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HomeMy WebLinkAboutWZ-98-14INTRODUCED BY COUNCIL MEMBER ci i ar Council Bill No. 33 Ordinance No. 1133 Series of 1998 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO (R-2) TO RESTRICTED COMMERCIAL-ONE (RC-1) FOR THE PROPERTY LOCATED AT 6410 WEST 44T" 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 Marcie Emily for approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-98-14 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 R-2 zone district, and to include in the RC-I the following described land: Lot 1, Keith Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Conditions of Approval: I. All uses in Restricted-Commercial One zone district shall be allowed with the exception of preschools, day care nurseries, and charter schools. Section 3. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c)of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail Section 7. This ordinance shall take effect IS days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of September , 1998, ordered published in full in a newspaper of general circulation in the Citv of Wheat Ridge and Public Hearing and consideration on final passage set for October 12 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 nth day of October , 1998. SIGNED by the hlavor on this 13tbday of October I GRVFC'HEN CERVENY IUAYOR ATTEST: i Wanda Sang, City =I. AP CITY ATTORNEY GEII IW DAHL, CITY A•IT01KNEY Isl Publication: September 18, 1998 2nd Publication: October 16, 1998 Wheat Ridge Transcript Effective Date: October 31, 1998 14ai6:rta C'CRI'Ll' RIi50•UIiU „p78• IheJ C CITY COUNCIL MINUTES: October 12,1998- - Page - 2 - Kit Kimball, 3290 Field Street,- speaking as co-chairman of "Save Open Space" campaign; reminded the voters and citizens of Wheat Ridge-how important this issue is. Issue 1. A. will allow the County to issue.revenue bonds, they will get about 160 million up front that they can use to purchase lands before they are all gone; if they wait to accumulate the dollars some of these lands will already be sold. Taxes will stay the same, they will not go up. The 1/2% sales tax we already pay will go to pay off the revenue bonds. The dollars will be used for acquisition only. Kenneth King, 2949 Vivian Street, complained about beer bottles and other trash dumped over a bridge in the park in his neighborhood and wondered who was responsible to pick it up The Park is actually in Lakewood, but Wheat Ridge put money into it. (Mr. Middaugh will. follow up on this; maintenance is the responsibility of the City of Lakewood) Motion by Mr. DiTullio to add two items to the Agenda. Item 9. A. Consideration for construction agreements to repair storm water lines on 34 h Avenue. Item 9. B. Consideration of office furniture for the Clerk's Office; seconded by Mrs. Worth; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 33 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial-One (RC-1) for the property located at 6410 West 441h Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (base No WZ-98 14) (tJlarcie Emily) Council Bill 33 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1133 assigned. Applicant Marcie Emily asked for approval of her application and answered questions. Alan White was sworn in by the Mayor and presented the staff report. Richard Hall, 4375 Lamar Street, was sworn in by the Mayor; he owns property abutting to Ms. Emily's property; he feels her plan will increase the property value in the area and the six ft fence will create a buffer between 441h and housing on the south side. A small professional building lends itself to the neighborhood. S- CITY COUNCIL MINUTES: October 12,1998 Page- 3 - Motion by Mr. Siler to adopt Council Bill 33 (Ordinance 1133) approving Case No. WZ-98-14 and to rezone from Residential-Two to-Restricted Commercial-0ne the property located at 6410 West 44th Avenue, for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. Parcels to the northwest are zoned Restricted Commercial-One. 3. Minimal impacts are anticipated with the rezoning. 4. Approval of this request will allow for a positive redevelopment of this property.- With the following conditions: 1. A six foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line. 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable space will be permitted within the garage area. 3. All uses in the Restricted Commercial One zone district be allowed with the exception of preschools, day care nurseries, or charter schools; seconded by Mr. Mancinelli; carried 7-0. Item 2. Council Bill 32 - An Ordinance amending Section 26-20 (B), and (E), 26-21 (E) and 26-22 (B) of the Code of Laws, concerning counseling and treatment clinics in the R-C,.R-C1 and C-1 Zone Districts, City of Wheat Ridge, County of Jefferson, State of Colorado. Council Bill 32 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1134 assigned. Alan White presented the staff report. Motion by Mr. Siler to adopt Council Bill 32 (Ordinance 1134) amending Sections 26-20 (B) and (E), 26-21 (E) and 26-22 (B) of the City of Wheat Ridge Code of Laws, and establishing consistent language in the commercial zone districts dealing with counseling and treatment clinics; seconded by Mr. DiTullio; carried 7-0. Motion by Mrs. Worth to ask Mr. Dahl to bring an ordinance addressing residential counseling facilities and alcohol related facilities in the commercial-one zone districts, that they be put under a special use permit; seconded by Mr. Siler; carried 7-0. ORDINANCES ON FIRST READING Item 3. Council Bill 34 - An Ordinance approving demolition of two municipally owned buildings. Council Bill 34 was introduced on first reading by Mr. Mancinelli; title and summary read by the Clerk. AGENDA ITEM RECAP AGENDA ITEM October 12, 1998 QUASI-JUDICIAL X - Yes No X PUBLIC HEARINGS _ CITY AD~I. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CERENIONIES _ CITY ATTY. MATTERS _ ORDINANCES FOR IST READING _ BIDS/MOTIONS _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WZ-98-14/Emily SU!.Nli11ARl'/12ECO,NINVlEtNDATION: Approve request for rezoning from R-2 to RC-I for the property located at 6410 W. 44"' Avenue. ATTACHMENTS : 1) Site Plan 2) Location Map 3) PC minutes dated 4) Ordinance BUDGETED ITEM: Yes No 8-20-98 Fund Dept/Acct Budgeted Amount $ Requested Exepnd.$ Requires Transfer/ Suoo. Aoorroorlar-lon Yes 1'.3 SUGGESTED MOTION: oy-j II33 "I move to adopt Council Bill No. 53L. approving Case No. WZ-98-14 and to rezone from Residential-Two to Restricted Commercial-One the property located at 6410 ``Vest 44th Avenue, for the following reasons: L It is consistent with the Comprehensive Plan. 2. Parcels to the northwest are zoned Restricted Commercial-One. 3. N'linimal impacts are anticipated with the rezoning. 4. Approval of this request will allow for a positive redevelopment of this property. With the following conditions: eI 1. A six foot screening fence be constructed between the proposed office building and the adjacent residential structure aloms the south property line. 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable space will be permitted within the garage area. 3. All uses in the Reskferr of Commercial One zone district be allowed with the exception of preschools and day nurseries." N 1-0 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: October 12, 1998 DATE PREPARED: October 1, 1998 CASE NO. & NAME: WZ-98-14/ Emily CASE MANAGER: Sean McCartney ACTION REQUESTED: Change of Zoning from R-2 to RC-1. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT NAME & ADDRESS OF OWNER: 6410 West 44`h Avenue Marcie Emily 9080 West 32nd Avenue Wheat Ridge, CO 80033 Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: 9,150 square feet Residential-Two Single-family N_: Restricted Commercial and Restricted Commercial-One; S: Residential-Two, E: and W: Restricted-Commercial SURROUNDING LAND USE: N:, W: and E: Office, Service and Church, and S: Single-family residential COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Commercial Transitional Residential DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS O OTHER September 25, 1998 September 28, 1998 September 22, 1998 (X) CASE FILE & PACKET MATERIAL O SLIDES (X) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Q Q I. REQUEST The applicant is requesting approval of a rezone from Residential-Two to Restricted Commercial- One for property located at 6410 West 44th Avenue. Approval of this request will allow for the operation of a single-unit office building along an arterial corridor (Class 4, collector street) that already consists of small professional offices. The property in question is approximately 9,150 square feet in lot area, and fronts both West 44" Avenue (north) and Lamar Street (east). The applicant intends on re-using the existing 1,385 square foot structure as a small office building. The existing Wheat Ridge Comprehensive Plan delineates this area as Neighborhood Commercial, which allows the development of neighborhood oriented services and office uses. The draft Comprehensive Plan shows it as Transitional Residential land use, which promotes the use of professional services along the boundaries of a residential neighborhood. Restricted Commercial- One is considered the most restrictive commercial designation that allows primarily for office use and some light-end service uses. The character of the neighborhood is primarily office professional along West 44"' Avenue, many of which have been conversions of single family residences. Approval of this request will continue this commercial district along West 44"' Avenue. The applicant is proposing to redesign the lot to allow for adequate commercialization of the property that will bring it into compliance with the current development regulations (i.e.- parking, landscaping). The existing attached two-car garage will be designated as additional parking spaces for the applicant. The applicant will also be required to provide a 6' opaque fence and a minimum 6' landscape buffer between the proposed office building and the adjacent residence to the south. H. CASE HISTORY Planning Commission originally heard this case, then published as WZ-98-12, on July 16, 1998. The original request was to rezone the property from Residential-Two to Restricted-Commercial. The applicant had the same intentions of converting the property into an office building, but Planning Commission determined that a rezone to Restricted-Commercial did not provide enough transition for the adjacent residential use. Planning Commission continued the case for a rehearing on August 6, 1998. The intention was to rehear the case as a request for a rezone to Restricted Commercial-One. However, according to Gerald Dahl, Wheat Ridge City Attorney, the original request could not be modified without republishing, re-posting and re-noticing the adjoining property owners. Therefore, the applicant was required to resubmit for the lesser request. III NEIGHBORHOOD MEETING A meeting for neighborhood input was held on August 5, 1998. The following persons were in attendance: Sean McCartney - City Staff Marcie Emily - applicant Jim and Ida May Norton - 4' )60 Marshall Street City Council Page 2 WZ-98-14/Emily The following issues were discussed: Proposed use of the property Uses allowed in the RC-1 zone district On-site parking The future use of this property as a day care center (which was considered undesirable by the two neighbors in attendance). IV. AGENCY REFERRALS Arvada 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 V. PLANNING COMMISSION ACTION This case was heard before Planning Commission on August 20, 1998. Planning Commission recommended approval of Case No. WZ-98-14, for the following reasons: 1. There have been significant changes in the neighborhood since prior zoning was established. 2. The plan and rezoning is consistent with both the existing and draft Comprehensive Plan. 3. Parcels to the northwest are zoned Restricted Commercial-One. 4. Minimal impacts are anticipated with the rezoning. With the following conditions: 1. All uses in the Restricted Commercial-One zone district be allowed with the exception of preschools and day nurseries. 2. A six-foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line to Lamar Street. 3. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable business space will be permitted within the current garage area. VI. REZONING CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of zoning conditions): a. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. City COLIncil Page 3 W Z-98-14/Emily In this case, the official zoning maps are correct and the property is zoned R-2 and is surrounded by C-1, RC-1 and RC properties. Therefore, this request is not to correct a zoning map error. b. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. The property in question is located on the southwest corner of West 44`h Avenue and Lamar Street. West 44°i Avenue is shown as a collector street and designated as transitional residential within the draft Wheat Ridge Comprehensive Plan. Also, surrounding properties to the northwest and east are retail-commercial and professional offices. Serving the adjacent residential neighborhoods. Therefore, based on the recent growth trends of the community, other zone changes and development transitions along West 44°i Avenue, staff concludes that the proposed rezone of the property located at 6410 West 44`h Avenue is compatible with land use and zoning along West 44°i Avenue. 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 draft Comprehensive Plan designates this property as Transitional Residential, which is defined as "a mixed-use type of development that allows small-scale retail or professional services on the ground floor and residential development above." Therefore, this request would conform with the draft Comprehensive Plan. The existing Comprehensive Plan establishes this area as a Neighborhood Commercial land use. Neighborhood Commercial is intended to provide neighborhood services and office uses that would serve a residential neighborhood. The intent is to provide adequate transition between commercial and residential uses. The RC-I zone allows a variety of office and service uses, including ancillary residential uses. Staff concludes that the Restricted Commercial-I zoning would be consistent with both the existing neighborhood uses and Comprehensive Plan. 