HomeMy WebLinkAboutRex Haag (Midwest Builders)
CITY
OF
WHEAT
RIDGE
-
MEMORA. AGENDA ITEM..
??
OCT 24 1988
FROM:
Wanda Sang, City Clerk
, -'->
Glen Gidley, Director
./ "
of Planning and Development
TO:
RE:
Annexation Petition - Rex Haag (Midwest Builders)
DATE:
October 5, 1988
I have received the attached Petition for Annexation from Rex Haig for
property located along the south side of West 32nd Avenue, just west6
of 1-70. I have also attached copies of information provided me by
John Hayes, which outline the annexation process requirements and
model forms, resolutions, etc. A copy of the annexation map is also
attached.
Please carry through with those requirements of notice and hearings as
set forth by Statute, as detailed herein. A rezoning case will be
initiated through Planning Commission, with final hearing at Council
after the annexation hearing.
If it fits the Council agenda schedule, I would recommend the
following Council action dates:
llk
October 2$: Referral of Petition and supporting documents
November 28:
Public Hearing on annexation ordinance
The area proposed for annexation is inCluded within the following
special districts:
Sanitation:
Northwest Lakewood Sanitation Dist.
2680 Youngfield
Lakewood, CO 80215
Water:
Consolidated Mutual Water Dist.
12700 West 27th Ave.
Lakewood, CO 80215
Schools:
Jefferson County R-1 School Dist.
1829 Denver West Drive, Bldg. 27
Golden, CO 80401
Fire:
Lakewood Fire Protection Dist.
1545 Robb Street
Lakewood, CO 80215
Parks:
Prospect Recreation District
4198 Xenon
Wheat Ridge, CO 80033
Drainage:
Urban Drainage & Flood Control Dist.
2480 West 26th Ave., Suite 156B
Denver, CO 80211
Wanda Sang, City Clerk
October 5, 198
Page 2
Transit:
Regional Transportation District
TSM Division
1600 Blake street
Denver, CO 80202
Electric & Gas:
Public Service Company of Colorado
1123 West 3rd Avenue
Denver, CO 80204
Attn: Rod Yeager
Telephone:
Mountain Bell
1005 - 17th Street, Room 250
Denver, CO 80202
In addition to the above, the County Clerk and the County Attorney are
required to be notified of the proposed annexation, by registered
mail, at least 25 days prior to the scheduled hearing date.
i
\.
f
AFFIDAVIT OF PETITION CIRCULATOR
The undersigned affiant hereby swears or affirms:
1. My name is Leland E. Gillan
and my address is 5126 \.1. 38th Ave., Denver, Co. 80212
2. I circulated the original of the attached copy of a
Petition for Annexation and collected the signatures shown
thereon.
3. Each signature found on the original of the attached
copy of the Petition for Annexation is the signature of the
person whose name it purports to be.
Further affiant saith not.
------,
_./i:;~:~/ .'S~f1(
Name of Circulator
.:;-- /( -- - '?,y-
(Date)
Subscribed and sworn to before me this
/, ,~-r:;;t)-'_L--- , 1 9 8 3' .
5
day of
My commission expires:
1- :2 0 - q I
1
J), f:ULJCuc.zl '=~<-) /'1--0
Notary Public ,J
~~0:~Z~~ >,
"-~ \
c,
~..., I
-..,,:: .~:.c;,:,.~:.... ,,'-
;/
PETITION FOR ANNEXATION
THE UNDERSIGNED, BEING ONE HUNDRED PERCENT OF THE OWNERS OF THE REAL
PROPERTY DESCRIBED HEREIN AND PURSUANT TO C.R.S. S31-12-107 (II. DO
HEREBY PETITION THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO.
TO ANNEX THE REAL PROPERTY DESCRIBED IN EXHIBIT A. WHICH IS ATTACHED
HERETO AND EXPRESSLY INCORPORATED HEREIN. INTO THE CITY OF WHEAT RIDGE
AFTER COMPLIANCE WITH ALL NOTICE AND HEARING REOUIREMENTS PRESCRIBED BY
STATUTE, AND AS GROUNDS THEREFOR STATE AS FOLLOWS:
1. IT IS BOTH DESIRABLE AND NECESSARY THAT SUCH AREA AS OWNED BY
THE UNDERSIGNED AND DESCRIBED IN AGGREGATE AND BY INDIVIDUAL OWNERSHIP
IN EXHIBIT A BE ANNEXED TO THE CITY OF WHEAT RIDGE.
2. THE AREA PROPOSED TO BE ANNEXED MEETS ALL APPLICABLE STATUTORY
PREREOUISITES INCLUDING:
ea) NOT LESS THAN ONE-SIXTH OF THE PERIMETER OF THE AREA
PROPOSED TO BE ANNEXED IS CONTIGUOUS WITH THE CITY OF WHEAT RIDGE;
(bl A COMMUNITY OF INTEREST EXISTS BETWEEN THE AREA PROPOSED
TO BE ANNEXED AND THE CITY; AND
eCl NONE OF THE SPECIFIC LIMITATIONS SET FORTH IN C.R.S 5S31-
12-104 AND -105 ARE APPLICABLE TO THE PROPERTIES SET FORTH IN EXHIBIT
A.
3. THE SIGNERS OF THIS PETITION FOR ANNEXATION COMPRISE THE
LANDOWNERS OF ONE HUNDRED PERCENT OF THE TERRITORY INCLUDED IN THE AREA
PROPOSED TO BE ANNEXED. EXCLUSIVE OF STREETS AND ALLEYS.
4.
MAY HAVE
PROPOSED
RECORDED
RECORDER
THE UNDERSIGNED HEREBY WAIVE ANY VESTED PROPERTY RIGHTS THEY
UNDER STATE LAW WITHIN THE AREA TO BE ANNEXED. IF THE
ANNEXATION IS APPROVED. THIS PETITION FOR ANNEXATION MAY BE
BY THE CITY IN THE REAL PROPERTY RECORDS OF THE CLERK AND
OF JEFFERSON COUNTY AS EVIDENCE OF THIS WAIVER.
=.. NO SIGNATURE ON THIS PETITION IS VALID IF IT IS DATED MORE
THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE FILING OF THIS
PETITION WITH THE CITY CLERK.
6. NO PERSONS SIGNING THIS PETITION SHALL BE PERMITTED TO
WITHDRAW HIS OR HER SIGNATURE AFTER THE PETITION HAS BEEN FILED WITH
THE CITY CLERK.
7. THE UNDERSIGNED HAVE COMPLIED WITH ALL REOUIREMENTS OF C.R.5.
S31-12-107 (II IN PREPARATION, EXECUTION AND SUBMISSION OF THIS
PETITION FOR ANNEXATION.
