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WZ-02-14
7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 FAX 303/235-2857 March 31, 2003 Craig Molenaar 7395 W. 47th Ave. Wheat Ridge, CO 80033 Dear Craig: Ridge Please be advised that at its meeting of March 24, 2003, City Council approved your request to rezone from Commercial-One to Residential-One C property presently known as 6015 West 40th Avenue for the following reasons: 1. The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. 4. There are adequate public facilities to serve the uses proposed. Also, City Council approved your request for a 7.5-foot lot width variance for a corner lot located in the R-1C zone district, for property presently known as 6015 West 40`h Avenue for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. 4. A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. And finally, City Council approved your request for a two-lot minor subdivision plat for property presently known as 6015 West 401h Avenue for the following reasons: 1. The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R-1 C zone district. Craig Molenaar Page 2 March 31, 2003 With the following condition: The fee in lieu of parkland dedication, as recommended by the Parks and Recreation Commission be paid for each lot prior to issuance of the certificate of occupancy. Enclosed is a copy of the signed ordinance and a draft copy of the minutes stating the Council's decision. A blackline photographic mylar of the final subdivision plat needs to be submitted for recording with Jefferson County within 60 days of final action. The fees for recording with Jefferson County are $11 per page. Enclosed is a copy of our fee schedule. Please submit payment along with the mylar. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Fiel Administrative Assistant Enclosures: Draft of Minutes Copy of Ordinance cc: Building Department WZ-02-14 & MS-02-08 (case files) c:\Kathy\PCRPTS\PLANGCOM\CORRESP\APP V LTRS\ INTRODUCED BY COUNCIL MEMBER Mancinelli Council Bill No. 06-2003 Ordinance No. 1252 Series of 2003 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL ONE TO RESIDENTIAL ONE C FOR PROPERTY LOCATED AT 6015 WEST 40TH 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 Craig Molenaar, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-02-14, for property located at 6015 West 40' Avenue and based on a recommendation for approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial One District and to include in the Residential One C zone districts the following described land: A PARCEL OF LAND LOCATED IN THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER.OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTH ONE HALF WHICH IS THE TRUE POINT OF BEGINNING, THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 193 FEET, THENCE AT RIGHT ANGLES SOUTH 75 FEET, THENCE AT RIGHT ANGLES DUE EAST 193 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION WITHIN THE RIGHT OF WAY FOR HARLAN STREET, CONTAINING 12,225 SQUARE FEET, MORE OR LESS. 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 26-121 of 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 9- to on this 24thlay of February 2003, 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 March 24 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 24th day of March 2003. SIGNED by the Mayor on this 25th day o f March YOR ATTEST:. Wanda Sang, City Clerk APPRO AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTO Y 1st Publication: February 27, 2003 2nd Publication: March 27, 2003 Wheat Ridge Transcript Effective Date: April 11, 2003 CITY COUNCIL MINUTES: March 24, 2003 Page -3- Item 2. A. Council Bill 06-2003 - providing for the approval of rezoning from Commercial-One to Residential-One-C for property located at 6015 West 40th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-02-14) (Case No. MS-02-08) (Craig Molenaar) Item 2. B. A Request for approval of a Two-Lot Subdivision Plat with public dedication and associated lot width variance for a corner lot. in the R-1 C Zone District, for property located at 6015 West 40th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. Mr. Mancinelli introduced Council Bill 06-2003, Case No. WZ-02-14 and Case No. MS- 02-08 and read the titles and executive summaries. Clerk assigned Ordinance No 1282. Travis Crane presented the staff reports. Craig Molenaar, 7395 West 47th Avenue, applicant, was sworn in by the Mayor pro tem and concurred with everything Travis Crane had presented. George Jarvis, 13260 West 16th Drive, Golden, was sworn in by the Mayor pro tem. He owns the property across the street at 6010-6020 West 40th Avenue, and feels it would benefit the neighborhood if this would pass. Motion by Mr. Mancinelli to approve Council Bill 06-2003 (Ordinance No. 1282), Case No. WZ-02-14, a request for a rezoning from Commercial-One to Residential-One-C for property located at 6015 West 40th Avenue, on second reading, to take effect 15 days after final publication, for the following reasons: 1. The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety, or welfare. 4. There are adequate public facilities to serve the uses proposed. Seconded by Mr. Gokey; carried 8-0. CITY COUNCIL MINUTES: March 24, 2003 Page -4- Motion by Mr. Mancinelli to approve the request for a 7.5 lot width variance for a corner lot in the R-1 C zone district associated with Case No. MS-02-08 for property located at 6015 West 40th Avenue, for the-following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. 4. A portion of the lot width deficiency on Harlan was created by the city's right-of- way dedication to match existing sidewalks; Seconded by Mr. Gokey; carried 8-0. Motion by Mr. Mancinelli to approve Case No. MS-02-08, a request for approval of a two-lot minor subdivision plat for property located at 6015 West 40th Avenue, for the following reason: The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R71C zone district. With the following condition: The fee in lieu of parkland dedication as recommended by the Parks and Recreation Commission be paid for each lot prior to issuance of the certificate of occupancy; Seconded by Mr. Gokey; carried 8-0. Item 3. Award RFQ-03-005 Clear Creek Trail Replacement. Item 3 was introduced by Mr. Mancinelli, who also read the executive summary. Joyce Manwaring, Director of Parks & Recreation, presented the staff report. She summarized that either asphalt or concrete can be used for the path. Asphalt is considered more aesthetically pleasing to some individuals and it is a softer surface for walking or jogging. Installation cost is lower initially but requires more annual maintenance and upkeep. Concrete is initially more expensive, but lasts 50 years and requires less routine maintenance. She recommends concrete based on the resources we have and the reduction of maintenance. j? 'l 'j ' ,,I ) )'),0~lil 6015 W. 40'^ Avenue equest for approval ofa rezoning from Commercial-One Residential-One C, and approval ofa two lot minor rbdivision with dedication. The subdivision plat includes request for a 7.5 foot lot width variance. ccnco,m H Applicant is requesting: from Commercial-One to Residential-One C ofa two lot subdivision (with dedication) ofa 7.5 foot lot width variance Each request will require a separate motion to the northeast from W. 401^ Avenue to the south from Harlan Street the west F~~ r s P > ~ fs ~9 ny ~ Looking to the north from Harlan Street 2 Zoning Criteria error? ige in character of the area? ormance with the Comprehensive Plan? patible with the surrounding area? 1 or economic benefits to the neighborhood? note facilities to serve the property? I health, safety or welfare? to isolated or spot zoning? Residential-One C requires: Minimum lot size of 5,000 square feet Minimum lot width of 50 feet (non-corner lot) Minimum lot width of 80 feet on each frontage (for comer lots) Subdivision Plat a LOT ~ ]07 t F r t SI/901VIS/0\ i~ 3 W. 40th Ave. width is meastu ed from required setback, not street frontage Variance Criteria Can the property yield a reasonable return in use? Alter the essential character of the locality? Condition of property result in a unique hardship? Hardship been created by anyone having interest in the property? Granting of the variance detrimental to the uublic welfare? of the variance result in benefit to the 4 o WHEgr ITEM NO: i Po U m REQUEST FOR CITY COUNCIL ACTION ~~LORA00 COUNCIL MEETING DATE: March 24, 2003 TITLE: A REQUEST FOR APPROVAL OF A TWO LOT SUBDIVISION PLAT WITH PUBLIC DEDICATION AND ASSOCIATED LOT WIDTH VARIANCE FOR A CORNER LOT IN THE R-1C ZONE DISTRICT, FOR PROPERTY LOCATED AT 6015 WEST 40" AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ® PUBLIC HEARING r~ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ® ❑ Yes No 4/67 A Community Development Director EXECUTIVE SUMMARY: City Manager Craig Molenaar is requesting approval of a two-lot subdivision plat with public dedication and associated lot width variance for a corner lot located in the R-1C zone district for property located at 6015 W. 40`h Avenue. This subdivision plat is related to Council Bill Number 06-2003, a request for rezoning from Commercial-One (C-1) to Residential One-C (R-1C) for property located at 6015 W. 40' Avenue. The Code of Laws dictates that a lot in the R-1 C zone district must be at least 5,000 square feet in size. This subdivision will create two lots in excess of 5,000 square feet. The R-1C zone district also requires a lot width for internal lots to be at least 50 feet wide. The internal lot (lot 2) will be in excess of 50 feet in width. The Code of Laws dictates that a corner lot in the R-1C zone district must be 80 feet wide on each frontage. The corner lot (lot 1) as shown on the proposed plat does not meet the lot width standard of 80 feet on the Harlan Street frontage, therefore a 7.5 foot lot width variance is requested. The Public Works Department is requesting that the applicant dedicate 2.5 feet of land along the West 40' Avenue frontage for the purpose of constructing curb, gutter and sidewalk. This 2.5 feet further necessitates the need for the 7.5 foot lot width variance. This property is currently vacant land, and is being used as a staging area for the Harlan Street Improvement Project. Planning Commission reviewed this case on February 6, 2003 and recommended approval. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed the request for approval of a 7.5 foot lot width variance for a corner lot in the R-1C zone district associated with the two-lot subdivision plat on February 6, 2003 and recommended approval for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. 4. A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. Planning Commission reviewed the request for approval of a two-lot subdivision plat on February 6, 2003 and recommended approval for the following reasons: The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R-1C zone district. With the following condition: The fee in lieu of parkland dedication, as recommended by the Parks and Recreation Commission, be paid for each lot prior to issuance of the certificate of occupancy. STATEMENT OF THE ISSUES: There are no outstanding issues associated with this rezoning request. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: The City has received a one-time application fee for the rezoning application. If any development occurs, the City would receive a one-time fee for a building permit application. The City will also receive a one-time fee of $1,734.91 for cash in lieu of parkland dedication. RECOMMENDED MOTION: Lot Width Variance "I move to approve the request for a 7.5 lot width variance for a corner lot in the R-1C zone district associated with case number MS-02-08 for property located at 6015 W. 40' Avenue, for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. 4. A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. OR " I move to deny the request for a 7.5 lot width variance for a corner lot in the R-1C zone district associated with case number MS-02-08 for property located at 6015 W. 40" Avenue, with the following findings: 1. 2. RECOMMENDED MOTION: Subdivision Plat "I move to approve case number MS-02-08, a request for approval of a two-lot minor subdivision plat for property located at 6015 W. 40' Avenue, for the following reasons: 1. The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R-1C zone district. With the Following Condition: The fee in lieu of parkland dedication as recommended by the Parks and Recreation Commission be paid for each lot prior to issuance of the certificate of occupancy. OR I move to deny case number MS-02-08, a request for a two-lot minor subdivision plat for property located at 6015 W. 40°i Avenue, on second reading, with the following findings: 1. 2. Initiated by: Community Development Department Report Prepared by: Travis Crane, 303.235.2849 Reviewed by: Meredith Reckert Attachments: 1. Minor Subdivision Plat i viii i i t m" - , ~ 4M pr ® A p M• ~ b tl i . • P « w w r ~ v M♦ + 4 R ~ • ~ # ► m ~ ®a ` p® ~ ~ 'Y M~ ~ Y ~ ~ • ~ Y ♦ w ` w A- Y+ _ M ~ • w viz ti A r ,e e+ t ~n~~ L g _ i ~ ww S4/~ V MW ,~xmss amvesvar. eu. a~+ravrt~ ,carmen as a:enur .s a~srw:aw ~sar~m awcaw.n ~se~msrnr;aeea+ rama~asre .xsew.,s ccw(r~a cvt~ ~ - - 7 P L r ~~e R ~ 1 j A {i f e & RECEPTION NO. 937 ~r► ~ ~ ~ ~ G ]i lllt_A!"_l' i I A t'~ A P'0!/l Et""t! I! t"»r"l"`» »f""l""/"71"f!"' r//'°' Tt tTf~ _ t°ft""' o~ro _s UNSUBDIVID i ZONED C-7 •r ~i S I f 1 fl. _ J i I 4 ~~y 1 ~ss.oo• g _ _ T S89°55'15"W T i ■ 80.00' f0'UTILI7Y EASEM M ~5'UTILITY EASEMENT ~ ' ~ ^1 °O ~A1VD S~1RV,~'YQ~' ,~N 7~!-~~" T T~" ~l~` ~1t3' ~4.D~ Y 1~/~4 S Pfc'~`P~4R~'.D 1~f AN I.~l~ .8~"N~. S 1 ~2RIJI l~" iO~ f,~ C/ l T T~°" ~ / ~l 1.C~'"lf'~~ l"`lT/ t~~ T~~► l~ I ~ LOT 2 ~o~ Z 'r O ~ ~ 5,800 SQ.FT. ~ ~ ~ a^ PROPOSED R-1 C ZONiNCi i r ~ ~ N o 1.-- - - - - T - ~r~- ~ 2.5~ >0'UT/GTY EASEM 80.00' l 193.00' 31 SQ. BYQ W. 40TH AVENUE (4 3 t M~~ p, I a .h u . t ` '1 b✓ .r °ti- i t I 3 ■ i Y, ~ HARLAN COURT SUBDIVISI i I .u ~ _ a T /l T ~ ZONED R-3 P' i L V l F.r ~ ~ SE ~ 114, w ~ w SOUTH 714 CORNER CASE HISTORY sw 1/4 Q;I HEREBY CERTIFY THAT COUNTY CLERK AND RECO Ms-o2-o8 DN THA T THIS PL AT WAS FILED IN THE L7 FFICE" F THE SECTION 24, T3S, R69W RECL7R.DER OF JEFFERS17N CBUN T Y A T L DEN L BRAD P ,A T `CL 3-714"BRASS CAP PAGE RECEP TION NO. IN RANGE BOX ~ SECTi.ON 24 ( BOOK ,PAGE U WZ-02-14 ~ Sellards CONSULTING ZNG1NZZRS ~ & LAND 3URVBYORS ~ Grigg, Inc. DATE OF PREPARA TIONj DECEMBER FMRFR :71. ?(tnp I I I JEFFEPS®N CBUNT Y CLERK AN CL7 .E R 390 Union Boulevard Phone: 303-986-1444 Suite 630 FAX: 303-986-0994 Lakewood, Colorado 80228 www.sondg4.com Y: DEPUT Y CLERK COPYRIGHT C) 2001 of w,ea> ITEM NO: U o oRAOO m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 24, 2003 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL ONE TO RESIDENTIAL ONE C FOR PROPERTY LOCATED AT 6015 WEST 40TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: February 24, 2003) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: Yes No Community Development Director City Manager EXECUTIVE SUMMARY: Craig Molenaar is requesting approval of a rezoning from Commercial-One (C-1) to Residential One- C (R-1 C) for property located at 6015 W. 40' Avenue. This property is currently vacant land, and is being used as a staging area for the Harlan Street Improvement Project. The next agenda item is an associated request for a two-lot subdivision with a lot width variance. If the zone change is not approved, no action should be taken on the variance request. Additionally, Staff would not support a two-lot subdivision for this property if the zone change request were denied. Planning Commission reviewed this case on February 6, 2003 and recommended approval. COMMISSION/BOARD RECOMMENDA Planning Commission reviewed this request on February 6, 2003 and recommended approval for the following reasons: The change in zone will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public safety or welfare. 4. There are adequate public facilities to serve the uses proposed. STATEMENT OF THE ISSUES: There are no outstanding issues associated with this rezoning request. ALTERNATIVES None. FINANCIAL IMPACT: The City has received a one-time application fee for the rezoning application. If any development occurs, the City would receive a one-time fee for a building permit application. RECOMMENDED MOTION: "I move to approve Council Bill No. 06-2003, case number WZ-02-14, a request for a rezoning from Commercial One to Residential One-C for property located at 6015 W. 40' Avenue, on second reading to take effect 15 days after final publication, for the following reasons: The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. 4. There are adequate public facilities to serve the uses proposed." OR " I move to table indefinitely Council Bill No. 06-2003, case number WZ-02-14, a request for a rezoning from Commercial One to Residential One-C for property located at 6015 W. 40'Avenue, on second reading, with the following findings: 1. 2. Initiated by: Report Prepared by: Reviewed by: Attachments: Community Development Department Travis Crane, 303.235.2849 Meredith Reckert 1. Planning Commission Staff report (with exhibits) 2. Council Bill No. 06-2003 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 6, 2003 DATE PREPARED: January 28, 2003 CASE NO. & NAME: WZ-02-14/MS-02-08 CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of a rezoning from Commercial One (C-1) to Residential One- C (R-1C), approval of a final subdivision plat and approval of a 7.5-foot lot width variance for a corner lot. LOCATION OF REQUEST: 6015 W. 40`s Avenue NAME & ADDRESS OF APPLICANT (S): Craig Molenaar 7395 W. 476' Avenue Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER (S): same APPROXIMATE AREA: 12,225 Square Feet (approximately 0.28 Ac.) PRESENT ZONING: Commercial One (C-1) PRESENT LAND USE: Vacant Land SURROUNDING ZONING: N & W: Commercial One (C-1), S & E: Residential Three (R-3) SURROUNDING LAND USE: N, S, E & W: Multi-Family, Single-Family Residential; COMPREHENSIVE PLAN: SF (6) - Single Family not to exceed six DU's per acre DATE PUBLISHED: January 23, 2003 DATE POSTED: January 23, 2003 DATE LEGAL NOTICES SENT: January 23, 2002 ENTER INTO RECORD (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION (X) SUBDIVISION REGULATIONS (X) EXHIBITS ( ) 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. Planning Commission 1 WZ-02-14/Molenaar ATTACHMENT 1 I. REQUEST The applicant is requesting approval of a rezoning from Commercial One (C-1) to Residential One-C (R-1C). This request also includes a final subdivision plat with an associated lot width variance (Exhibit 1, Applicant Letter). Three motions will be required: one for the rezoning, one for the final plat and one for the variance. II. CASE ANALYSIS The property in question is located at the northwest corner of 40`" Avenue and Harlan Street, and is approximately 12,225 square feet in area. The property is zoned Commercial One (Exhibit 2, Vicinity Map). Currently, the lot is vacant land and is being used as a staging area for the ongoing Harlan Street improvement project. The applicant is requesting a rezoning from Commercial One to Residential One-C to accommodate two single-family dwellings. III. ZONE CHANGE CRITERIA Staff has the following comments regarding the criteria used to evaluate a change in zone (change of zoning conditions): That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. The existing zone classification on the official zoning map is not in error. The property currently has Commercial One zoning. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. The City is reconstructing Harlan Street, providing a more pedestrian-friendly environment. There has been no other change in the area. Although much of the surrounding land to the north has been zoned as Commercial One since the City's inception in 1969, this zoning is a remnant of Jefferson County zoning. Regardless of zoning, much of the surrounding area is used as residential. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The density, if the subdivision is approved, will be approximately seven units per acre. The Comprehensive Plan designates this area as SF (6) (single-family not to exceed six dwelling units per acre). The proposed rezoning will more closely resemble this Planning Commission WZ-02-14/Molenaar definition of Single-Family (6) than a Commercial One designation, as specified in the Comprehensive Plan. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The proposed change of zone will be compatible with the surrounding area. Much of the surrounding land is used residentially, although zoned Commercial One. Commercial One zoning is not consistent with the vision of the Comprehensive Plan. If this property were to be developed under the Commercial One designation, uses such as minor auto repair, day care centers or office buildings would be allowed. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. This proposed zone change should create a benefit to the community. The property currently exists as a vacant lot. Two residential lots would be an improvement over existing conditions. The Harlan Street section between 38th and 44th Avenue is the subject of an improvement project, currently under construction. The redevelopment of this parcel will not be inconsistent with the street improvement project. 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies are able to serve the property, and the developer will incur the cost and maintenance of any improvements. The applicant will be required to construct curb, gutter and sidewalk along W. 40th Avenue. Curb, gutter and sidewalk have been installed on the Harlan Street frontage as part of the streetscape project. 7. That the change of zone 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. The change in zone will not affect public health, safety or welfare in the area. Traffic should not increase significantly, and a drainage study will be required when the building permits are submitted for review. The addition of curb and gutter along W. 40th Avenue should increase conveyance of drainage on W. 40th Avenue. This proposed development should not reduce air or light to adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This change of zone will create an isolated zone district, however the proposed use will be consistent with surrounding land use in the neighborhood. R-3 zoning is present across both Harlan Street and W. 40th Avenue. Planning Commission WZ-02-14/Molenaar IV. PLAT REVIEW This proposal would subdivide the lot into two lots (Exhibit 3, Plat). The R-1C zone district requires a minimum lot size of 5,000 square feet. Lot 1 will be approximately 6,001 square feet in size, and lot 2 would be approximately 5,800 square feet in size. The R-1C zone district also requires a minimum lot width of 50 feet. Lot 2 is 80 feet in width. Since Lot 1 is a corner lot, it must be 80 feet wide on each street frontage. The Code of Laws states that lot width is measured from the minimum setback line. In the R-1C district, the minimum setback is thirty feet from the right-of-way. This minimum width of 80 feet is met on the 40`h Avenue frontage. The lot width is deficient by 7.5 feet on the Harlan Street frontage. As a result, a variance for lot width is part of this case. A separate motion is needed for the variance; the variance criteria are listed and discussed below. The plat meets all requirements as set forth in Article IV (Subdivision Regulations) of Chapter 26 of the Code of Laws for final plats. There is a portion of public dedication required. The Public Works Department requested that a section of 393 square feet adjacent to 40`h Avenue be dedicated for the purposes of constructing curb, gutter and a sidewalk. V. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The lot could be used for C-1 uses under current zoning without a variance. C-1 uses are not compatible with the surrounding neighborhood. If the variance request were denied, a subdivision creating a substandard residential lot cannot be approved. If the rezoning is approved and the variance is not granted, the lot may be used for a single-family structure under the non-conforming provisions of the Code. Pursuant to Section 26-208 of the Wheat Ridge Code of Laws, corner lots in the R-1 C zone district must have a minimum lot width of eighty feet on each street frontage. 2. If the variance were granted, would it alter the essential character of the locality? The granting of these requests most likely will not impact the essential character of the locality. While there are no other properties in the immediate neighborhood zoned R-1C, many single-family structures are zoned R-3. Both the R-1C and R-3 zone districts require a lot width of 80 feet on each street frontage for a corner lot. Virtually none of the surrounding R-3 properties meet the lot width standard of 80 feet for corner lots. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) Planning Commission WZ-02-14/Molenaar as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot does not have a unique shape. It is a typical rectangular lot, and is relatively flat. The request for variance is isolated to the Harlan Street frontage, which now measures 75 feet. The Public Works Department is requesting 2.5 feet of dedication along West 40th Avenue, further reducing the lot width to 72.5 feet. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant has not created a self-imposed hardship. This lot has existed legally with a 75-foot lot width. The Code of Laws dictates that any corner lot zoned residential, with the exception of the R-1 zone district, must have a minimum lot width of at least 80 feet. The hardship can also be attributed to the acquisition of right-of-way. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The request would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of this request. The request would not increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would result in the ability to subdivide the property, allowing two single-family structures. If the rezoning is approved, but not the variance, the applicant may construct a single-family structure on the lot. The requests would not result in a reasonable accommodation of a person with disabilities. VI. NEIGHBORHOOD MEETING The meeting for neighborhood input was held on September 25, 2002 in the Municipal Building located at 7500 West 29th Avenue. One person attended the meeting, and was in favor of the proposal. A summary of the meeting and sign in sheet has been included as Exhibits 4 & 5. One letter of support was received and has been included as Exhibit 6. Planning Commission WZ-02-14/Molenaar VIL AGENCY REFERRALS All outside service agencies that currently serve the property will continue to serve the property, and have indicated that the property owner will incur any associated costs of improvement. The Public Works Department has indicated a drainage report is not necessary. The Final Plat has been reviewed by the City Surveyor, and has been approved in accordance with the subdivision regulations. This proposal was referred to the Parks and Recreation Committee, and they recommended that cash in lieu of parkland dedication be collected. The applicant is aware of this fee, and requests that it be paid prior to issuance of certificate of occupancy. VIII. STAFF CONCLUSIONS AND RECOMMENDATIONS Each request should merit its own discussion and separate motion. Staff concludes that the proposed zone change is consistent with the Comprehensive Plan. The proposed use will be consistent with the neighborhood, and will remove commercially zoned property from the neighborhood. Therefore, staff recommends APPROVAL of Case No. WZ-02- 14. The final plat meets the subdivision requirements as described in Article IV of Chapter 26 of the Code of Laws. Approval of the variance is needed in order to approve the subdivision. IX. RECOMMENDED MOTIONS Rezoning "I move to recommend APPROVAL of Case No. WZ-02-14, a request to rezone from Commercial One to Residential One-C, property located at 6015 W. 40`t' Avenue, for the following reasons: The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. 4. There are adequate public facilities to serve the uses proposed. Variance "I move to recommend APPROVAL of the variance associated with Case No. MS-02-08, a request for a 7.5 foot lot width variance for a corner lot located in the R-1C zone district, for property located at 6015 W. 40`x' Avenue for the following reasons: The hardship has not been created by any person having current interest in the property. Planning Commission Page 6 WZ-02-14/Molenaar 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. Final Plat "I move to recommend APPROVAL Case No. MS-02-08, a request for a final subdivision plat, for property located at 6015 W. 40`f' Avenue for the following reasons: 1. The subdivision meets all requirements of a final plat. 2. A variance has been granted for the lot width requirement for a corner lot in the R-1C zone district. With the following condition: The fee in lieu of parkland dedication, as specified by the Parks and Recreation Commission, be paid for each lot prior to issuance of the certificate of occupancy. Planning Commission WZ-02-14/Molenaar EXHIBIT 1 Craig F. Molenaar 7395 W. 47th Avenue Wheat Ridge, CO 80033 November 7, 2002 City of Wheat Ridge 7500 W. 29 b Avenue Wheat Ridge CO 80212-6713 Re: Molenaar Minor Subdivision Application Dear Community Development Department, This is an application for a proposed subdivision and rezoning of an existing property in Wheat Ridge. Also included is a proposed variance to achieve a reasonable rezoning. The considered property is currently addressed as 6015 West 40'h Avenue. It is a comer property that faces West 40a' Avenue to the south and Harlan Street to the east. Adjacent to the property to the west and north sides are residential properties. The proposed subdivision would divide the existing property of 163 feet by 75 feet into two lots. The Wheat Ridge Public Works Department has requested that an additional 2.5 feet right-of- way be dedicated on the West 40a` Avenue side of the property. This would make the dimensions of the lots 83 feet by 72.5 feet (Lot 1) and 80 feet by 72.5 feet (Lot 2). The proposed subdivision would also change the zoning from existing C-1 commercial zoning to R-1C zoning, medium density single family residential lots. This proposed zoning change will make this property compatible with the surrounding area. All the adjacent properties as well as the properties across the street of both West 40s` Avenue and Harlan Street are of residential use. The closest commercially zoned properties exist to the north of West 41~` Avenue on Harlan Street and near West 3e Avenue to the south on Harlan Street. Therefore with the surrounding area being of primarily mixed residential use (apartments and single family units) this change in zoning is much more compatible with existing conditions. The creation of two single family residential properties shall be an asset to the area and will not adversely affect the surrounding area by creating any public health, safety, welfare or drainage problems. There is adequate infrastructure in terms of utilities and traffic circulation. The proposed R-1C zoning requires a minimum lot size of 5,000 square feet. Both of the proposed lots would adequately meet this requirement. However, the one requirement that cannot be met with R-1C zoning is that the comer lot shall have a minimum lot width of 80 feet for both street frontages. For the proposed corner lot (Lot 1) these dimensions would be 83 feet (W. 40s` Ave) and 72.5 feet (Harlan St.). The existing lot width on Harlan Street is 75 feet. With the 2.5 feet right-of-way dedication requested by the Public Works Department it is further reduced to the 72.5 feet. This condition would require a variance to meet the requirements of R-1C zoning. This requested variance would not significantly alter the essential character of the locality or severely alter the ability to place a single family residence on the property. Granting of this variance would not be detrimental to the public welfare or injurious to other properties or improvements in the neighborhood in which the property is located. The providing of an additional 2.5 feet for the right-of-way on West 40'h Avenue would permit an adequate street width to accommodate parking as well as a sidewalk. The proposed subdivision of this property shall very much stay in character of the surrounding neighborhood. The lot sizes will be typical of this medium density area. The rezoning enhances the surrounding area even more as it is changing a commercial zoning to a residential zoning conforming to the surrounding neighborhood. I look forward to working with you with this application for a minor subdivision with a rezoning and variance. Sincerely, Craig F. Molenaar Enc: 3 E ax ax az R R N to 9 Say R - M z3 8 a 454s 4do+a R °N W R-2 y ° „ 5 mx h ~ 1 H _ g Q a l g H R N ~ S ° a o ~ g ~i wm i m i ° ~ z e ° sws § ~ ~ x Sam m a $ 39x m wSam vU 3ee0 3902 . 