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 of this property are various commercial uses located within the Restricted Commercial-One, Restricted-Commercial and Commercial-One zone districts. This property remains as one of only a handful of properties that are zoned Residential-Two along this stretch of West 44`h Avenue. 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. City Council Page 4 W Z-98-14/Emily 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. Because the only changes proposed for this property are in additional parking and landscaping, 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 44th Avenue to accommodate future commercial land use. 6. That the property cannot reasonably be developed under the existing zoning conditions. The structure on the site is currently unoccupied and the existing zoning is Residential-Two. Under the current zone district, and being that the property is only 9,100 square feet in lot area, a single-family residence is the maximum use permitted on the site. 7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Restricted-Commercial zone districts are located on the north, east and west of the property, while Restricted Commercial-One zone districts are located within the immediate vicinity. Approval of this request will comply with both the existing adjacent zoning and Comprehensive Plan for this neighborhood. Therefore, spot zoning is not an issue. 8. That there is a void in an area or community need that the change of zone will till by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility. Staff does believe that approval of this request will allow for the property to come into compliance with the use and design of the surrounding properties. VII. 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 approval of this request would allow an upgrade in landscaping, paved surfaces and an ability to re-use an existing structure. City Council Page 5 WZ-98-14/Emily With the following conditions: 1. A six foot screening fence be constructed between the proposed office building and the adjacent residential structure along the-south property line. 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable space will be permitted within the garage area. VIII. RECOMMENDED MOTIONS Option A: "I move to adopt Council Bill No. approving Case No. WZ-98-14 and to rezone from Residential-Two to Restricted Commercial-One the property located at 6410 West 44th Avenue, for'the following reasons: 1. It is consistent with the Comprehensive Plan. 2. Parcels to the northwest are zoned Restricted Commercial-One. 3. Minimal impacts are anticipated with the rezoning. 4. Approval of this request will allow for a positive redevelopment of this property. With the following conditions: 1. A six foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line. 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable s ac wall be permitted within the garage area. 3. All uses in the Re tc Commercial One zone district be allowed with the exception of preschools and day nurseries "or Option B: "I move to deny Case No.WZ-98-14, a request for approval of a rezoning from Residential-Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, for DENIAL for the following reasons: 1. M yoo~,t -7 C\6arbare\CCRPTS,WZ98-14 WPD City Council Page 6 WZ-98-14/Emily t1 O y ~ ~ tmaa .m9~ ATTACHMENT 1 Z Jllmn3CIC (31 1 - I J A % I ~ o m ~ I ~ a a iv i~v ~a+r J - l XNal3G ~Ta ' Q. C4 w U ° ~ W LLl m l i g F" a I W 7 ~J g I .0-.91 .9-: 0•. a I ~Z ~ I " Q~$ u ~ 00 < a t,1 -}~R ~ I nN I ~ i Dee3 v n ~I $ I .9'.al y I °Y O O SJpa Iti>~ ~ O c ° n4 o s ~ a ~ 7 Wa O a n I I lb 43 3b bad 1N34136Y3 QYO .a - f. J .m-.ml .9-.IL ~ Q ^ J ~a 5 5 ~ uw~ x o 0 LL 9n N ~i ~~m u(} J C y YI J m aF Y U e w Q MARiT=~,iS_--N i R-2 J i i 1 III Q~ t I 3i roYI. o~' gg w n;rr a jl 31 nl ~I ~I y11I - I : ] •ry0 1I 8 vl I: 1 ° V (I $ may. N~3 ~ 4 0 ° N ~ I N N s " 3 ~ SoxJ ,o>o 3693 l ib-k A30 R 1 y- SIC d ~"G R Lc- aI of .I BI^- j , `I J a ,a §I - ~ ~ 1 ai el IIFII al ~,o ° I G-~ q S 3~ RI aJN LLI XI $I nI I I I 'I ul e NI° < R - N el <I ~ UI i R U I? CuR_ ur 1 y N FT- N 0 ni a ul el - S ~rH 4+?Y Avg 1 1 I~ w I qn. Av_ J Ss . 1 RG-I ~I I- AN w WE nw ~~~°OFFICIAL ATTACMEI i I ZONE DISTRICT °_CLNCR7 2- 1 -1f I--i-1 I n The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. APPROVAL OF MINUTES Commissioner BRINKMAN moved and Commissioner MacDOUGALL moved to approve the minutes as presented. The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. PUBLIC FORUM There was no one signed up to speak before the Commission. PUBLIC HEARING A. Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change from R- 2 to RC-1 to allow professional office or service uses. Said property is located at 6410 West 44th Avenue. (Previously heard as Case No. WZ-98-12.) This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. He entered copies of the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by chair THOMPSON. He reviewed the history of the case, stating that this case was previously heard as Case No. WZ-98-12 and, at that time, the applicant was requesting rezoning from R-2 to R-C. After the public hearing, the Commission decided that RC zoning was not restrictive enough and requested the case be brought back to the Commission with a request for RC-1 zoning. He stated that a neighborhood meeting was held on August 5, 1998. Mr. McCartney requested for the record that two additional criteria be included at this time since they were not listed in the staff report. These criteria are as follow: The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. In this case, the official zoning maps are correct and the property is zoned R-2 and is surrounded by C-1, RC-1 and RC properties. Therefore, this request is not to correct zoning maps. Planning Commission 08/20/98 ATTACHMENT 3 r;l 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions. Property in question is located on the southwest corner of West 44th Avenue and Lamar Street. West 44th Avenue is shown as a collector street and designated as transitional residential within the draft Wheat Ridge Comprehensive Plan. Also, surrounding properties to the northwest and east are retail-commercial and professional offices serving the adjacent residential neighborhoods. Therefore, based on the recent growth trends of the community, other zone changes and development transitions along West 44th Avenue, staff concludes that the proposed rezone of the property located at 6410 West 44th Avenue is compatible with land use and zoning along West 44th Avenue. Mr. McCartney concluded his presentation by stating that it was staff s recommendation that the application be approved with conditions as contained in the staff report. (Commissioner SHOCKLEY arrived at 8:00 p.m.) Commissioner BRINKMAN referred to the fact that the applicant also owns the property immediately adjacent to the south. She asked if a new zoning hearing would be required if the subject property is rezoned and the applicant later wants to rezone the adjacent property. Mr. McCartney replied that rezoning of the adjacent property would be a separate case and would require a separate rezoning hearing. Commissioner BRINKMAN asked, if the subject property is rezoned, would the staff look more favorably on rezoning the second property. Mr. McCartney replied that this would not be the case because of the requirements of the Comprehensive Plan. Mr. White reviewed the uses allowed under the RC-I zone district Marcie Emily 9030 Nest 32nd Avenue Ms. Emily, the applicant, was sworn in by Chair THOMPSON. Ms. Emily stated that she had nothing to add to Mr. McCartney's presentation. Commissioner SNOW asked the applicant if it were her intent to expand the use of the property to retail use now or in the future. Ms. Emily replied that she was thinking about adding an insurance business or similar business that would not generate a lot of traffic since the site does not contain much parking. Richard Hall 4375 Lamar Street Mr. Hall was sworn in by Chair THOMPSON. He stated that he was in favor of the application which would allow improvements to the property thereby enhancing surrounding / property values, and would be compatible with the rest of the businesses on 44th Avenue. Planning Commission Page 3 03/20/93 Ida May Norton Jim Norton 4360 Marshall St. 4360 Marshall St. Mr. and Mrs. Norton were sworn in by Chair THOMPSON. Mrs. Norton stated that their property did not abut Ms. Emily's property but had a clear view of the property. She stated that she and her husband would like to see the subject property be kept as office use and that no commercial use be allowed down the side street. She also asked that no daycare facility be allowed on the property. She was also in favor of a 6-foot fence behind Ms. Emily's property. Commissioner SNOW asked if Mr. White could envision this property being used for retail. Mr. White replied that he could possibly see something like an antique store, but certainly nothing like a convenience store. Chair THOMPSON asked if there were other individuals present who wished to address this issue. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that Case No. WZ-98-14, a request for approval ofa rezoning from Residential-Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, be recommended to the City Council for APPROVAL for the following reasons: 1. There have been significant changes in the neighborhood since prior zoning was established. 2. The plan and rezoning is consistent with both the existing and draft Comprehensive Plan. 3. Parcels to the northwest are zoned Restricted Commercial-One. 4. Minimal impacts are anticipated with the rezoning. With the following conditions: 1. All uses in the Restricted Commercial One zone district be allowed with the exception of preschools and day nurseries. 2. A six-foot screening fence be constructed between the proposed office building and the adjacent -residential structure along the south property line to Lamar Street. 3. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable business space will be permitted within the current garage area. The motion carried by a vote of 5-0 with Commissioner SHOCKLEY abstaining and Commissioners DUNN and GOKEY absent. Commissioner SNOW asked if the applicant was charged for the new application. Mr. White informed the Commission that Ms. Emily was not charged for this application.. B. Case No. WZ-98-I5: An application by Bolle, Inc., for approval of an amendment to Pacifica Development Properties II, LLC, PID Final Development Plan with a setback variance to allow Planning Commission Page 4 08/20/98 LAND USE al CASE PROCESSING APPLICATION lt(a;~ o a (r a -Y Planning and Development Department 7500 west 29th Avenue. Wheat Ridge. CO 90033 Phone,303)235-25,0 (Please print or type all information) Applicant i )c(E FM.I Lr( Address 5le d-3 LJG4 Owner Location of request 3 % d - Phone City 1•LWe' ,rT k!l1Cr Address City Phone Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions F-1 Site development plan approval ❑ Special Use Permit ❑ Conditional Use Permit ❑ Temporary Use, Buildings, Signs ❑ Minor Subdivision (5 lots or less) ❑ Subdivision (More than 5 lots) ❑ Preliminary ❑ Final Mailed description of the request: ❑ Variance / Waiver ❑ Nonconforming use change ❑ Flood plain special exception ❑ Interpretation of Code ❑ Lot line Adjustment ❑ Planned Building Group ❑ Street Vacation ❑ Other: - 2 . T-f 15 Fill out the following information to the best of your knowledge. Current Zoning: R--;t- Size of Lot (acres or square footage} q1 I;-0 Current use: Proposed use: r7EEICE ct-j ok lee- - Assessors Parcel Number: I certity that the intormation and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attary'from the owner which approved of this action on his behalf. Signature of Applicant 1 4 Subscribed and sworn to me this 21h. day ot1l , 19 SE~... ChCs ~~I ~~11 Notary Pub is My commission expires -1 -p+U-RQ Date received i ` k I -mot Receipt No. Case No. w Related Case No.GZ-`j K / a2--` Zoning Quarter Section Map INTRODUCED BY COUNCIL MEMBER 2; , o, Council Bill No. 33 Ordinance No. Series of 1998 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO (R-2) TO RESTRICTED COMMERCIAL-ONE (RC-1) FOR THE PROPERTY LOCATED AT 6410 WEST 44TH AVENUE, (WZ-98-14), 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 Marcie Emily for approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-98-14 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 R-2 zone district, and to include in the RC-1 the following described land: Lot 1, Keith Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c)of Appendix A and the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is 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 f` 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 8 to 0 on this 14rhday ofgTotember , 1993, 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 October 12, 1995, 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 , 1995. SIGNED by the Mayor on. this day of 1995. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: September 18, 1998 2nd Publication: Wheat Ridge Transcript Effective Date: C ~Ba,bare~CCRPTS\RESO-ORD~wz-93-14ord l` i he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge September 22, 1998 Dear Property Owner: This is to inform you that Case No. WZ-98-14 a request for approval of a zone change from R-2 to R-C1. The property is located at 6410 W. 44" Avenue and will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on October 12, 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 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\CCRPTS\PUB NO I'IC\wz9814cerlletter wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 9 W N = N C N a ° U ` c F ~ a m _m m u i 9 U C ¢ d ~ u v K o Z c u ~ ~ m v m a c a m a U W ~ j O O . O E ° E ° a d U L o m ° p C Ea~O ~ ` # V V S V V V V c V N t O - N "O L N N N N N _ OJ N ro N m N x U m m m m w ~ m m m m N ° ¢ m° w U m 3 3 3 3 3 3 3 3 3 U _ O L U O = ~ C d M M M M M M M M m M O M ~ M ' m M M M U M M M v M G w ~ N O y d O j O m O m O _ O .L O O ' O O O E = O Q j C O O N Q i 0 C O m N p ] O T C O M O m m> M a¢ > m rn¢ m = 0 ~ m 1O = m `s c m m > N =a > m 2¢ m N m m m O m w U O 2 L U t O a E U 0 E U 0 t° EO U :s< L U 0 .'o ~ o a S U wa0 m U In ` V N N V N m L J Ul Tm N J Qj C7 m Qj Y V N - N m V Qj d V N ~ V N V w te m D a "O 0) c~a 0) U ~O O) ~~a O 01 Lroa OI m°a ~ V Ot 0 a ~ 3 O1 Oda a W ~a m O1 a K a . ~o =off `~K tn~ fY i K mr ? K ❑.M L v~ O C' m M N rL m N N 0 ~ to Q' I~ N O V m N V N N N v N ~ ~ tO ~ L L M t ~ fO L Q] L ~ L d L L L m i =a a 2 Q 4 L N ~ U N O Y N Ul Q E N N ry E N O w a m U U LL w z Lf) W N N u Q t' m O ~ N M V ~ l0 r Q W ¢ N (O [O (O t0 (O (D (O (D _ ° U1 ° N o N 0 t0 0 N 0 YJ 0 ~O 0 N 0 ~fl 0 a Q O W W V N t0 N i0 ~l N O m t0 m N m ~ rn F O C7 E rn m m rn m aaw L) = wSU zW z _ ~ 0 w EE z ~N Q= 3: ~ a U O Q a } O W H CD = Una N O n F W, N m F C c m m O ~ U f Q m U c O F z 0 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on October 12, 1998, at 7:00 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-98-02: The City of Wheat Ridge is proposing to amend Sections 26-20 (B) and (E),m 26-21 (E) and 26-22 (B) of the Code of Laws concerning counseling and treatment clinics in the R-C1, R-C and C-1 zone districts. 2. Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change from R-2 to R-C 1. Said property is zoned R-2 and located at 6410 West 44`b Avenue. 7_" t0Cg62 c("_ Barbara Delgadillo, Rec4ding Secretary ATTEST: dZ4t_e_ d Wanda Sang, City Cle To be Published: Wheat Ridge Transcript Date: September 25, 1998 C:\B arbam\CCRPTS\PU BNOTIC\ 10-12meetingpub.wpd AGENDA ITEM RECAP AGENDA ITEM 15I September la, 1998 QUASI-JUDICIAL PUBLIC HEARINGS _ PROC:/CEREMONIES BIDS/MOTIONS _ INFORMATION ONLY AGENDA ITEM TITLE: X - Yes No _ CITY ADM. MATTERS _ CITY ATTY. MATTERS _ LIQUOR HEARINGS _ PUBLIC COMMENT WZ-98-14/Emily SUMNIARY/RECOMMENDATION i _ ELEC. OFFICIALS MATTERS X ORDINANCES FOR I ST READING _ ORDINANCES FOR 2ND READING RESOLUTIONS Approve request for rezoning from R-2 to RC-1 for the property located at 6410 W. 44ib Avenue. ATTACHMENTS : 1) PC report dated B-20-98 2) PC minutes dated 8-20-98 3) Site Plan 4) Location Map 5) Correspondence 6) Ordinance BUDGETED ITEM: Yes Fund Dept/Acct & Budgeted Amount 5 Requested Exepnd.S Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: I move that Council Bill No. 33 be approved on first reading, ordered published, public hearing be set for Monday, October 12, 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. c:~eun,.mccerrs~,.:-9s-i4co.«,.pa © 1 ' ~ A ow, ~3u~ J. rokw The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. 5. APPROVAL OF MINUTES Commissioner BRINKMAN moved and Commissioner MacDOUGALL moved to approve the =minutes as presented. The motion passed by a vote of 7-0, with Commissioners DUNN, GOKEY and SHOCKLEY absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. . Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change from R- 2 to RC-1 to allow professional office or service uses. Said property is located at 6410 West 44th Avenue. (Previously heard as Case No. WZ-98-12.) This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property. He entered copies of the comprehensive plan, zoning ordinance, case file, packet materials and exhibits into the record which were accepted by chair THOMPSON. He reviewed the history of the case, stating that this case was previously heard as Case No. WZ-98-12 and, at that time, the applicant was requesting rezoning from R-2 to R-C. After the public hearing, the Commission decided that RC zoning was not restrictive enough and requested the case be brought back to the Commission with a request for RC-1 zoning. He stated that a neighborhood meeting was held on August 5, 1998. Mr. McCartney requested for the record that two additional criteria be included at this time since they were not listed in the staff report. These criteria are as follow: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. In this case, the official zoning maps are correct and the property is zoned R-2 and is surrounded by C-1, RC-1 and RC properties. Therefore, this request is not to correct zoning maps. Planning Commission Page 2 08/20/98 2. A change in the character in the area has occurred due to the installation of public facilities, other zone changes, new growth trends, deterioration or development transitions: Property in question is located on the southwest corner of West 44th Avenue and Lamar Street. West 44th Avenue is shown as a collector street and designated as transitional residential within the draft Wheat Ridge Comprehensive Plan. Also, surrounding properties to the northwest and east are retail-commercial and professional offices serving the adjacent residential neighborhoods. Therefore, based on the recent growth trends of the community, other zone changes and development transitions along West 44th Avenue, staff concludes that the proposed rezone of the property located at 6410 West 44th Avenue is compatible with land use and zoning along West 44th Avenue. Mr. McCartney concluded his presentation by stating that it was staffs recommendation that the application be approved with conditions as contained in the staff report. (Commissioner SHOCKLEY arrived at 8:00 p.m.) Commissioner BRINKMAN referred to the fact that the applicant also owns the property immediately adjacent to the south. She asked if a new zoning hearing would be required if the subject property is rezoned and the applicant later wants to rezone the adjacent property. Mr. McCartney replied that rezoning of the adjacent property would be a separate case and would require a separate rezoning hearing. Commissioner BRINKMAN asked, if the subject property is rezoned, would the staff look more favorably on rezoning the second property. Mr. McCartney replied that this would not be the case because of the requirements of the Comprehensive Plan. Mr. White reviewed the uses allowed under the RC-I zone district. Marcie Emily 9080 West 32nd Avenue Ms. Emily, the applicant, was sworn in by Chair THOMPSON. Ms. Emily stated that she had nothing to add to Mr. McCartney's presentation. Commissioner SNOW asked the applicant if it were her intent to expand the use of the property to retail use now or in the future. Ms. Emily replied that she was thinking about adding an insurance business or similar business that would not generate a lot of traffic since the site does not contain much parking. Richard Hall 4375 Lamar Street Mr. Hall was sworn in by Chair THOMPSON. He stated that he was in favor of the application which would allow improvements to the property thereby enhancing surrounding property values, and would be compatible with the rest of the businesses on 44th Avenue. Planning Commission 08/20/98 Ida May Norton Jim Norton 4360 Marshall St. 4360 Marshall St. Mr. and Mrs. Norton were sworn in by Chair THOMPSON. Mrs. Norton stated that their property did not abut Ms. Emily's property but had a clear view of the property. She stated that she and her husband would like to see the subject property be kept as office use and that no commercial use be allowed down the side street. She also asked that no daycare facility be allowed-on the property. She was also in favor of a 6-foot fence behind Ms. Emily's property. Commissioner SNOW asked if Mr. White could envision this property being used for retail. Mr. White replied that he could possibly see something like an antique store, but certainly nothing like a convenience store. Chair THOMPSON asked if there were other individuals present who wished to address this issue. There was no response. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that Case No. WZ-98-14, a request for approval ofa rezoning from Residential-Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, be recommended to the City Council for APPROVAL for the following reasons: 1. There have been significant changes in the neighborhood since prior zoning was established. 