WHEREFORE, THE UNDERSIGNED REQUEST THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE TO:
(a) APPROVE THE ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED AS
DESCRIBED IN EXHIBIT A;
lb) ACCEPT THE WITHIN PETITION FOR ANNEXATION:
Ie) SET. PROVIDE FOR NOTICE AND PUBLICATION OF, AND THEREAFTER
HOLD ALL REQUIRED PUBLIC HEARINGS RELATING TO THIS REQUESTED
ANNEXATION; AND
(d) DO ALL ACTS REQUIRED BY ~,TATUTE AND LAW TO ANNEX THE
PROPERTIES DESCRIBED IN EXHIBIT A INTO THE CITY OF WHEAT RIDGE.
tL SHOULD THE ZONING AND SUBDIVISION PLAT AS~;OCI ATED WITH THE
OWNERS LAND WITHIN THIS ANNEXATION BE DENIED BY THE CITY OF WHEAT
RIDGE, AT THE PETITIONERS OPTION, THE ANNEXATION BECOMES NULL AND VOID.
, I -/. ,/,",/.?- ~+
j/h' Lel::~: X_o// p .t: 'v _/-//..,
it:' l' ' . / .r -, C .-'C 51'--
...." v IJ( ~ J ) / Y-.- " 1 ) , -:.., 7'"0-, / ~ L. -
-'-I----r---------=--J.--.I"-".c- -, --- _,___~_J__"__ L_
OW~ER .~ DATE
Midwest Builders, Inc
By Rex Haag, President 9-29-88
TYPED NM1E
11658 W 40th Cir
ADDRESS
Wheatridge, CO 80033
SUBSCRIBED AND SWORN TO BEFORE ME THIS
198L_
'C4
A,
DA Y OF ____~~:_:;'?-:::..~-:~~:.":...-=---,
"
/1
/: _.... . / '? I (.,) c" ')
___~~L~_~~~J____~__________
"
c;-
,./ , ,/ " / c:-- r-: '->--~
'~~~~:'~(V c;/ .;~ _ 0/-~
__________ -- - __--L~;../.<__- _ _ ___ ;l------ ______
NOTARY PUBLIC /
",,,nl'If,,,,,,
~" !,\O E G. ~~"
~" ~,,~_....../l/ :-.......
.:- ,,"v..- ..::-v...... '"
j l \\OTAR,,"':- '\
= : f. :
=*. ..- :.....=
= : ~:
:. . . c
.~ t.;:-.. ,ollBL\t. l.s>i
~'-' ..~,,~
".,r l"~"'._'''.'<"J<?:-V;.-l-~
"">'" OF en\,.: \\\\",
1'1,,,,,,,,,,1'\\
MY COMMISSION EXPIRES:
HAYES & PHILLIPS, P.c.
Attorneys at Law
Suite 450. The Market Center
1350 Seventeenth Street
Denver, Colorado 80202-1517
(303) 825-6444
John E Hayes
Herbert C Phillips
Victoria M Bunsen
James S Ma,oney
Paul Goclee
Of Counsel.
Harvey W. Curtis
'ltar L Waring
PROCEDURE FOR ANNEXATION
OF PROPERTY PURSUANT
TO PETITION
This procedure outlines the steps necessary to complete an
annexation that has been initiated by the filing of a petition by
100% of the landowners within the area to be annexed. It does
not apply to related situations such as the filing of a petition
for annexation election or annexation initiated by the City. For
further details, consult the City Attorney and Part 1, Article
12, Title 31 of the Colorado Revised Statutes (which have been
amended in 1987 by Senate Bill No. 45).
Forms attached include:
1. Petition for Annexation
2. Affidavit of petition circulator,
3. Resolution finding petition for annexation not in
compliance with the law,
4. Resolution finding petition for annexation in
compliance with the law and setting a public hearing.
5. Notice to be published,
6. Resolution setting forth findings and conclusions from
public hearing, and
7 Annexation ordinance.
I. Filing Petition for Annexation
A. City Clerk ensures that:
1. All signatures are dated 180 days or less before
the date of filing. C.R.S. ~31-12-107(1)(e). /
2. Four copies of the annexation map are attached. ~
C.R.S. ~31-12-107(1l (d).
3. The affidavit of the circulator is attached.
C.R.S. ~31-12-107(l)(c)(IX).
B. City Clerk refers the petition to the City Council as a
communication. C.R.S. ~31-12-107(1)(f).
C. Signatures shall be deemed sufficient unless an owner
in fee of an undivided interest in the same area of
land objects in writing to the City Council within 14
days after the filing of the petition. C.R.S.
~31-12-107 (7) .
II. Action by City Council
A. City Council, without "undue" delay, must determine
whether the petition is in compliance with C.R.S.
531-12-107 (l) .
B. If it is not in compliance, the Council must make this
finding by a resolution.
C. If the petition is in compliance, the City Council must
adopt a resolution:
l. Finding the petition is in substantial compliance
with C.R.S. 531-12-107(1),
ii. Finding that no election for annexation has been
held within the last twelve months for the same or
substantially the same area, and
iii. Establishing a date, time, and place for a hearing
to determine whether the proposed annexation
complies with C.R.S. 5~31-12-104 and -105. The
date must be 30 to 60 days after the effective
date of the resolution. A hearing need not be
held if it is determined conclusively that the
requirements of sections -104 and -105 have not
been met.
III. Notice Requirements
A. The City Clerk must publish a notice once a week for
four successive weeks. The first publication must be
at least 30 days prior to the date of the hearing.
Proof of publication should be kept for entry into the
record at the hearing.
B. The publiShed notice must contain a copy of the
petition as filed (excluding signatures) together with
a notice that, on the given date and at the given time
and place, the City Council shall hold a hearing upon
the petition for the purpose of determining and finding
whether the area proposed to be annexed meets the
2
applicable requirements of sections 31-12-104 and
31-12-105 and is considered eligible for annexation.
C. The City Clerk must send, by registered mail, at least
twenty-five days prior to the date of the hearing, a
copy of the published notice, the resolution and the
petition as filed to the:
1. County clerk,
2. County attorney,
3. Any school district having territory within the
area to be annexed, and
4. Any special district having territory within the
area to be annexed.
C.R.S. ~31-12-108(2).
IV. Preparation for hearing
A. Unless the area to be annexed is less than ten acres in
total area or unless the county has waived this
requirement,an annexation impact report must be
prepared. The details of what this contains are found
in C.R.S. ~31-12-108.5.
B. The annexation impact report must be prepared at least
twenty-five days prior to the hearing and must be filed
with the board of county commissioners at least twenty
days before the hearing.
V. Hearing
A. The proceedings must be recorded.
B. Any person may appear and present evidence upon any
matter to be determined by the city.
C. The City Council must adopt a resolution setting forth
its findings of .f--at an?_ its conclusion based thereon
with reference to:'--~
1. Whether or not the requirements of the applicable
parts of sections 31-12-104 and -105 have been met,
2. That an election is not required under section
31-12-107 (2) ,
3. Whether any additional terms and conditions are to
be imposed.
3
D. If the resolution finds that the requirements are met
and no election is required, and also that no
additional terms and conditions are to be imposed, the
City Council may annex the area by ordinance.
VI. Effective date; required filings
A. The annexation shall be effective on the effective date
of the annexing ordinance and after the certified
copies have been recorded (see C below).
