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HomeMy WebLinkAboutWZ-98-09ZONING MAP REVISION REQUEST Date: / Location: (,j' ~p Description of Revision(s) Needed: Case No. cc-G (2 Ordinance No. (Copy Attached?) Effective Date (If pplicable) Conditions? Site Plan, Plat, Map Attached? Yes Legal Description or Survey Attached? Yes Address Assigned or Changed?, Comments: No Map Revised By: Date Map Recorded with Jeffco Recorder: Reception No.. Date: -r/7a t% zonemapr: 9-12-96 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge FAX 303/234-5924 July 2, 1998 Mr. and Mrs. Mahoney 6185 W. 381h Avenue Wheat Ridge, CO 80033 Dear Mr. and Mrs. Mahoney: Please be advised that at its meeting of June 22, 1998, the City Council APPROVED your request for a rezoning from R-3 to R-C for the property located at 6185 W. 38`h Avenue per conditions listed in Ordinance 1122. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, Barbara Delgadillo Planning and Development Secretary Attachments: /bd cc: WZ-98-09 Attachment: Council Ordinance 1122 C:\Barbara\CCRPTS\corespondence\wz9809mahoney.wpd INTRODUCED BY COUNCIL MEMBER Siler Council Bill No. )I Ordinance No. 1122 Series of 1998 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-THREE TO RESTRICTED-COMMERCIAL DISTRICT ON LAND LOCATED AT 6185 W. 38'h AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by David J. and Katherine D. Mahoney approval of a rezoning in Wheat Ridge, Colorado, Case No WZ-98-9 and based on recommendation for approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheai Ridge maps are hereby amended to exclude from R-3 zone district, and to include in the R-C the following described land: A tract of land in the Northeast Quarter of Section 21, Township 3 South, Range 69 West, of the 6" P.M. in Jefferson County, State of Colorado, more particularly described as follows: Beginning at a point that is 1529.75 feet south and 447 feet West from the Northeast corner of said Section 2l; thence West 215 feet; thence South 193 feet; thence Northeasterly 289 feet, more or less, to a Point of Beginning, County of Jefferson, State of Colorado, as described in Reception Number 94046061 of the records of Jefferson County, Colorado. Section 2. Conditions: The existing driveway and parking lot can remain graveled. Paving is not required. Section 3: Vested Property Riehts 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 S. Severabilitv: 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 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 1st day of June 1998, 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 June 22 ' , 1998, 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 7 to 0 , this 22nd day of June 1998. SIGNED by the Mayor on this 23rd day of June ATTEST: 2ancra"Sang, City. 1st Publication: June 5, 1998 2nd--Publication: June 26, 1998 Wheat Ridge Transcript Effective Date: July 11, 1998 ,MA APPROV S TO FORM BY QIV ATTORNEY GE D DAHL, CITY ATTORNE C:\Barbara\CCRPTS\RESO-ORD\W Z989Mahoncy.wpd WHEAT RIDGE CITY C1UNCIL MEETING: JUNE 22,199F PAGE -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 24 - An Ordinance authorizing the issuance of Certificates of Participation, Series 1998, of the City of Wheat Ridge, Colorado, in the maximum aggregate principal amount of $14,900,000, authorizing the - - execution and delivery by the City of a Ground Lease Agreement, a Lease Purchase and Sublease Agreement and an Official Statement; approving the form of a Mortgage and Indenture of Trust; ratifying action previously taken concerning the Certificates; and providing other matters relating thereto. Council Bill 24 was introduced on second reading by Mr. DiTullio, who also read the title and summary. Clerk assigned Ordinance No. 1121. Mr. Middaugh gave background information on this item and introduced the following speakers: Steve Bell from Dain Rauscher Incorporated was sworn in by the Mayor. David Bell from Haniffen Imhoff was sworn in by the Mayor. They gave report on the financing for the Recreation Center and answered questions. Tony Flasco, 4440 Reed Street, was sworn in by the Mayor; he doesn't understand where we came up with the 14.9 Million, the voters only approved 12.385 Million. This Recreation Center is not a commercial project, it should be 35 feet tall according to the City Charter. He requested that the figure be cut down to 12.385 Million and live with what you told the public. Motion by Mr. DiTullio for the approval of Council Bill 24 (Ordinance No. 1121); seconded by Mr. Siler; carried 6-1 with Mr. Mancinelli voting no. ITEM 2. Council Bill 21 - An Ordinance providing for the approval of rezoning from Residential-Three to Restricted-Commercial District on land located at .6185 W. 38th Avenue, City of.Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-98-9) (Daniel J. and Katherine Mahoney) Council Bill 21 was introduced on second reading by Mr. Siler; title read by the Clerk; Ordinance No. 1122 assigned. Daniel J. Mahoney was sworn in by the Mayor and asked for approval of the rezoning. Meredith Reckert was sworn in by the Mayor and presented the staff report. WHEAT RIDGE CITY r -)UNCIL MEETING: JUNE 22,199` PAGE -4- Motion by Mr. Siler that Council Bill 21 (Ordinance 1122), a request for approval of rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38" Avenue, be approved for the following reasons: 1. The proposed rezoning is consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are oned R-C. 3. Minimal impacts from the rezoning are anticipated. With the following ~ondition: The existing gravel driveway and parking lot shall be paved upon sale of - - - property or upon-issuance of a building permit for conversion of the entire structure to commercial use; seconded by Mrs. Worth. Motion by Mr. DiTullio for an amendment to strike the condition as long as the property remains zoned RC; seconded by Mrs. Worth; carried 4-3 with Councilmembers Siler, Worth, and Mancinelli voting no. Vote on original motion as amended carried 7-0. ITEM 3. Council Bill 22 - An Ordinance amending the Wheat Ridge Code of Laws concerning trees, and shrubs. Approval of Arborist Rules and Regulations re: Utility Tree maintenance. Council Bill 22 was introduced on second reading by Mr. DiTullio, who also read the title. Clerk assigned Ordinance No. 1123. Bill Cassel, City Forester, was sworn in by the Mayor and answered Council's questions. t Motion by Mr. DiTullio for the approval of Council Bill 22 (Ordinance No. 1123); seconded by Mr. Siler; carried 7-0. Michael Emarine, 3030 Chase Street, read a letter from Wheat Ridge United Neighborhoods in the record, which supports Council Bill 22, but has concerns about two important exclusions in Section 24-2. Odarka Figlus, 9775 West 36" Avenue, asked that Council remember what is a weed tree to some is a tree that has been planted and nurtured and cared for by somebody else. She related an unpleasant experience her mother had had with a utility company tree trimming, that was eventually solved with Mr. Cassel's help. . Motion by Mr. DiTullio that the Arborist Board Rules and Regulations be brought back the 15' of October and further move that Jerry DiTullio be removed as Council liaison to the Arborist Board; seconded by Mrs: Worth; carried 7-0. Motion by Mrs. Dalbec that the Gold Committee meet with the Arborist Board; seconded by Mr. Siler; carried 5-2 with Mr. DiTullio and Mr. Mancinelli voting no. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: June 22, 1998 DATE PREPARED: June 8, 1998 CASE NO. & NAME: WZ-98-9/Mahoney CASE MANAGER Reckert ACTION REQUESTED: Change of Zoning from R-3 to R-C LOCATION OF REQUEST: 6185 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Daniel J. Mahoney 6185 West 38th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Daniel J. and Katherine D. Mahoney (Same as above) APPROXIMATE AREA: 17,444 square feet (.4 acre) PRESENT ZONING: Residential-Three PRESENT LAND USE: Single family residential SURROUNDING ZONING: N: R-3, S:R-3, R-2, E,W: R-C SURROUNDING LAND USE: N: multi-family; S: multi-family; E,W: commercial COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Commercial ` DATE PUBLISHED: June 5, 1998 DATE POSTED: June 5, 1998 DATED LEGAL NOTICES SENT: June 4, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS O OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant requests approval of a zone change for property located at 6185 West 38th Avenue from Residential-Three to Restricted-Commercial. The purpose of the rezoning is for conversion of the building to a commercial use. The applicant/owner currently resides on the property. If the rezoning were approved, the structure would be converted into a commercial office or a live/work situation where the owner resides on the top floor and has his office in the basement. Staff would note that all of residential zoning in Wheat Ridge allow in-home businesses as an accessory to the primary use as a residence. However, there area many restrictions such as no additional employees or signage allowed. If the property were redeveloped with the current zoning, four multi-family dwelling units would be allowed. The property is comprised of a one-story, single family structure approximately 1100 square feet in size. Access to the property is by way of a single curb cut from 38th Avenue. There is adequate graveled parking and drive area for the conversion, however, to meet commercial standards these areas must be paved. The property exceeds the minimum 10% minimum for landscaped coverage. An existing six foot high solid fence is in place along the rear property line. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on March 24, 1998. The following persons were in attendance: Meredith Reckert - City Staff Dan Mahoney - applicant Angela Cheer - 6165 West 38th Avenue The following issues were discussed: -Proposed use of the property -History of the area -The potential for multi-family units with the existing R-3 zoning -Uses allowed in the R-C and C-1 zoning -Property values in the area -The area resident in attendance did not object to the rezoning as long no offensive uses were permitted such as liquor sales or adult entertainment City Council Page 2 WZ-98-09/Mahoney III. AGENCY REFERRALS Wheat Ridge Fire Protection district can serve the property Wheat Ridge Public Works Department has no comments at this time. No additional public improvements will be required. Wheat Ridge Police Department can serve. Wheat Ridge Water District can serve. Agencies contacted but not responding: Wheat Ridge Sanitation District, Public Service Company, U.S. West Communications, TCI, Wheat Ridge Building Division IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The existing Comprehensive Plan designates this property as Neighborhood Commercial which is defined as consisting of mainly service and convenience commercial development. The property is shown as Transitional Residential in the draft Comprehensive Plan proposed Future Land Use Map. Within the text of the proposed comp plan, this designation includes small retail uses and professional services with ancillary residences and live/work situations. The R-C zone allows a variety of office and service uses, including ancillary residential uses. Staff concludes that the Restricted-Commercial zoning would be consistent with both the existing and proposed Comprehensive Plan designations. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use and zoning includes Restricted-Commercial on both the east and west with corresponding commercial uses. To the north is a multi-family development with R-3 zoning. This is the remaining property on the north side of West 38th Avenue between Harlan and Pierce Street which has not been converted to commercial. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. City Council Page 3 WZ-98-09/Mahoney There could be economic benefits from the rezoning based on an increase in property taxes. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies are already serving the property. 5. 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. As no changes are proposed to the property, there should be no impact on the amount of light and air to adjacent properties. Prior to paving, a grading permit will be required ensuring drainage problems are not created. There is adequate capacity in West 38th Avenue to accommodate future commercial land use. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently being utilized as a residence. If the property were redeveloped into multi-family, a total of four units would be allowed. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Commercial zoning abuts the property on two sides. Since the comprehensive plan supports the commercial use, spot zoning is not an issue. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility, although there does seem to be a demand for owner-occupied commercial space. V. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at a public hearing held on May 7; 1998. A recommendation of approval was made for the following reasons: 1. It is consistent with adopted and draft Comprehensive plan. 2. Parcels to either side are Restricted-Commercial. 3. Minimal impacts are anticipated with the rezoning. City Council Page 4 WZ-98-09/Mahoney With the following condition: That the parking lot be paved if the commercial use of the property is changed from the existing owner. With the following comment: The Commission has reviewed the zoning district provisions which require the residential area to be in other than the ground floor, and considers the lower floor of this particular structure to be the ground floor. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zoning is consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concludes that there is existing solid fencing and landscaping along the northern property line for buffering for the adjacent residential property. For these reasons, a recommendation of Approval is given for Case No. WZ-98-9 with the condition that the gravel driveway and parking area be paved when the entire structure is converted to commercial use. VII. RECOMMENDED MOTIONS Option A: "I move that Council Bill No. , a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be APPROVED for the following reasons: 1. The proposed rezoning is consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned R-C. 3. Minimal impacts from the rezoning are anticipated. With the following condition: The existing gravel driveway and parking lot shall be paved upon issuance of a building permit for conversion of the entire structure to commercial use." Option B: "I move that Council Bill No. , a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be DENIED for the following reasons: 1. 2. 3." C:TB Ua\CC"TS\WZ98-9SAWPD City Council Page 5 WZ-98-09/Mahoney ea ~--r-~ rT WtL W[C .LC n n R X R t%S ~ Q l ' [ d 8 ~ x ~ A x F R K R F ds 2d ro o x is S A CRRPH/C SCALE . 1"20, (prop) ` P~Owd,7, A~eo - /7, B94 Jr' O/ O. 4// ac er. N.N •f Scc r:~ TSS, 2L R Zad' . Mosw,y w a C"mge I M1 ~Q ~avl f s~l~ T3y ~ P°yf ° Zd. sec n t •s "two .y Masw•y 5•ea. ~c,as P re. is ~tf - °1'• Set's eta"tai ads 'b. B,, f pev "9oi0 9935' (Flap.) rvoa S SECS E/z SNY• SEA Sw -Seetb 14, r3s.R 3aV? gve. ze, 7 T35. ys. k 4G..9W Commissioner COLLINS stated that he did not feel the Commission should risk setting a precedent over two parking spaces. The motion failed by a vote of 3 to 3, with Commissioners BRINKMAN, COLLINS and SHOCKLEY voting no, and Commissioner DUNN absent. Chair THOMPSON declared a recess at 9:00 p.m. The meeting was reconvened at 9:05 p.m. B. Case No. WZ-98-9: An application from Daniel J. Mahoney for approval to rezone property located at 6185 West 38th Avenue from Residential-Three to Restricted Commercial. The case was presented by Meredith Reckert. She entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record. She informed that the property was within the City of Wheat Ridge; that all notification and posting requirements had been met and there was jurisdiction to hear the case. Ms. Reckert informed that the purpose of the rezoning was for conversion of the building to a commercial use. The applicant currently resides on the property and, if rezoning is approved, the structure would be converted into a commercial office or a live/work situation where the owner would reside on the top floor and maintain an office in the lower level. She noted that if the property were redeveloped with the current zoning, four multi-family units. would be allowed on the property. She advised that there was adequate graveled parking and drive area for the conversion; however to meet commercial standards these areas would have to be paved. Ms. Reckert informed that a neighborhood meeting was held on March 24, 1998 where one neighbor (Angela Cheer, 6165 West 38th Avenue) attended and stated that she did not object to the rezone as long as offensive uses such as liquor sales or adult entertainment were not allowed. Ms. Reckert pointed out that RC zoning does not allow these uses. Ms. Reckert reviewed the agency referrals and rezoning criteria and stated that it was staff's conclusion that the proposed rezoning was consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concluded that there was existing solid fencing and landscaping along the northern property line for buffering for adjacent residential property and therefore recommended approval with the condition that the gravel driveway and parking area be paved. Commissioner BRINKMAN asked if the entire parking lot would have to be paved. Ms. Reckert replied that only the ten parking spaces and driveway would have to be paved. Commissioner BRINKMAN asked if it would set a precedent to allow the owner to leave the gravel parking lot under the current use, but require paving if the use were to change to full commercial use. Ms. Reckert stated that it could be utilized with the present live/work situation without the paving. Planning Commission Minutes Page 7 May 7, 1998 Commissioner SNOW asked at what point the city could require paving. Ms. Reckert replied that if he were to change his business from residential to full commercial, a } certificate of occupancy would be required and paving would be required at that time. Commissioner SNOW discussed whether or not the basement would be considered as a ground floor in order to comply with the ordinance. Ms. Reckert replied that she felt it would fit into the intent of the ordinance. There was also discussion of the square footage required for a residential unit within a commercial building. Commissioner SNOW discussed the comments made at the neighborhood meeting and asked if offensive uses might include small animal veterinary hospitals or pet stores. Ms. Reckert informed that she gave Ms. Cheer a copy of the zoning regulations in order for her to be completely informed regarding allowed uses. Chair THOMPSON commented that if the applicant is allowed to keep the graveled parking and driveway that the Commission should require the owner to properly maintain the gravel. Commissioner GOKEY asked the reason for staff's recommendation to pave the area. Ms. Reckert replied that it was commercial standard to prevent tracking gravel into the street as well as for safety issues. The applicant appeared before the Commission. Daniel J. Mahoney 6185 West 38th Avenue Mr. Mahoney was sworn by Chair THOMPSON. He informed that the property is unusual in that the house sits over to one side leaving a large space for parking and is easily accessible from 38th Avenue. He also noted that there is room for additional landscaping. He informed the Commission that he would rather not pave the parking area and driveway at this time. He also commented that the City has raised the street over two feet during the last 48 years which has created a problem. He asked if the City now requires paving from the street to back lot line, who is responsible for the drainage problem. Chair THOMPSON informed that this would be the responsibility of the property owner. Commissioner SNOW asked Mr. Mahoney what his intent was for use of the property. He replied that he is considering the following alternatives: (1) Operate his real estate appraisal business from his residence; (2) sell the property; or (3) rent the property for commercial use. There was discussion regarding the possibility of renting the lower portion to someone other than the owner. Ms. Reckert informed that conversion of the existing residence to commercial would constitute a change which would require a certificate of occupancy. Planning Commission Minutes May 7, 1998 Chair THOMPSON asked if Mr. Mahoney would object to leaving gravel until such time as the use changes and paving would be required. He replied that he would not object since the i alternative would be to pave it now and he would rather not do that. Following further discussion, Commissioner BRINKMAN moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-9, a request for approval of a rezoning from Residential-Three to Restricted-Commercial for . property located at 6185 West 38th Avenue for the following reasons: 1. It is consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned Restricted Commercial 3. Minimal impacts are anticipated with the rezoning. With the following condition: That the parking lot be paved if the commercial use of the property is changed from the existing owner. With the following comment: 1. The Commission has reviewed the zoning district provisions which require the residential area to be in other than the ground floor, and considers the lower floor of this particular structure to be the ground floor. `y The motion carried by a vote of 6-0 with Commissioner DUNN absent. C. Case No. WZ-98-11: An application from 44 Eldridge, LLC for approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of developing an industrial park located at approximately 13500 West 44th Avenue. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-98-11 be continued to June 4, 1998. 8. 9. The motion carried by a vote of 6-0 with Commissioner DUNN absent. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. OLD BUSINESS A. Comprehensive Plan Review Meetings - Commissioner BRINKMAN requested copies of the results of these meetings be given to members of the Planning commission for discussion at a future date. Planning Commission Minutes Page 9 May 7, 1998 - 7500 WEST 29TH AVENUE The City of P.O. BOX 638 WHEAT RIDGE. CO 80034-CE38 13031 234-5900 ~1Vheat City Admin. Fax K 2345924 Police Deot. Fax 2 235 2949 Ridge POSTING CERTIFICATION CASE NO. PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, / (n a mm //e) residing at (a d d e s s) as the applicant for Case No. 6) 23, - ff- , hereby certify that I have posted the Notice of Public Hearing at ~n /gS J~C~ -kV C r O ~ L ~33 ~f (1 o c a t i o n) on this 67~ day of JU/~/ C 19 jT , 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: L4; J NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Pl annin an e-V e •1~ w 99TH a~ , i v ]seo W 4 W - $ w 99THg AvE ' ]ors o.rA m S ~~~~•••111 3960 ]606 ~ ~ 970 I ~ ~ Q 30 J wso R sou R , Q n .R .R ]e» JOID $ b05 J000 n e e S 5 ]6U 3655 O. ]6p5 5 N 99TH nvE ~ ~J911 °n R ~6 3615 . C1111 t3 gG I R SETH AVE O~ 5 Ga I it • s . - a in N N 3165 3110 w ^w 9 • R 37 R ski 3113 • u • • .g 9% The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, , WHE CO 80215-6773 (303) 234-5900 GWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 GRidge June 3, 1998 Dear Property Owner: This is to inform you that Case No. WZ-98-9 which is a request for approval of a zone change from Residential-Three to Restricted-Commercial to convert an existing residence to a commercial office use for the property located at 6185 W. 38' Avenue 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 June 22, 1998 at 7:00 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\CCRPTS\PUBNOTIC\wz9809letter.wpd CJ RECYCLED PAPER d A v U " C U u 9 ~ d y C Q r U N a C Z N d C ~ WI 3 9 d C 9 7 'd U U ~ d N N _ ry~ p ~ 1 R J~ d Q " £ a _ O O N = N L " p E 0 Eon # N0.0 I m Q U 10 N d 9 Q U • ~ ~ N N M M M N M M y M O ~ O O N J O W > O 0 ~ O N N E O Q d; p 0 y c 3 =t0 dQ0 aQ0 m m N~Q 2r0 ML0 w ~ o -o Z,M m ~M rn "M 4+ m in Imo 3 mWl ~'Oa a a 0 3iY m IL 3K . (O V y w0 N ~a yM.- m m d yO d ma ~ g<o o 0 N C'p 60_ " d ryry d L N ~ ~ K U " Q ~ ~ 0 w C O~ 0 O X0 ° C O U K i W v m 2 ❑ ❑ ❑ ® ❑ ❑ . d L U W ~ CNI T N N O Q M M M M a ~O m R'WO E m c O m m m m Q Q W z W 0 N O Q a o W 0 Una ~I CITY COUNCIL MINUTE'^: JUNE 1, 1998 PAGE -3- Motion by Mrs. Worth to amend page 5, Section 11, to read,"In the event the Licensing Authority is not yet fully constituted and trained by December, 1998, the City Council shall, acting by motion, establish a new date by which the Licensing Authority shall be fully constituted and trained"; seconded by Mrs. Dalbec; motion failed 3-5 with Mrs. Shaver, Mrs. Worth and Mrs. Dalbec voting yes. Motion by Mrs. Worth for an amendment that all liquor licensing authority matters (i.e. renewals, show cause hearings, changes of establishments, everything) be brought to the liquor authority for their approval; seconded by Mrs. Dalbec; carried 5-3 with Mr. Donnelly, Mr. Eafanti and Mr..Mancinelli voting no. Vote on original Motion carried 5-3; with Mrs. Shaver, Mrs. Dalbec and Mrs. Worth voting no. ORDINANCES ON FIRST READING ~ _j b (1 Council Bill 20 - An Ordinance amending the Wheat Ridge Code of Laws, Section 2-53(D), concerning voting rules for the D Board of Adjustment, City of Wheat Ridge, County of Jefferson, State of Colorado. Council Bill 20 was introduced on first reading by Mr. Donnelly; title and summary read by the Clerk. Mr. Dahl explained the Ordinance. M4 4n' by Mr. Donnelly that Council Bill No. 20 be approved on first reading, ordered published, public hearing be set for Monday, June 22, 1998, at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved-on second reading take effect 15 days after final publication; seconded by Mr. Eafanti; carried 8-0. t3 ,--,Council Bill 21 - An Ordinance providing for the approval of rezoning from residential-three to restricted-Commercial District on land located at 6185 W. 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. . . ~9ffiMahone~ w Council Bill 21 was introduced on first reading by Mr. Siler; title and summary read by the Clerk. CITY COUNCIL MINUTES: JUNE 1; 1998 PAGE -4- .Motion by Mr. Siler that Council Bill 21 be approved on first reading, ordered published, public hearing set for Monday, June 22, 1998, at 7:00 p.m. in City-Council-Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr. Eafanti; carried 7-1 with Mrs. Shaver voting no. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Authorization to submit COPS UHP grant„request to the Department of Justice. Item 5 was introduced by Mr. Eafanti, title and summary read by the Clerk. Motion by Mr. Eafanti that the City Council authorize the submittal of the COPS UHP grant request for an additional officer; seconded by Mr. Donnelly.. Mr. Middaugh explained the grant request and answered Council questions. Motion by Mrs. Dalbec to postpone the Motion to apply for the grant until June 8, 1998, at 6:30 p.m., and Chief Hurst and R-1 to be in attendance; seconded by Mrs. Worth; failed 3-5 with Mrs. Worth, Mrs. Dalbec and Mr. Siler voting yes. Original Motion carried 5-3 with Mrs. Shaver, Mrs. Dalbec and Mr. Siler voting no. Item 6. Acceptance of Right of Way at Harlan St. and 47th Ave. Item 6 was introduced by Mr. Siler, title and summary read by the Clerk. Motion by Mr. Siler that'the street right of way dedication identified as-'Tract A on the consolidation plat for the Queen of Vietnamese Martyrs Church development at Harlan St. and 47th Ave. be accepted by the City; seconded by Mr. Mancinelli; carried 8-0. ravc~avur. lina~a accv.r+r QUASI-JUDICIAL X _ Yes No _ PUBLIC HEARINGS _ PROC./CEREMONIES _ BIDS/MOTIONS INFORMATION ONLY AGENDA ITEM TITLE: SUMMARY/RECOMME _ CITY ADM. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS _ PUBLIC COMMENT WZ-98-9: Mahoney NDATION: Approval to rezone R-3 to R-C li AGENDA ITEM June 1 1998 _ ELEC. OFFICIALS MATTERS X ORDINANCES FOR IST READING _ ORDINANCES FOR 2ND READING RESOLUTIONS property located at 6185 West 38`h Avenue from ATTACHMENTS : 1)PC Staff Report 2)Zoning Map 3)Site Plan 4)Letter of Request 5)May 7,1998 PC Minutes 6)Ordinance of Approval BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill No. be approved on first reading, ordered published, public hearing set for Monday, June 22, 1998, at 7:00 p.m. in City Council Chambers, Municipal Building,, and if approved on second reading, take effect 15 days after final publication." C:\Barbara\CCRPTS\wz989memo.wpd • 1 t. . CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 20, 1998 May 7, 1998 DATE PREPARED: ~ CASE NO. & NAME: ft-9Mlahoney CASE MANAGERS M. Reckert ACTION REQUESTED: Rezone from R-3 to R-C LOCATION OF REQUEST: 6185 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Daniel J. Mahoney 6185 West 38th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Daniel J. and Katherine D. Mahoney (Same as above) APPROXIMATE AREA: PRESENT ZONING: 17,444 square feet (A acre) Residential-Three PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: Single family residential N: R-3, S:R-3, R-2, E,W: R-C N: multi-family; S: multi-family; E,W: commercial Neighborhood Commercial April 17, 1998 April 23, 1998 DATED LEGAL NOTICES SENT: April 10, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS Q OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. e_ l c. 1. REQUEST The applicant requests approval of a rezoning of property located at 6185 West 38th Avenue from Residential-Three to Restricted-Commercial. The purpose of the rezoning is for conversion of the building to a commercial use. The applicant/owner currently resides on the property. If the rezoning were approved, the structure would be converted into a commercial office or a live/work situation where the pwner resides on the top floor and has his office in the basement. 6 Staff would note that all of residential zoning in Wheat Ridge allow in-home businesses as an accessory to the primary use as a residence. However, there area many restrictions such as no additional employees or signage allowed. If the property were redeveloped with the current zoning, four multi-family dwelling units would be allowed. The property is comprised of a one-story, single family structure approximately 1100 square feet in size. Access to the property is by way of a"single curb cut from 38th Avenue. There is adequate graveled parking and drive area for the conversion, however, to meet commercial standards these areas must be paved. The property exceeds the minimum 10% minimum for landscaped coverage. An existing six foot high solid fence is in place along the rear property line. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on March 24, 1998. The following persons were in attendance: Meredith Recker( - City Staff Dan Mahoney - applicant Angela Cheer - 6165 West 38th Avenue The following issues were discussed: -Proposed use of the property -History of the area -The potential for multi-family units with the existing R-3 zoning -Uses allowed in the R-C and C-I zoning -Property values in the area -The area resident in attendance did not object to the rezoning as long no offensive uses were permitted such as liquor sales or adult entertainment Planning Commission WZ-98-09/Mahoney Page 2 III. AGENCY REFERRALS Wheat Ridge Fire Protection district can serve the property. Wheat Ridge Public Works Department has no comments at this time. No additional public improvements will be required. Wheat Ridge Police Department can serve. Wheat Ridge Water District can serve. Agencies contacted but not responding: Wheat Ridge Sanitation District, Public Service Company, U.S. West Communications, TCI, Wheat Ridge Building Division IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 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 existing Comprehensive Plan designates this property as Neighborhood Commercial which is defined as consisting of mainly service and convenience commercial development. The property is shown as Transitional Residential in the draft Comprehensive Plan proposed Future Land Use Map. Within the text of the proposed comp plan, this designation includes small retail uses and professional services with ancillary residences and live/work situations. The R-C zone allows a variety of office and service uses, including ancillary residential uses. Staff concludes that the Restricted-Commercial zoning would be consistent with both the existing and proposed Comprehensive Plan designations. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to.be derived. Surrounding land use and zoning includes Restricted-Commercial on both the east and west with corresponding commercial uses. To the north is a multi-family development with R-3 zoning. This is the remaining property on the north side of West 38th Avenue between Harlan and Pierce Street which has not been converted to commercial. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits from the rezoning based on an increase in property taxes. Planning Commission Page 3 WZ-98-09.iMahoney 3 t 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies are already serving the property. 5. 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. As no changes are proposed to the property, there should be no impact on the amount of light and air to adjacent properties. Prior to paving, a grading permit will be required ensuring drainage problems are not created. There is adequate capacity in West 38th Avenue to accommodate future commercial land use. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently being utilized as a residence. If the property were redeveloped into multi-family, a total of four units would be allowed. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Commercial zoning abuts the property on two sides. Since the comprehensive plan supports the commercial use, spot zoning is not an issue. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility, although there does seem to be a demand for owner-occupied commercial space. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed rezoning is consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concludes that there is existing solid fencing and landscaping along the northern property line for buffering for the adjacent residential property For these reasons, a recommendation of Approval is given for Case No. WZ-98-9 with the condition that the gravel driveway and parking area be paved. Planning Commission WZ-98-09/Mahoney Page 4 J t V. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-98-9, a request for approval of a rezoning from Residential- Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be APPROVED for the following reasons: 1. Consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned R-C. 3. Minimal impacure anticipated. With the following condition: Parking lot will be paved." Option B: "I move that Case No. WZ-98-9, a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be DENIED for the following reasons: 1. 2. 3." C \Barbara\PCRPTS\WZ98-9SR.WPn Planning Commission Page 5 WZ-98-09/Mahoney J J Z{ 3 = , IR K F . a)- 0 r c Scc t e.. I6. T35, 2G4W d p O h rs S ro CKAPH/C SCALE 20' (Prop.) Pcope~te' Lrnc Rieo 94 sf. Qn 0. 4/f Oc . hloru•y w n Gapq< 21 5E\/6 5~ ~q Pa~f Za, n Z S walk Seel /a r r fe" 46 c fd. j5 0~ t6n fGi 90/0 \ •v 5,.~:< Sr..y L B.eq a > $ L .A P y. fOap ~y- / 5bia ~I I SEC n<. M I E/z SwS'< f, rSW ~m N:T35. R _ Stc ~ w 39 ?V7,a uE. S r4 c;..< 775` x< T35. 16 9W W 0-7 ` Poi Daniel J. Mahoney Rod Estate Appraiser 6 Consnthnt State of Colorado Catl6ed Gaud App 41Ws CW181= sm5 Na&mart l Fakwey, 5Wte 3soo • Weem9heMt,CO smi • 091- M)425-MS -FAX (n M FAX MESSAGE DATE _4/13/98 RE: Rezoning of 6185 W. 38th Ave. TO:_Meredith Reckert senior Planner City of Wheatridge FROM:-Dan Mahoney No. OF PAGES INCLUDING THIS PAGE ---1--- At present, my wife and I are occupying the above property as our home. We moved to the house in 1989 to take care of my mother in what turned out to be her final illness. She died in Christopher House in 8/94. We purchased the property out of the estate in 1/96. My folks originally purchased and lived in 6175 W. 38th Ave. in 1950 and occupied one or the other of the two properties until their deaths. We feel that a change in zoning to Restricted commercial is appropriate because of the following: 1. The property is less and desirable as a home because of the noise and danger from the high traffic count on W. 38th Ave. The street has been widened from a 2 lane street to it's present four lane with no parking. 2. The properties on both sides and for some distance along W. 38th Ave. in both directions are zoned Commercial and decrease the value as a home. There is a Dentistls office on one side and a Drug and Alcoholic Halfway Houe on the other. 3. Planning officials have told us they would be agreeable to rezoning because of the fact that overall planning for the City is commercial along our strip of W. 38th Ave. If the City approves rezoning to Restricted Commercial I would utilize the property as an office for my appraisal business, sell the property or rent the property to a tenant under a use defined in the R-C zoning. Thank you for considering our request for rezoning. Dan Mahoney Commissioner COLLINS stated that he did not feel the Commission should risk setting a precedent over two parking spaces. The motion failed by a vote of 3 to 3, with Commissioners BRINKMAN, COLLINS and SHOCKLEY voting no, and Commissioner DUNN absent. Chair THOMPSON declared a recess at 9:00 p.m. The meeting was reconvened at 9:05 p.m. B. Case No. WZ-98-9: An application from Daniel J. Mahoney for approval to rezone property located at 6185 West 38th Avenue from Residential-Three to Restricted Commercial. The case was presented by Meredith Reckert. She entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record. She informed that the property was within the City of Wheat Ridge; that all notification and posting requirements had been met and there was jurisdiction to hear the case. Ms. Reckert informed that the purpose of the rezoning was for conversion of the building to a commercial use. The applicant currently resides on the property and, if rezoning is approved, the structure would be converted into a commercial office or a live/work situation where the owner would reside on the top floor and maintain an office in the lower level. She noted that if the property were redeveloped with the current zoning, four multi-family units would be allowed on the property. She advised that there was adequate graveled parking and drive area for the conversion; however to meet commercial standards these areas would have to be paved. Ms. Reckert informed that a neighborhood meeting was held on March 24, 1998 where one neighbor (Angela Cheer, 6165 West 38th Avenue) attended and stated that she did not object to the rezone as long as offensive uses such as liquor sales or adult entertainment were not allowed. Ms. Reckert pointed out that RC zoning does not allow these uses. Ms. Reckert reviewed the agency referrals and rezoning criteria and stated that it was staff's conclusion that the proposed rezoning was consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concluded that there was existing solid fencing and landscaping along the northern property line for buffering for adjacent residential property and therefore recommended approval with the condition that the gravel driveway and parking area be paved. Commissioner BRINKMAN asked if the entire parking lot would have to be paved. Ms. Reckert replied that only the ten parking spaces and driveway would have to be paved. Commissioner BRINKMAN asked if it would set a precedent to allow the owner to leave the gravel parking lot under the current use, but require paving if the use were to change to full commercial use. Ms. Reckert stated that it could be utilized with the present live/work situation without the paving. Planning Commission Minutes Page 7 May 7, 1998 - Commissioner SNOW asked at what point the city could require paving. Ms. Reckert replied that if he were to change his business from residential to full commercial, a certificate of occupancy would be required and paving would be required at that time. Commissioner SNOW discussed whether or not the basement would be considered as a ground floor in order to comply with the ordinance. Ms. Reckert replied that she felt it would fit into the intent of the ordinance. There was also discussion of the square footage required for a residential unit within a commercial building. Commissioner SNOW discussed the comments made at the neighborhood meeting and asked if offensive uses might include. small animal veterinary hospitals or pet stores. Ms. Reckert informed that she gave Ms. Cheer a copy of the zoning regulations in order for her to be completely informed regarding allowed uses. Chair THOMPSON commented that if the applicant is allowed to keep the graveled parking and driveway that the Commission should require the owner to properly maintain the gravel. Commissioner GOKEY asked the reason for staff's recommendation to pave the area. Ms. Reckert replied that it was commercial standard to prevent tracking gravel into the street as well as for safety issues. The applicant appeared before the Commission Daniel I Mahoney 6185 West 38th Avenue Mr. Mahoney was sworn by Chair THOMPSON. He informed that the property is unusual in that the house sits over to one side leaving a large space for parking and is easily accessible from 38th Avenue. He also noted that there is room for additional landscaping. He informed the Commission that he would rather not pave the parking area and driveway at this time. He also commented that the City has raised the street over two feet during the last 48 years which has created a problem. He asked if the City now requires paving from the street to back lot line, who is responsible for the drainage problem. Chair THOMPSON informed that this would be the responsibility of the property owner. Commissioner SNOW asked Mr. Mahoney what his intent was for use of the property. He replied that he is considering the following alternatives: (1) Operate his real estate appraisal business from his residence; (2) sell the property; or (3) rent the property for commercial use. There was discussion regarding the possibility of renting the lower portion to someone other than the owner. Ms. Reckert informed that conversion of the existing residence to commercial would constitute a change which would require a certificate of occupancy. Planning Commission Minutes Page 8 May 7, 1998 Chair THOMPSON asked if Mr. Mahoney would object to leaving gravel until such time as the use changes and paving would be required. He replied that he would not object since the alternative would be to pave it now and he would rather not do that. Following further discussion, Commissioner BRINKMAN moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-9, a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue for the following reasons: I. It is consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned Restricted Commercial 3. Minimal impacts are anticipated with the rezoning. With the following condition: That the parking lot be paved if the commercial use of the property is changed from the existing owner. With the following comment: 1. The Commission has reviewed the zoning district provisions which require the residential area to be in other than the ground floor, and considers the lower floor of this particular structure to be the ground floor. The motion carried by a vote of 6-0 with Commissioner DUNN absent. C. Case No. WZ-98-11: An application from 44 Eldridge, LLC for approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of developing an industrial park located at approximately 13500 West 44th Avenue. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-98-11 be continued to June 4, 1998. The motion carried by a vote of 6-0 with Commissioner DUNN absent. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Comprehensive Plan Review Meetings - Commissioner BRINKMAN requested copies of the results of these meetings be given to members of the Planning commission for discussion at a future date. Planning Commission Minutes May 7, 1998 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. _ Series of 1998 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-THREE TO RESTRICTED-COMMERCIAL DISTRICT ON LAND LOCATED AT 6185 W. 38`" AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Upon application by David J. and Katherine D. Mahoney approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-98-9 and based on recommendation for approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from R-3 zone district, and to include in the R-C the following described land: A tract of land in the Northeast Quarter of Section 21, Township 3 South, Range 69 West, of the 6" P.M. in Jefferson County, State of Colorado, more particularly described as follows: Beginning at a point that is 1529.75 feet south and 447 feet West from the Northeast corner of said Section 21; thence West 215 feet; thence South 193 feet; thence Northeasterly 289 feet, more or less, to a Point of Beginning, County of Jefferson, State of Colorado, as described in Reception Number 94046061 of the records of Jefferson County, Colorado. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c)of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1998, 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 1998, 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 1998. SIGNED by the Mayor on this day of 1 1998. 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:\Barbara\CCRPTS\RESO-ORD\WZ989Mahoney.wpd 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 May 8, 1998 Mr. Daniel J. Mahoney 6185 W. 38' Avenue Wheat Ridge, CO 80033 Dear Mr. Mahoney: Ridge Please be advised that at its meeting of May 7, 1998, the Planning Commission recommended approval of your request for a zone change from R-3 to R-C, subject to conditions, for the property located at 6185 West 38'n Avenue. The project planner will be in contact with you for additional information or once your request is scheduled before the City Council for their approval. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, Barbara Delgadillo Planning and Development Secretary Attachments: Copy of Draft Planning Commission Minutes /bd cc: WZ-98-09 Commissioner COLLINS stated that he did not feel the Commission should risk setting a precedent over two parking spaces. The motion failed by a vote of 3 to 3, with Commissioners BRINKMAN, COLLINS and SHOCKLEY voting no, and Commissioner DUNN absent. Chair THOMPSON declared a recess at 9:00 p.m. The meeting was reconvened at 9:05 p.m. B. "s<Case No. WZ-98-9: An application from Daniel J. Mahoney for approval to rezone property located at 6185 West 38th Avenue from Residential-Three to Restricted Commercial. The case was presented by Meredith Reckert. She entered the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record. She informed that the property was within the City of Wheat Ridge; that all notification and posting requirements had been met and there wasjurisdiction to hear the case. Ms. Reckert informed that the purpose of the rezoning was for conversion of the building to a commercial use. The applicant currently resides on the property and, if rezoning is approved, the structure would be converted into a commercial office or a live/work situation where the owner would reside on the top floor and maintain an office in the lower level. She noted that if the property were redeveloped with the current zoning, four multi-family units would be allowed on the property. She advised that there was adequate graveled parking and drive area for the conversion; however to meet commercial standards these areas would have to be paved. Ms. Reckert informed that a neighborhood meeting was held on March 24, 1998 where one neighbor (Angela Cheer, 6165 West 38th Avenue) attended and stated that she did not object to the rezone as long as offensive uses such as liquor sales or adult entertainment were not allowed. Ms. Reckert pointed out that RC zoning does not allow these uses. Ms. Reckert reviewed the agency referrals and rezoning criteria and stated that it was staff's conclusion that the proposed rezoning was consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concluded that there was existing solid fencing and landscaping along the northern property line for buffering for adjacent residential property and therefore recommended approval with the condition that the gravel driveway and parking area be paved. Commissioner BRINKMAN asked if the entire parking lot would have to be paved. Ms. Reckert replied that only the ten parking spaces and driveway would have to be paved. Commissioner BRINKMAN asked if it would set a precedent to allow the owner to leave the gravel parking lot under the current use, but require paving if the use were to change to full commercial use. Ms. Rocked stated that it could be utilized with the present live/work situation without the paving. Planning Commission Minutes Page 7 May 7, 1998 Commissioner SNOW asked at what point the city could require paving. Ms. Reckert replied that if he were to change his business from residential to full commercial, a certificate of occupancy would be required and paving would be required at that time. Commissioner SNOW discussed whether or not the basement would be considered as a ground floor in order to comply with the ordinance. Ms. Reckert replied that she felt it would fit into the intent of the ordinance. There was also discussion of the square footage required for a residential unit within a commercial building. Commissioner SNOW discussed the comments made at the neighborhood meeting and asked if offensive uses might include small animal veterinary hospitals or pet stores. Ms. Reckert informed that she gave Ms. Cheer a copy of the zoning regulations in order for her to be completely informed regarding allowed uses. Chair THOMPSON commented that if the applicant is allowed to keep the graveled parking and driveway that the Commission should require the owner to properly maintain the gravel. Commissioner GOKEY asked the reason for staffs recommendation to pave the area. Ms. Reckert replied that it was commercial standard to prevent tracking gravel into the street as well as for safety issues. The applicant appeared before the Commission. Daniel I Mahoney 6185 West 38th Avenue Mr. Mahoney was sworn by Chair THOMPSON. He informed that the property is unusual in that the house sits over to one side leaving a large space for parking and is easily accessible from 38th Avenue. He also noted that there is room for additional landscaping. He informed the Commission that he would rather not pave the parking area and driveway at this time. He also commented that the City has raised the street over two feet during the last 48 years which has created a problem. He asked if the City now requires paving from the street to back lot line, who is responsible for the drainage problem. Chair THOMPSON informed that this would be the responsibility of the property owner. Commissioner SNOW asked Mr. Mahoney what his intent was for use of the property. He replied that he is considering the following alternatives: (1) Operate his real estate appraisal business from his residence; (2) sell the property; or (3) rent the property for commercial use. There was discussion regarding the possibility of renting the lower portion to someone other than the owner. Ms. Reckert informed that conversion of the existing residence to commercial would constitute a change which would require a certificate of occupancy. Planning Commission Minutes - Page 8 May 7, 1998 Chair THOMPSON asked if Mr. Mahoney would object to leaving gravel until such time as the use changes and paving would be required. He replied that he would not object since the alternative would be to pave it now and he would rather not do that. Following further discussion, Commissioner BRINKMAN moved and Commissioner SHOCKLEY seconded to recommend that the City Council APPROVE Case No. WZ-98-9, a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue for the following reasons: 1. It is consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned Restricted Commercial 3. Minimal impacts are anticipated with the rezoning. With the following condition: That the parking lot be paved if the commercial use of the property is changed from the existing owner. With the following comment: 1. The Commission has reviewed the zoning district provisions which require the residential area to be in other than the ground floor, and considers the lower floor of this particular structure to be the ground floor. The motion carried by a vote of 6-0 with Commissioner DUNN absent. C. Case No. WZ-98-11: An application from 44 Eldridge, LLC for approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of developing an industrial park located at approximately 13500 West 44th Avenue. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-98-11 be continued to June 4, 1998. The motion carried by a vote of 6-0 with Commissioner DUNN absent. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Comprehensive Plan Review Meetings - Commissioner BRINKMAN requested copies of the results of these meetings be given to members of the Planning commission for discussion at a future date. Planning Commission Minutes Page, 9 May 7, 1998 TO: DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission May 7, 1998 DATE PREPARED: April 20, 1998 WZ-08-9/Mahoney CASE MANAGER: M Reckert Rezone from R-3 to R-C 6185 West 38th Avenue NAME & ADDRESS OF APPLICANT(S): Daniel J. Mahoney 6185 West 38th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: Daniel J. and Katherine D. Mahoney (Same as above) COMPREHENSIVE PLAN FOR THE AREA: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE Q SUBDIVISION REGULATIONS OTHER 17,444 square feet (.4 acre) Residential-Three Single family residential N: R-3, S:R-3, R-2, E,W: R-C N: multi-family; S: multi-family; E,W: commercial Neighborhood Commercial April 17, 1998 April 23, 1998 April 10, 1998 (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. 42'' I. REQUEST The applicant requests approval of a rezoning of property located at 6185 West 38th Avenue from Residential-Three to Restricted-Commercial: The purpose of the rezoning is for conversion of the building to a commercial use. The applicant/owner currently resides on the property. If the rezoning were approved, the structure would be converted into a commercial office or a live/work situation where the owner resides on the top floor and has his office in the basement. Staff would note that all of residential zoning in Wheat Ridge allow in-home businesses as an accessory to the primary use as a residence. However, there area many restrictions such as no additional employees or signage allowed. If the property were redeveloped with the current zoning, four multi-family dwelling units would be allowed. The property is comprised of a one-story, single family structure approximately 1100 square feet in size. Access to the property is by way of a single curb cut from 38th Avenue. There is adequate graveled parking and drive area for the conversion, however, to meet commercial standards these areas must be paved. The property exceeds the minimum 10% minimum for landscaped coverage. An existing six foot high solid fence is in place along the rear property line. II. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on March 24, 1998. The following persons were in attendance: Meredith Reckert - City Staff Dan Mahoney - applicant Angela Cheer - 6165 West 38th Avenue The following issues were discussed: -Proposed use of the property -History of the area -The potential for multi-family units with the existing R-3 zoning -Uses allowed in the R-C and C-1 zoning -Property values in the area -The area resident in attendance did not object to the rezoning as long no offensive uses were permitted such as liquor sales or adult entertainment Planning Commission WZ-98-09/Mahoney Page 2 6~~ III. AGENCY REFERRALS Wheat Ridge Fire Protection district can serve the property. Wheat Ridge Public Works Department has no comments at this time. No additional public improvements will be required. Wheat Ridge Police Department can serve. Wheat Ridge Water District can serve. Agencies contacted but not responding: Wheat Ridge Sanitation District, Public Service Company, U.S. West Communications, TCI, Wheat Ridge Building Division IV. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): 1. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. The existing Comprehensive Plan designates this property as Neighborhood Commercial which is defined as consisting of mainly service and convenience commercial development. The property is shown as Transitional Residential in the draft Comprehensive Plan proposed Future Land Use Map. Within the text of the proposed comp plan, this designation includes small retail uses and professional services with ancillary residences and live/work situations. The R-C zone allows a variety of office and service uses, including ancillary residential uses. Staff concludes that the Restricted-Commercial zoning would be consistent with both the existing and proposed Comprehensive Plan designations. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use and zoning includes Restricted-Commercial on both the east and west with corresponding commercial uses. To the north is a multi-family development with R-3 zoning. This is the remaining property on the north side of West 38th Avenue between Harlan and Pierce Street which has not been converted to commercial. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. There could be economic benefits from the rezoning based on an increase in property taxes. Planning Commission Page 3 WZ-98-09/Mahoney 3 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies are already serving the property. 5. 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. As no changes are proposed to the property, there should be no impact on the amount of light and air to adjacent properties. Prior to paving, a grading permit will be required ensuring drainage problems are not created. There is adequate capacity in West 38th Avenue to accommodate future commercial land use. 6. That the property cannot reasonably be developed under the existing zoning conditions. The property is currently being utilized as a residence. If the property were redeveloped into multi-family, a total of four units would be allowed. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Commercial zoning abuts the property on two sides. Since the comprehensive plan supports the commercial use, spot zoning is not an issue. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility, although there does seem to be a demand for owner-occupied commercial space. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed rezoning is consistent with the existing Comprehensive Plan and adjacent land use on the east and west. Staff further concludes that there is existing solid fencing and landscaping along the northern property line for buffering for the adjacent residential property For these reasons, a recommendation of Approval is given for Case No. WZ-98-9 with the condition that the gravel driveway and parking area be paved. Planning Commission WZ-98-09/Mahoney 4~ q V. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-98-9, a request for approval of a rezoning from Residential- Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be APPROVED for the following reasons: 1. Consistent with adopted and draft Comprehensive Plan. 2. Parcels to either side are zoned R-C. 3. Minimal impac3are anticipated. With the following condition: 1. Parking lot will be paved." Option B: "I move that Case No. WZ-98-9, a request for approval of a rezoning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be DENIED for the following reasons: 1. 2. 3." C:\Bubua\PCRPTS\WZ98-9SR. W PD Planning Commission - - Page 5 WZ-98-09/Mahoney sea ssor I oio9 sao9 mw _ sso9 scos ¢v9 c ~ 4 S oeo9 ~ ~ 9809 Si09 _ 60G GBOY 9019 • OSOC Ol t9 SY09 1S S TM1~NI s16s ec am o1a .oor r-~-rte r->- wcc c9cc ncc ~ R cos4 ~ ~ Q g~ M 1 x 9 Al -'1 91 01 M 7R L I r 3 mr-=-r-r-i r Scc Finn 26. T35, 2(9W rro b O h /s S ro CRAPH/C SCALE r"- 20' ~Piup) • Property Lr~~ Areo /7, 894 .r t: on 0. 4110, P OF ) Par ~i°n Sec T35 R 2 5'-Ik /c r 355' Ul * ~~Q S~q/r Sfnry \ ` Masonry .S/d9 tGi85 M1 r Nfx ~ K 6 ram/a.z' ;n le if if N Cniflop ,p I-V o. O yr_ w. m/h gVE. _ $o tR LiM ---r W 7-05, S 6 W 735, 4G 9 fg Sr `5 Po. fu/OCop "9 TPOe SEC nen E/z SNYs rY SW Sacflw, 24, . T3S. R 0i7 ro au P O 1 Daniel j. Mahoney Real Estate Appraiser a Consultant gist. of Cnlondo CerdW G+eaaal Appaal9er v CG01815528 496 9035 Wade rthPartway. Suite 3900 • We4tadnds,. CO 50021 .Oem (308) 4150895 • Fax (303) 425-0 FAX MESSAGE DATE _4/13/98 RE: Rezoning of 6185 W. 38th Ave. TO: Meredith Reckert senior Planner City of Wheatridge FROM. Dan Mahoney No. OF PAGES INCLUDING THIS PAGE ---1--- At present, my wife and I are occupying the above property as our home. We moved to the house in 1989 to take care of my mother in what turned out to be her final illness. She died in Christopher House in 8/94. We purchased the property out of the estate in 1/96. My folks originally purchased and lived in 6175 W. 38th Ave. in 1950 and occupied one or the other of the two properties until their deaths. We feel that a change in zoning to Restricted commercial is appropriate because of the following: 1. The property is less and desirable as a home because of the noise and danger from the high traffic count on W. 38th Ave. The street has been widened from a 2 lane street to it's present four lane with no parking. 2. The properties on both sides and for some distance along W. 38th Ave. in both directions are zoned Commercial and decrease the value as a home. 't'here is a Dentists office on one side and a Drug and Alcoholic Halfway Houe on the other. 3. Planning officials have told us they would be agreeable to rezoning because of the fact that overall planning for the City is commercial along our strip of w. 38th Ave. If the City approves rezoning to Restricted Commercial I would utilize the property as an office for my appraisal business, sell the property or rent the property to a tenant under a use defined in the R-C zoning. Thank you for considering our request for rezoning. Dan Mahoney Received: 4/ 8/98 9:28AM; CITY OF WHEAT RIDGE; Page 2 P O 2 FIRST AMERICAN TITLE INSupANCE COMPANY OWNER'S POLICY BCHEDDLB A dw-Wp1392-02/19/96 07:20:40 Order No. NRI844SC95 Policy No. J414505 Amount of Insurance $34,285.71 Premium $530.00 Date of Policy: February 8, 1996 at 8:00 A.M. 1. Name of. Insured: Daniel J. Mahoney and Katherine D. Mahoney 2. your interest in the land covered by thin policy Jar FEE SIMPLE 3. The land referred to in this policy is daecribad as follows; The East 1 1/2 acres of the East 1/2 Southwest 1/4 Southeast 1/4 Southwest 1/4 Section 24, Township 3 south, Range 69 West of the 6th P.M., except the North 300 feet thereof, and except that portion conveyed, by Warranty Deed recorded June 13, 1969 in Hook 2110 at Page 315; except that portion conveyed by Warranty Deed Yecorded.July 14, 1969 in Book 2117 at Page 263 and except the South 30 feet conveyed to the city of Wheat Ridge by need recorded June 27, 1991 as Reception No. 91056584, County of Jefferson, State of Colorado. Received: 4/ 8/98 9:28AM; 7 CITY OF WHEAT RIDGE; Page 3 1-03 . 8I ]ImSaI GN TITLE INaVfiAY9 LIOASCR 7- 8 CO Order No. NR18445C95 Policy No. J414505 6a:cngtione In addition to the Exclusions, you are not insured against loss, coots, attorneys' fans, ~rnd expenses resulting from: 1. Taxes and Assessments not certified to the Treasurers Office. 2. All taxes and assessments for the year 1996 and subsequent years, a lien, but not yet due or payable. 3. Deed of Trust from Daniel J. Mahoney and Katherine D. Mahoney, to the Public Trustee of Jefferson County, for the benefit of 1st National Hank of. Arvada, securing an original principal indebtedness of $ 45, and any other amounts and/or obligations dated January 29, 1996, recorded February 7, 1996 at Reception No. F0182939. ~j`la The City of GWhe at ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Daniel J. Mahoney Address 6185 W. 38th Avenue Phone 425-0895 Daniel J. Mahoney Owner Katherine D. Mahoney Address 6185 W. 38th Avenue Phone 425-0895 Location of request 6185 W. 38th Avenue, Wheat Ridge, CO 80033 Type of action requested (check one or more of the actions listed below which pertain to your request.) F 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/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ❑ See attached procedural guide mineral extraction permit for specific requirements. ❑ Other Detailed Description of request Change from R-3 to RC. Properties on both sides are R-C List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Owner (as above) 1st National Bank of Arvada, 7530 Grandview Avenue, Arvada, CO 80002 303-422-1441 (Ched Miller, VP) 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 m t submit power-of-attorney from the owner which approved of this actio o his be f Signature of Applicant G Subscribed and sworn me thi f 19 ~O y u is SEAL Qaa/ My commission expires Date Received -~-7 jr Receipt No. 5`7~ Case No. -500 WEST 29TH AVENUE The City of P.O" BOX 638 WHEAT RIDGE. CO 8003a-0235 13031 23-1-5900 ~1Vheat City Admin. Fax 4' 234.5924 Police Dept. Fax: 235-2949 GRidge POSTING CERTIFICATION CASE NO. i ~~bb~' PLANNING COMMISSION - CITY CO CIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: (n a mm e) 3 residing at (a d d r e 's s) as the applicant for Case No. - hereby certify that I have posted the Notice of Public Baring at 4 (1 o c a t i o n) on this l day of R 19 Tff , 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. NOTE: <pc> rev. Signature: This form must be submitted at the publi Baring on s case and will be placed in the applicant's case file at the Department of Planning and Development. The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 WHEAT Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge April 10, 1998 Dear Property Owner: This is to inform you that Case No. WZ-98-9 which is a request for approval of a zone change from Residential-Three to Restricted-commercial to convert existing residence to a commercial office use for the property located at 6185 W. 38`t' Avenue 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 May 7, 1998 at 7:30 p.m. All owners and/or their, legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you are an adjacent property owner, you have the right to file a legal protest against the application which would require a 3/4th majority vote of City Council to approve the request. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\PCRPTS\PLANGCOM\PUBHRG\wz9809.wpd C. RECYCLED PAPER SU • Car e, w Car m • Par can • Ads d _pen • writ The deli, 0 3. At v r E i and/or 2 for additional services:- . I also wish to receive the 3, 4a, and 4b. - following services (for an h and address on the reverse of this form so that we can return this extra fee): to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address 2 =.ceipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery it wt will show to whom the article was delivered and the date N Consult postmaster for fee. X 4b. Service Type ❑ Registered ❑ Express Mail ❑ Return Receipt for < SIBBIE L. WEST U PO BOX 150224 V LAKEWOOD, CO 80215-0224 M zC¢aI,1 al 5. Received Bv- /Print Afar„<I ¢I 6. Sic 3 T ^ 12 PS Fc and fee is paid) 109595-98-e-0229 0 Certified 2 Insured uldise ❑ COD 0 !Only If requested Y . c m F Return SENDER: Complete items I and/or 2 for additional service's:'"'rte 7 1-r t..11 ) r7+ • Complete items 3, 4a, and 4b. m • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not w permit. • Write "Return Receipt Requested"on the mailpiece below the article number. t • The Return Receipt will show to whom the article was delivered and the date delivered, 0 3. Article Addressed to: 4a. Article d Z15E d d 4b. $eNIC( E I al$oyvvish to receive the follga.g seivides%(tor a4t` i - I extra fee): 1. ❑ Addressee's Address U' 2. ❑ Restricted Delivery m Consult postmaster for fee. g: 0 MARY H. MAHONEY ❑ Registered 6185 W 38TH AVE ❑ Express Mail WHEAT.RIDGE CO 80033-5146 ❑ Return Receipt for 7. Date of De>Kery Certified ¢ Insured ❑ COD O 'requested m m 8. Atltlre,Xsee's;Address (Only and fee is paid) t 6. Slgn ure:. - t- o T u ~.ir u st:: 16i1:rI1 nt111ir1r4furlL rldiiillt)et);lhr))ari x PS Form d SENDER: r t_ 9 • Complete items 1 and/or 21or addiriofiQl-: 1 f f-". ° I also wiph4o recpive.the,,,,-, following Se Er§'(fdr`iIn y y • Complete items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can return this extra fee): card to or on the back if space does not h this form to the front of the mailpiece Att 1. El Addressee's Address Z d , ac • permit. • Write "Refum Receipt R on the mailpiece below the article number. . El Restricted Delivery m N • The Return Receipt will show show to whom the article was delivered and the date Consult postmaster for fee. a' tlelivered. . 0 3. Article Addressed to: 4a. Article N umber m V ~p S n 4b. Service Type E ❑ Registered v GILBERT J. HERRERA ❑ Express Mail 6175 W 38TH AVE EAT RIDGE CO 60033-5146 F-1 O Return Reeip or N1 ha nddise M WH e an z0 5. Received By: (Print Name) 8. Addre ee's Address (Only and f e is paid) f 6. Sign ure «'e~t~ldu~~nua~ ~sitlu~r~ntr~~t~n{+~i~~+n~t~rjt~u~r~ 9 PS Form381 c 9 m. c w 'o a c f y SENDER: _ ; also wish,toiyg the„ _ • Complete items 1 and/or 2 for additi¢Rarigr.&R. +11 _ fafl6WIr1J Se a '(for&n.: _ m y • Complete items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can return this extra fee): a v card to you. • Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address 2 '2 permit. • Write 'Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery m y L • The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. n delivered. d 3. Article Addressed to: 4a. Article N umbe o 0 r t e c 4b. Service Type PATRICIA A. POTTS ~ ❑ Registered I Certified X v 6145 W 38TH AVE , r El Express Mail La ` Insured to w WHEAT RIDGE CO 80033-5146 ❑ Return Receipt for Mer handise ❑ COD 7. Date of De' e o a ; 5. ceived By: (Print Name_Lf 8 Addr see Address (Only if requested , ,a fy and fee is paid) f f- _ " Certified Insured ❑ COD 6. Signature: . T X i h PS Form 38' Il+r~N1+fill urrs I jtrr Hit lrlirS111l1ujAL I'll tlelsw III III 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 May.7, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WZ-98-06: An application from Baptist Home Association of the Rocky Mountains, Inc. for approval of an amendment to the Mountain Vista Retirement Village Planned Community Development (PCD) final development plan with a setback variance for the construction of six independent living units located at 4700 Tabor Street. Said property is legally described as follows: Lot 4, Mountain Vista Retirement Village located in Section 17 and 20, Township 3 South, Range 69 West, 6r" Principal Meridian, City of Wheat Ridge, State of Colorado. 2. Case No. WZ-98-09: -An application from Daniel Mahoney for approval of a zone change from Residential-Three to Restricted-Commercial to convert existing residence to a commercial office use. Said property is located at 6185 W. 38th Avenue and legally described as follows: That part of the East 1.5 acres of the East % of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 24, Township 3 South, Range 69 West of the 6`h Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Beginning at the Southeast comer of the East southwest 1/4, south east 1/4, southwest 1/4 of said section 24; thence northerly 30.00 feet to the True Point of Beginning; thence Westerly 99.35 feet; thence Northerly 180.09 feet; thence Easterly 99.36 feet; thence Southerly 180.09 feet to the True Point of Beginning, except the North 4.5 feet as described in deed reported July 14, 1969, in Book 2117 at Page 262. - - Case No. WS-98-02: An application by 44 Eldridge, LLC for approval of a 29 lot subdivision for the purpose of development an industrial park located at approximately 13500 W. 44`h Avenue and legally described as follows: A tract of land located in the East % of Section 19 and in the West of Section 20. All in Township 3 South, Range 69 West of the 6'h Principal Meridian, County of Jefferson, State of Colorado, described as follows: Commencing at the center of said Section 19, thence S00°08'41 "E, 35.28 feet along the North-South centerline of said Section 19 to the Southerly right-of-way line of W. 44 `h Avenue conveyed to Jefferson County as described in warranty deed recorded in Book 323 at Page 323 of the records of Jefferson County, Colorado, and the True Point of Beginning; thence Easterly 107.62 feet along the Southerly right-of-way line of said W. 44' Avenue and along the arc of a curve concave to the North to a point tangent, said arc having a radius of 995.00 feet, a central angle of 6°11'50" and being subtended by a chord that bears N80°22'35"E, 107.57 feet; thence N77°16'40"E, 3093.84 feet along the Southerly right-of-way line of said W. 44`h Avenue to a point of curve to the right; thence Easterly 315.95 feet along the Southerly right-of-way line of said W. 44' Avenue and along the arc of said curve to a point tangent, said arc having a radius of 1392.50 feet, a central angle of 13 °00'00" and being subtended by a chord that bears N83 °46'40"E, 315.27 feet; thence S89°43'20"E, 530.82 feet along the Southerly right-of-way line of said W. 44" Avenue to the East line of the South %z of the Northwest 1/4 of said Section 20; thence S00°05'46"E, 119.94 feet along the East line of the South ''/a of the Northwest 1/4 of said Section 20 to the most Northerly corner of that tract of land conveyed to the Department of Highways, State of Colorado, as described in special warranty deed recorded in Book 1859 at Page 72 of the records of Jefferson County, Colorado; thence S64°20'29"W, 33.20 feet along the Northwesterly line of that tract of land as described in said Book 1859 at Page 72; thence S31 °24'20"W, 609.87 feet along the Northwesterly line of that tract of land as described in said Book 1859 at Page 72 to the East-West centerline of said Section 20; thence S89°23'29"W, 971.10 feet along the East-West centerline of said Section 20 to the West 1/4 comer of said Section 20; thence S00°22'26"W, 275.38 feet along the West line of the Southwest 1/4 of said Section 20 to the Northeast corner of that tract of land conveyed to the State Department of Highways, Division of Highways, State of Colorado as described in special warranty deed recorded in book 2177 at Page 367 of the records of Jefferson County, Colorado; thence S87°15'49"W, 2456.00 feet along the Northerly line of that tract of land as described in said Book 2177 at Page 367; thence N76°06'56"W, 199.73 feet along the Northerly line of that tract of land as described in said Book 2177 at Page 367 to the North-South centerline of said Section 19; thence N00°08'41 "W, 278,94 feet along the North-South centerline of said Section 19 to the True Point of Beginning. Barbara Delgadillo, P nning Secretary ATTEST: ~&WX'. r Wanda Sang, City Cl\rk To be Published: April 17, 1998 Wheat Ridge Transcript POWER OF ATTORNEY Date: 5/2/98 To: Whom It May Concern: Re: Rezoning of 6185 W. 38th Ave. Wheatridge, CO 80033 I herby appoint my husband, Daniel J. Mahoney, to represent my interest in rezoning of the above property. Katherine D. Mahoney 57 l cl c /Ve ~2 ~ptARY -NCJ P B% C~ ~OF 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge DATE March 30, 1998 The Wheat Ridge Department of Community Development has received a request for rezoning from R-3 to R-C at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April 15. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: X98 9/ivIa}i6fi& v. LOCATION: 6185 W. 38th Avenue REQUESTED ACTION: Rezoning from Residential-Three to Restricted-Commercial PURPOSE: Speculative rezoning to convert existing residence to a commercial office use. The applicant has proposed no changes to the property and no building expansions. All changes to the structure would be interior only. APPROXIMATE AREA: 17, 500 square feet of land area with 1100 square feet of building area. 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO. If "NO", please explain below. 2. Are service lines available to the development? YES NO. If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO. If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO. If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? Please reply to: Meredith Reckert. 235-2848 Department of Planning & Development DISTRIBUTION: X - Water District (Wheat Ridge) X - Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife 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 "The Carnation City" ti N \ N~ o J; ~y~ a~cR x p hWh tK4~ ` N a. iP C ,6oGP/ V ,oa oE' N _o yQ T C O T c...cdt V3 Sq ~ I c= W 3 0 V O u N C vN T ~ ~ E>Lr:: ~ c~ V ~ d c ` d N ( lll~y ~ " u E U W Q v = ~ ~ / osa J1 , V I N3 P O hl U~ S N .t zL V y1 J~~ y T ; Tu. P h W P ~W r V i\4f 3 V N N .n i v - N c ati "y v° aT .Tb z- V7 K~ V o = m T ~ z G $ f w- O ~ M ~ .css NZ , o O u' N G A pp a 'a v .~/E r s C C a_ 2O N ~2?oL N ~ `i 1 O o'g. o M _y _ ~ T O I L q bC C7 \ , f~ d b' V W . , 3 3 9p~TEw AY~Y. O VO W c UGHTdO ¢ y °4 Z U V `0 vw m n ~ k g ~3~' d u U U W y ~ Hm~v ro o H Q _ ~ j v P o 1 Daniel J. Mahoney Real &txte Appraiser a Consultant State of Colorado Certified Gmoud Appr&Wr a 0001St= 9035 Wd,,urthpexL,,y, Sulk 3800 • Wamdrsskr, CO 80021 •OfaQ (303) 425-0898 • FW c (30) 415-09% FAX MESSAGE DATE _4/13/98 RE: -Rezoning of 6185 W. 38th Ave. TO: Meredith Reckert Senior Planner City of Wheatridge FROMs Dan Mahoney NO. OF PAGES INCLUDING THIS PAGE ---1--- At present, my wife and I are occupying the above property as our home. We moved to the house in 1989 to take care of my'mother in what turned out to be her final illness. She died in Christopher House in 8/94. We purchased the property out of the estate in 1/96. My folks originally purchased and lived in 6175 W. 38th Ave. in 1950 and occupied one or the other of the two properties until their deaths. We feel that a change in zoning to Restricted commercial is appropriate because of the following: 1. The property is less and desirable as a home because of the noise and danger from the high traffic count on W. 38th Ave. The street has been widened from a 2 lane street to it's present four lane with no parking. 