3x55 Sam a0o5 W4 R ° ~ R e U m ' gg 9 m a9as 3949 W 40THA W 39TH AVE 36 X55 3885 x vM 7 7 E5~ 9~ ffi 39W 3935 3Ab 8' a . ,.p $ e g $ y $ S R-3 s9s9 C . s9 ° 3 g m 364 9 ssm sass .I m B A E ^ sa+9 3eso a sass asae 39s5 = R. c m m ° . g N. in sass U S S ' 355° 3550 35b` -414 C 355a Z W 39tH AVE ° se49 L sass alas Q R£ A - W B x e ° . ~ se x3a 3&i5 a Z 5U I N-C Y ss R-C m ~~~I4Id a R I C mW W. 26 L-1 w C-7p R C-1 5 0 N F F H 3 C J - - 8 9 ..a a s T-l 9 P a s a s r NW 25 R-C I OFFICIAL _ SW 24 PARCEULOT BOUNDARY ZONING MAP (DESIGNATES OWNERSHIP) WHEAT RIDGE WATER FEATURE COLORADO DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN o IW 200 500 900 re55 (APPROXIMATE LOCATION) ~ aura4m c DEPARTMENTOF MAP ADOPTED: June 15, 1994 °a5°0 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 to EXHIBIT 3, MINOR SUBDIVISION PLAT REFER TO ATTACHMENT 1 OF SUBDIVISION PLAT REQUEST EXHItBAvenue IT 4 city of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone (303)235-2846 Fax (303)235-2857 Date: 25 September 2002 City Staff Present: T. Crane Location of Meeting: Municipal Building, 2"a floor conference room Property Address: APN # 39-243-00-055 (NW Cor of 40"' & Harlan) Property Owner: Craig Molenaar Property Owner Present? Yes Applicant: Same Existing Zoning: C-1 Comp Plan Designation: SF-6 Single Family-6 Existing use/site conditions: Vacant lot Applicants proposal: Rezone property to Residential-One C. the lot would be subdivided into 2 lots to accommodate 2 single family homes. Issues discussed: One person attended the meeting, and was in favor of the process. He had a few questions about drainage and what kind of structures will occupy the lots. He stated that he was in favor of developing this land as single family homes. V p w W N O c G O N ® L Z N o 0 L. Z CD m~ 2 n/ y LLO. E Q. m y ~CD POW Z x x W w 2 lc~ Z 2 IL w Q w J IL d c O a N N d d E m z T 0 ~I M ,M N O 3 JJ ~o O r o~ EXHIBIT 6 'ic", V 3J Or L r W1+~ ~°t .~9 e -E cf-,;1-3--W ~ a~ ~ ~ r~ ceix.c3n ;^c+ o~ e~~g,^s~g ~w~c+ cav~ae~~rc.~a1 zor.r5 4Mrt ave, Sfi vu.o~~~ 4~ a %olle'A e- .\-i' "~Fo owr t+tSe+y~bar~ o~~ - \M v- ~t.a 11t1 bee teem n ~ Move; a m °t ba sa; e 5s at e 'vk ~d~35rv+gall.i 3`f. `~a3.-yay-~7S'8 y I f INTRODUCED BY COUNCIL MEMBER Council Bill No. 06-2003 Ordinance No. Series of 2003 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL ONE TO RESIDENTIAL ONE C FOR PROPERTY LOCATED AT 6015 WEST 40ru 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 Craig Molenaar, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-02-14, for property located at 6015 West 40r' Avenue and based on a recommendation for approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial One District and to include in the Residential One C zone districts the following described land: A PARCEL OF LAND LOCATED IN THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTH ONE HALF WHICH IS THE TRUE POINT OF BEGINNING, THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 193 FEET, THENCE AT RIGHT ANGLES SOUTH 75 FEET, THENCE AT RIGHT ANGLES DUE EAST 193 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION WITHIN THE RIGHT OF WAY FOR HARLAN STREET, CONTAINING 12,225 SQUARE FEET, MORE OR LESS. 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 26-121 of 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. ATTACHMENT 2 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 2003, 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 , 2003, 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 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 March 10, 2003 Dear Property Owner: This is to inform you of Case Nos. WZ-02-14 and MS-02-08 which are requests for approval of a rezoning from Commercial-One (C-1) to Residential-One C (R-1C) and for approval of a 2-lot minor subdivision plat including a 7.5 foot variance to the 80 foot lot width requirement for a corner lot in the R-1 C zone district, resulting in a lot width of 72.5 feet on property presently known as 6015 West 40`h Avenue. These requests 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 March 24, 2003 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you are a property owner within 100 feet of this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. C tDocuments and Settings athyWy DocumentsUCathy\CCRPTSNIRINOTI00003yps0208&wz0214.wpd MAR 10 d o v .o T C O N I O d Q ~ d C W 2 y y r 4. / O E m v N O O q y ' ' ~ + O a Q ~ E 0 0 o o `0 as c ° ~ ° at a m a m v m v m e m a m a m a m v m _ N a= l N N N N N N N N N N N N N N N N N N N « vat] x O A N R O O N V! O O N y O O N u! O O ~V N O O ~V N O O N N O O N N O O N y O O ~1 N O v > > 0 O v ' I ~ - IO N a ° G! 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G m D m Er m m m a = Ln m m m m- o C7 0 0 a 0 o o 0 a LL N C7 1 -0 rq A -0 rrq A A - a rrq ~ Q 1~ r- r, r N r o Z a NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on March 24, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building 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-02-14: An application filed by Craig Molenaar for approval of a rezoning from Commercial-One (C-1) to Residential-One C (R-1 C) for property presently known as 6015 West 40th Avenue and legally described as follows (see legal description for Case No. MS-02-08): Case No. MS-02-08: An application filed by Craig Molenaar for approval of a 2- lot minor subdivision plat including a 7.5 foot variance to the 80 foot lot width requirement for a corner lot in the R-I C zone district, resulting in a lot width of 72.5 feet on property presently known as 6015 West 40th Avenue and legally described as follows (the following legal description pertains to both cases): A PARCEL OF LAND LOCATED IN THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTH ONE HALF WHICH IS THE TRUE POINT OF BEGINNING THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 193 FEET, THENCE AT RIGHT ANGLES DUE SOUTH 75 FEET, THENCE AT RIGHT ANGLES DUE EAST 193 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ANY PORTION WITHIN THE RIGHT OF WAY FOR HARLAN STREET. CONTAINS 12,225 SQUARE FEET, (0.281 ACRES), MORE OR LESS. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: March 6, 2003 of W~EaT ITEM NO. i qp REQUEST FOR CITY COUNCIL ACTION ~0(ORADO COUNCIL MEETING DATE: February 24, 2003 TITLE: WZ-02-14/MOLENAAR ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: February 24, 2003) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: 4 Yes No Director of Community Development City Manager RECOMMENDED ACTION: "I move to approve Council Bill case number WZ-02-14, a request for a rezoning from Commercial One to Residential-One C, on first reading for property located at 6015 W. 40" Avenue, ordered published, public hearing set for March 24, 2003 at 7:00 in the City Council Chambers." EXECUTIVE SUMMARY: Craig Molenaar is requesting approval of a rezoning and minor subdivision plat with dedication, with an associated variance for lot width, for property located at 6015 W. 40" Avenue. This action concerns only the rezoning which is accomplished by ordinance. The subdivision plat and associated variance will be reviewed at the time of the public hearing. FINANCIAL IMPACT: The City has received a one time application fee for the rezoning application, subdivision plat, and variance request. If any development occurs, the City would receive a one time fee for a building permit application for each lot. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed this case on February 6, 2003, and recommended approval of the rezoning for the following reasons: 1. The change in zone will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public safety or welfare. 4. There are adequate public facilities to serve the uses proposed. Planninng Commission also recommended approval of the minor subdivision plat and associated variance. Since neither the subdivision plat nor the variance require approval by ordinance, it will be presented and acted upon separately by Council at the time of second reading. PROJECT HISTORY: This property has remained as a vacant lot and is currently being used as a staging area for the Harlan Street improvement project. STATEMENT OF THE ISSUES: There are no outstanding issues associated with the proposed rezoning. ALTERNATIVES CONSIDERED: None. Report Prepared by: Travis Crane 303.235.2849 Reviewed by: Meredith Reckert Attachments: I. Planning Commission staff report (except plat) 2. Council Bill No. C:/Case Review/Molenaar/Molenaar Council Action Form INTRODUCED BY COUNCIL MEMBER Council Bill No. 03-2003 Ordinance No. Series of 2003 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL ONE TO RESIDENTIAL ONE C FOR PROPERTY LOCATED AT 6015 WEST 40TH 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 Craig Molenaar, approval of a rezoning in Wheat Ridge, Colorado, Case No. WZ-02-14, for property located at 6015 West 40' Avenue and based on a recommendation for approval from the Wheat Ridge Planning Commission and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial One District and to include in the Residential One C zone districts the following described land: A PARCEL OF LAND LOCATED IN THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTH ONE HALF WHICH IS THE TRUE POINT OF BEGINNING, THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 193 FEET, THENCE AT RIGHT ANGLES SOUTH 75 FEET, THENCE AT RIGHT ANGLES DUE EAST 193 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION WITHIN THE RIGHT OF WAY FOR HARLAN STREET, CONTAINING 12,225 SQUARE FEET, MORE OR LESS. 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 26-121 of 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 fiuther determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. ATTACHMENT 2 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 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2003, 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 , 2003, 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 SIGNED by the Mayor on this ATTEST: Wanda Sang, City Clerk 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 2003. day of 2003. GRETCHEN CERVENY, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 FAX 303/235-2857 Ridge February 13, 2003 Craig Molenaar 7395 W. 47th Ave. Wheat Ridge, CO 80033 Dear Craig: Please be advised that at its meeting of February 6, 2003, the Planning Commission has recommended that City Council approve your request to rezone from Commercial-One to Residential- One C property presently known as 6015 West 40th Avenue for the following reasons: 1. The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. 4. There are adequate public facilities to serve the uses proposed. Also, the Planning Commission has recommended that City Council approve your request for approval of the variance associated with Case No. MS-02-08, a request for a 7.5-foot lot width variance for a corner lot located in the R-1 C zone district, for property presently known as 6015 West 40' Avenue for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. 4. A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. And finally, the Planning Commission has recommended approved of your request for a final subdivision plat for property presently known as 6015 West 40`h Avenue for the following reasons: The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a comer lot in the R-1C zone district. Craig Molenaar Page 2 February 13, 2003 With the following condition: The fee in lieu of parkland dedication, as specified by the Parks and Recreation Commission, be paid for each lot prior to issuance of the certificate of occupancy. Your requests for approval of a zone change, variance, and final subdivision plat are scheduled for first reading by City Council at 7:00 p.m. on February 24, 2003, and second reading on March 24, 2003. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosures: Draft of Minutes cc: WZ-02-14 & MS-02-08 (case files) c:\Kathy\PCRPTS\PLANGCOM\CORRESP\APP V LTRS\ 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. 7. PUBLIC HEARINGS A. Case No. WZ-02-14: An application filed by Craig Molenaar for approval of a rezoning from Commercial-One (C-1) to Residential-One (R-1C) for property presently 'IF known as 6015 West 40`h Avenue. B. Case No. MS-02-08: An application filed by Craig Molenaar for approval of a 2-lot minor subdivision plat including a 7.5 foot variance to the 80 foot lot width requirement for a corner lot in the R-1C zone district, resulting in a lot width of 72.5 feet on property presently known as 6015 West 40'h Avenue. These cases were presented by Travis Crane. He reviewed the staff report, entered all pertinent documents into the record and advised the Commission that there was jurisdiction to hear the case. Staff recommended approval of both cases for reasons outlined in the staff report. Commissioner SNOW questioned the public dedication of 2.5 feet of right-of-way to construct curb, gutter, and sidewalk and expressed concern that the lot could become legally nonconforming. Alan White explained that the lot would be legally conforming if the requested variance were to be approved. AFT Craig Molenaar 7395 West 47th Avenue Mr. Molenaar, the applicant, was swom in by Chair WEISZ. He explained that the 2.5 feet right-of-way dedication is to make the existing sidewalk along 40`h Avenue west of his property line up with the sidewalk in front of his property. He also commented that the 2.5 feet would also allow parking on both sides of the street. Chair WEISZ asked if there were any present who wished to address these cases. There was no response. It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to recommend approval of Case No. WZ-02-14, a request to rezone from Commercial One to Residential One-C, property located at 6015 West 40th Avenue, for the following reasons: 1. The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies. 2. The proposed use is compatible with the surrounding area. 3. The change of zone will not adversely affect the public health, safety or welfare. 4. There are adequate public facilities to serve the uses proposed. The motion passed 6-0 with Commissioner MCNAMEE absent. Planning Commission Page 2 February 6, 2003 It was moved by Commissioner McMILLIN and seconded by Commissioner PLUMMER to recommend approval of the variance associated with Case No. MS-02-08, a request for a 7.5-foot lot width variance for a corner lot located in the R-1C zone district, for property located at 6015 West 40`h Avenue for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. In answer to questions from Commissioner MCMILLIN, Alan White stated that the applicant recently purchased this property and had no interest in the original subdivision and that he could see no visual or other impact to having a 75-foot width on Harlan Street. Commissioner SNOW requested a friendly amendment to add a fourth reason: A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. The amendment was accepted by Commissioners McMILLIN and PLUMMER. The motion passed 6-0 with Commissioner McNAMEE absent. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to recommend approval of Case No. MS-02-08, a request for a final subdivision plat for property located at 6015 West 40`h Avenue for the following reasons: 1. The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a c lot in the R-1C zone district. With the following condition: 1. The fee in lieu of parkland dedication, as specified by the Parks and Recreation IL Commission, be paid for each lot prior to issuance of the certificate of occupancy. The motion passed 6-0 with Commissioner McNAMEE absent. C. Case No. ZOA-02-08: An ordinance amending Appendix A of Chapter 26 of the Wheat Ridge Code of Laws pertaining to the Zoning and Development Fee Schedule. The case was presented by Alan White. He reviewed the staff report with a recommendation of approval of the new fee schedule. Fee schedules were last revised two years ago. One significant increase is due to the costs of engineering reviews required for certain cases. Fee schedules of surrounding communities were surveyed. The suggested fee schedule will be similar to that of Lakewood. Commissioner PLUMMER expressed concern about the impact of increased fees on small development, such as when an individual wants to build a single house on a vacant lot. He Planning Commission Page 3 February 6, 2003 POSTING CERTIFICATION CASE NO. VJZ -QG - 14 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: Yvlrs. ~n . -200," (name) residing at Ale, ~nIG (address) as the applicant for Case No. W2 Q2 - l4 , hereby certify that I have posted the Notice of Public Hearing at (location) on this G day of rat) y '~'~l • 200S and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. MAP e:\pian ni ng\forms\postingeert Rev. 616101 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 January 23, 2003 Dear Property Owner: This is to inform you of Case Nos. WZ-02-14 and MS-02-08 which are requests for approval of a rezoning from Commercial-One (C-1) to Residential-One C (R-1C) and approval of a two-lot minor subdivision plat including a 7.5 foot variance to the 80 foot lot width requirement for a corner lot in the R-1 C zone district, resulting in a lot width of 72.5 feet on property presently known as 6015 West 40" Avenue. These requests will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on February 6, 2003 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. C'.~D000ments and Sevi,,,Vathyt y Docoment\KathyNC"TSTLA GCOMNcnotice~003Ms0206&wz@14.wpd a d m c `w ~ m D C C y 2 H ~ a a c Q w a a o d S z > 7 wi G aj c y S o ~ o N ~ w ~ ~ . N ° E a 0 ` a v p r o ~ o a c E.1.0 at a m v co v m v w a ao v m v m ~ m a m N C D W N N N N N N N N N N N N N N N N N N % U N ~E N N U O O N m O O N N O O y O O N y O O N N O O y O O N N O O N N O O N N a~°5 U_ r O C N O C a ~ N' O m C M N N `O e M O M M O M O N C W m C 0 N O N j O O V ~ O W O NO NO ' . NAM a, O d» dd O O >ep - O >i N O Na0 O N N G N p OJ N D f- L O m . N 0=0 . D) C N (p Q O U m Q C O Q O C N p G O N O 5 O Q1 N OO U m~0 fnM EO U (n ~n a o YOU a C OU ' ~ U 2U F ~U m a cD '2r F-~°' N KmD atmm ~ m w o y w 2 H .2m J 2~m y d d N a Q w m p T>p c Ma v O o 2 m3 M2 OOlO c D INK , a INK m a ~.mK r a_ NNE . _6~ N N j~ y UI ~cN] O l >i O N >M N CD.m OO N 2 0 l5 NM R O mU01 lp ry U N ' O > N N^ C, O L Q O N m J N C U m L O L L L O N "O m s a U' C jn N N~ p N N Q N . F Q c c O w o U U w o w E a ❑ ❑ ❑ ® ❑ ❑ Z N N N d ~ N a N a v N v v N v v N ~ N v M 'C m m~ ro m m m w m ~ lJ1 O / Q v v v v a v v o v 0 O o rn rn 0 00 r'° y rn w m m m rn m o a rn °m °m rn rn rn °rn °rn rn Q W Z n r n ~ n n r O ll~ r Q 0 D N O Q Z o z Z ~ ~ S U r'. a c ~I NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on February 6, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h 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-02-14: An application filed by Craig Molenaar for approval of a rezoning from Commercial-One (C-1) to Residential-One C (R-1 C) for property presently known as 6015 West 40`h Avenue and legally described as follows (see legal description for Case No. MS-02-08): Case No. MS-02-08: An application filed by Craig Molenaar for approval of a 2- lot minor subdivision plat including a 7.5 foot variance to the 80 foot lot width requirement for a corner lot in the R-1 C zone district, resulting in a lot width of 72.5 feet on property presently known as 6015 West 40`h Avenue and legally described as follows (the following legal description pertains to both cases): A PARCEL OF LAND LOCATED IN THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTH ONE HALF WHICH IS THE TRUE POINT OF BEGINNING THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 193 FEET, THENCE AT RIGHT ANGLES DUE SOUTH 75 FEET, THENCE AT RIGHT ANGLES DUE EAST 193 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ANY PORTION WITHIN THE RIGHT OF WAY FOR HARLAN STREET. CONTAINS 12,225 SQUARE FEET, (0.281 ACRES), MORE OR LESS. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: January 23, 2003 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 January 2, 2003 Dear Property Owner: This is to inform you of Case Nos. WZ-02-14 and MS-02-08 which are requests for approval of a rezoning from Commercial-One (C-1) to Residential-One C (R-1 C) and approval of a two-lot minor subdivision plat for property presently known as 6015 West 40`h Avenue. These requests 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 January 16, 2003 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. CDOcunencs and Seuings RahyM4y DocumentsWathy\PCRPTSVLA GCOWcnoticd002Ms0208kwz0214wpd a d C d ~ d .2 v G3 v . d C ~ U _ a ~ O ¢ J w d ~ o a v L z ? vl m R a c ~ ~~/1 `o 1 6 N rn o w C ~ N p E o a m p L o ~ as c y o ~ m a ~ m v m v m v m ~ m a m v m v m v m _ N~ a- N N N N N N N N N N N N N N N N N N N x °p' m a ti ~ U 0 0 N N 0 0 ~I N 0 0 N N 0 0 N y 0 0 N N ~ 0 0 ~~JJ h r 0 0 ~V N 0 0 N 2 0 0 y r Q m 2i a1~ So6~ 2i 4'f~ ~Nf ~ i-62 L $v'1 $ai5~ i M5~ a7 C d U_ t O N O a m O M M M N F c O N w o j O Da -~O am OWN N.o A rn ^ 2NO a>m d N0 d>m - O 3'm .O yam 0 N N c N p m "O H L O y m 10 y O D) " m C_ O 2 lp Q m N U (6 Q C L O Q L O C N g C O O r o 5 c pU Z~O NFU > EO z Yo0 1oU 'Ac) +10 H?> m 3 N w m a Q m o T o c m K m o mmo 60 o c?>v a Yea ' ° ~ro'a a Z. v NK m N VI w Nm >i y NN"p MK O Ny 3 Ca: c~n NN N - ~nK `p V Z.r pa) c CO p¢~ 9 10 Y N N ~ ~ O ~ O $ m N O t 1 y Q ~ ~p l6 O O m L O N O m m t6 O L ~O L U N NL~ a a J C7 O r'J C U i ~i ~j L C y a) m~ o N Q n ? C m O U y~ n N O C ~ li W N O O O O o O O o O d O m m m W m OD m m ~ W \ Q a O V C r / f7 c O O V V V C ~ V ~ 00 ~ rn rn m w m m rn m m rn rn °m °m m °m °rn °m °m F- O ' ° o ° ° o ° o ° > Q z z a o a o a p c o g o n m a o ` c o Q W n r r n n r W = U ~ > o N 0 z a o W z N = U I, a EI * r7~-a-l ----:MetroScan / Jefferson (CO) Owner :Hazen Wayne W Parcel : 023618 Site :6065 W 39Th P1 Wheat Ridge 80033 Xfered : 09/27/2000 Mail :2655 Van Gordon Dr Lakewood Co 80215 Price : $132,000 Full Use :1112 Res,Improved Land Phone : 303-232-4244 Bedrm: 2 Bath:1.00 TotRm: YB:1952 Pool: B1dgSF: 760 Ac: * • MetroScan / Jefferson (CO) • Owner :Jarvis George L Cc Trustee Parcel : 024050 Site :6010 W 40Th Ave Wheat Ridge 80033 Xfered : 03/15/1993 Mail :13260 W 16Th Dr Golden Co 80401 Price Use :5112 Res,Apartments,Improved Land Phone : 303-233-6044 Bedrm: Bath: TotRm:l YB:1951 Pool: B1dgSF: 3,021 Ac:. 30 : MetroScan / Jefferson (CO) ' Owner :Shea Dwight T Jr Parcel : 024076 Site :6035 W 39Th PI Wheat Ridge 80033 Xfered : 05/29/1979 Mail :6035 W 39Th Pl Wheat Ridge Cc 80033 Price : $69,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.50 TotRm: YB:1953 Pool: B1dgSF: 1,394 Ac: • MetroScan / Jefferson (CO) ' Owner :Livingston Alvera R Parcel : 025301 Site :*No Site Address* Xfered : 08/10/1987 Mail :1805 S Balsam St #182 Lakewood Co 80232 Price Use :1111 Vacant,Residential Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:. 33 * MetroScan / Jefferson (CO) ' Owner :City Of Wheat Ridge Parcel : 025353 Site :4010 Harlan St Wheat Rid'ge 80033 Xfered : 07/24/2002 Mail :7500 W 29Th Ave Denver Co 80033 Price Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath:,.-' TotRm:l YB:1964 Pool: BidgSF: 8,110 Ac:. 55 Met=Scan / Jefferson (CO) ' Owner :Marble Calvin D/Marble P S Parcel : 025681 Site :4085 Harlan St Wheat Ridge 80033 Xfered : 08/04/1993 Mail :PO Box 5669 Santa Barbara Ca 93150 Price : $430,000 Use :5112 Res,Apartments,Improved Land Phone : 805-969-2574 Bedrm: Bath: TotRm:l YB:1962 Pool: B1dgSF: 13,502 Ac:. 62 * ; MetroScan / Jefferson (CO) • Owner :Knapp Danny L Parcel : 026545 Site :6025 W 40Th Ave Wheat Ridge 80033 Xfered :01/30/1996 Mail :6025 W 40Th Ave Wheat Ridge Co 80033 Price :$84,900 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1942 Pool: B1dgSF :525 Ac: .17 * MetroScan / Jefferson (CO) • Owner :Knapp Danny L Parcel :026546 Site f~. :*No Site Address* Xfered :01/30/1996 Mail ~ :6025 W 40Th -Ave Wheat Ridge Cc 8 Price $84,900 Use `J :1155 Vacant,Residential JJJ Phone Bedrm: .-Bath: -"TotRm: } YB: Pool: B1dgSF : Ac: .14 MetroScan / Jefferson (CO) owner :Meier Gloria Young Parcel :026926 Site :6045 W"40Th Ave Wheat Ridge 80033 Xfered :01/07/1999 Mail :604.5'W 40Th. Ave Wheat Ridge Cc 80033 Price Use :1112 Res'Improved Land Phone Bedrm : ( :='8ath:1.00.'TotRm: YB:1954 Pool: B1dgSF :1,354 Ac* .25 MetroScan / Jefferson (CO) - Owner :Taceonwlli Gary J Parcel :408806 Site :3978 Harlan St Wheat Ridge 80033 Xfered :10/01/1991 Mail :3978 Harlan St Wheat Ridge Cc 80033 Price :$68,000 Use :1112 Res,Improved Land Phone Bedrm :2 Bath:1.00 TotRm: YB:1923 Pool: B1dgSF :1,032 Ac: .23 * • MetroScan / Jefferson (CO) ' Owner :Troast Barry L Parcel :408807 Site :5965 W 39Th Pl Wheat Ridge 80212 Xfered :03/02/1992 Mail :5950 W 39Th P1 Wheat Ridge Co 80212 Price :$68,000 Use :1112 Res,Improved Land Phone Bedrm :2 Bath:1.75 TotRm: YB:1951 Pool : B1dgSF :1,208 Ac: .20 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. -JEFFCO. 94' 013 91 O 025 172 in O 5-A 7-5--6-9 40' 6-A U 6- B w 0 000 0 ' T' C N 87 - a ~ 64 a o21 i n ° 023 to N , 107' 85' 47' 153' 0 0 31 EI ' I JEFFCO.- ' 731 12. I ' JEFFCO. 1138 133• Z C 101 75 83 85 99 102 150 016 0 101 l00 0 17 36 01 0 ~O to W w 82e 99 Q 014 fD 015 115 00 00 O o m 4 ~ ` 021 o 0 i9 0204 167 l'. 00 0 ~e 02 3 U. 175 184' a 151 104' 19 I $2 156 1 00 1 022 00 ~ 020 00 1 101' 5' 193' W. 40Th. P I ace a 4-A 4-B 40 3-A D-! 3-B 102.4' 2-A 109 I-A 19 N , N OO6 O 001 00 2 0 03 _ 004 wH w1i w1i wH 124' w ~EL 880 162 8 63 7-A 7-B 8-C O Q \T 9-A jg 10-A O N c .S-B ~W~ 012 011 010 009 IR -H ' I ' i 2.4' 109' 39th. Ave. I 31 00 f LOO 03I 032 O 125' 152 157 m ~J 002 2 00 00 r 153 XZ~L 00 oz4 39-242A ' U B 0 004 00 a ' ~ R 45' 00 25 14o' HA UNG AMENDED ' fi ' ' 8 7 136 64 13 5 15380 0 5 A16( 1 045 6 Q50' 2 N 3 042 CO a 8 wD 92 89' v 2 6 M ~ 044 N A9 %o 041 2 O ?.3 11390 z . 6 °M West N KA. W 391h 40 th Place M 'N 29 12 7 75 100' " 001 HAR TUN G 7 c 0 38 4 6 O 138 65' i U B o 040 Z h 037 S 039 16 25' 138 6' 75' 100' ' 30 90 90 99 90' 95' 158 5 N 1-B 036 2.N N 3-A 4 0 33 _ 5 6 0 FA 034 a 3i~ 032 - 031 030 - 035 H L L E L O U R S 90' 90' 90' 90' W est 39 th IOCe N K A We th AVE. ~ PARK N --~,J 029 B a 73 ~ 1s s e 028 _ 039 _ _N 027 - 386.55' 99 157 95' 30 17100 13 191 75, 001 N 3 12 N - Q09 00 2 N 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 January 16, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building 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-02-14: An application filed by Craig Molenaar for approval of a rezoning from Commercial-One (C-1) to Residential-One C (R-1 C) for property presently know as 6015 West 40th Avenue and legally described as follows (see legal description for Case No. MS-02-08): Case No. MS-02-08: An application filed by Craig Molenaar for approval of a 2- lot minor subdivision plat on property presently known as 6015 West 40th Avenue and legally described as follows (the following legal description pertains to both cases): A PARCEL OF LAND LOCATED IN THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6T" P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID NORTH ONE HALF WHICH IS THE TRUE POINT OF BEGINNING THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 193 FEET, THENCE AT RIGHT ANGLES DUE SOUTH 75 FEET, THENCE AT RIGHT ANGLES DUE EAST 193 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ANY PORTION WITHIN THE RIGHT OF WAY FOR HARLAN STREET. CONTAINS 12,225 SQUARE FEET, (0.281 ACRES), MORE OR LESS. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: January 2, 2003 Engineering & Surveying, LLC January 6, 2003 Mr. Travis Crane, Planner Department of Planning and Development City of Wheat Ridge 7500 West 291h Avenue Wheat Ridge, CO 80033 Re: Case No. WZ-02-14 6015 W. 401h Ave (NW COR of Harlan and 40`h) Two Single-family Residential Lots Dear Travis: !l CGS This letter is in response to your request for confirmation of the availability of sanitary sewer service for the above parcel. The subject lot at the address referenced above is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Wheat Ridge Sanitation District facilities in this area consist of an 8 inch sanitary sewer main within 40`h Avenue and a 12 inch sanitary sewer main within Harlan Street. This parcel is subject to the assessment of both Wheat Ridge Sanitation District and Metro tap charges. The subdividers and/or developers may be required to extend sewer lines to their project sites and/or share in the cost of providing additional capacity to serve their projects. In addition, you should be aware that the District requires approval of plans for sewer service connections, determination and payment of tap fees, as well as inspection of construction by the District's Engineer. Very truly yours, Robert brief, PIE. District gineer eat R dq Wt e Sanitation District RRG/rg cc: District Office ti 7! r` 7901 E. BelleviewAve. Ste 230 • Englewood, CO 80111 • Phone (303) 7734605 Fax (303) 773-3297 7500 West 29" Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 14 November 2002 The City of U The Wheat Ridge Department of Planning & Development has received a request for a rezoning and subdivision at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday, December 10, 2002. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-02-14 LOCATION: 6015 W. 40th Avenue (NW COR of Harlan and 401h) REQUESTED ACTION: Rezoning from Commercial One (C-1) to Residential One-C (R-1 C). This request will also include a two-lot minor subdivision. RECD NUV 1 20'~`~ PURPOSE: To create two single-family residential lots. APPROXIMATE AREA: 12,225 square feet Please describe your ability to service the property, while considering the following: • The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Department of Planning and Development Fax: 303-235-2857 Completed by: ~'4 Q ~fa6ko (Name, Agency/Department, Date) DISTRIBUTION: Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Economic Development "The Carnation City" Sellards & Grigg, Inc. Page 1 of 1 CONSULTING ENGINEERS /LAND SURVEYORS December 30, 2002 Mr. Travis Crane Planner City of Wheat Ridge 7500 W. 29`h Ave. Wheat Ridge CO 80033 Travis, I have reviewed and completed the red-line comments for the Molenaar Minor Subdivision and have the following remarks. I. The spelling of "Guaranty" is correct and is taken directly from the State Statutes on certification. I have included a copy of that page with this submittal. 2. The Vicinity map represents a quarter-quarter of a section and is labeled "SEl/4, SW 1/4 Section 24. I moved the text to I hope better reflect our intentions. 3. The Quit Claim deed the City received from Craig Molenaar changed the square footage of the dedication and is corrected in the graphic portion of the plat and in the new Note 6. 4. I am returning the redlined plat with this submittal. er Sine John McGuire Senior Surveyor Sellards & Grigg Inc. 390 Union Blvd. Ste. 630 Lakewood CO 80228 303-986-1444 cc: John S. Lambert P.L.S. 390 Union Boulevard, 303.986.1444 Suite 630 FAX 303.986.0994 Lakewood, Colorado 80228 www.sanda4.com 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of Wheat Ridge 19 November 2002 John McGuire Sellards and Grigg 390 Union Boulevard, suite 630 Lakewood, Colorado 80228 RE: Molenaar Minor Subdivision Dear Mr. McGuire: I have completed my initial review of the above-mentioned project, and I have the following comments: Plat review: A. The ten and five foot utility easements should be graphically shown and labeled on the plat. B. The zoning for lots 1 and 2 of the Molenaar Minor Subdivision should be changed from "C-1" to "Proposed R-1C zoning". C. The street to the south of the Molenaar Minor Subdivision should be labeled "W. 401h Avenue". D. The Harlan Court Subdivision to the south should detail a lot number on each lot. E. Under Real Property Description the word "one" is misspelled in line two. F. Under Real Property Description the Notary Certification should be reworded to read, "The foregoing instrument was acknowledged before me this..." G. Under the General Notes section the word "cap" is misspelled in note number four. H. Under the Planning Commission Certificate the word "Commission" is misspelled twice. I. Under the City Council Approval there should be a period at the end of the certification. J. Under the Surveyor's Certificate the word "guarantee" is misspelled in line seven. K. Under the Surveyor's Certificate the date of survey line should be removed. L. All date blocks should be changed to read "20 " M. The case history box should contain the case numbers "WZ-02-14" and "MS-02-08". N. Note number 6 should be added under the General Notes heading which reads "A measure of 408 square feet, labeled as Tract A, is hereby dedicated to the City of Wheat Ridge." 2. Parkland Dedication: A. The subdivider will be responsible for providing parkland dedication for this subdivision. Pursuant to Section 26-421(D), any subdivider of residential land shall be required to provide the City with parkland dedication. The most acceptable way to provide this dedication to the City is in the form of a cash-in-lieu payment. The parkland dedication fee for this subdivision will be $1,734.91. This fee shall be paid in conjunction to the Subdivision Improvement Agreement prior to recordation of the plat. 3. Agency Referral A. I have included comments from all responding agencies. Any question regarding these specific comments should be directed to the agency that generated the comment. Please make all corrections prior to resubmittal. You should be aware that comments made by the Public Works Department might impact my comments. You should also be aware that the City charges a resubmittal fee for a review after the second submittal. If any corrections need to be made after the next submittal, you will be subject to these fees. If you have any further questions, feel free to give me a call. I can be reached at 303.235.2849. Thank You, Travis R. Crane Planner l DEPARTMENT OF PUBLIC WORKS City of Wheat Ridge Department of Public Works 7500 WEST 29"' AVENUE WHEAT RIDGE, CO 80033 December 3, 2002 Mr. John S. Lambert, P.L.S. Sellard's & Grigg, Inc. 390 Union Blvd. Lakewood, Colorado 80228 Re: Molenaar Minor Subdivision- First Review Comments of Final Plat Dear Mr.Lambert, (303) 235-2868 FAX (303) 235-2857 The Public Works Department has completed the first review of the above referenced documents for the Molenaar Minor Subdivision received on November 14, 2002, and have the following comments: Survey Comments 1. Please change W. 40`h Place to W. 40`h Avenue. 2. Need to indicate a Date of Preparation. 3. Note 5 will need to be completed. 4. The Case History is WZ-02-14 (for the zone change). 5. Please include the ROW as shown on the Quit Claim deed (see note below). 6. Need to adjust the proposed ROW dedication along W. 40th Avenue to match 5 above. Note: I have included a copy of the signed Quit Claim deed from Craig Molenaar. All Right-of-Way acquisitions must go before the Wheat Ridge City Council for approval prior to recording at the County. The Council will meet on December 9th, and hopefully the approval will occur at that time. As soon as I have the Reception Number for the recorded deed, I will relay that information to you so you may reference it on the plat. Any questions related to these survey corrections can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2858. Construction Plans 1. Plan and profile sheet will be required for the construction of the public improvements along W. 40t1, Avenue. Applicable details (i.e.: curb, gutter, walk and asphalt patchback details) for the public improvements will be required to be included in the plan set. 2. The grading and erosion control plans will be required at the time of submittal for the building permit. Subdivision Improvement Agreement Upon City Council approval of the Final Plat, a Subdivision Improvement Agreement will need be executed by the project owner/developer. Application for Minor Dumping/Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping/Landfill Permit, along with the fees due will need to be submitted for review and approval. Public Improvements Cost Estimate & Guarantee Prior to any construction commencing for the required public improvements within the 6015 W. 40`' Avenue right-of-way, an itemized engineer's cost estimate will need to be submitted for review and approval. Upon acceptance of this estimate, a letter of credit reflecting total costs of the approved cost estimate plus 25%, will need to be submitted by the owner/developer for review and approval. Right-of-Way Construction Permit(s)/Licensing Prior to any construction of the public improvements, the necessary right-of-way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red-lined prints with the second submittal. If you have any questions, please contact me at 303-235-2868. Sincerely, Michael Garcia Development Review Engineer cc: Greg Knudson, Interim Public Works Director Steve Nguyen, Interim City Engineer Dave Brossman, City Surveyor Meredith Reckert, Senior Planner File 6015w40th-Platreview l .ltr Xcel EnergysM PUBLIC SERVICE COMPANY December 10, 2002 CITY OF WHEATRIDGE 7500 WEST 29TH AVENUE WHEATRIDGE, CO 80003 Re: Molenaar Minor Subdivision (Travis Crane) Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone: 303.571.7799 Facsimile: 303.571.7877 Public Service Company of Colorado (PSCo) has reviewed the development plans for Molenaar Minor Subdivision. To ensure that adequate utility easements are available within this development, PSCo requests that the following dedication language or plat note, be placed on the preliminary and final plats for the subdivision: Eight-foot (87 wide utility easements are hereby granted on private property adjacent to the front and rear lot lines of each lot in the subdivision or platted area including lots, tracts, parcels and/or open space areas. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. PSCo also requests that these utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to construction. If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303) 425-3867, regarding the use or relocation of these facilities and/or any grading activities on or near these lines. If you have any questions about this referral response, please contact me at (303) 571-7735. Than You, Kath Bauer Contract Right-of-Way Processor NMD: Single-family _anc,. CONTACT NUMBER: 1 DATE RECEIVED: November 14, 2002 DATE REVIEWED: November 26, 2002 SUBDIVISION NAME: Molenaar Minor Subdivision SURVEYOR: NAME: John S. Lambert, P.L.S. Sellard's & Grigg, Inc. ADDRESS: 390 Union Boulevard Lakewood, CO 80228 PHONE: 303.986.1444 FAX: 303.986.0994 CITY REPRESENTATIVE: David F. Brossman, P.L.S. REMARKS: 1. Please change W. 40'h Place to W. 40 s Avenue. 2. Need to indicate a Date of Preparation. 3. Note 5 will need to be completed. 4. The Case History is WZ-02-14 (for the zone change). 5. Please include the ROW as shown on the Quit Claim deed (see note below). 6. Need to adjust the proposed ROW dedication along W. 40`s Avenue to match 5 above. 7. 8. 9. 10. 11. Note: I have included a copy of the signed Quit Claim deed from Craig Molenaar. All Right-of-Way acquisitions must go before the Wheat Ridge City Council for approval prior to recording at the County. The Council will meet on December 9"', and hopefully the approval will occur at that time. As soon as I have the Reception Number for the recorded deed, I will relay that information to you so you may reference it on the plat. PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. SURVEYING REPRESENTATIVE: John S. Lambert, P.L.S. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 14 November 2002 The City of U The Wheat Ridge Department of Planning & Development has received a request for a rezoning and subdivision at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday, December 10, 2002. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-02-14 LOCATION: 6015 W. 40`' Avenue (NW COR of Harlan and 401h) REQUESTED ACTION: Rezoning from Commercial One (C-1) to Residential One-C (R-1 C). This request will also include a two-lot minor subdivision. PURPOSE: To create two single-family residential lots. APPROXIMATE AREA: 12,225 square feet Please describe your ability to service the property, while considering the following: • The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. Any comments that would affect approval of this request by your agency. AJoa~j~ar/i rl'~u+ c. ° ¢ dG s (,Ole . Yssurs ¢or 14~r ~Ia7`a~~ress~4 wr(/)ac;),0e0vrsse.P a s ha•KarttLla r -w✓Lf?~, Please reply to: Travis R. Crane (303.235.2849) Department of Planning and Development Fax: 303-235-2857 Completed by /(oGCcr c 'GJLi=y17, Z/-oL Name, Agency/Department, Date) Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Economic Development 'The Carnation City" NOU-18-2002 09:39 7500 West 29" Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 14 November 2002 The City of P.01 4 The Wheat Ridge Department of Planning & Development has received a request for a rezoning and subdivision at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday. December 10, 2002. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-02-14 LOCATION: 6015 W. 40`" Avenue (NW CDR of Harlan and 40') REQUESTED ACTION: Rezoning from Commercial One (C-1) to Residential One-C (R-1 C). This request will also include a two-lot minor subdivision. PURPOSE: To create two single-family residential lots. APPROXIMATE AREA: 12,225 square feet Please describe your ability to service the property, while considering the following: • The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. 7 • Servicing of this proposed development subject to your rules and regulations. U~✓ • Specific easements that are needed for this proposal- • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2M) Department of Planning and Development Fax: 303-235-2857 Completed by: ~ 4 44 PW (Name, Agency/De artment, Date) DISTRIBUTION: Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Economic Development "The Camation City' TOTAL P.01 7500 West 29m Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 14 November 2002 The City of P The Wheat Ridge Department of Planning & Development has received a request for a rezoning and subdivision at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday, December 10, 2002. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-02-14 LOCATION: 6015 W. 40th Avenue (NW COR of Harlan and 40th) REQUESTED ACTION: Rezoning from Commercial One (C-1) to Residential One-C (R-1 C). This request will also include a two-lot minor subdivision. PURPOSE: To create two single-family residential lots. APPROXIMATE AREA: 12,225 square feet Please describe your ability to service the property, while considering the following: • The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your. rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Department of Planning and Development Fax: 303-235-2857 Completed by: L.C-'o.F(:at_ W4- ' jIIi.02 (Name, Agency/Department, Date) Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Economic Development `The Carnation City" . 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 DATE: 14 November 2002 The City of P The Wheat Ridge Department of Planning & Development has received a request for a rezoning and subdivision at the property described below. Your response to the following questions and any comments you may have regarding this proposal would be appreciated by Tuesday, December 10, 2002. No response from you by this date will constitute having no objections or concerns regarding this proposal. CASE NO.: WZ-02-14 LOCATION: 6015 W. 40`h Avenue (NW COR of Harlan and 40`h) REQUESTED ACTION: Rezoning from Commercial One (C-1) to Residential One-C (RAC). This request will also include a two-lot minor subdivision. PURPOSE: To create two single-family residential lots. APPROXIMATE AREA: 12,225 square feet Please describe your ability to service the property, while considering the following: • The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • Will any service lines need to be extended to accommodate development? • The adequacy of capacities to serve the development. • Servicing of this proposed development subject to your rules and regulations. • Specific easements that are needed for this proposal. • Any comments that would affect approval of this request by your agency. Please reply to: Travis R. Crane (303.235.2849) Department of Planning and Development Fax: 303-235-2857 DISTRIBUTION: Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools Completed b . ! I J a e, AgencylDepart ent, Date) lC(zz/° JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division Wheat Ridge Building Division Wheat Ridge Economic Development `The Carnation City" DRAFT CITY OF WHEAT RIDGE PARKS & RECREATION COMMISSION MEETING November 20, 2002 The meeting was called.to order at 7:00 p.m. by Chair Coates. Commissioners present: Mary Margaret Coates, Marion Garramone, Bunny Gordon, Jack Rose, Floyd Sasa, Jean Schilling, Susan Seeds. Commissioners Absent: Charles Spielman. Staff present: Joyce Manwaring, Parks Director; Ann Lazzeri, Secretary ITEM 1 - DETERMINATION OF QUORUM Chair Coates declared a quorum present. ITEM 2 - APPROVAL OF MINUTF,S FROM Octoher 16, 2002 - It was moved by Jack Rose and seconded by Floyd Sasa to approve the minutes of October 16, 2002, as presented. The motion passed unanimously. ITEM 3 - INTRODUCTION OF GUESTS - There were no guests. The Commissioners reviewed the park naming process and policy. Comments were made that there didn't seem to be reason to change the policy. Susan Seeds suggested that staff keep a running list of park naming ideas received by the city. Further, it might be a good idea to have a booth at the Carnation Festival to receive input for possible park names. Also, when consideration for a park name comes up, suggestions could be requested at First Monday meetings. ITEM 5 - 2003 BUDGET - Joyce Manwaring stated that, since the sales tax issue was defeated, it has become necessary for the city to make several budget cuts. The Parks and Recreation Department will probably be affected in areas such as Performance in the Parks, flower plantings, parks maintenance and parks construction, street tree plantings as well as other areas. Personnel layoffs will also be proposed as well as an increase in some fees. Suggestions were made that volunteers could help maintain flower beds, etc. Joyce commented that this would be nice but wanted the Commission to be aware she doesn't have the staff to coordinate large-scale volunteer projects. Suggestions were also made that the annual Boards and Commissions Dinner could be a potluck rather than having it catered. Parks & Recreation Commission Meeting November 20, 2002 Page 1 DRAFT Joyce Manwaring presented three items that require comment from the Parks and Recreation Commission. Best Friends Kennel on 44th is planning to expand toward the greenbelt. It was moved by Susan Seeds and seconded by Bunny Gordon that the Parks Commission recommend to City Council that a buffer between the business and the greenbelt be aesthetically pleasing and that there not be an access to the greenbelt through the business. The motion passed unanimously. Minor Subdivision on Harlan between 38th and 41St. It was moved by Bunny Gordon and seconded by Jack Rose to forward a recommendation to Planning Commission for a contribution of cash in lieu of land dedication for the minor subdivision on Harlan between 38th and 41St Avenues. The motion passed unanimously. Skyline Estates Subdivision. It was moved by Bunny Gordon and seconded by Floyd Sasa to forward a recommendation to Planning Commission for a contribution of cash in lieu of land dedication for the Skyline Estates Subdivision. The motion passed unanimously. Fire Management Plan Review - January Meeting December Meeting - It was moved by Marion Garramone and seconded by Floyd Sasa to cancel the December meeting with the provision that, should something urgent arise, a meeting would be called. The motion passed unanimously. Susan Seeds requested to see a list of plantings planned for the Davis property. Joyce Manwaring will provide this list. Davis property is 80% complete. The apartments will install a wrought iron fence to the west which will open up the view from the apartments as well as from Jay Street. The city contributed some money toward the fence. The city is working with Christopher House nursing home on the north in regard to creating an access into the park. Planting will take place in the spring. Staff is still looking into nontraditional playground equipment. 44th and Kendall design process is now budgeted for 2004. Parks & Recreation Commission Meeting November 20, 2002 Page 2 DRAFT The Open Space Management Plan is now available on CD. CD's were distributed to members of the Commission. Manwaring field is progressing and one field should be playable next year. City Council is no longer requiring monthly reports and Joyce Manwaring asked if the Commission members would still like to receive them. There was a consensus that the Commission would like to continue receiving a monthly report giving highlights of Parks and Recreation Department activity. There are four active property acquisitions: property west of 44`h and Kendall; two properties directly south of the Recreation center and the Arvex property. Tabor Lake fence project should occur this year. City Council approved applying for a joint venture grant for trail replacement. ITEM 9 - COMMISSION CONCERNS Susan Seeds reported that her husband and a neighbor reported seeing a bald eagle at Tabor Lake. A neighbor also asked Susan what happened to the tree on the island in Tabor Lake. Joyce Manwaring will look into this. Several people in Susan's Pilate class asked about the availability of a piece of equipment used in this class called the reformer. Joyce Manwaring stated that she didn't think the city owns the reformer but that it is owned by the Pilate instructors who contract with the city. Joyce will have the fitness instructor write up an explanation regarding this matter. Joyce Manwaring asked Commissioners to encourage people to fill out comment cards if they have a comment about the Recreation Center. Runny (rordon suggested that the city may consider a trail sign system that she saw when she was in California where trail rules were stenciled in bright green directly on the asphalt trail. Bunny reported that she has been approached by a citizen who would like to have her deceased husband's name carved on a fallen tree in the greenbelt as a memorial. Joyce Manwaring stated that while she appreciated the sentimentality behind this request, the open space management plan must be followed. Joyce will look this up in the management plan and report back. She mentioned that there is a memorial tree planting program; however, there could not be a plaque to accompany the tree. / Parks & Recreation Commission Meeting November 20, 2002 Page 3 DRAFT Marv Margaret Coates commented that there was an informative article on dog parks in the Rocky Mountain News. Other members reported seeing a segment regarding dog parks on Channel 9 News. It was moved by Jack Rose and seconded by Bunny Gordon to adjourn the meeting at 8:22 p.m. Parks & Recreation Commission Meeting November 20, 2002 Page 4 aF WHEgJ LAND USE CASE PROCESSING APPLICATION of WHEq,P am Planning and Development Department g 7500 West 29' Avenue, Wheat Ridge, CO 80033 c o Phone (303) 235-2846 coLORAO° OLORAa (Please print or type all information) Applicant l_'VlaieA M<5ier234r Address IM-lb '~A/ 4-74-i Ave, Phone3,(8-42 -Sg66 City' / tept n:(tCO State ff(•) Zip `0q7-- 44U Fax Owner Address Phone J City State Zip Fax Contact c MPi Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): AYe Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval X Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment ❑ Other: Detailed description of request: Required information: Assessors Parcel Number: 1533?I / Size of Lot (acres or square footage): Current Zoning: C-(~ Proposed Zoning:] C Current Use: V ?C3rt t (-C)t Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant i ~ Subs sc i@ e this day of N oVeykL W, 20 O 2 dc. ~OTq~'Y Rotary Public Nom. pUBI ~G My commission expires ~ ~ • ~ ~ OF C04 Date received_ / 0 9 Fee $ jr lpt No. 15-10 ~Z Case Comp Plan Desig. Zoning G Quarter Section Map GtJa Related Case No. Pre-App Mtg. Dated 0.0- Case Manager C? C~ 0 o a n tc m-i lu O O cl Lo C. M aW ~o CIO= ~co tinort m W Y7 0 ~i E.': LU ~ o-Wi 0 W = U O =Cu Ur' cc: am ED E7 w\¢W WnuiG Toa o~ ~t>~~~ o~. d r~ .N y t e 3 .°c E u 'm v o o` 3 h a~ o~ yaco v p r o w M r c ° E d a s a d>; o o - ° E ~ 9 C t` m~ J y H qq v F N en ❑ d H U 0 O ° 3 o a w c a m s a O P4 u W T'O C C E d a" N C h W 4 N w o aw wa a - W Tao gip C° a v E a o o p c U1 'U > T • ° - C a N p°p a 9 fA W N H a m h 0 E 'x O O = c c v a m a° m_ y m c a c z ° y~ u®~- h~ E 3~ y~ a~ ~ •`o m H E V M .3 E ~ a v P4 a z ~ '3 T O o s av c L na ta.. 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T. (~41ne C`t• C,2,(C" -h. (3rof5" ~ V k kO~n i Address or Specific Site Location: Coo t°D W. •4 4o'Lo Hc- . Existing Zoning: G• I Existing Comp. Plan: S~ Applicant/Owner Preliminary Proposal: Swb c\,r i de •c-Io 2 lo'h- rvzc,z S PR•. Il~Ss F•r ~-ivy \O W o b2 4.vz"-. tJJowl c+ 1;Ke k~ t-47. 'ro 9- ' \ L Will a neighborhood meeting need to be held prior to application submittal? 4125 Planning comments: (Zez~ e ~roteSS woald req\i\rc 2 p h\u Yxari C PL Cc-) A S~ dCviSi ~n P\~} wo as Y ez 1 i o ba ~v es5•~1 cone a~re.,~i~( wl reza~ 30` ZzFlo~cl~ s E s; \ai CJs e l jo t lz✓, V ..Jicl{'h ~zt'i~.c-e ..~o~\a ncga -t> lu ~onwrrx,~1 Fz.t,c, ,k..,rF ham-. P~DCes~\ `2, _ carra;r 1.e-Fs•.~. PulLtzf.d aea ~ r yet ~a Public Works comments: Pons;b\e ~zd a. 4' s;ae,~,r~lK ~otitd • S~nce \kat~~.i. \S o YtNJ~re j D~ ray dWt-M -wNk3^.,t- SS rv k ' bc i. ar.5j~, c~a a~ d b Cti~\S raju,r~a i 1~1 8Y ft& Acoss On 40b^ o,k4 < 7" I Z4 CA I~A. ~-l`'~'• ~ requ~~ct a, ~rr 40~-\ Sh ee-(' 1m~ro.r......~.is~ Craig F. Molenaar 7395 W. 47th Avenue Wheat Ridge, CO 80033 July 1, 2002 City of Wheat Ridge 7500 W. 29" Avenue Wheat Ridge CO 80212-6713 Re: Rezoning application Dear Community Development Department, I currently have a contract to purchase the property at 6015 W. 49* Ave. Enclosed is an existing survey. I would propose to change the zoning from a commercial status to a type of residential zoning where the property could be subdivided into two single family residences. Thank you for your consideration of this matter. Sincerely, ~J Craig F. Molenaar Enc: 1 I N uts -\1 1 3935 s . .1 ~l 51 21 R R OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENTOF PLANNING AND DEVELOPMENT NW 25 PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE - * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) g $ MS BStt. -1 R-C m m ~ N g q R W W42NDAVE gg Q 7 S g R $ A uE $ $ s x au t$ g L ~ 8m. R S ~ a = a rjJSN - UB UB R m ` N i W N i R ~ ~ •S g g $ ao; a9 y sass sass 30x5 ~ H $ R N m s y ~ 0 W 30TH PL RT SU a 3911 W 39TH AVE 3S g D) xa5 y R N 3ei5 U 3855 $ R d i m g 41 ml $ . r SW 24 O 100 200 ~co ro0 e.A MAP ADOPTED: June 15, 1994. Last Revision: September 10, 2( NW24 51 91 91 11 1 M RI RI pi 91 31 MF Pi Di ni l1 L'4 fin F&nHS IUU rnn nu, auacacuaia PPS` Survey #4807 pldeu FR 0272 Office MAm 4774 ~p©Sf (),,~Lee M. Robinson & Aaso sates Dp'W,A Zt x e 10' 163, 3d -~-t to °F' f~f 5. t, 0 few 30, W. 40th Ave. 2? De f. O STEEL PINS SUMMON A C0NS7RU=0N SURVEYS 22 11Q West 13th Avenue Denver, Colorado rd L! f 17 CE&TIMATIO11 i This is to certify that on this-.1st day of October, 19$3, I made a survey of that part of the North 1-of -the Northeast of the. Southeast 1 of the Southwest ` of Section 24, Town- ship 3 South, Range 69 West described as follows: Beginning st the Southeast corner of the above described tract thence due North 75; feet to a point, thence'at right angles due West 297 feet to a point, thence at right angles due South 75 feet to a point, thence at right angles due East 297 feet to the point of beginning, County of Jefferson, State of Colo- rado and net steel pins at property corners as shown on this . plat. Registered L d Surveyor J'`•