B. The Clerk must keep on file a copy of the annexation
map and the original of the annexing ordinance.
C. Two certified copies of the ordinance and map
(containing a legal description) must be recorded with
the county).
D. The annexation is effective for the purpose of general
taxation on the ensuing January 1.
C.R.S. ~31-12-113.
VII. Zoning and Subdivision
A. zoning procedures may be initiated any time after the
resolution is adopted finding the petition for
annexation to be valid.
B. The proposed zoning ordinance may not be passed on
final reading prior to the date when the annexation
ordinance is passed on final reading.
C. The same rules apply to subdivisions.
C.R.S. ~3l-l2-115.
4
Instructions for Petition for Annexation
The following instructions must be followed or your petition
for annexation may be declared invalid.
1. You may not have petitioned for annexation to any other
municipality at the same time as you are petitioning the City of
Wheat Ridge.
2. If the proposed annexation would result in the
detachment of the area from one school district and attachment to
another, you must attach a resolution fr~n the board of directcrs
of the attaching school district which approves the annexation.
3. The area proposed to be annexed must include the entire
width of any streets or alleys that are proposed to be included.
4. The proposed annexation must not have the effect of
extending the City's boundaries more than three (3) miles unless
the provisions of C.R.S. ~31-l2-105(1)(e) have been satisfied.
5. You must provide four (4) copies of an annexation map
containing the following information:
(I) A written legal description of the boundaries of the
area proposed to be annexed;
(II)
annexed;
A map showing the boundary of the area proposed to be
(III) within the annexation boundary map, a showing of the
location of each ownership tract in unplatted land and, if part
or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks;
(IV) Next to the boundary of the area proposed to be
annexed, a drawing of the contiguous boundary of the annexing
municipality and the contiguous boundary of any other
municipality abutting the area proposed to be annexed.
5
NOTICE OF PROPOSED ANNEXATION
On , 198_, at p.m., at
, Wheat Ridge,
Colorado, the City Council of the City of Wheat Ridge will hold a
hearing upon the petition for annexation set forth below for the
purpose of determining and finding whether the area proposed to
be annexed meets the applicable requirements of sections
31-12-104 and 31-12-105 of the Colorado Revised statutes and is
considered eligible for annexation.
PETITION FOR ANNEXATION
THE UNDERSIGNED, being one hundred percent of the owners of
the real property described herein and pursuant to C.R.S.
~3l-12-107(l), do hereby petition the City Council of the City of
Wheat Ridge, Colorado, to annex the real property described in
Exhibit A, which is attached hereto and expressly incorporated
herein, into the City of Wheat Ridge after compliance with all
notice and hearing requirements prescribed by statute, and as
grounds therefor state as follows:
1. It is both desirable and necessary that such area as
owned by the undersigned and described in aggregate and by
individual ownership in Exhibit A be annexed to the City of Wheat
Ridge.
2. The area proposed to be annexed meets all applicable
statutory prerequisites including:
(a)
area proposed
Ridge;
Not less than one-sixth of the perimeter of the
to be annexed is contiguous with the City of Wheat
(b) A community of interest exists between the area
proposed to be annexed and the City; and
(c) None of the specific limitations set forth in
C.R.S. ~~31-l2-l04 and -105 are applicable to the properties set
forth in Exhibit A.
3. The signers of this Petition for Annexation comprise
the landowners of one hundred percent of the Territory included
in the area proposed to be annexed, exclusive of streets and
alleys.
4. The undersigned hereby waive any vested property rights
they may have under state law within the area to be annexed. If
the proposed annexation is approved, this Petition for Annexation
may be recorded by the City in the real property records of the
Clerk and Recorder of Jefferson County as evidence of this
waiver.
5. No signature on this petition is valid if it is dated
more than one hundred eighty days prior to the date of the filing
of this petition with the City Clerk.
6.
withdraw
with the
No person signing this petition shall be permitted to
his or her signature after the petition has been filed
City Clerk.
7. The undersigned have complied with all requirements of
C.R.S. ~31-12-107(1) in preparation, execution and submission of
this Petition for Annexation.
WHEREFORE, the undersigned request the City Council of the
city of Wheat Ridge to:
(a) approve the annexation of the area proposed to be
annexed as described in Exhibit A;
(b) accept the within Petition for Annexation;
(c) set, provide for notice and publication of, and
thereafter hold all required public hearings relating to this
requested annexation; and
(d) do all acts required by statute and law to annex the
properties described in Exhibit A into the City of Wheat Ridge.
ss: Wanda Sang, City Clerk
2
RESOLUTION NO.
Series of 1988
TITLE:
A RESOLUTION TO SET A HEARING ON A PETITION FOR
ANNEXATION.
IT IS HEREBY RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit
1 was filed with the City Clerk and referred to the City Council
for action.
2. The Petition for Annexation is in substantial
compliance with C.R.S. 931-12-107(1).
3. No election for annexation has been held within the
last twelve months for the same or substantially the same area.
4. A hearing shall be held at:
date time
place
to determine whether the proposed annexation complies with C.R.S.SS
31-12-104 and -105.
5. The City Clerk is hereby directed to arrange for
appropriate and timely notices to be published pursuant to C.R.S.
531-12-108(2).
DONE AND RESOLVED this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
Wanda Sang, City Clerk
RESOLUTION NO.
Series of 1988
TITLE:
A RESOLUTION TO TAKE NO ACTION ON A PETITION FOR
ANNEXATION.
IT IS HEREBY RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit
1 was filed with the City Clerk and referred to the City Council
for action.
2. The Petition for Annexation is not in substantial
compliance with C.R.S. 531-12-107(1).
3. The City Council is required by state law to take no
further action on the Petition for Annexation.
DONE AND RESOLVED this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
RESOLUTION NO.
Series of 1988
TITLE:
A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, that:
1. Having held a public hearing concerning the Petition for
Annexation attached hereto as Exhibit A and receiving evidence and
testimony from all persons desiring to be heard, the City Council finds:
a. The requirements of the applicable parts of sections 31-12-
104 and -105 of the Colorado Revised Statutes have been satisfied,
b. An election is not required under section 31-12-107(2) of
the Colorado Revised statutes, and
c. No additional terms and conditions need be imposed upon the
proposed annexation.
2. Therefore, the City Council finds that the area that is the
subject of the Petition for Annexation is eligible for annexation, said
land being legally described as follows:
A portion of land located in the Northwest 1/4 of the Southwest 1/4 of
Section 29, township 3 south, range 69 west of the 6th P.M., County of
Jefferson, State of Colorado, described as follows:
Commencing at the center of said section 29; thence S 89043'30" W, along
the north line of the southwest 1/4 of said section 29, 1322.49 feet;
thence S 00035'32" E along the east line of the northwest 1/4 of the
southwest 1/4 of said section 29, 60.00 feet to the point of beginning;
thence S 89043'30" W parallel to the north line of the southwest 1/4 of
said section 29, 687.46 feet; thence S 00036'56" E along the west side of
Zinnia street, 541.98 feet; thence on a curve to the left with a chord
bearing of S 85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south side of
west 31st Avenue; thence N 89043'30" E along the south side of West 31st
Avenue, 152.27 feet; thence N 07052'00" E along the east side of west 30th
Drive, 50.56 feet thence N 89043'30" E, 453.06 feet; thence N 00035'32" W
along the east line of the northwest 1/4 of the southwest 1/4 of said
section 29, 497.95 feet to the point of beginning, containing 8.1187 acres
more or less.
DONE AND RESOLVED this
day of
,1988.
ATTEST:
DAN WILDE, MAYOR
WANDA SANG, CITY CLERK
INTRODUCED BY COUNCILMEMBER
Ordinance No.
Series of 1988
TITLE:
A BILL FOR AN ORDINANCE ANNEXING CERTAIN PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Annexation. The following described real
property is hereby annexed into the City of Wheat Ridge,
A portion of land located in the Northwest 1/4 of the Southwest
1/4 of Section 29, township 3 south, range 69 west of the 6th
P.M., County of Jefferson, State of Colorado, described as
follows:
Commencing at the center of said section 29; thence S 89043'30"
W, along the north line of the southwest 1/4 of said section 29,
1322.49 feet; thence S 00035'32" E along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 60.00 feet
to the point of beginning; thence S 89043'30" W parallel to the
north line of the southwest 1/4 of said section 29, 687.46 feet;
thence S 00036'56" E along the west side of Zinnia Street, 541.98
feet; thence on a curve to the left with a chord bearing of S
85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south
side of west 31st Avenue; thence N 89043'30" E along the south
side of West 31st Avenue, 152.27 feet; thence N 07052'00" E along
the east side of west 30th Drive, 50.56 feet thence N 89043'30"
E, 453.06 feet; thence N 00035'32" W along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 497.95
feet to the point of beginning, containing 8.1187 acres more or
less.
Section 2. Annexation Map. A map in the form prescribed by
C.R.S.S3l-l2-l07(1)(d) is attached hereto as Exhibit 1.
Section 3. Severability. If any clause, sentence
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Safetv Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general pOlice power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Ordinance No.
Series 1988
Page 2
Section 5. This ordinance shall become effective
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
____ to on this day of , 1988,
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 , 1988, at 7:30
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
1988.
SIGNED by the Mayor on this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY
JOHN E. HAYES, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel:
Effective Date:
;.GENDA ITEM.
J
"'R{)nln"g
I'il 1--\ , "" I ,:.'tl
MEMORANDUM
TO:
City Council
FROM:
Glen Gidley, Director of Planning & Development
RE:
Annexation Petition - fvlidwest Bui.lders at West 32nd and
Zinnia
DATE:
March 20, 1989
There are several specific actions before you relating to this
annexation request.
ACTION #1: After having held a public hearing on the Annexation
Petition, adopt attached Resolution No. 1130 as printed or adopt
after modification, or deny the resolution.
ACTION #2: If Council adopts Resolution No. 1130, then Council
Bill No. 368, the ordinance which approves the annexation, should
be adopted.
ACTION #3: If the annexation ordinance is approved, then
proceed to public hearing of Case WZ-88-18 (Council Bill No. 371,
which is a rezoning request. A separate staff report accompanies
this packet with details of this related request.
The original Council Bill No. 371 is included, however, we have
also included a Replacement Ordinance, which reflects the revised
application by deleting references to C-1 zoning.
ACTION #4: If the rezoning ordinance is approved, then proceed
to public hearing of Case WS-88-1, which is a subdivision
request.
GEG:slw
pcjmemoMidwestBldrs
E-xl-tID A
PETITION FOR ANNEXATION
THE UNDERSIGNED. BEING ONE HUNDRED PERCENT OF THE OWNERS OF THE REAL
PROPERTY DESCRIBED HEREIN AND PURSUANT TO C.R.S. S31-12-107 (1). DO
HEREBY PETITION THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO.
TO ANNEX THE REAL PROPERTY DESCRIBED IN EXHIBIT A. WHICH IS ATTACHED
HERETO AND EXPRESSLY INCORPORATED HEREIN. INTO THE CITY OF WHEAT RIDGE
.~rT"''-' ~r'''p':::PJCE 'PT'~ .'1'.1, ~IOT:!("'7 ,UID HEARING REQUIREMENTS PRESCRIBED BY
STATUTE. AND AS GROUNDS THEREFOR STATE AS FOLLOWS:
1. IT IS BOTH DESIRABLE AND NECESSARY THAT SUCH AREA AS OWNED BY
THE UNDERSIGNED AND DESCRIBED IN AGGREGATE AND BY INDIVIDUAL O'llNERSHIP
IN EXHIBIT A BE ANNEXED TO THE CITY OF WHEAT RIDGE.
2. THE AREA PROPOSED TO BE ANNEXED MEETS ALL APPLICABLE STATUTORY
PREREQUISITES INCLUDING:
(a) NOT LESS THAN ONE-SIXTH OF THE PERIMETER OF THE AREA
PROPOSED TO BE ANNEXED IS CONTIGUOUS WITH THE CITY OF WHEAT RIDGE;
(b) A COMMUNITY OF INTEREST EXISTS BETWEEN THE AREA PROPOSED
TO BE ANNEXED AND THE CITY; AND
(C) NONE OF THE SPECIFIC LIMITATIONS SET FORTH IN C.R.S SS31-
12-104 AND -105 ARE APPLICABLE TO THE PROPERTIES SET FORTH IN EXHIBIT
A.
3. THE SIGNERS OF THIS PETITION FOR ANNEXATION COMPRISE THE
LANDOWNERS OF ONE HUNDRED PERCENT OF THE TERRITORY INCLUDED IN THE AREA
PROPOSED TO BE ANNEXED. EXCLUSIVE OF STREETS AND ALLEYS.
4.
MAY HAVE
PROPOSED
RECORDED
RECORDER
THE UNDERSIGNED HEREBY WAIVE ANY VESTED PROPERTY RIGHTS THEY
UNHER STATE LAW WITHIN THE AREA TO BE ANNEXED. IF THE
ANNEXATION IS APPROVED. THIS PETITION FOR ANNEXATION MAY BE
BY THE CITY IN THE REAL PROPERTY RECORDS OF THE CLERK AND
OF JEFFERSON COUNTY AS EVIDENCE OF THIS WAIVER.
~,. NO SIGNATURE ON THIS PETITION IS VALID IF IT IS DATED tWRE
THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE FILING OF THIS
PETITION WITH THE CITY CLERK.
G. NO PERSONS SIGNING THIS PETITION SHALL BE PERMITTED TO
WITHDRAW HIS OR HER SIGNATURE AFTER THE PETITION HAS BEEN FILED WITH
THE CITY CLERK.
7. THE UNDERSIGNED HAVE COMPLIED WITH ALL REQUIREMENTS OF C.R.S.
S31-12-107 (1) IN PREPARATION. EXECUTION AND SUBMISSION OF THIS
PETITION FOR ANNEXATION.
VHEREFORE, THE UNDERSIGNED REQUEST THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE TO:
(a) APPROVE THE ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED AS
DESCRIBED IN EXHIBIT A,
(b) ACCEPT THE WITHIN PETITION FOR ANNEXATION,
(c) SET, PROVIDE FOR NOTICE AND PUBLICATION OF, AND THEREAFTER
HOLD ALL REQUIRED PUBLIC HEARINGS RELATING TO THIS REQUESTED
ANNEXATION, AND
(d) DO ALL ACTS REQUIRED BY STATUTE AND LAW TO ANNEX THE
PROPERTIES DESCRIBED IN EXHIBIT A INTO THE CITY OF WHEAT RIDGE.
8. PETITIONER INTEND TO SUBMIT A REQUEST FOR REZONING AND
SUBIIlVISION PLAT APPROVAL UPON THE PROPERTY SOUGHT TO BE ANNEXED
HEREBY. PETITIONER RESPECTFULLY REQUEST THAT THE EFFECTIVE DATE OF ANY
ORDINANCE APPROVING THE ANNE..~ATION REQUESTED HEREBY BE AFTER THE DATE
OF DECISION RELATING TO SAID REZONING AND SUBDIVISION APPLICATION.
PETITIONER FURTHER RESPECTFULLY REQUESTS THAT, IN THE EVENT SAID
APPLICATION FOR REZONING AND SUBDIVISION APPROVAL BE ACTED UPON IN A
WAY OR MANNER NOT ACCEPTABLE TO PETITIONER, THAT PETITIONER BE ALLOWED
TO WITHDRAW THIS PETITION FOR ANNEXATION, AND THAT ANY ORDINANCE
APPROVING THE ANNEXATION BE THEREAFTER REPEALED.
1f~.:.1Z-~-f~~-_L_~~____l~_:L~:!~ ?
;tIWNER c; DA TE
Rex Haag, President
-----------------------------------
TYPED NAME
11658 W 40th Ci r
-----------------------------------
ADDRESS
Wheatridge, CO 80033
-----------------------------------
SUBSCRIBED AND SWORN TO BEFORE ME THIS ___~__ DAY OF _f2~.,~:.___________,
198$__.
MY COMMISSION EXPIRES:
____~:~_~~~_f~?__________
~~//'" / D_(~-'
~L?L~t;-_-_--------
NOTARY PUBLIC
.0'1". ~~l ~.t lla,~
,...,t10 l'..\ 0 c'. /"),.r..,.,
, ~\... ~ v'/ "
..,' <2:J_~,,~c..o(J~ <~ -:.
........ 'V ,,~. ~.. 1f,,':;.
~ l \'~"J T '~i'{ "'"~ ~
f i # ~ ";
~. J 0 4 ""'Ir
~,..\: .-.... :}~~
~ ~ ~ ~
~'. 0'.. IbOBl\~ l..~~
..~ ~ "0' .e fI .,.-;
..'. .;(].. q. ." ...,......
... , J"'c- ...... ...\~~... .",,'
~"'; -<: 0 ~ t' Q \. \; ,..,~.,
11'( r h 1.'\'
""'J.!,..~t,~\-.
-......
!-.J
RESOLUTION NO. 1130
Series of 1989
TITLE:
A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, that:
1. Having held a public hearing concerning the Petition for
Annexation attached hereto as Exhibit A and receiving evidence and
testimony from all persons desiring to be heard, the City Council finds:
a. The requirements of the applicable parts of sections 31-12-
104 and -105 of the Cclc~ado Revised statutes have been satisfied,
b. An election is not required under section 31-12-107(2) of
the Colorado Revised statutes, and
c. No additional terms and conditions need be imposed upon the
proposed annexation.
2. Therefore, the City Council finds that the area that is the
subject of the Petition for Annexation is eligible for annexation, said
land being legally described as follows:
A portion of land located in the Northwest 1/4 of the Southwest 1/4 of
Section 29, township 3 south, range 69 west of the 6th P.M., County of
Jefferson, State of Colorado, described as follows:
Commencing at the center of said section 29; thence S 89043'30" W, along
the north line of the southwest 1/4 of said section 29, 1322.49 feet;
thence S 00035'32" E along the east line of the northwest 1/4 of the
southwest 1/4 of said section 29, 60.00 feet to the point of beginning;
thence S 89043'30" W parallel to the north line of the southwest 1/4 of
said section 29, 687.46 feet; thence S 00036'56" E along the west side of
Zinnia Street, 541.98 feet; thence on a curve to the left with a chord
bearing of S 85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south side of
west 31st Avenue; thence N 89043'30" E along the south side of West 31st
Avenue, 152.27 feet; thence N 07052'00" E along the east side of west 30th
Drive, 50.56 feet thence N 89043'30" E, 453.06 feet; thence N 00035'32" W
along the east line of the northwest 1/4 of the southwest 1/4 of said
section 29, 497.95 feet to the point of beginning, containing 8.1187 acres
more or less.
day of
,1989.
DONE AND RESOLVED this
ATTEST:
DAN WILDE, MAYOR
WANDA SANG, CITY CLERK
., <<
~ . f
-:Fl--
-4.:
j I
" II
)\j
,
,,;-0' ....
_~ r
DII --------.... I I
---<J
ANNEXATION AREA ~\\ \ \ \-
I
REZONE/SUBDIVISION AREA 7 / /1 / "
- /, I/,
I P !
;0
;<
'", '
/ I f /
.'" 28TH AVE
II /
II /
/ /
1---__
o
,
~
_ J ~ ,
'~ :
=>
o
~
WZ-88-18
L
- - W 32NO vE
(-I
...; ,
-RC:.;I
WZ.80
R-C
L
f""""'I I
f\-I
'l
l
APLE ---}/! A
GROVE I;;,:
V I LLiJ?i(" ___-.J L___
R-3 BLK / I ~ I
1\//
Jr'
SUP-80- 7
C-j
R-C
i
!
I
I
!BL
SUP-79-1
i
_J l
..:......::,'..:..,...;.'.':.-,',.
I ;;,
L
INTRODUCED BY COUNCILMEMBER
Council Bill 11368
IBBISON
Ordinance No.
Secic;o; of '_?R8
TT'C' -c.
....L...<.L.L.J.
A BILL F0"
] nqDINANCE ANNEXING CERTAIN PROPERT~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Annexation. The following described real
property is hereby annexed into the City of Wheat Ridge,
A portion of land located in the Northwest 1/4 of the Southwest
1/4 of Section 29, township 3 south, range 69 west of the 6th
P.M., County of Jefferson, State of Colorado, described as
follows:
Commencing at the center of said section 29; thence S 89043'30"
W, along the north line of the southwest 1/4 of said section 29,
1322.49 feet; thence S 00035'32" E along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 60.00 feet
to the point of beginning; thence S 89043'30" W parallel to the
north line of the sOllth'dest 1/4 of ,:C;c,~-1 _ ,cticn 29, 687.46 feet;
thence S 00036'56" E along the west side of Zinnia Street, 541.98
feet; thence on a curve to the left with a chord bearing of S
85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south
side of west 31st Avenue; thence N 89043'30" E along the south
side of West 31st Avenue, 152.27 feet; thence N 07052'00" E along
the east side of west 30th Drive, 50.56 feet thence N 89043'30"
E, 453.06 feet; thence N 00035'32" W along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 497.95
feet to the point of beginning, containing 8.1187 acres more or
less.
Section 2. Annexation Map. A map in the form prescribed by
C.R.S.S31-12-107(1)(d) is attached heroto as Exhibit 1.
Section 3. Severability. If any clause, sentence
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any rC3Bon be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general pOlice power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Ordinance ;;0.
Series 1988
Fago 2
Section 5. This ordinance shall become effective
day(s) after final publication.
15
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
~ to 2 on this 14th day of November , 1988,
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 ~Il~il_r,,-~______ _, 1989, at 7:30
o clock p.m., in the Council Lhamoers, 7500 West L9th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of to this day of
1989.
SIGNED by the Mayor on this
198'$.
day of
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY CLFp~
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY
JOHN E. HAYES, CITY ATTORNEY
1st Publication: December 1, 1988
2nd Publication:
Wheat Ridge Sentinel:
Effective Date:
---,
.
I.'
-'
INTRODUCED
Council Bill No. 371
BY COUNCIL MEMBER
ORDINANCE NO.
Series of 1989
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
JEFFERSON COUNTY PLANNED UNIT DEVELOPMENT (P.U.D.) TO
COMMERCIAL-ONE AND RESIDENTIAL ONE-A, WITH CONDITIONS,
ON LAND LOCATED AT 12930 WEST 32ND 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 Midwest Builders, Inc. for
approval of rezoning with conditions in Wheat Ridge, Colorado,
Case No. WZ-88-18 pursuant to 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 Jefferson County Planned Unit Development (P.U.D.) and to
include in the Wheat Ridge Commercial-One District and the
Residential One-A District, the following described land:
TRACT A: Area to be Zoned C-l:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
Beginning at the west 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
said Section 29, 685.00 feet; thence S 00036'56" E a
distance of 60.00 feet; thence S 00036'56" E, 15.09 feet to
the point of beginning; thence continuing S 00036'56" E
along the east R.O.W. of Zinnia st, 165.61 feet; thence N
89043'30" E, 287.52 feet; thence N 03007'15" W along the
West R.O.W. of 1-70, 130.86 feet; thence N 45016'30" W,
70.70 feet; thence S 89043'30" W along the south R.O.W. of
West 32nd Ave, 217.01 feet to a point of curvature to the
left having a central angle of 90020'26", a radius of 15.00
feet, an arc length of 23.65 feet, a chord bearing of S
44033'17" W, and a chord distance of 21.28 feet, to the
point of beginning, said parcel containing 1.15 acres more
or less.
TRACT B:
Area to be zoned R-1A:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
ORDINANCE NO.
Series 1989
PAGE :
Beginning at the West 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
Section 29, 685.00 feet; thence S 00033'56" E, 60.00 feet;
thence S 00036'56" E along the east R.O.W. line of Zinnia
st, 180.70 feet to the point of beginning; thence continuing
S 00036'56" E, 302.34 feet to a point of curvature to the
left having a central angle of 89039'34", a radius of 15.00
feet, an arc length of 23.47 feet, a chord bearing of S
45026'43" E, and a chord distance of 21.15 feet; thence N
89043'30" E along the north R.O.W. of West 31st Ave, 93.09
feet; thence along a curve to the right having a central
angle of 115042'07", a radius of 45.00 feet, an arc length
of 90.87 feet, a chord bearing of N 89043'30" E, and a chord
distance of 76.20 feet; thence N 89043'30" E, 117.20 feet;
thence N 03007'15" E, along the west R.O.W. line of 1-70,
317.64 feet; thence S 89043'30" W, 287.52 feet to the point
of beginning, said parcel containing 2.12 acres more or
less.
Section 2. Conditions:
The following conditions apply to the Commercial-One portion of
the property described as Tract A:
1.
The following uses are excluded as permitted uses:
used car or truck sales, lumber yards, auto repair
hotels or motels, service stations and car wash.
new or
shops,
2. There shall be no outside storage or outside work areas
allowed.
3. There shall be no illuminated signs on the west or south
side of the property, except that one illuminated
"entrance" sign, not in excess of six square feet, to be
located at the Zinnia Street access, may be permitted.
4. No trash container or enclosure shall be permitted on the
west or southwest portion of the property.
5. Any roof top mechanical equipment shall be screened from
view by residences to the west.
6. Prior to issuance of a building permit, a site development
plan be submitted for review and approval by Planning
Commission and City Council.
Section 3. Vested Propertv Rights. Approval of this rezoning and
site plan does not create a vested property right. Vested
property rights may only arise and accrue pursuant to the
provisions of Section 26(c) of Appendix A of the Code of Laws of
the City of Wheat Ridge.
ORDINANCE NO.
Series 1989
PAGE 3
Section 4. Safety Clause. The City council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. Severability. If any clause, sentence, paragraph, or
part of this ordinance 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect
final publication.
days after
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of , 1088, ordered publishad
in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage
set for , 1988, at 7:30 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 , 1989.
DAN WILDE, MAYOR
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
JOHN HAYES, CITY ATTORNEY
pc/ordMidwest
REPLACEMENT
ORDINANCE
INTRODUCED
BY COUNCIL MEMBER
ORDINANCE NO.
Series of 1989
Council Bill No. 371
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING
FROM JEFFERSON COUNTY PLANNED UNIT DEVELOPMENT (P.U.D.)
TO RESIDENTIAL ONE-A, WITH CONDITIONS, ON LAND LOCATED
AT 12930 WEST 32ND 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 Midwest Builders, Inc. for
approval of rezoning with conditions, in Wheat Ridge, Colorado,
Case No. WZ-88-18 pursuant to 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 Jefferson County Planned Unit Development (P.U.D.) and to
include in the Wheat Ridge Residential One-A District, the
following described land:
TRACT A:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
Beginning at the west 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
said Section 29, 685.00 feet; thence S 00036'56" E a
distance of 60.00 feet; thence S 00036'56" E, 15.09 feet to
the point of beginning; thence continuing S 00036'56" E
along the east R.O.W. of Zinnia st, 165.61 feet; thence N
89043'30" E, 287.52 feet; thence N 03007'15" W along the
West R.O.W. of 1-70, 130.86 feet; thence N 45016'30" W,
70.70 feet; thence S 89043'30" W along the south R.O.W. of
West 32nd Ave, 217.01 feet to a point of curvature to the
left having a central angle of 90020'26", a radius of 15.00
feet, an arc length of 23.65 feet, a chord bearing of S
44033'17" W, and a chord distance of 21.28 feet, to the
point of beginning, said parcel containing 1.15 acres more
or less, and
TRACT B:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
ORDINANCE NO.
Series of 1989
PAGE 2
Beginning at the West 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
Section 29, 685.00 feet; thence S 00033'56" E, 60.00 feet;
thence S 00036'56" E along the east R.O.W. line of Zinnia
st, 180.70 feet to the point of beginning; thence continuing
S 00036'56" E, 302.34 feet to a point of curvature to the
left having a central angle of 89039'34", a radius of 15.00
feet, an arc length of 23.47 feet, a chord bearing of S
45026'43" E, and a chord distance of 21.15 feet; thence N
89043'30" E along the north R.O.W. of West 31st Ave, 93.09
feet; thence along a curve to the right having a central
angle of 115042'07", a radius of 45.00 feet, an arc length
of 90.87 feet, a chord bearing of N 89043'30" E, and a chord
distance of 76.20 feet; thence N 89043'30" E, 117.20 feet;
thence N 03007'15" E, along the west R.O.W. line of 1-70,
317.64 feet; thence S 89043'30" W, 287.52 feet to the point
of beginning, said parcel containing 2.12 acres more or
less.
Section 2. Conditions. A two-year building moratorium be
placed on Lots 6 and 7 in case parking for the church needs to be
expanded. After two years if the parking proves not to be a
problem, the moratorium will be lifted. Should the Director of
Planning and Development conclude that additional parking is
needed, then one or both Lots 6 and 7 would be required to be
converted to parking for the church. The Director's decision
could be appealed to the Board of Adjustment for final decision.
Section 3. Vested Pronertv Rights. Approval of this rezoning
does not create a vested property right. Vested property rights
may only arise and accrue pursuant to the provisions of Section
26(c) of Appendix A of the Code of Laws of the City of Wheat
Ridge.
Section 4. Safety Clause. The City council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. Severability. If any clause, sentence, paragraph, or
part of this ordinance 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect
final publication.
days after
ORDINANCE NO.
Series of 1989
PAGE 3
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ____
to on this day of , 1988, 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 , 1988, at 7:30 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 , 1989.
DAN WILDE, MAYOR
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
JOHN HAYES, CITY ATTORNEY
pc/ord12930w32ndave
EJ
Date of Meeting: March 27, 1989
Date Prepared: March 20, 1989
, J
Case Manager:\Meredith Reckert
TO: CITY COUNCIL
Case No. & Name: WZ-88-18 & WS-88-1/MIDWEST BUILDERS, INC.
Action Requested: Rezone from PUD to R-IA and approval of
a seven lot subdivision
Location of Request: 12930 West 32nd Avenue
Name & Address of Applicant(s)
& Owner(s):
Midwest Builders, Inc.
11658 West 40th Circle
Wheat Ridge, CO 80033
-----------------------------------------------------------------
Approximate Area: 3.27 acres
Present Zoning: Planned Unit Development (Jeffco)
Present Land Use: Church and vacant
Surrounding Zoning: N: PCD; ~: & N: Residential-One A
g: Agricultural-One
Surrounding Land Use: N: Commercial, vacant; ~: & N: Low
density residential; g: Interstate Highway
Comprehensive Plan for the Area: Suburban and Medium Intensity
Residential (Jeffco)
-----------------------------------------------------------------
Date Published: March 6, 1989
Date to be Posted: March 12, 1989
Date Legal Notices Sent: March 8, 1989
Agency Check List (XX) Attached Not Required
Related Correspondence (XX) Attached None
-----------------------------------------------------------------
ENTER INTO RECORD:
(XX) Comprehensive Plan
(XX) Case File & Packet Materials
(XX) Zoning Ordinance
(XX) Slides
(XX) Subdivision Regulations (XX) Exhibits
-----------------------------------------------------------------
JURISDICTION:
The property is under consideration for annexation within the
City of Wheat Ridge, and all notification and posting
requirements have been met, therefore there is jurisdiction to
hear this case.
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 2
I. REQUEST
The applicant requests approval of a rezoning from Planned
Unit Development in Jefferson County to Residential-One A
and for the approval of a seven-lot subdivision. Purpose is
for the creation of six residential lots in addition to the
existing church on the property. These cases will be
considered in the same staff report but should have separate
motions.
II. CASE HISTORY
The property was rezoned in Jefferson County in 1985 to
Planned Unit Development for senior citizen housing. The
plan allowed 133 units on 3.27 acres (40 units per acre) in
a 38,000 square foot building not to exceed 60' in height.
There was 48% landscaped coverage. Attached is Exhibit 'A'
which is a reduction of the schematic site plan.
In September of 1988 the owner applied for annexation,
rezoning and subdivision of this property. The owner was
requesting R-1A zoning on Lots 2-7 and C-l on Lot 1 with
site plan approval for a fast food restaurant.
Planning Commission heard this request on November 3, 1988
and recommended approval of the subdivision and approval of
R-IA zoning on the entire property.
On March 7, 1989, Staff received notice that the applicant
wished to amend the rezoning request in accordance with
Planning Commission recommendations to R-1A on the entire
parcel. See Exhibit 'B'. The subdivision design has not
been altered.
III. SUBDIVISION DESIGN
The applicant is proposing a seven-lot subdivision which
corresponds with the zoning being proposed. Lot 1 which is
50,000 square feet in size fronts on both Zinnia and 32nd
Avenue. The existing church on the property would be
contained within Lot 2. A church is a use-by-right in the
City's Residential-One A zone district. A portion of the
church's existing parking area is located on Lot 1. The
parking area will be transferred to Lot 2 where paving will
be required.
The remaining five lots would, for the most part, access off
of West 31st Avenue. All of the proposed residential lots
exceed the 9,000 square foot minimum lot size requirements.
Staff is concerned that there may be insufficient parking
for the church. We therefore recommend a two-year building
moratorium be placed on Lots 6 and 7 (the rear two lots
adjacent to 1-70) in case parking for the church needs to be
increased. Should the parking prove not to be a problem,
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 3
the moratorium would be lifted. This would become a
condition of the zoning and would be added to the ordinance.
Should the Director of Planning and Development conclude,
however, that additional parking is needed, then one or both
Lots 6 and 7 would be required to be converted to parking
for the church. The Director's decision could be appealed
to the Board of Adjustment for final decision.
Right-of-way dedications occur for the West 31st Avenue
access "bulb" and for the corner radii at the 32nd and
Zinnia and 31st and Zinnia.
Staff concludes that all requirements of the Subdivision
Regulations have been met.
IV. ADJACENT LAND USE AND ZONING
Zoning surrounding the property is Residential-One A
(Jefferson County) on the south and west developed in single
family residences. Interstate 70 abuts the property to the
east and to the north is a partially built Planned
Commercial Development. The southern portion of the Planned
Commercial Development has only an outline pl~n approval on
it allowing for all Commercial-One uses on the east and
limited Commercial-One abutting the residences facing Zinnia
Street.
Staff concludes that the proposed Residential-One A zoning
would be compatible with the existing low density
development in the neighborhood.
V. NEIGHBORHOOD INPUT
A meeting for neighborhood input was held on September 27,
1988. Responses from that meeting have been typed up and
included under Exhibit 'C'. Additional letters of input
have been included under the same exhibit. Exhibit 'D'
contains letters which have been received subsequent to the
request being changed.