2. The properties on both sides and for some distance along W. 38th Ave. in both directions are zoned Commercial and decrease the value as a home. There is a Dentistfs office on one side and a Drug and Alcoholic Halfway Houe on the other. 3. Planning officials have told us they would be agreeable to rezoning because of the fact that overall planning for the City is commercial along our strip of W. 38th Ave. If the City approves rezoning to Restricted Commercial I would utilize the property as an office for my appraisal business, sell the property or rent the property to a tenant under a use defined in the R-C zoning. Thank you for considering our request for rezoning. Dan Mahoney 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge DATE March 30, 1998 The Wheat Ridge Department of Community Development has received a request for rezoning from R-3 to R-C at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by Aoril 15. 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-98-9/Mahoney LOCATION: 6185 W. 38th Avenue REQUESTED ACTION:. Rezoning from Residential-Three to Restricted-Commercial PURPOSE: Speculative rezoning to convert existing residence to a commercial office use. The applicant has proposed no changes to the property and no building expansions. All changes to the structure would be interior only. APPROXIMATE AREA: 17, 500 square feet of land area with 1100 square feet of building area. I. Are public acilities or services provided by your agency adequate to serve this development? YES_ NO_ If"NO", please explain below. 2. Are service lines available to the development? YES Z NO_ If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES ~ NO_ If "NO", please explain below. 4. Can and wii I your agency service this proposed development subject to your rules and regulations? YES ✓ NO_ If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? ~v0 a~Pl-~<o h7! Grricc~s 3r ~ r~G:s Please reply to: Meredith Reckert: 235-2848 Department of Planning & Development, fj0u~ Al- 7.. &1g, DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City - X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation. Colorado Div. Of Wildlife . 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 "The Carnation City" MEMORANDUM I Approved Date TO: Meredith Reckert, Senior Planner FROM: Greg Knudson., Development Review Enginee DATE: April 21, 1998 SUBJECT: 6185 West 38th Avenue, WZ-98-9 - Rezoning from R-3 to R-C The Public Works Department has reviewed the Planning Department referral dated March 30, 1998 for the above referenced site, and based upon the purpose proposed has no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 Ridge DATE March 30, 1998 The Wheat Ridge Department of Community Development has received a request for rezoning from R-3 to R-C at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by April - 15, 1998. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-98-9/Mahoney LOCATION: 6185 W. 38th Avenue REQUESTED ACTION: Rezoning from Residential-Three to Restricted-Commercial PURPOSE: Speculative rezoning to convert existing residence to a commercial office use. The applicant has proposed no changes to the property and no building expansions. All changes to the structure would be interior only. APPROXIMATE AREA: 17, 500 square feet of land area with 1100 square feet of building area. I. Are public facilities or services provided by your agency adequate to serve this development? YES ✓NO_. If "NO", please explain below. 2. Are service lines available to the development? YES_ NO. If "NO", please explain below. 3. Do you have. adequate capacities to service the development? YES ✓NO . If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES L,- NG . If "NO", please explain below. 5. Are there any concerns or problems you agency has identified which would or should affect approval of this request? ~j Please reply to: Meredith Reckert. 235-2848 Department of Planning & Development. DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) Adjacent City X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife 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 "The Carnation City" ~-a-y-fig cF~cz~ ~ o-~:i /2 ~ ~ _ ~;-e~-z ~ z-E ~.~~/~~i ,,-yam Name and Address Please Print P ❑ 1 i Daniel J. Mahone Real Estate Appraiaer • CQneultant sate of Colorado Certiiw General Appraiser 0 CCOi3m 9035 W a&woxlh Parkway. Suite 9800 • wamdrster. CC) 8=1 • o fim (303) 4750895 • Pax (303) 475a% FAX MESSAGE DATE 4/8/98 RE:-Rezoning of 6185 W. 38th Ave. TO: Meredith Reckert Senior Planner City of Wheatridge FROM:-Dan Mahoney NO. OF PAGES INCLUDING THIS PAGE ---3--- Attached is proof of ownership as evidenced by working on Requirement 2 stated in your 4/2/98 Dan Mahoney Title Policy. Am letter. The y of H WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 TL~ W Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 `;Ridge April 2, 1998 Dan Mahoney 6185 West 38th Avenue Wheat Ridge, Colorado 80033 Dear Dan: This letter is in regard to your request for approval of an application for rezoning on your property located at 6185 West 38th Avenue. I have reviewed your submittal and have concluded that the following needs to be provided to complete the package: I . Proof of ownership for the property 2. Written justification as to why rezoning of the property is appropriate Please submit this additional documentation so that we can proceed with application processing. This case is tentatively scheduled for public hearing in front of Planning Commission on May 7, 1998. If you have any questions, feel free to contact me at 235-2848. Sincerely, Meredith Reckert Senior Planner cc: WZ-98-9 file 0 RECYCLED PAPER Daniel J. Mahoney Real Estate Appraiser • Consultant Sum of Colorado Cerd&d Gemael Appmieer 0 CGD1315528 9035 Weds rtb Puk"Y• SW e88DD • Wftw%h but CO 80021 .Office (903) 425-MS • Pax (303) 42-50996 FAX MESSAGE DATE _3/10/98 RE: Neighborhood Meeting Notice TO:_Sean McCartney City of Wheatridge FROM--Dan Mahoney P O 1 NO. OF PAGES INCLUDING THIS PAGE ---2--- Does this notice seem correct? Please call me at 425-0895 when you ha chance, Dan Mahoney 1-02 CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEE' 'ING FOR REZONING Daniel S. Mahoney IS PROPOSING A REZONING FROM RpaidAntlal 1 (14-1) TO Raetrintad r'nmmerri fil fRr1 ON PROPERTY LOCATED AT 6185 West 38th Avenue Wheat 1)1,1gpt fn Rnnaa THE DATE AND TIME OF THE MEETING IS Teed . March 7.4 1 99R m t- A _Mi m THE LOCATION OF THIS MEETING IS 7500 West 29th A•ortup whAAt Riasta rn 9nnaafr a THE PURPOSE FOR THIS PROPOSAL IS Reiehborhood Coramerei al 1. The City of Wheat Ridge has adopted a requirement that, prior to eppiicatio for running of property to a higher use, cr!'r properties In axcess of one (1) acre, and for Special Use. Permits which allo• - a special use of land, in applicant mCt notify all residents within 600 feet and invite them to a Neighborhood lapui Meeli g, The purpose for this meeting Is to allow the . applicant to present his proposal to the neighborhood and also to allow the t eighborhood to express directly to the applicant, their concerns issues and desires. A Staff Planner will attend the meeting to discuss City policy and regulmier i and the process Involved, howeveri the Planner will remain impartial regarding viability of the project. Keep in mind that this is riot a public hearing. Although a synopsis of the it :sting will be entered as trutimcay, u is the public hearings In front of the Planning Commission and City Council wher decisions are rendered. If you want input in the decision-making process. It is imperative that you amend the public hearing . ''The kinds of concerns residents normally have Include the following: Is the proposal compatible with surrounding land uses,and toning? Are there adequate utilities and services In place or proposed toner -a the project? What is the impact on our streets? Where will the stonn drainage go? • How will the project be designed to enhance rather than detract fro a the neighborhood? What specific changes can be made in the proposal to make it morn acceptable to me? After unending the Neighborhood Input Meeting, please use (he following s lace and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal Please sign it and give it to the applicant, as he is required to provide these forms to the City along wilt his appllca(ion. Room) -PRINT NAME ADDRESS PH9N9 Eost Lint Sw/~ sE/ Sw/< Sic tio.~ Z4, T35, ~2G9W Scf'~S Cor1►cr SA/4 x►c. 24, Cap Sb~ (Fd. C.O.W. Ma" 90/0 99 3~ ' trr l~rrr~c ~30,~,~ PP ¢•5'E}ICEPT/O~/(B~ 2//7, R~ ZG3 N W Cur e~ h q9, 3~' CP~vp.) ~ ~ 1N ~ , 2Q ¢ ec °'s' ov~ir ~ ~ 1~ . C. . on zo.8- /2 !n A c vx ~ ~ , ~i . H ° t' M~JSoniy _ x ry ~oraq~ I 1 70' z/ o ' V v s a K yE bo 5~ ` ~ 3 5' o ~ ~ m P~ r ~ 2a' ~ is ~ 20 ~ i ~ ~t 2.s'walk ~5 s ~o sec 4 20' ~ x Y# 1 ~f~ y ~ ~ Area = /7, 014 s{. f ~ k \ 3ss• ~o a, a ~ ~ ~ o~ o. 4// ac. ~ SiiX~/c Story ~ ~ ~ M4Son~ y ~ F.3/o'q. M '~G~85 ~ G°Nr Po P C_ /BS ~ ~ rO/C~i R Q~7~ .1 u E 1 O KlCSf, S%dG G ~~CU/E'J J.t a f'8 ',?mot. i Wa//O•Z' k/esf o f' 'n t . Vi N Yf/ b C j ~ I F  ~ enc roar haven rs an an ~ e Ces e es or wa .s on or w 1 a 1 or w i thin two ~r ~ CoP u p°R, t A`S ~`9d/O Q~ 9' far Cop f: T A IA (1 F ~ f"1 t' 1"t C~ l ~ L3 C !'1 t ~ ~ ~t t1 ~ i r'~ r~ n r i n c`+ ~ ~ n n i ~ r~ n r rw n ~ t L.Ke-I o c at i -p ~~.d. ~9oio _ t ~ x _ e ' 9935' (Prn~o.) r~o~s 1 / r i i 4 I SE Con c~ ~ E/z SW Sec Pion f--- - - ~ - - - - _ - 2 _ i - - .Sou f~i Line SK/~4 ~Xc . 24. TES, Q~ 9W i t~ r - - J f5 r f 1 ii a ~r r } L • - f J Y_ R { t 1.~ { '~r-~~ NOTICE: According to t;olorado law you must commence any eT g-aI~ action based upon any defect in t is survey within r three years after you first discover such defect. In no d 1 I event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. U 1 ~ j CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT DEPARTMENT INVOICE NAME DATE:-z---A15 96 CASE NO. FEE TYPE FEE CHARGE ACCOUNT NUMBER Application Submittal See Fee Schedule w 01-550-01-551 Publications/Notices See Fee Schedule eo 01-550-02-551 24" x 36" Blue Line $ 3.25 01-550-04-551 24" x 36" Mylar Copy $ 6.00 Single Zoning Map $ 2.00 f Set of Zoning Maps $20.00 I V x 17" Color Map $ 2.00 i` Or r'r. TfNE RIIn3c All udb Comp. Plan Maps $ 2.00 i;FU?iG? 11 a honey Comp. Plan Book w/Map $10.00 F;tCEif'T Iti;aCv0a041 Ai1OON1 Fruitdale Valley Master Plan $ 2.50 FF!=0 ONING AFF-CATION F. 200.00 rSD LGNiNG REIMBURSEMENT 285.00 Subdivision Regulations $ 4.50 !'AYI1Eh!T REGEIt JEit AiOUh!T Zoning Ordinance $15.00 (does not include annual updates) rK 3499 485.00 OTAL 48100 Copies $.15/page Copy of Meeting Tapes $25.00/tape 01-550-04-551 Miscellaneous: 01-550-04-551 TOTAL COST: