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WZ-99-13
INTRODUCED BY COUNCIL MEMBER SHAVER Council Bill No. —2 — Ordinance No. 1182 Series of 2000 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESIDENTIAL -ONE TO RESIDENTIAL - TWO FOR PROPERTY LOCATED AT 3601 IQPLING STREET, CITY OF WHEAT RID 9 -13 OF JEFFERSON, STATE OF COLORAD -9 9- 13 -13 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 -13 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 R -1 zone district and to include in the R -2 zone district the following described land: Lot 5 except the West 160 feet thereof and the East 15 feet thereof, Eller Subdivision, County of Jefferson, State of Colorado. Also known as 3601 Kipling Street. Approximate area is 14,000 square feet. Section 2. Conditions: 1. There will be no more than two access points onto the property, preferably one on Kipling Street and one on West 35th Avenue. 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. 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 _s to 0 on this 10th day of January , 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 14 , 2000, 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 5 to 3 , this 14th day of February 2000. SIGNED by the Mayor on thi ATTEST: Wanda Sang, City Clerk 1st Publication: January 14, 2000 2nd Publication: February 18, 2000 Wheat Ridge Transcript Effective Date: February 14, 2000 C:\ Barbara \CCRPTS\RESO- ORD \w9913.wpd AGENDA ITEM RECAP QUASI- JUDICIAL X Yes No X PUBLIC HEARINGS _ CITY. MGR. MATTERS _ ORDINANCES FOR 1 ST READING _ PROC. /CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 2ND READING _ BIDS/MOTIONS _ PUBLIC COMMENT _ RESOLUTIONS INFORMATION ONLY ELEC. OFFICIALS MATTERS AGENDA ITEM TITLE: WZ -99 -13 /Carey SUMMARY/RECOMMENDATION: Approval of a zone change from R -1, Residential -One to R -2, Residential -Two at 3601 Kipling Street. ATTACHMENTS: 1)P.C. 12 -16 -99 Report 2)P.C. Minutes for 12 -16 -99 Hearing 3)Council Bill No. 2 -2000 ITEM: Yes Fund Dept /Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation 01 Yes No SUGGESTED MOTIONS: Option A: "I move that Council Bill No. 2 -2000 for Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential -One to R -2, Residential -Two, for property located at 3601 Kipling Street, be APPROVED for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35` Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35` Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval." With the following conditions: The north driveway, when it is paved, be on the owner's property. There will be no more than two access points on the property, preferably one on Kipling Street and one on West 35` Avenue. Option B: "I move that Council Bill No. 2 -2000 for Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential -One to R -2, Residential -Two, for property located at 3601 Kipling Street, be DENIED for the following reasons: 1. 2." CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: February 14, 2000 WZ -99 -13 / Carey DATE PREPARED: February 2, 2000 CASE MANAGER: Mary Austin Approval of a zone change from R -1, Residential -One to R -2, Residential -Two. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): 3601 Kipling Street Ryan and Maureen Carey 3601 Kipling St. Wheat Ridge, CO 80033 Same as Above APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN 14,000 square feet R -1, Residential -One Single Family Residence N: R -3A, Residential -Three A W: R -2, Residential -Two S: R -1, Residential -One E: PCD, Planned Commercial Development N: Multi- Family Residential, W: Duplex S: Single- Family Residential and E: Vacant Single Family Residential & Existing Duplex. DATE PUBLISHED: January 21, 2000 DATE POSTED: January 31, 2000 DATED LEGAL NOTICES SENT: January 31, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SLIDES ( ) SUBDIVISION REGULATIONS (X) EXHIBITS ( 1 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 The applicant is requesting approval of a zone change from R -1, Residential -One to R -2, Residential -Two for property located at 3601 Kipling St. The purpose of the request is to convert an existing single family residence into a duplex. There will be no negative impact to the surrounding area. The conditions of the surrounding neighborhood, particularly the north side of W. 35" Ave., are conducive to a residential use that is more intensive than single family. The existing land use of directly abutting properties are multi- family (north) and duplex (west). II. AGENCY REFERRALS All outside service agencies that currently serve the property will continue to serve the property when converted to a duplex. Any additional utility meters or taps for the additional housing unit will be at the applicant's expense. The City's Traffic Engineer has worked with the applicant to reorganize the property access locations. The City's Public Works Department has approved the concept plan of closing the south driveway on Kipling St. and creating a new driveway on West 35` Ave. Since Kipling St. is a State Highway, a permit for closure of the south driveway will be needed from the Colorado Department of Transportation (CDOT). CDOT is in agreement with the proposed removal of the south driveway. III. REZONING CRITERIA Section 26 -6 (C) (3) of the Code of Laws requires that Council make the following determinations in considering requests for a change of zone (rezoning). 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. 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. 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. 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. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. 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. 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. 8. That the property cannot reasonably be developed under the existing zoning conditions. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 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. IV. PLANNING COMMISSION ACTION A Planning Commission public hearing was held regarding this case on December 16, 1999. A recommendation of Approval was given for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35` Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35` Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval." With the following conditions: 1. The north driveway, when it is paved, be on the owner's property. 2. There will be no more than two access points on the property, preferably one on Kipling Street and one on West 35` Avenue. In response to the first condition recommended by the Planning Commission, Mr. Carey has provided updated information. The north driveway on Kipling Street was shown on the site plan as being of gravel material when in fact it is paved with asphalt between the street and the concrete portion near the residence. In order to relocate this driveway by any amount, the applicant would be subject to the Colorado Department of Transportation's (CDOT) access permit process and would incur the costs associated with reconstructing the curb cut. This would be financially burdensome to the applicant. Since the driveway is currently paved to its connection with Kipling Street, there would be little benefit achieved with an alteration of the location. Staff suggests eliminating this condition. The applicant has agreed to Condition No. 2. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 16, 1999 DATE PREPARED: December 9, 1999 CASE NO. & NAME: WZ -99 -13 / Carey CASE MANAGER: Mary Austin ACTION REQUESTED: Approval of a zone change from R -1, Residential -One to R -2, Residential -Two. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): .../ U . PRESENT ZONING: PRESENT LAND USE: �30 all @111100113 IffirweIN 10 SURROUNDING LAND USE: COMPREHENSIVE PLAN DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS ( ) OTHER 3601 Kipling Street Ryan and Maureen Carey 3601 Kipling St. Wheat Ridge, CO 80033 Same as Above 14,000 square feet R -1, Residential -One Single Family Residence N: R -3A, Residential -Three A S: R -1, Residential -One W: R -2, Residential -Two E: PCD, Planned Commercial Development N: Multi- Family Residential, W: Duplex S: Single- Family Residential and E: Vacant Single Family Residential & Existing Duplex. November 26, 1999 December 2, 1999 November 22, 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. AT TACHMENT I �- I. REQUEST The applicant is requesting approval of a zone change from R -1, Residential -One to R -2, Residential -Two for property located at 3601 Kipling St. The purpose of the request is to convert an existing single family residence into a duplex. II. CASE ANALYSIS The property in question is approximately 14,00 sq. ft. in size and fronts on both Kipling St. (east) and 35 ' Ave, (south). (Exhibit A, Vicinity Map). The property is currently zoned R -1, Residential -One, as is the property to the south, across 35' Ave. The adjacent property to the west is zoned R -2, Residential -Two, which is the district being requested by the applicant. The adjacent property to the north is zoned R -3A, Residential -Three A. The property across Kipling St., to the east, is zoned for a Planned Commercial Development and is currently vacant. Most of the immediate surrounding neighborhood is developed in multi- family use. In the proposed R -2, Residential -Two district, two - family dwellings are listed as a permitted principal use, if a property is a minimum of 12,500 sq. ft. in area and has 100' in lot width. A rezoning of the property would consequently allow the owner to convert the structure into a duplex, as proposed. The property does meet the minimum lot requirements of the proposed R -2 district. The current Wheat Ridge Comprehensive Plan identifies the land use for the area as single family and existing duplex dwelling units. Since the existing use is not as a duplex but as a single family home, the proposed rezoning is not consistent with the designation of the Comprehensive Plan. However, the conditions of the surrounding neighborhood, particularly the northwest quadrant, are conducive to a residential use that is more intensive than single family. The property in question is the only lot in the adjoining neighborhood on the north side of 35' Ave. that is zoned for and used as a single family residence. The existing land use of directly abutting properties are multi - family (north) and duplex (west). The applicant has submitted a site plan (Exhibit B) for the conversion of the single family home into a duplex. Currently, the single family home has two access drives off of Kipling St. Proposed plans for the site include removing the south driveway on Kipling St. and creating a new access, for the second housing unit, on 35' Ave. Additionally, there are proposed landscaping improvements including the removal of concrete pavement on the east and west side and replacement with plantings and brick patios. III. NEIGHBORHOOD MEETING The meeting for neighborhood input was held on November 3, 1999, on site at the property. In attendance were: Planning Commission WZ -99 -13 /Carey Page 2 Ryan and Maureen Carey - applicant Meredith Reckert - Senior Planner for the City Mary Jane Harper - 10150 West 35"' Ave. Shirley Foss - 10100 West 35' Ave. Dick & Karen O'Neil - 10050 West 35' Ave. Mary Margaret Coates - 9835 West 35 " Ave. The proposed use of the property and general site conditions were discussed. All of the individuals at the meeting were in support of the proposed zone change to Residential -Two and the use of the property for a duplex dwelling. Reaction to the planned landscaping improvements was particularly favorable. In addition, the following property owners did not attend the meeting, but contacted the owner via telephone. These individuals all indicated that they felt the change in zone and conversion of the existing single family home into a duplex was appropriate for the property. They had no concerns with the requested zone change. Rosemary Miks - 9855 West 34 Dr. Patricia Lounders - 3685 Kipling St. Charles (Chuck) Svoboda - 9860 West 34 " Dr. Sue Bucci - 10095 West 35` Ave. Lawrence (Larry) Peters - 9810 West 34' Dr. IV. AGENCY REFERRALS All outside service agencies that currently serve the property will continue to serve the property when converted to a duplex. Any additional utility meters or taps for the additional housing unit will be at the applicant's expense. The property currently has two access points on Kipling St. The City's Traffic Engineer has worked with the applicant to reorganize the property access locations. The final version for access proposes closure of the south driveway on Kipling St. and creates a new driveway on West 35' Ave. The City's Public Works Department has approved this concept plan. Since Kipling St. is a State Highway, a permit for closure of the south driveway will be needed from the Colorado Department of Transportation (CDOT). V. 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. Planning Commission WZ -99 -13 /Carey Page 3 There is no mistake on the City of Wheat Ridge 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. The surrounding neighborhood on the north side of West 35th Ave. has developed with duplexes and multi - family uses. Due to its corner location with frontage access on Kipling, the single family home on the property does not really function as an integral part of the single family neighborhood to the south. The proposed rezoning would allow West 35th Ave. to act as a boundary for the area. A more intensive residential would be in place on the north side of West 35th Ave., with the south side remaining in less intensive single family residential use. 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 future land use map designates that this property should be used for Single Family Detached Residential and Existing Two Family Conforming Structures and Lots (Not to Exceed 6 dwelling units per acre). The existing structure is not presently used as a duplex, therefore the proposed rezoning would be inconsistent with this designation. However, Staff has concluded that there are neighborhood conditions which have rendered the property undesirable for low density single family use. Pursuant to Section 26 -6(C), if a proposed rezoning, "is not consistent with the comprehensive plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general." A goal of the Comprehensive Plan is to "promote neighborhood planning by recognizing the unique character of each neighborhood, while acknowledging their collective contribution to the community as a whole ". The proposed rezoning would be consistent with this goal by recognizing the character of the surrounding neighborhood. The property in question is one remaining lot in the immediate surrounding neighborhood on the northwest corner of Kipling St. and West 35 ' Ave. that is zoned for and used as a single family residence. 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. The property in question is abutted on the west by Residential -Two zoning and an existing duplex unit. It is abutted on the north by Residential -Three A zoning and a multi- Planning Commission Page 4 WZ -99 -13 /Carey �J 1 family development. Therefore, the proposed duplex use would be compatible with the immediate surrounding area. The addition of one housing unit will have minimal adverse impacts on the neighborhood. A benefit will be achieved by closing one of the access points on Kipling St. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. Physical benefits could be derived through the site improvements such as landscaping and revised access locations. 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 agencies are currently serving the property and can continue to do so with any necessary improvements constructed at the developers expense. 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 a small amount of additional traffic generated with the additional housing unit. Based on industry standard, a typical residence will generate 10 -12 trips per day. The minor increase in traffic will be mitigated by the closing of a driveway on Kipling St. and moving it to 35' Ave. The applicant has proposed to convert the existing single family home on the site to a duplex without physically expanding the structure. Therefore, no impact will be made which would reduce light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. Under the current zoning of Residential -One, the property could continue to be used as a single family residence. However, since the property is adjacent to duplex and multi- family uses and fronts on a major street (Kipling St.) staff questions the suitability of the location for a single family home. Kipling St. is classified as an arterial street and carries over 37,000 cars per day (1998 count). 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not a concern since the proposed zoning district of Residential -Two is the Planning Commission Page 5 WZ -99 -13 /Carey lq— same as the adjacent property to the west. The proposed rezoning will actually be an expansion of the adjacent Residential -Two district. 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 proposed rezoning will fill a necessary service, product, or facility. However, this request will bring the property into a use similar to the duplex and multi - family uses on the immediately adjacent properties to the west and north sides. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that, although inconsistent with the Comprehensive Plan designation, there are changed conditions in the area which have made the continued use of the property as a single family home undesirable. The proposed rezoning is consistent with the goal of recognizing the unique character of each neighborhood. In this case, the character of the surrounding neighborhood is conducive to the rezoning. Furthermore, the proposed change to property access, by removing one the access points on Kipling St., is agreeable. Therefore, staff recommends Approval of Case No. WZ- 99 -13. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential -One to R -2, Residential -Two, for property located at 3601 Kipling Street, be APPROVED for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35` Avenue. 2. The reorganization of property access by closing a driveway, on Kipling Street and moving it to West 35` Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval." Option B: "I move that Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential -One to R -2, Residential -Two, for property located at 3601 Kipling Street, be DENIED for the following reasons: The proposed rezoning is not in conformance with the City of Wheat Ridge Comprehensive Plan." Planning Commission WZ -99 -13 /Carey Page 6 P �1' G -1 P� PAFK PGD w T ' Hc- -Pi Jr H 4 lo w l 9 N "f 1,4 WF ;t " y � ✓ x � P` N v o, T g o Q 3zrs 8 S � q,•A.. - R sua 3135 _ n i Y • �•••••� 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION ZONE DISTRICT BOLNDRY PARCEL/LOT BOLNDRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE - -- WATER FEATURE * DENOTES MULTIPLE ADDRESSES OEEI GI AL ZONING MAR WHEAT RIDGE GOLORADO MAP ADOPTED: June I5, 1994 t Last Revision: Jawa y 9, 1995 Y �{ 3 E XHIBIT A F WZ�IS -10 HC�ITAL P� PAFK PGD w T ' Hc- -Pi Jr H 4 lo w l 9 N "f 1,4 WF ;t " y � ✓ x � P` N v o, T g o Q 3zrs 8 S � q,•A.. - R sua 3135 _ n i Y • �•••••� 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION ZONE DISTRICT BOLNDRY PARCEL/LOT BOLNDRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE - -- WATER FEATURE * DENOTES MULTIPLE ADDRESSES OEEI GI AL ZONING MAR WHEAT RIDGE GOLORADO MAP ADOPTED: June I5, 1994 t Last Revision: Jawa y 9, 1995 Y �{ 3 E XHIBIT A "N COLORADO ENGINEERING NO. 99-5115 C SURVEYING INC (CAREY) 3470 So. Sherman St., Suite 2 • Englewood, Colorado 00110 • 761 -8055 SCALE 1" - Zo Surveying Colorado Since 1972 • FAX: 761 -0841 =p:- 3ss Z H C�NC42M WAVE 1s oF- of suBJec:.T P�aP�2Ty 3 -4 ----- - - - - -- ----- - - -- -- _ and CGNC�E 1 2 I, I 0 0 C � D2 •� y' -'5 ) 1 -f - P•orz of i�oT 5 �J�1lE1pD � �O,NGRE I(� L_- to 36 q No2Tli t 4.3' 12 1 Q , 7 . D' / V MVE C, Q- U 1ZS Ua' -- I,.j E5"T — 114 ^V EN VF= LEGAL DESCRIPTION: LOT 5 EXCEPT THE WEST 160 FEET THEREOF AND THE EAST 15 FEET THEREOF, ELLER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ALSO KNOWN AS 3601 KIPLING ST ///� J , C NSUSTRACT I O�, �� 1 EX H' B' T B /.(�� FLOOD CE RTIFILATION � 1 This community dggS ponicipeta in the National Flootl 0 J' I� V' Z w �I to to C, Q- U 1ZS Ua' -- I,.j E5"T — 114 ^V EN VF= LEGAL DESCRIPTION: LOT 5 EXCEPT THE WEST 160 FEET THEREOF AND THE EAST 15 FEET THEREOF, ELLER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ALSO KNOWN AS 3601 KIPLING ST ///� J , C NSUSTRACT I O�, �� 1 EX H' B' T B /.(�� FLOOD CE RTIFILATION � 1 This community dggS ponicipeta in the National Flootl 0 J' I� V' Z w �I to e LEGEND FOR SITE PLAN! O Additional concrete section for driveway to improve turn- around Remove concrete drive and door entryway © Install new driveway for north duplex unit O Install brick paver entryway & stairs from driveway U E Install brick paver entryway G Install shrubs, plantings, and trees O Install grass and sprinkler system in front yard 0 Install shrubs /plantings T ) Remove entire concrete patio © Install deck Install brick paver patio �® Install grass and sprinkler system in back yard 5 5) Install numerous trees and shrubs in back yard _. eq °f WHEg LAND USE CASE PROCESSING APPLICATION WHrg Planning and Development Department mi 7500 West 29th Avenue, Wheat Ridge, CO 80033 ° ot oR no Phone(303)235-2846 co oR pD o (Please print or type all information) Applicant 1 �14f4 "ETA G'Amp -y Address 36°/ KrPLiN4 Sr. Phone 7Z° "3-7 / -Z7 City (A) HIE Ar d L o 8oc °R 3 °3 9/ -30 � Owner SAME AS /1PPctcAN r one City Location of request (address) 360 / KIF4-1^'4 ST. Type of action requested (check one or more of the actions listed 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 ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: REZONE 3 &Ot KIPLINU F /ZcM Rl 1 RZ so TNAr OWELL(NG /444 g( G.,vvtRrEp To A DVFLEx• SEE ATr'A LNEO 4-ErrE1 F A, P e, 1- GLTAi cS. Fill out the follow information to the best of your knowledge. Current Zoning: I Size of Lot (acres or square footage):— / %000 f� a Current use: SrNaLE FRMr�Y RE5'06N -E Proposed use: 'rwo AA I y R[S 1 E., cE y ✓Pi Assessors Parcel Number: 37 Z / 0 1 - 7 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 - attorney fro ner which approved of this action on his behalf. Signature of Applican Subscribed and sworn to me this L 2 day of e04,"07C 19 99 Notary Public My commission expires Date received J -1 5 99 Receipt No.— Y 9 Case No. Ii R — Related Case No. 016 Zoning Quarter Section Map o/ 3y EXHIBIT C Dcco a�' RECEPTION NO. ,0946036 9/17/1999 1403:52 PG: 001 -001 PAGE FEE: 5.00 DOC.FEE: 13.50 RECORDED IN JEFFERSON COUNTY, COLORADO WARRANTY DEED THIS DEED, Made this 10th day of September, 1999, between Jeane M. Rhodes and Lawrence D. Rhodes of County of v o 0 ,t0o—` , Stz. of e4-tD7,Odp , grantor, and Ryan T. Carey and Maureen E. Carey, Joint Tenants whose Iegai address is,. grantee: 3( i �b 1 a - WITNESSETH, That the grantor for and in cons-t' atiou of the sum of One Hundred Thirty -Five Thousand and 00 /100 ($135,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, simate, lying and being in die County of Jefferson and Sure of Colorado described as follows: w w LL ou ou U O O- � W H N F VJ Lot 5, Except the West 160 feet thereof, and the East 15 feet thereof, Eller Subdivision County of Jefferson, State of Colorado as known by street and number as: 3601 Mpling Street, Wheat Ridge, Co 80033 -5738 TOGETHER with all and singular the herediraments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, reno, issues and profits thereof, and all the estate, right. title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with ate appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenants, grant, bargain, and agree to and with the grantee, his heirs, and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey die same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except General taxes for the year 1999 and subsequent years and subject to easements, restrictions, reservations, covenants and fights of way of record, if any. The gran., shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming die whole or any part thereof. The singular number shall include the plural, the plum[ the singular, and the use of any gender shall be applicable to all genders. W WITNESS WHEREOF, the grantor has executed this deed on the date set both above. Lawrence D. Rhodes A STATE OF RADO County of 1/ - Y The foregoing jnswm t was acknowle y of September, 1999, by Jeane M. Rhodes and Lawrence D. Rhodes. ,ttnJ C • •1. aht" c-e_. My Commission Expires: . Witness my hand and official seal. • O �FOF Notary Public W V Wall EON IQZ= EXHIBIT D DRAFT PUBLIC HEARING A. Case No. WZ- 99 -13: Application by Ryan and Maureen Carey for approval of a zone change from Residential -One to Residential -Two for the purpose of converting an existing single - family residence into a duplex on property located at 3601 Kipling Street. This case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Ms. Austin advised the Commission that there was jurisdiction to hear the case. She reviewed the criteria involved in evaluation of a zoning change request. A neighborhood meeting was held concerning this request and all in attendance were in favor of the application. There have been no protests registered against the request. Staff recommended approval of the application for reasons outlined in the staff report. Commissioner THOMPSON expressed concern about the difficulty of regaining an access onto Kipling once it is removed. Alan White explained that new access permits would have to be obtained from the Colorado State Department of Transportation. Mary Austin commented that it would be extremely difficult to obtain another access once it is closed. In response to a question from Commissioner COOPER, Mary Austin replied that there was sufficient room for vehicles to turn around in the driveway rather than backing onto Kipling. Commissioner DOYLE expressed concern about the elevations for the driveway proposed to have access from 35th Avenue and drainage problems that would result. He suggested it might be more practical to eliminate the planned access from 35th and keep both access points onto Kipling. Mary Austin replied that there are grade problems which need to be worked out and that steps are planned from the driveway to the residence to accommodate the slope. Maureen Carey 3601 Kipling Street Ms. Carey, the applicant, was sworn in by Chair MACDOUGALL. She stated that she and Mr. Carey felt it was best to eliminate one of the driveways with access to Kipling and replace it with a driveway off of 35th because of the heavy volume of traffic on Kipling. She stated that there are drainage problems from 35th at this time. She explained that there had been a lip along 35th to prevent water draining onto their property which was destroyed by heavy construction traffic along 35th. They would like to have this lip replaced. They also plan to do some regrading to alleviate drainage problems. Commissioner THOMPSON expressed concern that if the driveway off of 35th could not be engineered to be acceptable in terms of grading, etc., that the applicant not lose the right to have two access points onto Kipling. Commissioner COLLINS suggested an option of planting in the second driveway off of Kipling in order to keep the access for future use. Planning Commission Minutes Page 2 December 16, 1999 ATTACHMENT 2 Commissioner DOYLE suggested that the paving of the driveway on the north end take place only on the owner's property. There seems to be four feet of driveway that are not on the owner's property. It was moved by Commissioner DOYLE and seconded by Commissioner COLLINS that Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential One to R -2, Residential Two, for property located at 3601 Kipling Street, be approved for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35th Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35th Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval. With the following conditions: 1. The north driveway, when it is paved, be on the owner's property. 2. There will be no more than two access points onto the property, preferably one on Kipling Street and one on West 35th Avenue. The motion carried by a vote of 5 -0 with Commissioners BRINKMAN, GOKEY and SNOW absent. 8. CLOSE THE PUBLIC HEARING Chair MACDOUGALL declared the public hearing portion of the meeting to be closed. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS There was no new business to discuss. 11. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no reports. 13. ADJOURNMENT It was moved by Commissioner COLLINS and seconded by Commissioner COOPER that the meeting be adjourned at 8:35 p.m. The motion passed unanimously. Planning Commission Minutes Page 3 December 16, 1999 INTRODUCED BY COUNCIL MEMBER LAI Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REZONING FROM RESIDENTIAL -ONE TO RESIDENTIAL - TWO FOR PROPERTY LOCATED AT 3601 KIPLING STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (WZ- 99 -13) 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 -13 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 R -1 zone district and to include in the R -2 zone district the following described land: Lot 5 except the West 160 feet thereof and the East 15 feet thereof, Eller Subdivision. County of Jefferson, State of Colorado. Also known as 3601 Kipling Street. Approximate area is 14,000 square feet. Section 2. Conditions: 1. The north driveway, when it is paved, be on the owner's property. 2. There will be no more than two access points onto the property, preferably one on Kipling Street and one on West 35th Avenue. 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. 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 2000, 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 , 2000, 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 2000. SIGNED by the Mayor on this day of 2000. GRETCHEN CERVENY. MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\BmbmkCCRPTS \RESD- ORD\wz9913 wpd 000199 ST ATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 6 Traffic Access /Utilities Permits 5640 East Atlantic Place Denver, Colorado 80224 (303) 757 -9886 February 2, 2000 FAX (303) 757 -9904 Ryan T. Carey P.O. Box 186 Boulder, Colorado 80306 RE: 3601 KIPLING ST. (SH391), WHEAT RIDGE Dear Ryan: OT i� umnxi�wr w rxuawarwnwu The Colorado Department of Transportation (CDOT) is conceptually in agreement with the proposed removal of one access and keeping the second. CDOT has the following comments: 1. Removal of the access will require an access permit from the City of Wheat Ridge per section 2.3(3) of the State Highway Access Code. 2. Show dimensions of the remaining access. 3. Identify restorations within the State Highway right -of -way. If you have any questions, please contact me at (303) 757 -9886. Sincerely, N sa hat Sawag , P.E. Access Engineer NS /jc CC: J. Muscatell L. Lipp R. Jameson File (SH391) Steve Nguyen/Wheat Ridge RF 042NS020200.doc Page 1 of 1 'ACC WEST 29 7 H AVEi%UE F.O. BOX 638 - The City Of WHEAT RIDGE. CO 80G3 - -0636 .oCl G3 "51'00 G Wheat City Aamin. Fax 23- 592 PaliCe Dent Fax = 235 29 49 R C 1 ,.1 ll ge POSTING CERTIFICATI_O CASE NO. W Z 19` 3 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: � �gfl- agRd ZOO 0 . I, tin, T) nAS GAizv tn a m e) residing at - j Al 4 57 (a d d r e s s as the applicant for Case No. LA -' q q` /3 that I have posted the Notice of Public Hearing at 36o I llpj- iA,4 S-r" o c a t i o n , hereby certify on this 2 ! day of _ Sp,v ✓A (t j Z °o , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the ublic hear' on this case and will be placed in the applicant's case f' at the Department of Planning and Development. 7500 West 29th Avenue The City of Wheat Ridge. Colorado 80215 Wheat RidE FAX 303/235 -2857 January 28, 2000 Dear Property Owner: This is to inform you that Case No. WZ -99 -13 a request for approval of a zone change from Residential -One to Residential -Two for the purpose of converting an existing single - family residence into a duplex on property located at 3601 Kipling 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 February 14, 2000 at 7:00 p.m. 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 person whose presence is desired at this hearing. "If you are an adjacent property owner, you may have the right to file a legal protest against the application which would then require a 3 /4th majority vote of City Council to approve the request." Please contact the Planning and Development Department to determine if you have the right to file a legal protest. 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\PUBNOT1Chvz9913.wpd Q T O 5 W b0 5 U �i 0 m v > N �i N �l H � � U H E v N T v y a 0 z H a v c w W v � a � a c a N N � d N Q > .v u y ` m O a N w N 7 N o N - m O �Ea 0 a m � o � O N o a c E m 4 N w= # M M M M M M M M M " m ° o m rn m m m rn rn m rn x o m SK N m U rn N rn N rn N rn N m N rn N m N rn N m N N v U 0 0 _ N m N 10 m0 o. v N.c0 t) o Z ot0 rNO ° N N CO E(n0 �^ ' o N d N � ONO � rnU p�nU �inU M LL CU CLQ U_ N rnU IT (n ,� • N C C W a M Qj rn C N - UI 4 rn M 'O N rn m U1 N rn T Y Ul N rn , Z U c T O. OI @ O) ma sYa o2 r a ��a N v� . 5 EY a �2�a m m m o� K B E rn K N MR M� - 0 N Z6 N M L rn t N M s O L O L t J M s rn t N y pp �' cU O K�iw E A d H U r W N o 0 m rn rn m m rn rn rn m Q co rn m m rn rn rn rn rn rn _ rn m m W W o E m rn rn m rn rn U z z Wald O �Co 0 LL N a o Q Z o W Z z LO U a S i T O 5 W b0 5 U �i 0 m v > N �i N �l H � � U H E v N T v y a 0 z H A \ i ) ) ) \� 2\ ) 2 � )± \7 k k \} \!k k � ) ) § ) c } } \ § 2 -® � /§ S \ƒ!3 / - e::.: : .2 � / ! >) ««w { k§) \ b ■< / §�k } \ A \ i ) ) ) \� 2\ ) 2 CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 5 - Item 6. Council Bill 2 - An Ordinance providing for the approval of a rezoning from Residential -One to Residential -Two for property located at 3601 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ- 99 -13) (Ryan and Maureen Carey) Council Bill 2 was introduced on first reading by Mrs. Shaver, who also read the title. Motion by Mrs. Shaver that Council Bill 2 be approved on first reading, ordered published, public hearing be set for Monday, February 14, 2000 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. Edwards; carried 8 -0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Resolution 01 -2000 - amending the 2000 Budget for the Wheat Ridge Recreation Center Building Fund. Resolution 01 -2000 was introduced by Ms. Figlus, who also read the title and summary. Motion by Ms. Figlus for the adoption of Resolution 01 -2000; seconded by Mr. Edwards; carried 8 -0. Item 8. Local Drainage and Trail Improvement Project, RFB #99 -30. Item 8 was introduced by Mr. Mancinelli, who read the title and summary. Motion by Mr. Mancinelli that $130,000 be transferred from the Capital Unallocated fund into Acct. No. 30- 302 -833, Local Drainage. I further move that Bid Number 99 -30, Local Drainage and Trail Improvements Project, be awarded to Eaton -U in the amount of their bid of - $159,990.28. 1 further move that a force and contingency account be established in the amount of $15,999.03. 1 further move that an early completion incentive bonus (2% of their bid) of $3,199.81 be established for the contract. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $175,989.31. 1 further move that all costs associated with this contract be paid from Acct. No. 30- 302 - 800 -833 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series; seconded by Mr. Edwards; carried 8 -0. 7. PUBLIC HEARING A. Case No. WZ- 99 -13: Application by Ryan and Maureen Carey for approval of a zone change from Residential -One to Residential -Two for the purpose of converting an existing single - family residence into a duplex on property located at 3601 Kipling Street. This case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the property. All pertinent documents were entered into the record and accepted by Chair MACDOUGALL. Ms. Austin advised the Commission that there was jurisdiction to hear the case. She reviewed the criteria involved in evaluation of a zoning change request. A neighborhood meeting was held concerning this request and all in attendance were in favor of the application. There have been no protests registered against the request. Staff recommended approval of the application for reasons outlined in the staff report. Commissioner THOMPSON expressed concern about the difficulty of regaining an access onto Kipling once it is removed. Alan White explained that new access permits would have to be obtained from the Colorado State Department of Transportation. Mary Austin commented that it would be extremely difficult to obtain another access once it is closed. In response to a question from Commissioner COOPER, Mary Austin replied that there was sufficient room for vehicles to turn around in the driveway rather than backing onto Kipling. Commissioner DOYLE expressed concern about the elevations for the driveway proposed to have access from 35th Avenue and drainage problems that would result. He suggested it might be more practical to eliminate the planned access from 35th and keep both access points onto Kipling. Mary Austin replied that there are grade problems which need to be worked out and that steps are planned from the driveway to the residence to accommodate the slope. Maureen Carey 3601 Kipling Street Ms. Carey, the applicant, was swom in by Chair MACDOUGALL. She stated that she and Mr. Carey felt it was best to eliminate one of the driveways with access to Kipling and replace it with a driveway off of 35th because of the heavy volume of traffic on Kipling. She stated that there are drainage problems from 35th at this time. She explained that there had been a lip along 35th to prevent water draining onto their property which was destroyed by heavy construction traffic along 35th. They would like to have this lip replaced. They also plan to do some regrading to alleviate drainage problems. Commissioner THOMPSON expressed concern that if the driveway off of 35th could not be engineered to be acceptable in terms of grading, etc., that the applicant not lose the right to have two access points onto Kipling. Planning Commission Minutes Page 2 December 16, 1999 Commissioner COLLINS suggested an option of planting in the second driveway off of Kipling in order to keep the access for future use. Commissioner DOYLE suggested that the paving of the driveway on the north end take place only on the owner's property. There seems to be four feet of driveway that, are not on the owner's property. It was moved by Commissioner DOYLE and seconded by Commissioner COLLINS that Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential One to R -2, Residential Two, for property located at 3601 Kipling Street, be approved for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35th Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35th Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval. With the following conditions: 1. The north driveway, when it is paved, be on the owner's property. 2. There will be no more than two access points onto the property, preferably one on Kipling Street and one on West 35th Avenue. The motion carried by a vote of 5 -0 with Commissioners BRINKMAN, GOKEY and SNOW absent. 8. CLOSE THE PUBLIC HEARING Chair MACDOUGALL declared the public hearing portion of the meeting to be closed. 9. OLD BUSINESS There was no old business to discuss. 10. NEW BUSINESS There was no new business to discuss. 11. COMMISSION REPORTS There were no commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no reports. Planning Commission Minutes Page 3 December 16, 1999 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: December 16, 1999 CASE NO. & NAME: WZ -99 -13 / Carey ACTION REQUESTED: proval of a zoi Residential -Two. WC v\:1 CATION OF REQUESTS NAME & ADDRESS OF APPLICANT(S)S * Owner DATE PREPARED: December 9, 1999 CASE MANAGER: Mary Austin 1, Residential -One to R -2, 3601 Kipling Street: Ryan and Maureen Carey 3601 Kipling St, Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Same as Above A ,-.may avt P4A APPROXIMATE AREA: PRESENT ZONINGt` 14;000 square fear R;1, Residential -One SURROUNDING ZONING: N: R -3A; Residential -Three A S; R -1; Residential - One,., W: R -2, Residential -Two �e csc� 1 Can+w�o v se ' S E: PCD Planned Commercial Development SURROUNDING LAND USE:, N:;Multi- Family Residential, Wv Duplex:? S: Single- Family Residential and Et. Vacant:. COMPREHENSIVE PLAN; Single Family Residential & Existing Duplex. —� DATE PUBLISHED: —� DATE POSTED: - "> DATED LEGAL NOTICES SENT: —> ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS ( ) OTHER November 26, 1999 December 2, 1999 November 22, 1999 (X) CASE FILE & PACKET MATERIALS ( ) SLIDES (X) EXHIBITS /� JUl�1VL11.11V1 \. ��+n_ \G��C/' 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 zone change from R -1, Residential -One to R -2, Residential -Two for property located at 3601 Kipling St. The purpose of the request is to convert an existing single family residence into a duplex. pcaQes II. C A NALYSIS The property in question is approximately 14,00 sq. ft. in size and fronts on both Kipling St. (east) and 35 ' Ave, (south). (Exhibit A, Vicinity Map). The property is currently zoned R-F, Residential -One; as is the property to the south, across 35' Ave. The adjacent property to the west is zoned R -2, Residential -Two; which is the district being„ requested by the applicanoThe adjacent property to the north is zoned R -3A, Residential- Three A.iThe property across Kipling St., to the east, is zoned for a Planned Commercial Development and is currently vacant. Most of the immediate surrounding neighborhood is developed in multi = family use. "' In the proposed R -2, Residential -Two district, two - family dwellings are listed as a permitted principal use, if a property is a minimum of 12,500 sq. ft. in area and has 100' in lot width: A �� " " j ezonmg of the property would consequently allow the owner to convert the structure into W duplex as proposed: The property does meet the minimum lot requirements of the proposed R -2 district. The current Wheat Ridge Comprehensive Plan identifies the land use for the area as single family; . and existing duplex dwelling units. Since the existing use is not as 'a duplex but a single family home rezoning is not consistentwith tides gnation,of the Comprehensive Plan. However, the conditions of the surrounding neighborhood, particularly the northwest quadrant; are conducive to a residential use that is more intensive than single family+. The property in s r l question is the only lot in the adjoining neighborhood on the north side of 35' Ave. that is zoned t° for and used as a single family residence. The existing land use of directly abutting propert ies are sw Flo l,l multi- family (north) and duplex (west).-' S �^ The applicant has submitted a site plan (Exhibit B) for the conversion of the single family home into .a duplex. Currently, the;single family home has two access drives off of Kipling St , Proposed plans for the site include removing the south driveway on Kipling Stfand creating a new access, for the second hou ing� t, on 35' Ave- Additionally, there ar4i* posed landscaping improvements I i e removal of concrete pavement on the east and west side and replacement with plantings and brick patios. III. NEIGHBORHOOD MEETING ` .4 The meeting for neighborhood input held on November 3, 1999, on site at the property. In attendance were: Planning Commission Page 2 WZ -99 -13 /Carey Ryan and Maureen Carey - applicant Meredith Reckert - Senior Planner for the City Mary Jane Harper - 10150 West 35 " Ave. Shirley Foss - 10100 West 35 Ave. Dick & Karen O'Neil - 10050 West 35` Ave. Mary Margaret Coates - 9835 West 35` Ave. The proposed use of the property and general site conditions were discussed. All of the individuals at the meeting were in support of the proposed zone change to Residential -Two and the use of the property for a duplex dwelling. Reaction to the planned landscaping improvements was particularly favorable. to �r�upe aS addition, t e, f lowing property owners did not attend the meeting, but caxiact - ed `e owr rf velephone se individuals all ind that felt the change in zone and conversion of n the existing single family home into a duplex was appropriate for the property. They had no concerns with the requested zone change. Rosemary Miks - 9855 West 34' Dr. Patricia Lounders - 3685 Kipling St. Charles (Chuck) Svoboda - 9860 West 34 ' Dr. Sue Bucci - 10095 West 35' Ave. Lawrence (Larry) Peters - 9810 West 34` Dr. IV. AGENCY REFERRALS All outside service agencies that currently serve the property will continue to serve the property when converted to a duplex. Any additional utility meters or taps ^for the additional housing unit will be at the applicant's expense. The property currently has two access points on Kipling St. The City's Traffic Engineer has worked with the applicant to reorganize the property access locations. The final version for access proposes closure of the south driveway on Kipling St. and creates 'a new driveway on '? West 35"' Ave:' The City's Public Works Department has approved this concept plan. Since Kipling St. is a State Highway, a permit for closure of the south driveway will be needed from the Colorado Department of Transportation (CDOT). u(C 9oT c1w V. 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. Planning Commission Page 3 WZ -99 -13 /Carey There is no mistake on the City of Wheat Ridge 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. The surrounding neighborhood on the north side of West 35th Ave. has developed with duplexes and multi - family uses: Due to its corner location with frontage access on Kiplin& single family home on the property does not really function ass an integral part of the single family neighborhood to the south. The proposed rezoning would allow West 35th Ave. to act as a boundary for the area. A more intensive residential would be in place on the north side of West 35th Ave., with the south side remaining in less intensive single mrl residential use C intensive � •; fa y e nocar '4+ivvCJ r 9 .1 'tk 6 = Ka1 Y 3. That the change of zonc� 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. TV he'Comprehensive Plan future land use map designates that this property should be used for Single Family Detached Residential and Existing Two Family Conforming Structure's and Lots (Not to Exceed 6 dwelling units per acre). The existing structure is not presently used as a:duplex, therAMhe proposed rezoning would onsistent with this designation', However, Staff has concluded there +are neighborhood conditions which have rendered the property undesirable for low density single family use-. Pursuant to Section 26 -6(C), if a proposed rezoning, "is not consistent with the comprehensive plan, then the request may only be approved if the applicant demonstrates that the request is justified because of changed or changing conditions in the particular area or in the city in general." A goal of the Comprehensive Plan is to "promote neighborhood planning by recognizing the unique character of each neighborhood; while acknowledging their collective contribution to the commuru�t y as a whole ". The proposed rezoning would be consistent with this goal by:A!4�the, character of the surrounding neighborhood. The s , property in question is one remaining login the immediate surrounding neighborhood on the northwest corner of Kipling St. and West 35' Ave.'that is zoned for and used as w single family residence. 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. The property in question is abutted on the west by Residential -Two zoning and an existing duplex unit. It is abutted on the north by Residential -Three A zoning and a multi- Planning Commission Page 4 WZ -99 -13 /Carey family development. Therefore, the proposed duplex u would be compatible with the immediate surrounding area: Th,��. ddition of on N"Rg unit will have minimal adverse impacts on the neighborhoodX'benefit will be achieved by closing one of the access points on Kipling St 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. $ysi���` e� r s could be derived ough the site improvements such as landscaping and' "accelocations. >: 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 agen 'es are currently serving the property and can continue to do so with any improvements oe�1t the;developers expense. 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 a small amount of additional traffic generated with the additional housing unit. Based o ustrystandard,,a ical residence generateitO = °12 trips per day. The minor increase in traffic will be mitigated by the closing of a driveway on Kipling St' and moving it to 35' Ave. ((11 �,�`l�'aa. CMVexR'e3C The applicant has proposed to convert the existing single family home on the site to a duplex without physically expanding the structure. Therefore, no impact will be made which would reduce light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. l►7i:�Tnr`l�" Under the current zoning of Residential- One �the p operty could continue to be used as a- single family residence. However, since the property is adjacent to duplex and multi family uses and fronts on a major street ( Kipling St.) staff questions the suitability of the location for a single family home Kipling St. is classified as an arterial street and carries over 37,000 cars per day (1998 count). 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Spot zoning is not a concern since the proposed zoning district of Residential -Two is the Planning Commission Page 5 WZ -99 -13 /Carey same as the adjacent property to the west. The proposed rezoning will actually be an4 expansion of the adjacent Residential -Two district.`' 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. t It is mpossible for staff to ascertain whether the proposed rezoning will fill a necessary service, product, or facility. However, thift will bring the property into a use =, similar to the duplex >and multi- family uses on the immediately adjacent properties to the west and north sides. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff oncludeithat,'although inconsistent with the Comprehensive Plan designation; there are changed conditions in the area which have made the continued use of the property as a single family home undesirable. The proposed rezoning is consistent with the goal of recognizing the unique character of each neighborhood. In this case, character of the surrounding neighborhood 's conducive to the rezoning. Furthe the proposed change to property access, byremov �e e ..- � s owKipling St., is agreeable. Therefore, staff recommends Approval 0,i Case No. WZ -99 -13 VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential -One to R -2, Residential -Two, for property located at 3601 Kipling Street, be APPROVED for the following reasons: 1. Conversion of the existing single family home to a duplex would be more consistent with the surrounding land uses on the north side of West 35' Avenue. 2. The reorganization of property access by closing a driveway on Kipling Street and moving it to West 35' Avenue is beneficial to traffic flow in the area. 3. The evaluation criteria support approval." k. Option B: "I move that Case No. WZ- 99 -13, a request for approval of a zone change from R -1, Residential -One to R -2, Residential -Two, for property located at 3601 Kipling Street, be DENIED for the following reasons: The proposed rezoning is not in conformance with the City of Wheat Ridge Comprehensive Plan." Planning Commission Page WZ -99 -13 /Carey Dec -15 -99 11:15A DEVREVFAX 303 235 2857 P.13 "[c'.VEST _--' AHED \C.. 0. sox 636 The City of WHAT RIDGE. CO 5CO34 =" �3'. <_� -SB�C - G [ Wheat C,IV Aa1 in Fax = 23a592� Pc' Deot. Fax - 235.29 -9 Ridge POSTING CERTI'ICATION CASE NO. PLANNING COMMISSION - CITY COUNCIL - 120ARD OF ADJUSTMENT (Circle One) HEARING DATE: OeC.. ((o, t`t4g I- �(uurse.s -1 CC.re.j _ (n a m e residing at 3601 [CCP1, ''(a d c3 r e s s) as the applicant for Case No. WZ -9 9 -I3 cpyP�/ hereby certify that I have posted the Notice of Publ.L; Hearing at (1. C a t o n) on this s7 I day of Decew.b -,rZ, 19 91 and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was pasted in the position shown on the map below. Signature. Cc.z NOTE: This form must be submitted at t e public hearing on is case and will be placed in the appl.cant's case file at the Department of Planning and Development. 7M A F <pc >postingcert rev. 05 -19 -94 7500 West 29th Avenue Wheat Ridge, Colorado FAX 303/235 -2857 November 29, 1999 Dear Property Owner: The City of Whe at Ridge This is to inform you that Case No. WZ -99 -13 a request for approval of a zone change from Residential -One to Residential -Two for the purpose of converting an existing single - family residence into a duplex on property located at 3601 Kipling 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 December 16, 1999 at 7:30 p.m. 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 person 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 \wz9913.wpd d d m m N � a V U m � a d j O Z dl d m KI >l KI j O o C 1%1 N - m . .° N O 0 a � w U L d d m.0 c E m y r a e m u Q N IL M M T M M M M M M W Q m ', - L .� m(nO 'C $'—"m ?m0 NNO dm �d 200 =L0 Uu7U CCU zL0 O�U m=0 ��U IL CU Q O mmU =NU mcU m CL Mm N' N 'O N m N TYW �ZU �a=.ry CMN LYa M d adi¢ m 'OK �O a �Ya c�K , UO� VINK LMd' d� Q �.0w {Q -Q d-U d m d m � � 0' O � O � fU M @ ❑ � d td � N �m � _ i y V C N N d a' U N Q U oftiw E ❑ ❑ El ❑ ❑ z d N � W T N ¢ N h u u m so m �o ro m co m m Q co M c M C M M M M W O rn rn m m m m m m rn Z aaw Z LLI 0 x�o N p LL O ?� Q C7 z a = Q N d ! �� /f k / ` L k\} E x \ k \ E IL 0650 0 C0 �I /S . :o:.: L _ \ \ \ 00 / > U < <w f kk) \ 0 / . [r,k ) / . NOTICE OF PUBLIC HEARING, Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on December 16, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WZ- 99 -13 Application by Ryan and Maureen Carey for approval of a zone change from Residential -One to Residential -Two for the purpose of converting an existing single - family residence into a duplex on property located at 3601 Kipling Street and legally described as follows: Lot 5 except the West 160 feet thereof and the East 15 feet thereof, Eller Subdivision, County of Jefferson, State of Colorado. Also known as 3601 Kipling Street. Approximate area is 14,000 square feet. .� ATTEST: Wanda Sang, City C To be Published: November 26, 1999 Wheat Ridge Transcript C:\ Barbara\ PCRPIS \PLANGCOM\PUBHRG \991216pub.wpd MEMORANDUM Approved Date DBPARTN E TP OF PUBLIC WORKS TO: Mary Austin, Planner FROM: Greg Knudson, Development Review Engineer DATE: November 30, 1999 SUBJECT: 3601 Kipling Street, WZ -99 -13 - Change of Zoning From R -1 to R -2 For Conversion of Existing Single - Family to Duplex The Public Works Department has reviewed the Planning Department referral dated November 19, 1999 for the above referenced site, and has the following comments: 1. We will need a final drainage report based upon the City's drainage criteria, and prepared by a Colorado licensed professional engineer. 2. A Subdivision Improvement Agreement will need to be executed by the developer /owner. 3. We will need engineered construction plans based upon the City's street construction plan criteria, and prepared by a Colorado licensed professional engineer, for the public improvements required to be constructed along the West 35` Avenue frontage. 4. Written confirmation will need to be provided of CDOT approval for those respective improvements required along the Kipling Street frontage. 5. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In conjunction with the requirements of this permit, an erosion control plan may need to be submitted for review and approval. 6. An irrevocable letter of credit, in which the City is designated as beneficiary, for one hundred twenty- five percent (125 %) of the total cost of the proposed public improvements, will need to be submitted by the developer /owner to serve as guarantee for the value of those public improvements (as determined by the itemized cost estimate prepared by the project's civil engineer -of- record), that are required to be constructed per item 5 above. 7. The approximate area/ownership of 13, 1375 square feet for Lot 5, in the Eller Subdivision is based upon 45 -feet of right-of-way from the center of Kipling Street (30 -feet by plat and 15 -feet by deed) and 25 -feet of right -of -way for West 35` Avenue by plat. As this lot fronts Kipling Street, (State highway) a copy of this referral should be sent to the Colorado Department of Transportation (CDOT) for review and comment. The contact at CDOT is Mr. Nashat Sawaged, Access Engineer, 303 - 757 -9886. The City's Traffic Engineer, Mr. Steve Nguyen, P.E. has previously worked with the applicant to reorganize the access locations. The final version for access proposes closure of the south driveway on Kipling Street, and creates a new access on west 35` Avenue. The Public Works Department has tentatively approved this concept plan, and has instructed the applicant to send this proposal to CDOT for review and approval. We will review the driveway locations upon submittal of the plan. cc: Alan White, Planning & Development Director Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File WZ99- 13.MEM 1 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235 -2846 Ridge November 19, 1999 The Wheat Ridge Department of Community Development has received a request for a change of zone at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by December 1, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ -99 -13 LOCATION: 3601 Kipling Street REQUESTED ACTION: Change of zone from R -I to R -2. PURPOSE: To convert existing single - family residence into a duplex. APPROXIMATE AREA: 14,000 square feet 1. Are public facilities or services provided by your agency adequate to serve this development? Yes 2. Are service lines available to the development? Yes 3. Do you have adequate capacities to service the development? ' 4C5 4. Can and will your agency service this proposed development subject to your rules and regulations? yeS 5. Are specific easements needed on this or any other document? " LLa t(r — &� " 6. Are there any comments your agency has identified which would or should affect approval of this request? IJ orn,.e aT `4I %S t..:,.� . Please reply to: Mary Austin Department of Planning & Development Fax: 303/235 -2857 DISTRIBUTION: X Water District (Consolidated Mutual) X Sanitation District (Westridge) X Fire District (Wheat Ridge) Adjacent City () X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. - Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Completed by: ._..a (Name, Agency/Department, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners X X X X X X "The Carnation City" TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. November 23, 1999 Ms. Mary Austin City of Wheat Ridge Department of Planning and Development 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Re: City of Wheat Ridge Rezoning Plan for the Property Located at 3601 Kipling Street to Convert the Existing Single Family Residence to a Duplex Dear Ms. Austin: This will, acknowledge your correspondence dated November 19, 1999 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with Denver Water. Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by Denver Water. The Company's rules, regulations and requirements further state that each separate unit of a duplex be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. Our records indicate that the property addressed as 3601 Kipling Street is currently receiving domestic water from the Company through a 5/8 -inch meter (CMWCo Tap Number 3101 /Account Number B- 07969). If this property becomes a duplex the additional unit will require the installation of a new tap and meter, please contact our office for the appropriate fees that will be required. You will also need to contact Denver Water for any fees they will require for the additional tap. THE CONSOLIDATED - MUTUAL WATER COMPANY - - 12700 West 27th Avenue • P.O. Box 150068• Lakewood, Colorado 80215 - _ - Telephone(303)238 -0451. - Fax (303)237 -5560 - i i Ms. Mary Austin City of Wheat Ridge Department of Planning and Development November 23, 1999 Page 2 i i Fire protection requirements should be obtained from Wheat Ridge Fire District and those requirements forwarded to this office by the Fire District at the earliest possible j time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. i If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, i i i Mic ael E Queen Assistant Secretary/Treasurer /ds cc: Dave Roberts, Wheat Ridge Fire District Walter Welton, PLS /PE, CMWCo President Robert J. Rivera, CMWCo Vice President I 7500 West 29th Avenue Completed by: �= � 7 7 (� (Name, Agency/Depa nt, Date) Wheat Ridge, Colorado 8003 Wh Telephone 303/ 235 -2846 Ridge November 19, 1999 The Wheat Ridge Department of Community Development has received a request for a change of zone at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by December 1, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ -99 -13 LOCATION: 3601 Kipling Street REQUESTED ACTION: Change of zone from R -1 to R -2. PURPOSE: To convert existing single - family residence into a duplex. APPROXIMATE AREA: 14,000 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 comments your agency has identified which would or should affect approval of this request? S ,' /��j C �rr'f /�e8wecc� ref e �ey�• vu 3C� o te 2sn'n Please reply to: Mary Austin Department of Planning & Development Fax: 303/235-2857 X Water District (Consolidated Mutual) X Sanitation District (Westridge) X Fire District (Wheat Ridge) Adjacent City Q X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. The City of Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" 7500 West 29th Avenue The City of Wheat Ridge Colorado 80033 Wheat Telephone 303/ 235 -2846 Ridge November 19, 1999 The Wheat Ridge Department of Community Development has received a request for a change of zone at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by December 1, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ -99 -13 LOCATION: 3601 Kipling Street REQUESTED ACTION: Change of zone from R -1 to R -2. PURPOSE: To convert existing single - family residence into a duplex. APPROXIMATE AREA: 14,000 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 comments your agency has identified which would or should affect approval of this request? `4- / i J Please reply to: Mary Austin Department of Planning & Development Fax: 303/235 -2857 DISTRIBUTION: X Water District (Consolidated Mutual) X Sanitation District (Westridge) X Fire District (Wheat Ridge) Adjacent City Q X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Completed by: i � (Name, gency/Department, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCl of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission, WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235 -2846 Ridge November 19, 1999 The Wheat Ridge Department of Community Development has received a request for a change of zone at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by December 1, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ -99 -13 LOCATION: 3601 Kipling Street REQUESTED ACTION: Change of zone from R -1 to R -2. PURPOSE: To convert existing single - family residence into a duplex. APPROXIMATE AREA: 14,000 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 comments your agency has identified which would or should affect approval of this request? Please reply to: Mary Austin Department of Planning & Development Fax: 303/235 -2857 X X X N Water District (Consolidated Mutual) Sanitation District (Westridge) Fire District (Wheat Ridge) Adjacent City Q Public Service Co. US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Completed by: (Name, Agency/Department, Date) Jeffco Health Department Jeffco Schools Jeffco Commissioners X TCI of Colorado X WHEAT RIDGE Post Office X WHEAT RIDGE Police Department X WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division X WHEAT RIDGE Building Division X WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" WZ- 99 -13: 3601 Kipling Carey Rezone: R -1 to R -2 Project Vicinity Map BOULDER -. ARV,yDA s i / Denver International Airport E GOILDE4 x / _- DENVER i LAKEWOOD r I LITTLETON \ 38TH AVE 37TH PL 'L y� U w F- 37TH PL c z 0 U J_ (n U J d (O LU a Y w U J J LU w W 37TH qVz LU J Z a ILLI J Y W 36TH a �P VF L 32ND J � 7 FOCKV MOUNTNN W34�P U Z F o Z ci 0 0 J Z W 32ND AVE I L---1 I � J LW 32ND. —� (O a w U W 37TH qVz a ILLI W 36TH qV U co 0 O 0 ~ W 35TH AVE J � 7 FOCKV MOUNTNN W34�P U Z F o Z ci 0 0 J Z W 32ND AVE I L---1 I � J LW 32ND. —� OFFICIAL ZONING MAF N EAT RIDGE GOLORADO MAP ADOPTED: June 15, 1994 Last Revision: February Z 1998 r,•.• 100 —YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DE510NATES OWNERSHIP) -- CITY LIMIT LINE - - -- WATER FEATURE • DENOTES MULTIPLE ADDRESSES NE 25 O b no aoo Yl0 tl0 SCALE 1 RVARTMEW OF PLW" MID DEVUOPT' if - 86-28W )r-' 1 4 N 1n 1 1n a, p+ rn a F11 mm U 1 7 w w x w O Q R: O a O v In LO 0 co n T r� r o CO • CO o 0 m X 0 W- m M � • 0 x Xts rn w o rim � � U rn N C m 7 o co m 0 V � I I •. II .. 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I 1s ,ll { N +I Q •72 I m 19' bZ z /W 1211 W- 5 W V 0 N hl "ld 1 rofLd�oat3 ,sl ,b '4t7 CJ'��LLS J.71vyS - I _ 1C) d 61 r IL I ' I , I I I �o '1, I oo 'Lo II —je ,- - N ol y .ra�, - ,091 J Z 0 N , J U N4 m O w - A H E w NCI u E LO q5 s E 3� W r $ ^ W E E $ w E r E O s' 2 W a M pa 0 H O U 5 W 18 W E w o0 m $ 10 AI H H E a MP4 — cn x LL 3 O 8 m -1 i w H-4MH W M 5 e EEvn W s $ a4 H V2 t H1-1>WFC 11A gf R 01 H 1 '3 UY p nc Uw0 z o m mUW W3 -- ` W X Z:) O O la Ww Z al r ' a LO E 4 w »� yi E mA c7Hr.7�2 wi 08 r - 1:4 01a0a -a aawU� ^^ f 11 1 mm �a rs a a` 8 m �m m =' 0 ¢ S �o B U 50 sm m m e Ss na c u E o f o> SF u � gym -o� $-` m 8 n n °E c_ mo m 9s gym P -m s m E 3= �w o- E o � 8 m �a g$ m �r �m> �m �a a $ E a <` 9 m A $m �s wg - T a c �mg g m�a$ =t. � _E� g «$ N o _ „$ w m'or� o y�r 3 °c s & ° $a § .0 .c�5'c Ham s is `m € E?o Boa <� - c°�S WZ- 99 -13: 3601 Kipling Carey Rezone: R -1 to R -2 1 c- a r. _•� 100 —YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT 5OLNORY PARCE—/LOT SOUNDRY (DE5IGNATES OWNERSHIP) - -'- CITY LIMIT LINE - - -- WATER FEATLRE DENOTES MLLTIPL.E ADDRESSES OFFICIAL ZONING MAP WHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: Jewary 9, 1995 DEPAK"W OF RAW" NO VaSX h@!f - x-ZM a 3601 Kipling St. Wheat Ridge, CO 80033 November 11, 1999 City of Wheat Ridge Planning and Development Department Arm.: Meredith Reckert, Senior Planner 7500 West 29` Avenue Wheat Ridge, CO 80215 RE: Proposed Re- zoning for 3601 Kipling Dear Meredith: My wife and I are submitting the attached Land Use Case Processing Application, which requests a change of zone for 3601 Kipling St. As we have discussed during our prior meetings, we are requesting that the property be rezoned from its current designation, R- 1, to a multi - family designation, R -2. If our request for rezoning is approved, we intend to convert the dwelling from a single family residence to a duplex. It is our opinion that the property is not appropriately suited for single family usage for a number of reasons. Due to the location of the property (facing Kipling St.), the high traffic count and volume of commercial traffic on Kipling Street causes the property to be extremely noisy. The layout of the house in its current state is not well suited for single family usage either. The building currently has two entrances on the east side of the house (facing Kipling). Most of the utilities are separately metered for the north and south half of the dwelling. hi conjunction with this conversion, we intend to remove one of the Kipling St. driveway accesses and install a new driveway for the south unit which would be accessed from 35` street. The landscaping of the property is currently in very poor condition. Our plans include extensive landscaping of the property including the following: removal of portions of the concrete flatwork on the east and west sides and replacement with plantings and brick patios and walkways; removal of the bark located in the southeast portion of the property and replacement with a new driveway, grass, a sprinkler system, shrubs, trees and flowers; installation of numerous trees and shrubs on the west side of the property; installation of shrubs and flowers to the east of the existing driveway; and installation of shrubs and flowers between the west edge of the driveway and the east side of the building. Please see the attached site plan for more details. All properties for approximately two blocks west and two blocks south (with the exception of several properties located on Kipling St., which are designated PCD or Commercial) are currently designated as multi - family. Additionally, the properties directly adjacent to this property (on the west and south) are designated as R -2 and R -3. We believe that our request for re- zoning of the property to R -2 and obtaining a zoning variance would benefit the City of Wheat Ridge, the surrounding neighborhood, and my family. The requested usage changes, if accepted by the city, will represent an improvement to the existing usage of the property, while allowing the property to be used for a purpose more similar to that of the surrounding properties. Please feel free to contact me at 303 - 919 -3034 should you need additional information to process our request. Thank you for your assistance and consideration. Regards, Ry T. Carey Maureen E. ey W 30TH AVE 5TTH PL- 1 TTii W 35TH PL �lt NAM CUP-93-1 Vk e , 900 PL ......... H%WAVE---- ......................... I-AraWOOD OFFICIAL r -:-', 100-YEAR FLOOD PLAIN ZONING MAP 'L.'-: (APPROXIMATE LOCATION) N E 28 J - ZONE DISTRICT BOUNDRY NHEAT RIDGE —PAPCEL/LOT 5OUNDRY VE516NAT55 OWNERSHIP) COLORADO CITY LIMIT LINE SCALE 1 MAP ADOPTED: June 15, 1994 WATER FEATURE Lest Revision: Febmacry 2, 1998 DENOTES MULTIPLE ADDRESSES IXFAqTM5fr Or PLAMNO AND DEVE4PM39 - 235-2852 0 A O O 6 �;� o O O �O O U v O ❑ •• i- b OWZ m OLLO O U p A CLOZ F M CU Cl CG W 011704! �M117LL �• ti O+r FI H � m •• omwc ro _1LLI LLI A a��� W cox O w \Q 41 Cn ���cs� A 9 .mo C � O itl E 7 m gb Y ee •u v ❑ 15V 1 V a -� c u o w° � O L 9 H N b C — 00 E . m h F C p m� � G 0 o u o 0 a i. �, n C O w � e E W F a W d o E b � 3 y s a ;7 m F o ❑ w a W a 9 tb m b p 3��,. ..N3Wf1�0431tl13 E � CC ❑ c - i • a`S 0 a ❑ on � E � - O � w 0 •� N 6 _Q G m o a m p 'C1 7 3 p U K u w a �k y 9 L R o C C � T m R y a w E . m h F C p m� m 5 o w L U � A O A x 9 V M N T � N o y h o ° N ° c m � L. O s � G 0 o u o 0 a i. �, n V w � e E W F a W o b � x p a ;7 m F o w "' w K N b W a O b � 3��,. ..N3Wf1�0431tl13 m 5 o w L U � A O A x 9 V M N T � N o y h o ° N ° c m � L. O s � G 0 0 a i. �, n e E W F a x F a m F o w "' 9 K N b E a 3��,. ..N3Wf1�0431tl13 m 5 o w L U � A O A x 9 V M N T � N o y h o ° N ° c m � L. O s � I 1 p Q U a P5 U 3 A a 'O R d O F i R � l ti �\ m d Ln 0 y N w 0 C n G L s V • ar P O� � U m� o • 5� � f � t g i R 1i I i I v � G 0 m n E a x F a m F o w "' 9 K N b E a � I 1 p Q U a P5 U 3 A a 'O R d O F i R � l ti �\ m d Ln 0 y N w 0 C n G L s V • ar P O� � U m� o • 5� � f � t g i R 1i I i I v � G 0 aF WyEF LAND USE CASE PROCESSING APPLICATION of W EA o � o Planning and Development Department ° 7500 West 29th Avenue, Wheat Ridge, CO 80033 ° otoRnoo Phone(303)235 -2846 o otoRna o (Please print or type all information) Applicant ?A•!A✓2EE1J CAMOY Address 3 & °! Phone 72 0 3'7!'27 I.JH[Ar XI Lo goo,3,?j °R 3 °3- 9!4.30 City //1� Owner SAME AS / ?PA-t cAN t one , City Location of request (address) 3 � O / nIPL[NG Sr. Type of action requested (check one or more of the actions listed 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 ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: Rtz °NE G°! rt4,0M R/ To R2 So TNAr i9wc"w1v1A Mqy 6g GD vvcxr6p T• A DuPLEx• SEE ArrALNEO LE fr E/L Fa A oat. 0trArc-s. Fill out the following information to the best of your knowledge. Current Zoning: !21 Size of Lot (acres or square footage):—' /000 ffi z Currentuse: SNat'E FAmlFy R fs"DEN°¢ Proposed use: Two AAMr, y 4S 10F.'e- PvP4r X - Assessors Parcel Number: 3 9 Z 8 1 1 L 01-7 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 - attorney fro caner which approved of this action on his behalf. Signature of Applican Subscribed and sworn to me this _L day of •°< 19 9 9 Notary Public My commission expires Date received �� _! S �`1 Receipt No. 3Ce Case No. R 125 Z Related Case No. 01A Zoning 1 Quarter Section Map /U o/ 3y m z m m CO) 0 z m 0 0 w 0 > 0 > 0 0 > M =;- > Z 0 z 0 0 0 0 0 l ;0>>"M;D;u o;ujo < < 0 — o o M ;u M 0 o < w< 0 * * x a < 0 0 , 0 0 Z 0 :ir a X : : 0 ui- 0 m = K iF = �M _0 0 Neighborhood Meeting 3601 Kipling Street Change of Zone Date Held: Wednesday November 3, 1999 Time: 6:30PM Location of Meeting: 3601 Kipling Street Attendees: Mary Jane Harper — 10150 West 35 Street Shirley Foss —10100 West 35` Street Dick & Karen O'Neil —10050 West 35 Street Mary Margaret Coates — 9835 West 35 Street In addition, the following property owners did not attend the meeting, but contacted us via telephone when they received the neighborhood meeting notice letter. These individuals all indicated that they felt the change of zone and conversion from a single family home to a duplex was appropriate and did not have any concerns with the requested change of zone: Rosemary Miks — 9855 West 34 Drive Patricia Lounders — 3685 Kipling Street Charles (Chuck) Svoboda — 9860 West 34 Drive Sue Bucci — 10095 West 35 Avenue Lawrence (Larry) Peters — 9810 West 34 ` Drive M�� 1 MwWol ®R I I SIGN -IN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Name Address loo CAREy �jGo l �' /P�!Aje NOV -02 -99 10:01 PM CMJ VENTURE ENTERPRISES 3036835248 RYAN CAnY CPA FAX COVER SHEET DATE: 11/2/99 TO: Meredith Reckert COMPANY: City of Wheat Ridge FAX #: 303 -235 -2857 Number of Pages (including cover): 4 P_01 If you do not receive the indicated number of pages, please contact Ryan at (303) 424 -6562. CONFIDENTIALITY NOTICE NOTICE: The information contained in or attached to this FAX message is intended only for the confidential use of the individual(s) named above. If you are not the named recipient, or an agent responsible for delivering It to the named recipient, you are hereby notified that you have received this document in error and that review, dissemination, or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original documents to us by mail. Thank you for your cooperation. Comments: Meredith- FYI — this is what I mailed to our neighbors. So far, we have had four telephone calls from neighbors with positive feedback, no negatives yet. We have also had approximately 4 different neighbors call to confirm that they will be attending the meeting. See you Wednesday night (November 3) at 6:30pm. Thanks for your assistance with this matter. - -Ryan and Maureen Carey PO BOX 0186 BOULDER COLORADO 80306.0186 Office: 303. 424.6562 Cellular: 720. 371.2761 Fax :303. 424.6563 NOV -02 -99 10:02 PM CMJ VENTURE ENTERPRISES 3036835248 P.02 3601 Kipling Street Wheat Ridge, Colorado 80033 Dear Neighbor My wife and I recently purchased the property located at 3601 Kipling St. The property is located on the northwest comer of Kipling St. and 35` Avenue. We are requesting a zoning change from Rl to R2. The R2 zoning designation would allow us to Convert the current structure from a single family home to a duplex. We believe that the current use of this property as a single family home is not the best use for this property due to the layout of the home and the location facing Kipling Street. When we purchased the dwelling, it was already set up for duplex usage. There are two separate exterior entrances on the front of the house, the utilities are separately- metered, there are two telephone junction boxes, and the living quarters are somewhat separated. Based upon these facts, we believe that the dwelling has been previously used as a duplex. I have enclosed a copy of our preliminary site plan for the proposed duplex usage. We do not intend to make any significant changes to the exterior of the actual dwelling. Our plans do call for extensive landscaping which includes the following: removal of the south portion of the horseshoe drive and installation of a new concrete drive which is accessible via 35`" Street, installation of a small brick paver patio at each front entrance, a brick paver patio and deck in the back yard, approximately ten trees in the front and back yards, numerous shrubs and flowers throughout the property, and installation of a sprinkler system and grass in the front and back yards. Our plans will significantly improve the exterior appearance of the property and will be a positive contribution to the community. My wife and I will be hosting a community meeting at our home (3601 Kipling St) on Wednesday November 3 rd at 6:30pm. This purpose of this meeting is for us to discuss our planned zoning change and site plan and receive your feedback. Please call us at 303- 424 -6562 if you plan to attend the meeting. In addition, if you cannot attend, but wish to give us your feedback or have questions about our plans, please feel free to call us anytime. Regards, J Ry . Carey Maureen E. C NOV -02 -99 10:02 PM CMJ VENTURE ENTERPRISES 3036835248 P.03 SCALE 1'. Z0 � 3e� 4&4jC (w'm �— ebTAININ(� ►.7S�L COLORADO ENGINEERING NG 99 -5115 (CAREY) G SURVEYING INC. 3970 90. Sherman St., Suite E - h9lew00d, Colorado 00110 • 761 -8055 Surveying Colorado Since 7972 • FAX: 761 -0641 1%w Fp n E Qsb op f r^ 36.3' r a UwE! T.iea .. U fZSvo L'Ia -s 35'TtJ LO-T-4- GK�vu- ��i r t• =� i �.. o Ll j C44• M, OZWf- C a S 2 4 AvIFO-JUE - ---,,. 'LEGAL DESCRIPTION: LOT 5 EXCEPT THE WEST 160 FEET THEREOF AND THE EAST 15 FEET THEREOF, ELLER iaimivinox COUNTY OF JEFFERSON, STATE OF COLORADO. ALSO KNOWN AS 3601 KIPLING ST CEI'a mo 105. oz .eanmuney 11op.N M u. Nuffl FIOW enemenu Pnrnw -.. NOV -02 -99 10:03 PM GMJ VENTURE ENTERPRISES 3036835248 P.04 o LEGEND FOR SITE PLAN: �A Additional concrete section for driveway to improve tum- around B� Remove concrete drive and door entryway © Install new driveway for north duplex unit �D Install brick paver, entryway & stairs from driveway �E Install brick paver entryway Install shrubs, plantings, and trees �H Install grass and sprinkler system in front yard Install shrubs/plantings © Remove entire concrete patio © Install deck Q Install brick paver patio Install grass and sprinkler system in back yard y � S 5) Install numerous trees and shrubs in back yard Harold Gerstner Dale Kerns Lea Crowder 3755 Lee St 10918 Patterson Ct 2480 Iris St Wheat Ridge, CO 80033 Denver, CO 80234 Lakewood, CO 80215 Charlene Butler Brigitte Martin Anna Yeager Monty & Lynette Robinson James Kowtowski Teresa Winchell Jessie & Rob Velasquez 12617 W 69Th Ave 3565 Lewis St 3585 -3595 Lewis St Arvada, CO 80004 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 2124 Hoyt St 3595 Lee St Maria Ianiro Guglielmo Ianiro Marjorie Bucek 3550 Lewis St 3535 Lewis St 3515 Lewis St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Harold Gerstner Dale Kerns Lea Crowder 3755 Lee St 10918 Patterson Ct 2480 Iris St Wheat Ridge, CO 80033 Denver, CO 80234 Lakewood, CO 80215 Charlene Butler Brigitte Martin Anna Yeager 10571 W 22Nd Pt 3660 Lee St 3640 Lee St Lakewood, CO 80215 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Jacob Trujillo & Mary Trujillo Dennis Lee Vanderhoof Dawn Reed & Charline Reed 3620 Lee St 2124 Hoyt St 3595 Lee St Wheat Ridge, CO 80033 Lakewood, CO 80215 Wheat Ridge, CO 80033 Giacomo Difore & Antoniette Difore Inez Dorsey & Barbara Smith Laurice Joan Hunter 3590 Lee St 3580 Lee St 3530 Lee St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Beverly Grail & Regina Hill Charles Kleder & Deborah Kleder Richard & Sarah Roberts 3520 Lee St 3510 Lee St 3696 Kline St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Gisela Davishenderson Kenneth C Boyer & Patricia Hoyer Barbara Zupancic 3686 Kline St 3685 Kline St #7 3676 Kline St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 David Minson Joan Saalwaechter Donald & Donald Diltz Sr. 8 13 1 W Nichols Ave 3656 Kline St 3655 Kline St Littleton, CO 80128 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Josephine Trefry Edrie O'Brien Shelley Fortin 3646 Kline St 3636 Kline St 3626 Kline St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Bruce Poppe & Gay Poppe Clark Musgrove & Margaret Musgrove Alfred Neville & Patricia Neville 235 Impala Trl 11273 W 28Th Ave 6662 E Jackson Ct Bailey, CO 80421 Lakewood, CO 80215 Littleton, CO 80126 Christine Dianna Cheatham Melvin Caho GAYBIL - JERFRE LTD 3555 Kline St 6057 W Pacific Cir 3705 Kipling St Wheat Ridge, CO 80033 Lakewood, CO 80227 Wheat Ridge, CO 80033 AUTOZONE INC BEAR CLAW INVEST LTD LIABILITY C Patricia Lounders PO Box 2198 3695 Kipling St 3685 Kipling St Memphis, TN 38101 Wheat Ridge, CO 80033 Lakewood, CO 80033 Gregg Laster James Marcus Amy Ward 3675 Kipling St 3665 Kipling St 3655 Kipling St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Jeane & Lawrence Rhodes Stephanie Martin Spencer Shawn Wade & Gina Marie Wade 3601 Kipling St 3400 Kipling St 3610 Johnson St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Marvin Polzin & Jewell Polzin Nicholas Saraceno Jr. Richard Meek & Karen Meek 3580 Johnson St Mary Ann Saraceno 3460 Jellison Ct Wheat Ridge, CO 80033 3520 Johnson St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 TPR ACQUISITION GROUP LLC Suzanne & Guy Stanfield Thomas & Louise Winkler 2311 E Platte Ave 9870 W 37Th Ave 9865 W 37Th Ave Colorado Springs, CO 80909 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Becky Lewthwaite & Henry Lewthwaite Jimmy Billen & Marlene Billen Donald MacDougall & Diane MacDougall 9860 W 37Th Ave 9845 W 37Th Ave 9815 W 37Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Arthur Peterson Donald Macdougall Bradford Joseph Belt 9810 W 37Th Ave 9785 W 37Th Ave 9780 W 37Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Lucille Bauer Lisa Beckler Andersen Stephen Singer & Frances Singer 9840 W 36Th Ave 9835 W 36Th Ave 9810 W 36Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 James Gilmer & Janice Gilmer Jon Conner & Carol Conner A Palumbo Kenneth 9805 W 36Th Ave 9780 W 36Th Ave 10225 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Barbara Kraning K Gash Linda Mary Jane Harper 10200 W 35Th Ave 10175 W 35Th Ave 10150 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 John Paul & Patricia Ann Flanagan Shirley Foss Sue Bucci 10125 W 35Th Ave 10100 W 35Th Ave 10095 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Richard O'Neil & Karen O'Neil Jack Polich & Helen Polich Lawrence & Kimberly Stewart 10050 W 35Th Ave 9990 W 35Th Ave 9960 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Dalmon Larson & Roberta Larson Richard Glenn Rebecca Oguin 9940 W 35Th Ave 9920 W 35Th Ave 9880 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Fred Marble & Nancy Marble Debora Gee V A Vaseen & June Vaseen 9865 W 35Th Ave 9860 W 35Th Ave 9840 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 A ary Margaret Coates Daniel Henkel Ralph Denuzzi 35 W 35Th Ave PO Box 1886 9775 W 35Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80034 Wheat Ridge, CO 80033 Charles Rynold Svoboda John Miks & Rosemary Miks Ronald & Patricia Roush 9860 W 34Th Dr 9855 W 34Th Dr 9845 W 34Th Dr Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 V/ Lawrence Peters Mark & Sandra Sendtko Ronald Gendron & Elaine Gendron 98 10 W 34Th Dr 9800 W 34Th Dr 10005 W 34Th Ave Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Organization New Apostolic Chur Natl 3753 N Troy St Chicago, IL 60618 Nov -01 -1999 11:50am From -AWWA 3037947310 T -123 P.001 /004 F -403 (j �J{/'q, A CA V iC8n Water Works ASSOC18tioo L'1 v . ! . ^ r ^ 6665 6666 W. Quincy Avenue Dedicated to Safe Drinking Water Denver, CO 80235 (303) 794 -7711 Fax -7310 TO: hw rte' PATE: „1� •�`�— FIRM: _ /I (yF FAX NO: 3 • 2.3 PAGES SENT: FROM: �y TELE. NO: RE: COMMENTS: fs,&C Nov -01 -1999 11:50am From -AWWA 3037947310 T -123 P.002/004 F -403 23S 2gs �. 3601 Kipling Street 36 Wheat Ridge, Colorado 80033 Dear Neighbor: My wife and I recently purchased the property located at 3601 Kipling St. is located on the northwest corner of Kipling The property St. and 35" Avenue. We are requesting a zoning change from RI to R2. The R? zoning designation would allow us to convert the current structure from a single family home to a duplex. We believe that the current use of this property as a single family home is not the best use for this property due to the layout of the home and the location facing Kipling Street. When we purchased the dwelling, it was already set up for duplex usage. There are two separate exterior entrances on the front of the house, the utilities are separately- metered, there are two telephone junction boxes, and the living quarters are somewhat separated. Based upon these facts, we believe that the dwelling has been previously used as a duplex. I have enclosed a copy of our preliminary site plan for the proposed duplex usage. We do not intend to make any significant changes to the exterior of the actual dwelling. our plans do call for extensive landscaping which includes the following: removal of the south portion of the horseshoe drive and installation of a new concrere drive which is accessible via 35 Street, installation of a small brick paver patio at each front entrance, a brick paver patio and deck in the back yard, approximately ten trees in the front and back Yards, numerous shrubs and flowers throughout the property, and installation of a sprinkler system and grass in the front and back yards. Our plats will significantly improve the exterior appearance of the property and will be a positive contribution to the community. My wife and I will be hosting a community meeting at our home (3601 Kipling St.) on Wednesday NPvembcr 3r a16 ;30pm, This purpose of this meeting is for us to discuss our planned zoning change and site plan and receive your feedback. Please call us at 303 - 424 -6562 if you plan to attend the meeting. In addition, if you cannot attend, but wish to give us your feedback or have questions about our plans, please feel free to call us anytime. Regards, Ryan . Carey Maureen E. Carey . r „✓" 1 AIL Nov -01 -1999 11:50am From -AWWA I / '%L r '3 ..! 36 - -!,' N OP t( GCA VEA. DOVE - III- ��• -"• 7� Z: N0. 99 -5115 (CAREY) L .o - Tq- n '9 o r 4.3 p Y» .' ' 04 (� (ZSUO' I„I�sY lw i1 t a ; �2 � 117 Av&4 uo.- --- LEGAL DESCRIPTION: LOT 5 EXCEPT THE WEST 160 FEET THEREOF ANA THE EAST 15 FEET THEREOF, ELLER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, ALSO KNOWN AS 3601 RIPLING ST CM-us last 1 5 - p W = I�wm m mn waoam Fwa rnsrerm p,opr SCALE r- Z O I 3037947310 T -123 P.003 /004 F -403 COLORADO ENGINEERING S SURVEYING INC. 5470 So_ Sherman 8L, Sulfa 2 • Englewood. Colorado 60110 • 761 -8055 Surveying Colorado Since 7972 • FAX: 767 -0847 Skiff 36s q 4�= Ta - = 10 I� 0 . a I H�_n o ; 0 UTILITY Lr U ___ -------- T'a mmm�mhi0eq- giiF��npm Mw wwn4 Fwoa insrp� F�Wan�. Nov -01 -1999 11:512m From -ANIA LEGEND FOR SITE PLAN: 3037947310 T -123 P.004 /004 F -403 A Additional concrete section for driveway to improve turn- around B Remove concrete drive and door entryway C Install new driveway for north duplex unit A Install brick paver entryway & stairs from driveway E Install brick paver entryway G Install shrubs, plantings, and trees H Install grass and sprinkler system in front yard I Install shrubs/plantings I Remove entire concrete patio Z Install deck 3 Install brick paver patio 4 Install grass and sprinkler system in back yard 5 Install numerous trees and shrubs in back yard MEMORANDUM Approved Date DEPAR P9 ITT ®FIPUBLIC WORYCS TO: Meredith Reckert, Senior Planner FROM: Steve Nguyen, Traffic Engineer DATE: Monday, October 4, 1999 SUBJECT: 3601 Kipling Street, Rezone to R -2 w /variance for sign & 35% Home office space. This memo serves as a response to the access issue regarding the above site. At the pre - application meeting on September 21", 1999, there was not enough information available to determine whether the proposed change of use would allow this property to retain one or both driveways on Kipling Street. I had a chance to review the State Highway Access Code with respect to change of use conditions and the discussion is as follow. Based on my interpretation, the conditions state this site may be able to retain both access points on Kipling Street if the total daily trips to and from the site are less than 100 trips or does not increase the proposed vehicle volume to the site by 20 percent or more. I believe the proposed use of this site will generate trips which will go over 20 percent and therefore will not meet this criteria. Since the generated trips do not meet the above criteria, a reduction of 50% in access points shall be sufficient. This translates to the site will be able to keep one current access. Since Kipling Street falls within the Colorado Department of Transportation jurisdiction, the applicant can verify this with them if he wants a firm assessment related to this discussion. Even though at least one access on Kipling Street could be retained for the change of use, the Department of Public Works encourages new access to be created on 35 ' Avenue, since the street has much lower volume and therefore safer to access in and out of the site. cc: Greg Knudson, Development Review Engineer 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ride FAX 303/235 -2857 October 1, 1999 Maureen and Ryan Carey 3601 Kipling Street Wheat Ridge, CO 80033 Dear Mr. and Mrs. Carey: This letter is in response to your inquiries regarding property located at 3601 Kipling Street. The property is zoned Residential -One is currently used as a single family residence. You indicated that you will continue to reside there and would like to establish an ancillary home occupation for your CPA business. You have been informed of the restrictions of a class I home occupation and believe you can comply with the exception of two items - signage and the amount of building area devoted to the business. Pursuant to Section 26 -30(Q) of the Wheat Ridge Code of Laws, with a class I home occupation, no exterior signage is allowed and only 25% of the residence can be devoted for the business use. There are two ways in which we can attempt to deal with these limitations: 1. You could file a variance application to appeal the provisions of Section 26- 30(Q)(1) to the Board of Adjustment. This is a single public hearing process which takes roughly two months to complete. The filing fee is $135. 2. A special use permit application to allow a class II home occupation is another land use process you may want to consider. The class II home occupation allows 35% of the residence to be used, allows a small sign and permits up to two additional employees who don't reside on the premises. The special use permit process is similar to a rezoning process in that it requires two public hearings - one each in front of Planning Commission and City Council plus a pre - application neighborhood meeting. The process takes from four to six months to complete with a filing fee of $350. You had also inquired whether a rezoning to Residential -Two is feasible as at some point in the future you would like to convert the entire structure to a duplex. The Comprehensive Plan designates this property as Single Family/Duplex. Based on this designation and adjacent land use, Staff believes that the rezoning request is likely to be approved. Once again, this process will take four to six months to complete and will require two public hearings, in addition to a pre- application neighborhood meeting. The filing fee is $500. Keep in mind that a rezoning by itself will not allow the desired signage and increase in area for a class I home occupation. A variance or special use permit would still be required. There are other issues which are not fully resolved related to the access to the site which is currently from Kipling Street. Since Kipling is a state highway, the City is obligated to follow the CDOT (Colorado Department of Transportation) highway access codes. According to these standards, any change of use which increases traffic to and from the site by 20% requires compliance with the code. Therefore, with addition of the home occupation or addition of an other dwelling unit, one of the existing curb cuts must be closed which will require redesign of the front parking /access area shown on the submitted site plan. If you have any questions or would like to discuss this further, do not hesitate to contact me at 303 - 235 -2848. Attached for your reference is a copy of Section 26 -6. Legislative and Administrative Procedures. which explains the processes discussed above (variances, special use permits, rezonings). Enclosed also is your check for deposit for your prior pre - application meeting with staff. Sincerely, Meredith Reckert, AICP Senior Planner . ......... --------------- -;r7 9 - 1999 9:07AM FROM HAMPTON INN ON RIvER 423 429 8984 P. I 6 ` 3 Z 3 S- 7- p 30 3 ee -Z, PJ4 P� 560 /< y 'Dif "CAr- gj06E f 6 A 3 60 J�rP�r�G ew p ) Zq -b : 3: V 6.- - q 17 1 & .. - 47 VI �1 in /� � k� 9°-15 -1999 9:07AM FROM HAMPTON INN ON RIvER ,123 429 898,1 1 SCALE 1 Z COLORADO ENGINEERING C SURVEYING INC. WO So. Sherman SL, Suite Z • Sn9lew00d, Colorado 00110 • 761 Surveying Colorado Since 1.972 • FAX: 761 -0841 4- 36 5 5; GaACFM MWE IS UFTL OF S v$.TEC- - r -CCa PEST)' _ 3-4 ' +! AS fiwL -IIJ- Cor4C=1V _ _ _ 2lTAININC� h - LZl 1 r� 5Hso #rtNSr A GL Y w .D i 7 I; � P. 2 N0. 99 -5115 (CAREY) ..�•^� � "A" 1., L o 1 T TRAVEL s' (I Fw/6 5 t 0 (fills d. L -- , er i•WS b t' �l{oBES Srr60 o ?Eris j K x 4-.31 Ix R6Nrrb C..•�KErE �3 ! ,rdrAVL �Mg6c62 � losrAb SNaI PA r'o. Q•- M K fXiSri.N. of�icE PArz OK J NrRA NGE EnD I!1'1k"1Tf t61 �A L.u+EC r_(p. U ° 1 10 IZS�Q' LEGAL DESCRIPTION: LOT 5 EXCEPT THE WEST 160 FEET THEREOF AND THE ELLER SUBDIVISION, . COUNTY OF JEFFERSON, STATE OF COLORADO. ALSO KNOWN AS 3601 RIPLING ST CENSUSrnecr 105. OZ wqut Coma -E rE3 rAL� Ap-)U K I,G j,AmV)&A r k L V a PfAk w I. . 5,✓1 36 - 31 � '�EAe ►yR,i �� �Alw� U11 6 s>t�• ww++ A- o ?Eris j K x 4-.31 Ix R6Nrrb C..•�KErE �3 ! ,rdrAVL �Mg6c62 � losrAb SNaI PA r'o. Q•- M K fXiSri.N. of�icE PArz OK J NrRA NGE EnD I!1'1k"1Tf t61 �A L.u+EC r_(p. U ° 1 10 IZS�Q' LEGAL DESCRIPTION: LOT 5 EXCEPT THE WEST 160 FEET THEREOF AND THE ELLER SUBDIVISION, . COUNTY OF JEFFERSON, STATE OF COLORADO. ALSO KNOWN AS 3601 RIPLING ST CENSUSrnecr 105. OZ wqut Coma -E rE3 rAL� Ap-)U K I,G j,AmV)&A r 15 F�ET THEREOF, fHSYA& GRASS 5P9 t"iKLER's� SHR- -s T(-FES /� SE Go2.�E2 OF Lo (jUP6ACE 92,11riNF &A44, k L V a PfAk w 15 F�ET THEREOF, fHSYA& GRASS 5P9 t"iKLER's� SHR- -s T(-FES /� SE Go2.�E2 OF Lo (jUP6ACE 92,11riNF &A44, FOR YOUR INFORMATION To Meredith Reckert Company Fax number. +1 (303) 235 -2857 Business phone: From Ernst & Young LLP Fax number: +1(201)1234567 Home phone: Business phone: Date & Time: 9/14/99 9:04:47 PM Pages sent: 3 Re: Attached is narrative for proposed usage change for 3601 Kipling St. I will send the site plan in a separate fax tommorrow. I appologize for sending this in two transmissions. Thank you for your consideration - Ryan Carey 303 - 919 -3034. 3601 Kipling St. Wheat Ridge, CO 80033 September 14, 1999 City of Wheat Ridge Planning and Development Department Attn.: Meredith Reeked, Senior Planner 7500 West 29' Avenue Wheat Ridge, CO 80215 RE: Proposed Re- zoning and variance for 3601 Kipling Dear Meredith Reeked: My wife and I recently purchased the above referenced property. We made this purchase with the intent of changing the usage from single family to an alternative use. We request that the property be rezoned from its current designation, R -1, to a multi - family designation, R -2. Additionally, we request a zoning variance to the R -2 designation to allow us to use the property for my Certified Public Accounting business while my family occupies the dwelling (the variance we desire would allow us to place a modest sized sign on the east side of the property adjacent to Kipling St. and use up to 35% of the dwelling for my office.) Due to the location of the property (facing Kipling St.), it is our opinion that the property is not appropriately suited for single family usage for a number of reasons. Primarily, the high traffic count and volume of commercial traffic on Kipling Street causes the property to be extremely noisy. The layout of the house in its current state is not well suited for single family usage either. The building currently has two entrances on the east side of the house (facing Kipling). We have moved into the building and wish to establish the CPA office as soon as possible. I am a Certified Public Accountant in the State of Colorado and believe that my office will be an asset to the neighborhood. I anticipate that the office would have an extremely minimal impact on traffic in the area, and the small professional office would make a positive contribution to the reputation of the City of Wheat Ridge and the area in which the property is located. We have noted that an extremely high percentage of the buildings on Kipling Street between 6 Avenue and I -70 (located in both Wheat Ridge and Lake).vood) are either commercial buildings or residential homes which have been converted to commercial usage. The vacant land directly across from our property on Kipling St. is zoned for commercial usage and the properties immediately to the south are designated as R -3 and PCD. For this reason, we believe that the professional home office, including a modest sign; or a duplex, would be an appropriate use for this property. It is our belief that we will need more space for my office in the future. At such time as that need occurs, we would like to have the opportunity to convert the existing structure to a duplex. All properties for approximately two blocks west and two blocks south (with the exception of several properties located on Kipling St., which are designated PCD or Commercial) are currently designated as multi - family. Additionally, the properties directly adjacent to this property (on the west and south) are designated as R -2 and R -3. The changes which we plan to make to the interior of the building for use as office space are all cosmetic in nature. For example, we intend to add two interior doors to the rooms we plan to use for office space. We also will do some painting and possibly replace some floor and window coverings. The changes we propose to make to the exterior of the building are minimal as well. We intend to remove a portion of the concrete flatwork and replace it with landscaping and a brick patio and walkway. We believe it is necessary to install a modest - sized professionally- designed and professionally - constricted sign to attract new clients and help existing clients locate my office. zU noted above, the building currently has two exterior entrances on the east side. One will be used as the entranced to our living area, the other will be used as the entrance. to my C.P.A office. The landscaping of the property is currently in very poor condition. Our plans include extensive landscaping of the property including the following: removal of portions of the concrete flatwork on the east and west sides and replacement with plantings and brick patios and walkways; removal of the bark located in the southeast portion of the property and replacement with grass, a sprinkler system shrubs, trees and flowers; installation of numerous trees and shrubs on the west side of the property; installation of shrubs and flowers in the center of the U- shaped driveway; and installation of shrubs and flowers between the west edge of the driveway and the east side of the building. When the building is converted to duplex usage, we would make additional minor changes to the interior of the building and do not intend to make any significant changes to the exterior of the building. We believe that our request for re- zoning of the property to R -2 and obtaining a zoning variance would benefit the City of }Wheat Ridge, the surrounding neighborhood and my family. The requested usage changes, if accepted by the city, will represent an improvement to the existing usage of the property, while allowing the property to be used for a purpose more similar to that of the surrounding properties. We look forward to your feedback at our meeting with you on Tuesday, September 21" at 3:45p.m. Regards, Ryan T. Carey Maureen E. Carey