenty-five (25) feet shall be provided. Commissioner SNOW moved and Commissioner THOMPSON seconded that staff make any changes they feel are necessary to the above wording in order to clarify the meaning of paragraph 26-30(N). The motion passed by a vote of 6-0 with Commissioner MACDOUGALL absent. B. Counting Land Twice - Commissioner SNOW referred to the case heard this evening. She stated that the ordinance is being read to mean that although the front half already contains a Planning Commission Page 6 July 1, 1999 PUBLIC HEARING SPEAKERS' LIST CASE NO: fJ Z 9 -O 7 DATE: July 1, 1999 REQUEST PI-IC47-10A) S k -d .52-1-07- o ~s~c a P. d s e-c, a~~✓~loP;xS S Baker N 3inu~f:-DCZVX/'71S as die so0ha /f (PLEASE PRINT) e Address/Phone In Favo / Opposed 7DD ~r~ d'D~O INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1999 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESTRICTED COMMERCIAL TO RESIDENTIAL-THREE AND RESTRICTED COMMERCIAL ON LAND LOCATED AT 6690 WEST 38 To AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (WZ-99-07) 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-99-07 and based on recommendation for approval with conditions from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the RC zone district and to include in the R-3 zone district the following described land: Lot 9, Block 1, except the East 200 feet thereof, Thomas Subdivision, located in the Northwest quarter of Section 25, Township 3 South, Range 69, West of the 61h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado The R-3 zoning shall encompass the southern 90.38' of the above dedicated parcel. Section 2. Conditions: No more than three dwelling units may be constructed on the R-3 parcel. 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-99-07 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 I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\Barbara\CCRPTS\RESO-ORD\w.9907.wpd Ordinance No. Page 2 WZ-99-07 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: July 1, 1999 DATE PREPARED: June 10, 1999 CASE NO. & NAME: MS-99-02 / Davis CASE MANAGER: Sean McCartney WZ-99-07 ACTION REQUESTED: Approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, and a two-lot minor subdivision. LOCATION OF REQUEST: 6690 West 38' Avenue NAME & ADDRESS OF APPLICANT(S): Leo and Lynda Davis 6690 West 38`s Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) SUBDIVISION REGULATIONS ( ) OTHER Leo and Lynda Davis 700 Elm Circle Golden, CO 80401 34,690.7 square feet Restricted Commercial Commercial Retail N: Commercial-One, S: Residential-One C, E: and W: Restricted-Commercial N:, W: and E: Commercial, and S: Residential Commercial Activity Center and Low Density Res. June 11. 1999 June 17. 1999 June 8, 1999 (X) CASE FILE & PACKET MATERIALS ( ) 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. I. REQUEST The applicant is requesting approval of a rezone from Restricted-Commercial to Restricted Commercial and Residential-Three, and a 2-lot minor subdivision to allow for the creation of a freestanding parcel on the south half of the property and the construction of a three-unit residential structure. If approved, the existing retail flower shop will remain on West 38`h Avenue. Separate motions are recommended for the individual requests. II. CASE HISTORY The property is currently zoned Restricted-Commercial and is a through-lot, having frontage on both West 38°i Avenue and West 37' Place. The property has a retail flower shop that is located off of West 38" Avenue and the south portion of the lot relatively vacant. The applicant is requesting to down zone the south portion of the property to allow for the development of a three-unit residential structure. The inclusion of the three-unit structure would make the property compatible with the existing residential dwellings which are currently located on West 37th Place. III. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting at the City of Wheat Ridge on April 20, 1999. In attendance were: Leo Davis - applicant Sean McCartney - Planner Linda and Ralph Mauro - 6741 West 36°i Place Elliot Harris - 281 S. Zinnia Way The individuals at the meeting were in support of the proposed zoning and use. The owner of the apartment building to the west, Elliot Harris, was glad to see that something was going to be done with the property. IV. AGENCY REFERRALS All outside service agencies can serve the property with improvements paid for at the developer's expense. Public Works Department requires a final drainage report based upon the City's drainage criteria. (See attached.) All of the other public agencies stated that the minor subdivision would not impact any of the existing services. Planning Commission Page 2 MS-99-02/WZ-99-07/Davis V. COMPREHENSIVE PLAN The existing Comprehensive Plan designates this area as Commercial Activity Center and Low Density Residential. The intended scope of these districts are general commercial uses and single-family residential. The proposed Comprehensive Plan designates this area as Neighborhood Serving Speciality Retail on the North and Transitional Residential on the South.. VI. SUBDIVISION DESIGN The proposed two-lot minor subdivision is intended to allow for the construction of a three-unit residential structure on the south portion of the existing lot (lot 2), with the flower shop occupying lot 1. Lot 1 will be 21,571.7 square feet and will have direct access onto West 38' Avenue. There is an existing retail flower shop that will remain on site, so access to Lot 1 will remain the same. There is a small portion of the building which, if it were to remain, would extend over the proposed lot line. Because of this, the applicant is intending on removing the extension, thereby allowing for the existing structure to retain an 11.5' rear yard setback. Pursuant to Section 26-21(17)(7)(a), a structure located in the Restricted-Commercial zone district must retain a 10' rear yard setback. Lot 2 will be 13,119 square feet and will have a three-unit residential structure. The proposed structure will need to comply with all of the development standards established in Section 26-16(F) of the Wheat Ridge Code of Laws. The initial design of the property showed that the residential structure would be able to comply with the required setbacks and would provide for Parking within 2-car attached garages (provided for each unit). The structure will be a single-story ranch and will provide for 2 and 3 bedrooms in each unit. There currently is a 5' storm sewer easement on the west side of the property that will remain for the entire length of both properties. All requirements of the Subdivision Regulations have been met. VII. 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 Restricted Commercial zoning on the property was in place when the City of Wheat Ridge incorporated. There is no mistake on the City zoning maps. 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. Planning Commission Page 3 MS-99-02/ WZ-99-07/Davis 3 Although the majority of the neighborhood (along West 37' Place) is zoned Restricted Commercial and Residential-Three, most of the existing land uses are multi-family structures. Therefore, approval of this rezoning would allow for a continuation of existing land uses. 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 the area as Commercial Activity Center and Low Density Residential. This use is intended to allow for small scale retail and professional services located along collector streets. Even though the proposed rezoning does not comply with the Comprehensive Plan, the request is considered a "down-zoning" and would result in more of a transitional use or "buffer" for the existing residential dwellings along West 37" Place. 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. Approval of this request would allow for a continued compatibility with the surrounding area. The retail floral shop will remain within the Restricted-Commercial zone district and would continue it's commercial use within the predominantly commercial neighborhood along West 38t' Avenue. The three-unit residential structure would continue the multi-family residential land use which is prevalent along West 37" Place, and allow for an additional buffer for the existing residential homes. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be social benefits brought to the community in that the proposed rezone will remove the possibility of commercial uses along West 37`h Place. 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 responding agencies are already serving the property. 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. Approval of this request could minimize the possibility of excessive traffic congestion in that a three-unit residential use will not draw as much local traffic as a proposed commercial use could. Also, the proposed structure will be required to comply with the required setbacks and drainage requirements. Therefore, approval of this request should not adversely reduce the light and air, nor create drainage problems to adjacent properties. Planning Commission Page 4 MS-99-02/ WZ-99-07/Davis q S. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently zoned Restricted Commercial and is platted as a single lot that has frontages on West 38th Avenue and West 37`h Place. Under the existing zoning conditions, the applicant could attach residential units to the existing retail floral shop as accessory units, but not as primary or principal uses. In the Restricted Commercial zone district, residential uses are permitted as an accessory use with one unit for every 5,000 square feet of lot area (or 6 units). The rezoning to R-3 would allow for less units built on the property. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Residential-Three zone districts currently are found along Pierce Street and the northeast corner of Otis Street and West 37" Place. Most of the zoning in the area is Residential-One C, Restricted-Commercial and Residential-Three. However, it should be stated that most of the Restricted Commercial zoned properties, along West 37' Place, are multi-family residential uses. 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. It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility. Staff does believe that approval of this request will allow for the property to come into compliance with the use and design of the surrounding properties. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the down-zoning of the property from Restricted-Commercial to Residential-Three is a benefit for the residents who live on West 37' Place. If the zoning were to remain the same, there is the possibility that the owner of the property could construct a commercial development that would encompass the entire length of the site, allowing for commercial access into the residential neighborhood or build an increased number of multi-family units. Also, the two-lot minor subdivision is required to allow for the separate ownership of the residential units, otherwise a Planned Building Group would be required for any additional development on the exiting parcel. Therefore, staff recommends approval of Case No. WZ-99-07 and MS-99-02 and requests that Planning Commission forward the rezoning case to City Council. IX. RECOMMENDED MOTIONS REZONING Option A: "I move that Case No. WZ-99-07, a request for approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, for a property located at 6690 West 38`h Avenue, be recommended to the City Council for APPROVAL for the following reasons: Planning Commission M S-99-02/ W Z-99-07/Dav is Page 5 S I. Approval of the request would allow for an additional buffer from the commercial uses along West 38`h Avenue for the residences along West 37' Place. 2. Construction of a residential structure would be more consistent with the existing land uses on West 37' Place. 3. Criteria supports approval." Option B:"I move that Case No. WZ-99-07, a request for approval of a rezone from Restricted Commercial to Restricted Commercial and Residential-Three, for a property located at 6690 West 38th Avenue, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." TWO-LOT MINOR SUBDIVISION Option A: "I move that Case No. MS-99-02, a request for approval of a two-lot minor subdivision for a property located at 6690 West 38'h Avenue, be recommended to the City Council for APPROVAL for the following reasons: 1. Approval of this request would allow for the individual sale of Lot 2. 2. All of the outside agencies can serve the proposed subdivision. 3. All of the requirements in the Subdivision Regulations have been met. 4. Criteria supports approval." Option B:"I move that Case No. MS-99-02, a request for approval of a two-lot minor subdivision for a property located at 6690 West 38`h Avenue, be recommended to the City Council for DENIAL for the following reasons: 1. 2. 3." EAWCazm y\c.e fi1es\ms9902.wpd Planning Commission Page 6 MS-99-02/ WZ-99-07/Dav is V -W 37r," • J PL a Y I FF~nu b eO~ n b N w%T1M i i ~ R ^ J J S 0143 3135 31a ~ n ~ a1n OJT W 9Mw R-IG a Z J 2 4 R i _ gg ~q T b o m >k i>l xc AA{ g 4- F4 5 J.v ~ n spy y N J I ~ ~ R . i r J J J m J J - Wb]tO AVE - - i OFFICIAL ZONE DISTRICT BOUNDRY N w 25 D ZONING Mfg f - PRRGEVfAT 5OUN0RY (DESIGNAT ES OWNERSHIPS WHEAT IZI DGE COLORADO - WATER P RE EAT U DENOTES MULTIPLE ADDRESSES SCALE 1-400 MAP ADOPTED: Jule 15, 1994 Last Revieim September 16, 1996 DEPARTMENT OF PLM W5 AND DEV5.APMEXr - 295.7B52 1 O CC) SOQS ~ oS99 CC) vS6S9 W OL99 w cge, 5099 5199 M~ O ~ V S 5699 0195 S9L9 U S6L9 1 ozQ OZL9 OSL9 061-9 r 30831d n in S I Q9 S 199 Ln J C ,,n n n .,n i .c~ N r QQ9S OZ-9C 0 T 0ro:o:~L-9 { : { : •'~t: Vii: • {ll:':':':`ill:' 40 Name- OZL9 10 V& liv J x 191-9 m -KZ-9 I ' 1 9LL9 OILS ~ 06L9 0~ C9 91LIZ - 0 0 RECEPTION NO. F0334263 22.00 PS: 0001-001 210 RECORDED IN JEFFERSON COUNTY9 COLORADO 11/25/96 11:32:34 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) • _ / THIS DEED is made by DONALD B. BENSON, as Personal Representative of the Estate of Ruth Benson Bates (UWa Ruth Benson), deceased, Grantor, to LEO F. DAVIS II and LYNDA L. DAVIS, Grantee (whether one or more), whose address is 1910 Kohinoor Place, Golden, Colorado 80401. s Wad- _ y O Z WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated July 13, 1993, which Will was duly admitted to informal probate on June 20, 1995, by the District Court in and for the County of Jefferson, State of Colorado, Probate No. 95PR644; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on June 20, 1995, and is now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the power conferred upon Grantor by Article 12, Section 711 of the Colorado Probate Code, and for the consideration of One Hundred Sixty Thousand Dollars ($160,000.00), Grantor sells and conveys to Grantee (in joint tenancy) the following real property in Jefferson County, Colorado: Lot 9, Block 1, except the east 200 feet of said Lot, Thomas Subdivision, County of Jefferson, State of Colorado J L, J also known and numbered as 6690 West 38th Avenue, Wheat Ridge, Colorado 80033, with all appurtenances, subject to general property taxes for 1996 and subsequent calendar years and subject to matters of record. Wherever used herein, the singular shall include the plural. Executed _ 115 1996. DONALD B. BENSON, as Personal Representative Ofthe Estate of Ruth Benson Bates (f/k/a Ruth Benson) STATE OF COLORADO ) r~rr ,I COUNTY OF SEFFC-RbHIV) ss. The foregoing instrument was acknowledged before me this day of MVEMbEA 1996, by DONALD B. BENSON as Personal Representative of the Estate of Ruth Benson Bates (f/ic/a Ruth Benson), Deceased. Witness my hand and official seal. My commission expires: G.M.ROGOAK NOTARY PUBUC r STATE OF COLORADO No Pu 'c j LAN4 TiiLE My Commission Expires 0146-99 H~ ar LAND USE CASE PROCESSING APPLICATION wHE.; J Planning and Development Departmen t 7500 West 29th Avenue. Wheat Ridge. CO 80033 j Phone;303)238-2-348 Tlea<e print or type all information) / E 1 Applicants Iyta9 !/~9yis Address `/J • -3e'Y 6 l/E Phone,37 /69 City Ct/~EfJTiQi1J Gp~~1 . Owner zFV x~ryNOr9 4/J ;,S Address ADO E/m c/ Phone-,7 e7J ~6 City Location of request (address) Type of action requested (check one or more of the actions liste d below which pertain to your request.) 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 Q Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: ~Pd F P - ~i9 4D.3~ Fill out the followi g information to the best of your knowledge. Current Zoning: / Size of Lot (acres o square footaQ oSED /3 D Current use: FO -~~D S Proposed use: rte- 0 6,ff-LiSE1----, 2 i~S - Sx /She Assessors Parcel Number: zPeC, 1)1 000 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-attor from the o"er whi pproved of this action on his behalf. Signature ofAp an~ Subscribed and sworn to me this A day of*1-L, 19 Notary Pub c My commission expires Date received a Receipt No. Case No. WL-gq' d Related Case No. Zonin ,C- .quarter ectio- Map /vwv~ 1 NOTES: 1. UnNU otherwise hat". pmgrlY n• or* moreamown •lth ft. f (1/]) retch with I..& 12M piatlic mq. The East "y cannons of Lot 2 lati In o crate r•tcininq lall and r t mOnumml•a. Whet Pare. Roc wt LCY 3. That ll d, ewe Hot lie ilmn o Imaa Eoundrip o• mu.n an the , IA uranc• Rate uap pr•par•a by the f.a•.al Ev.rq•ncy Manageme2/4/Wnt ency. CommunitY-Panel Number 065070 M05 C. Baai• of beanngr TO. WYt line at I.. N.dh...t .ad, Of SYlbn 25 w oxumM I. Mor eue North, LEGEND Q o[vu PaNr ® A - ersw rcsmenbx py aa6..w[• w /AIES -=I iLOY wRECnM N.~tAL PRapgYO ELCw. H Y{ 5 6-E➢sE TCY . WHO M... .__-_____sLw-IbNON...p ELw( EasNIO CONTOUR NfCPOYp CORE" 9Lr FENCE L wF5 wn. ~WMr~...^+y~=.rn IYy IY~wn, M1N.51+w~Y ~4r: ur,~irrW'W ar4 N N.u.r raY 1. Na -1 IN -r. Mw W...w.., Y YYW YYM., N :.MYRwNYe« E YrY--^WreSY.Mwr ne' .eH.~w 1 1 1 LOT 1 1 1 0.04 145_18' N90'00'00'_W Pena N. e ~ I s ~ Ian' - ~k or / / 3 I I w o i = ___--e=-_ / I o LOT/2 / / : I I m zp I 3a.JJ a J. IY' 30.JI' zo 0 1 \Ll 7j I CONCRE. / I OtcREn _ - - I I Q EXIST CONCHIETE EWE To RELIwN- 12 I I I .j145,14' N90'00'00"E I 3 _--~T~Ry1II1 4 (pIB. 1hLT O SITE LOCATION MAP aMYNpE CIY Enu r411YK EF:IEIIII CMIILY a O GILT FENCE aYrYn •YpH~.yn.Wr. Y.Y. YWwN N.r NYN wee.. e,_ No N eY• r rn. wlo. w i ° MY° " a m The ' W Ya . s HW Nm v i.Y f NF.EE, r. Mm W Yuv. I• . W'1 . 71E'M. SL e .MYwYYr•w~ . wney. m Te EmE rYYYY N.R YISV L.w. wee r.. .W Y.n 1. M Nona Y eW~iww Sp.Lp I1 wo~ w ~M1.I. YY Y. r ~ S ,W a iw E,~ .YW h.I ;took, , Flw WpY. W No LWV C.Yev.YH WY.Y. IW -1 - ----1----------1------------ - - -ew cRAOE L.OR WEST 37th PLACE (50' Wide) - - - - - - _i Ir 1. 20. CALL UllUIW NOOFICATION CENTER OF COLORADO 1-BOD-922-1987 OR 303-534-8700 RR MEIIRo DENIER CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE YARNING OF UNDERGROUND MEMBER UTILITIES W MAkOPUENI ssRMU rnoua. INC. ASWINES No RES lb"Llr FM nIs11N0 Unun Laenoes THE ulR ms SHE. W bes O H"Now Now BEER RoT¢0 he BEST AvuLRgF ..ena. N M HWETER. THE RESFCNLBYM1 M THE CONTRACTOR TO FIELD LERIEy THE LOFIIW OF ALL IWnES . To ThE CwwENCLNENR of µR COh.NN.C aR ACTARES. SUMMARY RUNOFF T ABLE -B A IN DESIGTN P I A 7 0.37 4 11119 SILT FENCE DETAIL e,p r1~~.1..Y Nee MY.R wFh +-51 w No Y~ M.e..Y.i. YY FY Y 4 In TV wYE1.re WF. YN 1~ , T~ ,1 . .;yC .~f~ ~ ~ ~ ~M ? . ~ ~ ~a~ 4 ~ k # ~ b _ , a f ~@ , ~ ~x s ~ x t + r ~ ~ v.j ~ ~ s ~ i i. a w g ~ ~ < ~ ~ ~ ~ ~ d ~ ~ g ~ ~ . E~ . d a f jj~~ ~ _r 9 f ~ ~ . ~l~ ' I i .~z 4,A \wpY ~6~ "-+~E d 1 ~q~!' f h. f A ~z+. a a d i 1 ~ ~ . , a~ 4 i . ~ ~ .„a. JY La. erw. o n b Y~'~'I"m i'n r~~. a' :~1 a~'a a2 E~ i;...,~ ,:"R ; a @ [ saav.:;~4 ~ s, " ~?s ~~d~► 'a ..fix A e ~ ~ ~ < P des . 1~ ~ a ~p,~i B X i ! 1 4 a_~w~~ ~ ~ s i a ~M 3 ~m w r ~P s i ! ~ p ! f mi: d 5 ~ ~ ~ e ~:w r ~ ~ 1 G~ r r~ 1 /y ~ e ~ ~ ~.~s Dwe!{ing j Flower shop See 1~~~m~l~ 35.2' ~ Note 2 ~"Ass~" ~ ~ 1 1.5 a ~ g~ r! ~ R 'P 6 S ~m { S9` t 4 Z l ~ 1 yyy a 7 ~ 9 I 1 ~ !V"h # J $ ~ ~ ~ w +r c ~ T ~ r 4 ~ I f v 6 r ~ k ! ~ 1 ~r 9 .,.n 13,1 ~ ~quore f~~t ~ ~ ~ E, E ~ ~ ~ n ~ s ~ ~ 3 ier m l 3 s I ~ Garage a~ ~~s ~Shsd See Note 2 P°` dlew wM" .P .-t C~{~~ ~t 1 ~ 4' 200.0' _ _ _ _ , ~ . I~ ~ a F 4 i `~C~ncrete sidewalk, gain in _ ~ _..,.L__ ~,na.,. ..ax.,~~~ ~ a~.~ . ~ ~~ro~~ ~ P - f • ~ F " . x.~ a • A z ~ ~ I M ~ l ~ a ' 1 3 i d ` i ~ ,,~„J €t E ~ s ~ ~ ~ E 7 , ~ d z ~ 1 ~ ! r ~ , M i a d~, p 4 4 ' ; I q f ' ~ { € (!i ij f `j ~ o ~ ~ ~~~2 , , "g ~ :i ~ i ~ ~ Ems: ~ ( y S k i i A ~ ~ ~ E 4 , m r s~, ~~r. ~e_ ~ f~: a . i r ~ ,a i I 1 { ` r + ~ ~ j_ _ - E S,,~g f N ~_~e_~..~_._~.~_~ 4 l ~ ~ ~ ~ t s a ~ '  9 cl f f r-,' C. n a 1 r!ss ~aio r expires lfLr . 1205 Pierce Street c , Color-ado 8021 Cwq--e Hlstory (3 03 2 3 3 - 10 ( RR Nest quarter, ccorner of ~7,-,Un A-wienue ur No. e CtfUll 2 J. FOUf1d 3.25n brass cop, L.S. 13212, in ~ ~,W...~v„.w. ~..w.,~„ww.......~m .waw...~n.::me¢m"sma'udID~:iawmw~Yxes+~~e!Y x ~:a4 #µ,.nTIR~,.i::sw.~ rw _ %ivs.•~pv: ..ev April '1999 /7'99 ra~tc:tc~l rang:' box. Reco, r 'A: ~mb~=+t: ~wxuw '-'-p"rstr~a'+~+»Y`RRPk9f#U~Pwc.4Maq~ rt~M4 i~sF+*mmv.°°a' BY Mom -amalmomo- b h 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 June 17, 1999 Mr. Gary Whitt, P.E. QCI Development Services Group, Inc. 11184 Huron Street, Suite 13 Denver, Colorado 80234 Re: Lynn Lee Subdivision, Lot 2, W. 37th Place & Otis Street - First Review Comments of Final Drainage Study, Grading & Erosion Control Plan Dear Mr. Whitt, I have completed the first review of the above referenced documents for the Lynn Lee Subdivision received on June 10, 1999, and have the following comments: Drainage Study (Discussion) Page 1 1. Please provide the exact addresse(s) for this site when available. Drainage, Grading & Erosion Control Plan(s) 1. Please provide (when appropriate) P.E. stamp and signature. 2. Please clarify the encroachment on to Lot 2 of the existing building located on the north property line. 3. Please provide typical cross section details for the north, east and west property lines which include the proposed swale and structure to confirm appropriate grading to adjacent properties. 4. Please note the grade percentage of the swale as red lined. 5. Please note finished floor elevation. 6. Please note finished topography on the plan Mr. Gary Whitt, P.E. QCI Development Page 2 7. Please extend existing topography approximately 50-feet beyond property lines. 8. Please clarify how flows at design points 3 and 4 are to be appropriately conveyed from the swales to W. 37th Place. City standard requires a sidewalk chase to be installed. I have included a copy of the City's detail for inclusion on the plan, and noted in the final drainage report. 9. Please clarify what is proposed in the area along the back of walk 37th Place frontage. 10. Please note right-of-way line. 11. Please note the location and elevation of City bench marks or benchmarks referenced to the City. Street Construction Drawings 1. Not required due to the existence of acceptable public improvements along the W. 37th Place frontage. Subdivision Plat 1. The Final Plat document has been received, and is in the process of being reviewed by Mr. John McGuire, P.L.S. 303-235-2858 Subdivision Improvement Agreement 1. Not required due to the existence of acceptable public improvements along the W. 37th Place frontage. Application for Minor Dumping/Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping/Landfill Permit, along with fees due will need to be submitted for review and approval. For the owner/developer's information and submittal with the second review package, a copy of this permit is provided. Traffic Engineering 1. The Traffic Division has reviewed the proposed design, and has no comments at this time. Public Improvements Cost Estimate & Letter of Credit 1. Not required due to the existence of acceptable public improvements along the W. 37th Place frontage. Mr. Gary Whitt, P.E. QCI Development Page 3 Right-of-Way Construction Permit(s)/Licensing Prior to any construction of the public improvements, the necessary right-of-way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red-lined prints with the second submittal. If you have any questions, please contact me at 303-235-2868. Sincerely, Greg Knudson, M.P.A. Development Review Engineer cc: Dave Kotecki, Steve Nguyen, John McGuire, Darin Morgan, Meredith Reck File Sr. Project Engineer Traffic Engineer City Surveyor Codes Administrator ert, Sr. Planner 7500 WEST 29TH AVENUE June 8, 1999 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 The City of 4E ~OF W HEAT ~Q Wheat ,m GRidge cOt0RA1O This is to inform you that Case No. WZ-99-07 and MS-99-02 which is a request for approval to rezone the back 90.38 feet of property from Restricted Commercial to Residential-Three and to subdivide property into 2 lots for the purpose of developing three (3) attached, single-story units. Said property is located at 6690 W. 38" Avenue and 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 July 1, 1999, at 7:30 p.m. All owners and/or their legal representative of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. "If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request." 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:\Bmbara\PCRPTS\PLANGCOM\PUBHRG\wz9907-ms9902.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a d d d C ~ C d N N U ~ ~ d a a ~ •O C Q > N a U d ~ a m c j z a ~ NI N ~ W C 'y 9 I R > K O W N ~ y N - d 0 ~E° 0 a y r U t ° N E E E E E E' E E E E y.cp~v-_ a # y N ~ O o a l p n W ~ O p n a l p n ~ N n a 7 N n O N r O N X U N ~ O MM MM Q°° ~ N 3 m 3 w 3 v°~i 3 w 3 m 3 w N 3 w 3 w ~ v E: O .R C G N i c O a ~ u~ C M o M w o _ N ~o ` u' O M 'c o ~ O ° o m 0 a 'm ,w ° Po ~rn r rnw U) Um ~in° d y N N t ca0 0 r0 c 0 ° m 00 m a g M. ?0 ° N0 0 m O o mw i U I . 0 m0 6 oM 0 O EU i . c 0 0 X3 o a - N p ! 0 Q 0> g ° ' ` O1 7 0 W E ~ ~ 0 co O a m ~ m0 Y N N N N aa> N 9M > r , m o_ W m i° O~ JO d O a ep LL 7 N o N fn . oo Eoa' o3 f0 i0 W > 'Or N a N N O c O- N W M t O) 0 m r 0 O m W U ` N J M Q N M + O N rn N > r Z _m`O c r ~co= 0 D o m vri~ rn m aNa Q Q ~i C W N O F' OU O~°w E ❑ ❑ ❑ 0 ❑ ❑ z v L U r ll l Y M v ~n <o r co rn o . O Q C, co d v v rn m e m a m a v v v a a uy 0 rn rn rn rn m U ° z w << 0 3 > 03~ Z Q Z a o w z N O C~ F W Q'. U ° Ow v z z ~ U FO b G m T L v y .a p a z F d w~ d d V C •V d C N y N U Q: "O N Q d C 7 y K a m c O Z d ~ • dl d K C 7 I I I O' > d' j p w d y ~ O w _ y N d E d a y W U t O m O O C 1 .0 _ U = y C d O ~y O N x ma m rn° rn rn° m d Q N~ wt. ~ 3 N ~i N v O N d is a C G 'O T m n M ~n O 0 O m N d 0 N U N f n 0 N N I ~D C OO ~/1 ` y` ~O TU W 0OO mpU d 'O Q m O In ' c O m W pM cc O dO-_ ~ m ~ ' W N rn p 2 Q m ~ d s a ' O M U N n N v O f Q ° ~r E d d 0 N ..0. d N 10 d 0~ ~ U L) x E ❑ ❑ ❑ ® ❑ ❑ m Z d {p _u r l1J N Y Q N m h m p LF) G n Q ~ m m _ W O d E v r rn v n m V ' z ¢auw Z o x~o > Oda z a z y ( z = r l d V r~ ~ a ~I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge May 3, 1999 The Wheat Ridge Department of Community Development has received a request for a minor subdivision at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by May 14, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-99-02/WZ-99-07 LOCATION: 6690 W. 38" Avenue REQUESTED ACTION: Subdivide property into 2 lots and rezone the back 90.38 feet from Restricted Commercial to Residential-Three. PURPOSE: To construct an additional triplex on the southern portion of the lot. APPROXIMATE AREA: Approximately 34,690.70 square feet. 1. Are public facilities or services provided by your agency adequate to serve this development? 2. Are service lines available to the development? 3. Do you have adequate capacities to service the development? 4. Can and will your agency service this proposed development subject to your rules and regulations? 5. Are specific easements needed on this or any other document? 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Sean McCartney (303-235-2852) Completed by: Department of Planning & Development (Name, Agency/Department, Date) DISTRIBUTION: X Water District (Wheat Ridge) Jeffco Health Department X Sanitation District (Wheat Ridge) Jeffco Schools X Fire District (Wheat Ridge) Jeffco Commissioners Adjacent City X TCI of Colorado X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Land Use Commission X WHEAT RIDGE Public Works Dept. State Geological Survey WHEAT RIDGE Park & Rec Commission Colorado Dept. Of Transportation WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife X WHEAT RIDGE Building Division Colorado Dept. of Natural Resources Fairmont Homeowners Association Denver Regional Council of Governments Prospect Recreation District Scientific and Cultural Facilities Dist. Urban Drainage and Flood Control Dist. Metro Wastewater Reclamation Dist. Regional Transportation Dist. Jefferson County Planning Dept. Denver Metro Major League Baseball Dist. "The Carnation City" tloino;~~.o..,r. .u.:-,kViw .lv.'F¢~.•-'~'..lk....^'ilitSeX".E tom. ~.z. ~-iir~dks'~.:,- .~b,H~: W...~. a► ~ c' . , _ . .r ~ ~ , ~ ~ , ~ F f k 4~ ~;z~' d g ~ ~ 0 ~ ~ X _ Y b Y i A R3 ~ ~ ~ M z~u ~ . ~ l ~z~ ~ ~ '.k ~ku.~ k"ka ~a 6 gr~a. ,any 'c, ► a ~i". p,'~ ~ y„-.'°'~~, a ] ~ 9 a.._x v ~ 4 f.~.. a d t- .~_Q ~ 3~' ~ ~ ~ ~ , l ~ ~ ~ ~ ~ ►x;° • ° ~ s w ~ ~ , 1 ~ ~ ~ s f .wv~a~ /a "~v,' Y • s~ " 4 +e t~ r~ I~: ~ w 8 ,fg f° ~ {may ~ # 5 8 tin`. °a~ 4 "e. 8 b k ~ ,~.,_.a,.~..„..n4.._ . ~ , C I ~ C e { ~ { ~ i~i~ ~ R ~ ate. ~ ~ t u 6 I I I F. y ,,..~s ~ ~ a ~ E r g ~ a ffi  ti ~1"' i~ See Nate 2 ~1 i S . w a .~~a Ca ~►u@ EUS~ ~ $J. ~ ~ ~.4 i ~ 1~AYOR'~~ CERTIFICATE: ~ ~ r D ~ OQ ~ Th+~ s~ c~~if~ that the ~it}~~ ~f '~k~~at Ri~~~ ~ ~ - y....v 5 t~ ~ Q ~ M ~ i 11~ e 1 1 ` 1 Caur~ci) dial ~rti the d~~r ref , _ _ i ~ ~ 1 ~,1 i 9.0 square feet within }~latm e a. r Sep Cote 2 u_.. Due West 145.14' 2~~•Q~~ ~ f ATTEST. ~ u . _ . „ ~~~,.~,,,N ,,mow .err a 4. ~ _ _ _ ___.._~m.., ~E~1T~'~: City Seal y ~ n. L LL. w~ ~4.e re~~ O1PNE12'S CERTIFICATION: • ~ Kfi~~1N ALL. MEN THE'~E PR~~~~ t ` ~ I J`3 1 C i € i ~zn t S mow. i e _ «.u..«~..i wmaxwm-~..-_»..~„a«rs+vmwxm+~m+!+-~ m~ ~ r A. .w 5 1 ~ ~ 3 ~ f y~ a k t i ~ r i i ~ a 11 I , ~ ~ . „aa, r ~j 1 ~ ~ ~F ! , F r ~ A~ 1 ~ ~ } F 3 ~'9 9 { I r 1 ,~t~b~~ follows; r w..~.. a R a . ~ ~ _ ,~~.~,~..w~m~.~ w~ r st 2C~~ feet thereof, THOMAS ~UBDIVISlQN, ,ApP~tOV~LS: ~ + ' j _s r _ _t'_a ~sC T_.......~L.:... Y ~~.:14. ..-.«e' ~ d i y E ~ 3 f 6 N I ~ 3 ~,~~r~.u~.~._~ _...,w.,..~~ w~ 4 ~ { Fmk tee. WFtness my hoed and Ot*Icaai s IPA ~T f.. . i l ~ k i 9 My commission expires 1 fr j tgg4 ~ t y d f i f~ { ~o F e , F E Z v i ;t. ' WeA 3 5t I, Ave n. ; • Kecorder- { r { Deputy Notary Public wr+egr LAND USE CASE PROCESSING APPLICATION ; WHEar o Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 c~,o Phone 1303) 235-25;6 ct (Please print or type all information) ApplicantC~~o ~~✓~y1~9 U13LIi'5 Address eV • X38 QyE Phone~D3 a X69 City Owner ~FV V-/~iVDfJ Z~ yiS Address °/-DD 6z l Phone,:742~-.P4~ 1~ City (ao zz n/, Cdl Location of request (address) Type of action requested (check one or more of the actions liste d below which pertain to your request.) Y 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: ~d E P ^ ~/9C 9D-3j ` D E n/i' G Cti .9/s,0 C~i2 Fill out the followi g information to the best of your knowledge. Current Zoning: Size of Lot (acres o square footaQ nSEA /3 0 Current use: ~'D e D u S Proposed use: o Assessors Parcel Number: Ct 4 000-/ 6Q/ 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, 1 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-attor from the er whi pproved of this action on his behalf. y Signature of Ap an Val Subscribed and sworn to me this ;IF) day ofAMI~L, 19 Notary Pub c My commission expires Date received a Receipt No. Case No. u12~019 ~ C7 Related Case No. Zoning ~uarter ectio-r Map /vwvv Whea" s 'Ridge Planning and Development Department ~ a PRE-APPLICATION MEETING SUMARRY " m Dater _ (t -99 Attending Applicant: (-p ~o[oeaoo O DA,/is. Address/Phone: : Attending Owner: sep,~ rnpv-- rf'hAddress/Phone: Attending Staff: Ja n Address or Specific Site Location: Existing Zoning, Ap licant/Owner Preliminary Proposal: Existing Comp. Plan: 7a 2 - 3 fo ~n ~ 'V e -9h . S~ ~Pf 4,Mtion s c * Zone 'Change Permit Orily * Planned Unit Development nge ite Plan Variance V' Minor Subdivision * Temporary Use Permit * Major Subdivision * Conditional Use Permit' * Street. Vacation * Special Use Permit Lot Line Adjustment rOtki®r'Real avenh-r.. F c H Z L '.PL au `BRAY e:\ > 5-Fo✓nn seer eaS-eV.~ .6~) wps f 5 d9 (T4 'ryio ays 3 46 3D $ e P SEVnsh± ng Denart Public Works nts `Suildina'Dent -.m_ _