2. The plan and rezoning is consistent with both the existing and draft Comprehensive Plan. 3. Parcels to the northwest are zoned Restricted Commercial-One. 4. Minimal impacts are anticipated with the rezoning. With the following conditions: 1. All uses in the Restricted Commercial One zone district be allowed with the exception of preschools and day nurseries. 2. A six-foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line to Lamar Street. 3. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable business space will be permitted within the current garage area. The motion carried by a vote of 5-0 with Commissioner SHOCKLEY abstaining and Commissioners DUNN and GOKEY absent. Commissioner SNOW asked.if the applicant was charged for the new application. Mr. White informed the Commission that Ms. Emily was not charged for this application.. B. Case No. WZ-98-15: An application by Bolle, Inc., for approval of an amendment to Pacifica. Development Properties II, LLC, PID Final Development Plan with a setback variance to allow Planning Cominission 08/20/98 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: August 20, 1998 DATE PREPARED: August 12, 1998 CASE NO. & NAME: WZ-98-14/ Emily CASE MANAGER: Sean McCartney ACTION REQUESTED: Change of Zoning from R-2 to RC-1. LOCATION OF REQUEST: 6410 West 44`h Avenue NAME & ADDRESS OF APPLICANT: Marcie Emily 9080 West 32nd Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: 9,150 square feet Residential-Two Single-family N_: Restricted Commercial and Restricted Commercial-One; S: Residential-Two, E: and W: Restricted-Commercial N:, W: and E: Office, Service and Church, and S: Single-family residential COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Commercial Transitional Residential DATE PUBLISHED: July 31, 1998 DATE POSTED: August 6, 1998 DATED LEGAL NOTICES SENT: July 27, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS OTHER (X) CASE FILE & PACKET MATERIAL O SLIDES (X) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. ATTACHMENT 1 d-► I. REQUEST The applicant is requesting approval of a rezone from Residential-Two to Restricted Commercial- One for property located at 6410 West 44`' Avenue. Approval of this request will allow for the operation of a single-unit office building along an arterial corridor that already consists of small professional offices. The property in question is approximately 9,150 square feet in lot area, and fronts both West 44`h Avenue (north) and Lamar Street (east). The applicant intends on re-using the existing 1,385 square foot structure as a small office building. The existing Wheat Ridge Comprehensive Plan delineates this area as Neighborhood Commercial, which allows the development of neighborhood oriented services and office uses. The draft Comprehensive Plan shows it as Transitional Residential land use, which promotes the use of professional services along the boundaries of a residential neighborhood. Restricted Commercial- One is considered the most restrictive commercial designation that allows primarily for office use and some light-end service uses. The character of the neighborhood is primarily office professional along West 44`h Avenue, many of which have been conversions of single family residences. Approval of this request will continue this commercial district along West 44`x' Avenue. The applicant is proposing to redesign the lot to allow for adequate commercialization of the property that will bring it into compliance with the current development regulations (i.e.- parking, landscaping). The existing attached two-car garage will be designated as additional parking spaces for the applicant. The applicant will also be required to provide a 6' opaque fence and a minimum 6' landscape buffer between the proposed office building and the adjacent residence to the south. II. CASE HISTORY Planning Commission originally heard this case, then published as WZ-98-12, on July 16, 1998. The original request was to rezone the property from Residential-Two to Restricted-Commercial. The applicant had the same intentions of converting the property into an office building, but Planning Commission determined that a rezone to Restricted-Commercial did not provide enough transition for the adjacent residential use. Planning Commission continued the case for a rehearing on August 6, 1998. The intention was to rehear the case as a request for a rezone to Restricted Commercial-One. However, according to Gerald Dahl, Wheat Ridge City Attorney, the original request could not be modified without republishing, re-posting and re-noticing the adjoining property owners. Therefore, the applicant was required to resubmit for the lesser request. III NEIGHBORHOOD MEETING A meeting for neighborhood input was held on August 5, 1998. The following persons were in attendance: Planning Cwnmission Page 2 WZ-98-14/Emily Sean McCartney - City Staff Marcie Emily - applicant Jim and Ida May Norton - 4360 Marshall Street The following issues were discussed: Proposed use of the property Uses allowed in the RC-1 zone district On-site parking The future use of this property as a day care center IV. AGENCY REFERRALS Arvada 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 V. 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 draft Comprehensive Plan designates this property as Transitional Residential, which is defined as "a mixed-use type of development that allows small-scale retail or professional services on the ground floor and residential development above." Therefore, this request would conform with the draft Comprehensive Plan. The existing Comprehensive Plan shows this area as The RC-1 zone allows a variety of office and service uses, including ancillary residential uses. Staff concludes that the Restricted Commercial-1 zoning would be consistent with both the existing neighborhood uses and Comprehensive Plan. 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. Planning Commission WZ-98-14/Emily Page 3 /1 Surrounding land use and zoning includes Restricted-Commercial on both the east and west with corresponding commercial uses. To the north of this property are various commercial uses located within the Restricted Commercial-One, Restricted-Commercial and Commercial-One zone districts. This property remains as one of only a handful of properties that are zoned Residential-Two along this stretch of West 44`h Avenue. 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. 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. Because the only changes proposed for this property are in additional parking and landscaping, 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 44th Avenue to accommodate future commercial land use. 6. That the property cannot reasonably be developed under the existing zoning conditions. The structure on the site is currently unoccupied and the existing zoning is Residential-Two. Under the current zone district, and being that the property is only 9,100 square feet in lot area, a single-family residence is the maximum use permitted on the site. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Restricted-Commercial zone districts are located on the north, east and west of the property, while Restricted Commercial-One zone districts are located within the immediate vicinity. Approval of this request will comply with both the existing adjacent zoning and Comprehensive Plan for this neighborhood. Therefore, 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. Planning Commission Page 4 WZ-98-14/Emily d_ q It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or facility. Staff does believe that approval of this request will allow for the property to come into compliance with the use and design of the surrounding properties. 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 approval of this request would allow an upgrade in landscaping, paved surfaces and an ability to re-use an existing structure. With the following conditions: A six foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line. 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable space will be permitted within the garage area. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WZ-98-14, a request for approval of a rezoning from Residential- Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, be recommended to the City Council for APPROVAL for the following reasons: It consistent with the Comprehensive Plan. Parcels to the northwest are zoned Restricted Commercial-One. 3. Minimal impacts are anticipated with the rezoning. 4. Approval of this request will allow for a positive redevelopment of this property. With the following conditions: 1. A six foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line. 2. The existing two-car garage is to be used for required on-site parking spaces only. No additional leasable space will be permitted within the garage area." Option B: "I move that Case No WZ-98-14, a request for approval of a rezoning from Residential- Two to Restricted Commercial-One for property located at 6410 West 44th Avenue, be recommended to the City Council for DENIAL for the following reasons: I. 2. 3." C 9Barbara\PCRPTS\WZ98-14 WPD Planning Commission WZ-98-14/Emily Page 5 4-S i § s i- - - l W: a 3 o 31 a1 nl tll W .n Ave MARTcNS,-J $ ELEM. SCHOOL n I~ R-2 ~ 31 a aI„ a,-u a w ♦SM R. R 3 R 8 $ R I s~ sl LA' ~R G $ 8 A Y ~ _ 6 ~ nl ~ u) ul ~ 31 ~ ~ $ S R§ 3 3 $I $ ei~ W .s Av a Sl lm 1 S R 3 M 5 n W, w R ~ •al ~ S ~ 15U5~ a ~-I 3 S RS N I F JI s i w w m M 44?Y hW ci $ I ~ E;:J f' N N $ 2 1 ~ l I • it • 11 T $I L im= :1!1 SIB R-G R o-l~ x G-I a s tl Z~ a ~ w 3eni hw_ A~OFFICIALATTACMEI -7 n~ 11 k I ZONE DISTRICT BCUNDRY ~ ni n`I n d1 ai rii yiJ § FIL 3 Q µe a §I m ~ $ S 3 R $ ~ ~ R 8I R R s UA mR $N R Q w ks- ~SVI... R $ I ..ps ..es 9 ME~I`I ..a6 n 3. n "71 _ RG-I A l- i r+'r i n ~W '74 MPR0VZ-AIENT L OCAT10/V CERTIFICATE (~TS))98-2487 MORTGAGE LOAN SURVEYORS N 3531 SOUTH LOGAN STREET. SUITE D - 147 ENGLEWOOD, COLORADO 80110 789-2763 (FAX) 789-2782 PROPERTY ADDRESS: E 6410 WEST 44TH. AVENUE LEGAL DESCRIPTION: PER CLIENT SCALE: LOT 1, KEITH SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. 1- 20' S FLOOD DATA THIS PROPERTY IS NOT LOCATED WITHN THE LIMITS OF A FLOOD HAZARD AREA MAP I 085079/0005-C DATED 2 - 4 - 88 WEST 44TH. AVENUE T- APPROXIMATE LOCATION OF (60' RIGHT OF WAY) I FLOWLINE IN RIGHT OF WAY _ 122.2 B' WIDE P.S. CO'•, EASEMENT PER RECEPTION -1- n V K rc I DIRT DRIVEWAY I 6470 j LOT 24 w vl I ~ COVERED CONCRETE PORCH_ w ~ 27.5' 47.6' h #6410 3 I r 1 - STORY BRICK ESIDENCE - t I R 63.2' I I _lJ COVERED I ` I I CONCRETE I \ I PATIO I CONCRETE- + 1 I PORCH a WIDE EASEMENT f PER RECOR LOT 23 #a3as - LoT z i NOTE: COVERED CONCRETE PATIO ENCROACHES INTO 8' EASEMENT BY 4' AS SHOWN. IV,o?oliEG1ENT LOCAT/ON NO. B70B7084 ~h I I ~i I 3 + i I u v 30' BUILDING I SETBACK LINE PER REC. PLAT I LU Lo LU r Ir- N 31.5' I 1- V) I I LOT 1 Q _ _ I J EO PLAT I I I FOUND #4 PIN APPROXIMATE LOCATION OFI FLOWLINE IN RIGHT OF WAY T/F/CA TE / HEREBY CERTIFY THAT THIS AKOWOVEMENT L OC'AT70N CERTIFICATE AV4S PREPARED FOR FIRST CITY FINANCIAL THAT /T IS N07.4 LANG SURVEY PLAT OR MPROVEMENT SURVEY PLAT ANO THAT /T IS NOT TO BE RZ-Z S9 UPON FOR THE ESTABLISHMENT OF FENCE. 941Z49/N6 OR OTHER FUTURE A (RROVEMENT LRYES I FURTHER CERTIFY THAT THE /MPROVEA/ENTS ON THE ABOVE DESCAGED PARCEL ON THIS DATE 3- 12-98 EXCEPT UTILITY NECWNS. ARE ENrREL Y /NTIOW THE BOUNDARIES OF THE PARCEL, EXCEPT AS SH 11177T RE ARE NO ENCROACHMENTS UPON THE DESCR/BED PREMISES BY MP 6J .~.^Y AO✓OiV/NG PREMISES EXCEPT AS /NO/GATED ANO THAT TH rY ~yIppP EVIDENCE OR 516N OF EASEMENT CROSSWO OR BURDEMN6 ANY PA T_ Jp,,~ PA EPT AS NOTED. 12353 oC P~oless' Ifh+TT~"( YY " ' COL ORAOO REMN50 S,FATUTES Fvxr. Acconw6 TO cot moo CAM YOU.WST COMA7ENCE LEGAL ACIVN BASSO (PON DEFECT N INS SUBYfY 37T%IN ;H4L"E YEARS AFTER YOUOSCOYLR SUCNOEFECT NNO EI'ENT DO/e , $u II( ml%" r A~ X C NAY ANY ACMA' BASSO GTON DEFECT I)/95 SURVEY BE _ COM-NIEO A'M' THAN TEN YEARS FROM THE CERM AMI SNOMN hunav 14/) owe O y maa .ms ATTACHMENT 1 Z Z 0 .0-4 5L i 1 -13 _7 JIlO1fi3016 /3> g LLJ / 9-L$- 5 s ~ w .n % x o w wS I ~ ~ Q ~ I .9-Af 2 y~ _ WZ m O J .0-.91 U~ w Q'~a J ~ JO Ws ° . I _ i Opmry d G C4 a ~I Sg I _ .9-.81 u 9 I IY I ~ I 0 F~ ~ I n~ ~wm Ro zI 3I~ O IaL' 3 ,IL O 01 O ~ a :o 9 m- ~I w~ I/y~ 3 O a -ol I lv aa~ as aadlN3uasd3 aim .e .9~ Q I a ° u F ~ ~ ow ~ .0-.01 .9•.IL 0 ~ m J a~ ~ 5 5 owl ~m 5 8~ Uo J J ppo 0 00 p u 0.Y'. N ~ ~i10 WWW a ~ Y zm U ~ r w 1 SHEET PUBLIC WORKS DEPARTMENT PROJECT FILE i ENGINEERING DIVISION LOCATION 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 FEATURE- DESIGNED BY DATE 'I-~?~~t~i-1,>3DP31~?P M.rz~-, r 1114 h ~ c r~-" a It) roman y pr ~ /r' 6 q ay G ks C~an~ y ,i ce,-e/y> Pier,,-'56/A ~JtD ATTACHMENT 5 Itccnrde,, -n Rcc -Recorder. PERSONAL REPRESENTAT'IVE'S DEED ('restate Estate) Ti [IS DEED is made by as Personal Representative of the Estate of Emery Green, a/k/a Emery Allen Green, a/k/a Emery A. Green deceased, Grantor, to Ndreie_Emily ,Grantee, whose legal address is 9475 W. Colfax Ave. H104 Lakewood., CO 80215 of the 'County of Jefferson ,Stale of Colorado WHEREAS, the Last Will and Testi m, n! of the above-named decedent was made and executed in the lifetime of the decedent, and is dated November 11 , 19 96 , which Will was duly admitted to fforfrt6V (informal)'" probate on January 29 I QM_ by the-._-District Court in and for the County of ~Lefferson . State of Colorado, Probate No. 98PR115 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on Tanuary_29 1998 , and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee JiflroJOl fefa9Ey7" (for and inconsideration of flnc=tiundniod_TS LLy Thous anrLand~Q11-ON------ _=Dollars)"' V4 ilk P6rsolu 4111 e6 116 d~lrifiut/on Jif d ckr4erd i6 the a(7ov( cfptiflnch Avi/I)- the following described real property situate in the County of-. Jefferson , State of Colorado: Lot 1, Keith Subdivision, County of Jefferson, State of Colorado. also known by street and number as 6410 W. 44th Avenue, Wheat Ridge, CO 80033. Willi atl appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 19 97 atidsubjectto covenants, utility easements, liens and tar, assessments of record. As used herein, the singular includes the plural and the plural the singular. Executed 19 98 Kenneth J. Craig Personal Representative of the Eslale of Fmery Gram, a/k/a Emery Allen Green, a/k/a Emery A. Green ,Deceased S"FATE OF COLORADO 1 ss. - COUNTY OF 1 The foregoing instrument was acknowledged before me this day of by Kenneth J. Craig as Personal Representative of the Estate of Emery Green, a/k/a a /k/aFmerv A. Green Deceased. Witness my hand and official seal. My commission expires: 9n1DCn niu-l"Cdrand'. "Suanurtgaiied 19 98 , Naury Puu, CP016.1te¢11-92. PERSONAI.REPRESENE1TIVFs DU F.n(Rslale) aradrmd Publishing, 1743 Wmec St., Densar. CO 80202-(303)292-2500-12-92 Capp'right 1997 A-11 of WHEA P LAND USE CASE PROCESSING APPLICATION aF WHEgT P o o ° Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 _ °pcoRr;° Phone(303)235-2846 °oto~no° (Please print or type all information) Applicant 'I14 (E EI i(4 Address Phone Bo~ -36S-3 City `A1dYEll kac-u Owner Address Phone City Location of request (address) W/O ` S4 Type of action requested (check one or more of the actions liste d below which pertain to your request.) Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: of the request: 1 Detailed description P - ;2_ . i s r „JFs~A'- / -Vv~.. E. W ' '-rte. CLQH✓° a2i~`R -C 1 c~d~r z Fill out the following information to the best of your knowledge. Current Zoning: k-a Size of Lot (acres or square footage): eey Current use: •e ~ Proposed use: OrFICE pad v~ ( uSiwesS Assessors Parcel Number: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-att~Lryfrom the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this Llkh day otQAOa , 19 SE V c1 ~ Notary Public My commission expires - rem Date received Receipt No. \?\'1 f1 t\1 EC- Case No. 0 Z- Related Case No.1A7'~ 8' Zoning Ir! Quarter Section Map ~f~l~ PUBLIC HEARING SPEAKERS' LIST CASE NO: REQUEST: W Z - DATE: August 6, 1998 7~-a ?e- Speaker Name (please print) Address/Phone In Favor / Opposed l0,4RCI E EM -y ~~SU W 32 4~ a3~ 3Ls3 crap ll~~r +a3~s[ v3~.~,~, i„j r-A- V-P a- -~Tn~au d ;y 6 X31- pEb 7431 ~Wov uAk - 7500 WEST 29TH AVENUE July 27, 1998 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 1ne City of h~OF WHEgp~o Wheat ,m GRidge °°toRa~o This is to inform you that Case No. WZ-98-14 a request for approval of a zone change from R-2 to R-C1 to allow office or local retail business. The property is located at 6410 W. 44`h Avenue and will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August 20, 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\wz9814cert.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a m c `w ~ m U C y y c ~ a m y c ¢ U y m ~ 0 Z C d K 7 a ~ v .m u l u ~ m K N W' m - p] o n m ~ ~ m N I NO .wn a w 00 c m m m m'a L E O u E o # m a c N m 0 w v v v a v v v v v "r=o m U W a c0 m N m W rn v7 m W m c0 m c0 m 0] rn '`G N a Q u m N 3 N 3 N 3 N 3 N 3 N 3 N 3 N 3 N 3 N a ¢ V L i Ui N M M M M {h M M M m M C M M ' m M M M U M M M y M O y O m ] O m om O om ~ O . om O O E °m 0 0 dom O om c O m p 0 °m Tc L3 < i m v - = w m d a m L U U m L U = V U a E U U K E U U N N U U .L.. Q O N L U L O U T L N U W Q U U m L y c C m m d m m m L J 4 T m N J y" (6 yj Z' Y V m ' _ Ol d' m W V m V N w 0 L a m c a m a ~ ~n m ra_ m . o m Loo a_ m oa - < rn w a_ ~ o m 02ia d -o _ m a m a + o N JOB mmK K U) Of mMK iK N moo' R y V M M N 5 , N N p 10 n 8 V' m m d' m y p N 2 y L L L L L L L m L 1 L N y c a Y N Q F C N N e'm p ~ m0 E K ~U U~u°.w m m N 6 r W L" ¢ M 4n V to N N t9 to 1~ ~n c0 ~n 0) N O (O (O N O ~ N M N M N M N M N M N M N M N M N M ~ ~ O ~ N 0 O 0 0 0 0 _ ' d ( O o o m t 0 m [ O so ( 0 so ( 0 ~o ( 0 co l 0 co Q- W O E rn m m m m m m m m Z Q Q W o x~ ER N O3:1-- :Q a W } O V v m T O a W w 0 N m O 7 U r y R O 0 FO v c v ,n a ..7 N E z ro F 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 August 20, 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: Case No. WZ-98-14: An application by Marcie Emily for approval of a zone change from R-2 to R-Cl to allow office or local retail business. Said property is zoned R-2 and located at 6410 West 44`h Avenue. XJ" '(6) - eZCZ& Barbara Delgadillo, Recretary ATTEST: Wanda Sang, City C16 To be Published: Wheat Ridge Transcript Date: July 31, 1998 C:\Barbara\PCRPTS\PLANGCO W PUBHRG\8-20meetingpubs.wpd Marcie Emilv 9080 West 32 Avenue Wheat Ridge CO 80033 Julv 22, 1998 Reference: Rezone property 6410 West 44 Avenue Neighborhood Meeting Dear Neighbor: An informal neighborhood meeting will be held on Wednesday, August 5, 1998 in the Wheat Ridge Municipal Building at 7500 West 29 Avenue at 6:00 pm. The property at 6410 West 44 Avenue is presently zoned Residential-Two and the intention is to rezone the property to Restricted-Commercial One. This is established to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The district also provides limited neighborhood-oriented retail uses by special use approval. If you have any questions prior to the meeting or are unable to attend this meeting please call me at 232-3653 with your co,_::_ ts. C Adially, A~~ Marcie Emilv bL) Marcie Emilv 9080 West 32 Avenue Wheat Ridge CO 80033 Julv 22, 1998 Sean McCartnev City of Wheat Ridge 7500 West 29 Avenue Wheat Ridge CO 80215 Reference: WZ-98-12/Emily Dear Sean: This letter is to verifv the withdrawl from the Case No. and Name: WZ-98-12/Emily regarding the change of Zoning from R-2 to R-C, and an 18'6" front yard setback variance to the 50' front yard setback requirement. The Planning Commission hearing was held July 16, 1998. Thank you for your consideration in the matter. Cordially, Marcie Emily n Cl) D r m M .0 a z N ti m ~n o~ 0 A W N N, m° On mA r my z m A m m g{{{ a S ~ mn m 2V 4 o m~ ~ Mg Zy ~2 s E, LQ NZ rt Sj D -4 ~x r LAMAR STREET R ,flPRO VEAIENT L O CA T/ON. CER 71F/C,4 TE 98-2487 MORTGAGE LOAN SURVEYORS FLOOD'- DATA N 3531 SOUTH LOGAN STREET. SUITE D - 147 ENGLEWOOD. COLORADO 8010 THIS PROPERTY IS NOT 789-2763 (FAX) 789-2782 LOCATED WITHN THE.LMTS I ' ADDRESS: PROPERTY OF A FLOOD HAZARD AREA J MAT-, 085079/0005-0; AV E 6410 WEST 447H. AVENUE DATED 2 - 4 - 88 IT LEGAL DESCRIPTION: PER CLIENT SCALE: LOT 1. KEITH SUBDIVISION-. COUNTY OF JEFFERSON, STATE OF COLORADO. 1- = 20' , .l' 1 I 6470 LOT 24 5 5' 6 w a K 6 2 N WEST 44TH. AVENUE (60• RIGHT OF WAY) 122.2' WOE P.S. CO.'-. EASEMENT PER RECEPTIC DIRT DRIVEWAY I COVEJRED CONCRETE PORCH 1 W 1 I I COVERED1 I CONCRETE I PATIO I I I CONCRETE-' PORCH x/6410 1 - STORY BRICK RESIDENCE 122.2' LOT 23 L NOTE: COVERED CONCRETE PATIO ENCROACHES RITO 8' EASEMENT BY 4• AS SHOWN. _4385 - LOf 2 Nil. B708iOa4 I /i I s ~ ~ I V 30' B I SETBACK CK LINE PER PEC..PLAi ' I F- I LJ In w n ' W- "nn (T) ;I i I I Of LOT 1 < I J - 1 a 'ED I PLAT I I FOUND 114 PIN/ J APPROXIMATE LOCATION OF ~I FLOWLINE IN RIGHT OF WAY GbTPROtlzmENT LOC,4T/ON CERT/F/C,4TE /HEREBY CE,9TS~r 17N417 T/rS LL/PROYEMENT L49C47701V CE.41P7Cd TE WdS PREPARED FOR FIRST CITY FINANCIAL T/,'dT /T /S Nord LAND SURYEY PLdT O.4 d/.440YEMENT SU.VYEY PLAT dN0 TNdT /T /S NOT TO BE RELEO UPONFOR THE ES17d9C1Sf1MENr OF FENCE. BULO/Aa OR OTHER FUTURE LYPROYEMENT LAVES. / FURTHER CERT/Fr THAT THE /MPROYEMENTS ON THE dBOYE DESCR.BEO PdRC£L ON Th"S DAT£ 3-12.98 EXCEPT UTa/TY,•G',Q1),!NECTA7NS. 4RE EN7REL Y M/TfON THE BOUNOARES OF 1417 TN TT/ A £YR7£NCE OR S/CN OF EASEMENT CROSSOYO PW ~XEPT dS NOTED. H Pd T - 4 .On 12353 ~ ; a ~ `~J ~ %I COL ORA00 REYESED S: A7UICS - , nXE, ACCoRO..W ro ca 04A00 LAY roil m6r CoYYENCE ` PlOlPSS ,A1(d"o ~T U/X( I LEOdL LC7.VN BdSEO tray OEEEC7 N rh'S SU?YEr N7NV ATIT rELRS AFTER r0006C0YER S4'CNA6FEC7. NAV f1ENl ' 1rNr , IpV^`9 ~I I ON OEFECI N 7H5 SUP{Er BE _ 4Ar ANr ACTION BASED Lf DO/e " /C. CoWfW EO NORE A/AN 7CN rEABS TROY TNC CER7PXA74V SNOY.V7fREL1Y A