VI. AGENCY REFERRALS
All responding agencies can provide service to the property
with certain improvements.
Applewood Sanitation District may require line extensions.
Lakewood Fire District will require the installation of two
hydrants.
Public Works
improvements
Exhibit 'E'.
has agreed to allow phasing of public
upon sale of those individual lots. See
The developer will be responsible for one-
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 4
fourth the cost of a stoplight at West
Zinnia street when it meets warrants.
32nd Avenue will be right-in/right-out
32nd Avenue and
Any access to West
only.
Colorado Department of Highways would like to deny access
to West 32nd Avenue.
VII. PLANNING COMMISSION ACTION
A public hearing was held before Planning Commission on November
3, 1988.
Regarding the rezoning, a recommendation for Conditional Approval
was made for the following reasons:
1. Although the property is not within the city limits of Wheat
Ridge it is proposed for annexation and all notification and
posting requirements have been met, therefore there is
jurisdiction to hear this case; and
2. Any type of commercial development based upon the information
Commission has received, is incompatible with the residential
land use to the south and west.
With the following condition:
1. That the request for Commercial-One be Denied and that the
entire property be rezoned to Residential One-A.
In regard to the subdivision, a motion for approval was made for
the following reasons:
1. All requirements of the Subdivision Regulations have been
met;
2. Although the property is not within the city limits of Wheat
Ridge, it is proposed for annexation and all notification and
posting requirements have been met, therefore there is
jurisdiction to hear this case; and
3. It would be compatible with the surrounding land uses.
The applicant has amended his request to comply with Planning
Commission's recommendation for the rezoning.
VIII. CONCLUSIONS AND RECOMMENDATIONS
In regard to the zoning, Staff concludes that the Residential-One
A's zoning and land uses would be compatible with adjacent
development on the west and south. Therefore, a recommendation
of APPROVAL is given for the rezoning with the following
condition:
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 5
1. A two-year building moratorium be placed on Lots 6 and 7 in
case parking for the church needs to be expanded. After two
years if the parking proves not to be a problem, the
lL0ratorium will ~d lifted.
Staff concludes that all requirements of the Subdivision
Regulations have been met, therefore, a recommendation of
APPROVAL is given for Case No. WS-88-1 with the following
conditions:
.L. i',.e ueveloper esc...ow funds equa.Ling one-fourth of tile
estimated cost of the traffic light at Zinnia.
2. Public improvements be constructed in accordance with the
Public Works memo under Exhibit 'E'.
IX. RECOMMENDED MOTIONS
Case No. WZ-88-18
OPTION A:
approval of a
12930 W. 32nd
"I move that Council Bill No. _, a request
rezoning from PUD to R-1A for property located
Avenue, be Approved for the following reasons:
for
at
1. All posting and notification requirements have been met, and
the property has been annexed into the City of Wheat Ridge,
therefore, jurisdiction is established.
2. The R-1A zoning is compatible with adjacent zoning and land
use.
3. Planning commission recommends approval of the R-1A zoning.
With the following condition:
1. A two-year building moratorium be placed on Lots 6 and 7 in
case parking for the church needs to be expanded. After two
years if the parking proves not to be a problem, the
moratorium will be lifted. Should the Director of Planning
and Development conclude, however, that additional parking is
needed, then one or both Lots 6 and 7 would be required to be
converted to parking for the church. The Director's decision
could be appealed to the Board of Adjustment for final
decision.
OPTIO;~ B:
approval of a
12930 W. 32nd
"I move that Council Bill No. , a request for
rezoning from PUD to R-1A for property located at
Avenue, be Denied for the following reasons:
1.
2.
3. "
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 6
OPTION C: "I move that property located at 12930 W. 32nd
Avenue, be rezoned to Residential-One A for the following
reasons:
l.
2.
3. "
With the following conditions:
l.
2.
3. "
Case No. WS-88-1
OPTION A: "I move that Case No. WS-88-1, a request for
approval of a 7-10t subdivision at 12930 W. 32nd Avenue, be
Approved for the following reasons:
1. All requirements of the Subdivision Regulations have been
met.
2. Staff and Planning Commission recommend approval".
With the following conditions:
1. The developer escrow funds equaling one-fourth of the cost of
the traffic light at Zinnia Street, based on Wheat Ridge
Public Works Department estimates.
2. All public improvements be constructed in accordance with the
Public Works memo under Exhibit 'E'.
OPTION B: "I move that Case No. WS-88-1, a request for
approval of a 7-10t subdivision at 12930 W. 32nd Avenue, be
Denied for the following reasons:
l.
2.
3. "
pc/wz-88-18/ws-88-1/sr
Case No. \VZ-88-1~ & WS-R8-1
AGENCY REFERRALS SUMMARY
Fire: (Lakewood) NO RESPONSE
Schools:
Water: (Consolidated Mutual) CA.N SERVE
Sewer: (Applewood) MAY NEED LINE EXTENSIONS
Mountain Bell: NO RESPONSE
Public Service Co: NO RESPONSE
State Land Use Comm:
(if over 5 acres)
State Geologist:
State Highway:
RFml<lHFNf1ING NO ACCESS BE ALLmlED TO 32ND AVE.
Jefferson County: T<FGmlHENDING DENIAL OF TilE COM1-1ERCIAL REZONING
(HEALTH - COMMISSIONERS - PLANNING)
Adjacent City:
Other:
CITY DEPARTMENTS
Public Works: IS REQUESTING CIIANGES TO LEGAL. \I'ANTS ALL PUBLIC. HlPROVf~IENTS BUILT
AT TilE SAME TUlE
Parks t. Recreation: NO RESPONSE
Police:
CAN SERVE
Building Inspection:
W7--<g<g~1 ~
"'-
"
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 11
Commissioner KILLIAN stated he would not remove the elimination of
access to Kline street, as he shares the same concern Mr. Gidley has
if the property use changes.
Commissioner WINGER therefore refused to second the motion.
Commissioner CERVENY seconded the motion with a recommended amer.dment.
Commissioner CERVENY recommended that the Kline Street access be
restricted to passenger or similar-type vehicles. Should the Kline
Street exit be utilized by other than passenger vehicles, the City
will retain the right to eliminate that curb cut.
Commissioner KILLIAN accepted the recommended amendment to his motion.
Motion carried 7-0.
8. Case No. WZ-88-18 and WS-88-1: An application for
approval of a rezoning from Planned Unit Development (PUD) in
Jefferson County to Commercial-One and Residential-One A and for
the approval of a seven-lot subdivision at 12930 West 32nd
Avenue.
Ms. Reckert presented the staff report. Chairman ECKHARDT accepted
the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations,
case file and packet materials, s~ides and exhibits.
Ms. Reckert had a schematic site plan from the applicant which she put
on the overhead.
Ms. Reckert had received a letter in opposition from an adjacent
resident and a recommendation for denial from the Jefferson County
Planning Department, which she read aloud. These items were made a
part of the record.
Commissioner CERVENY asked what kind of traffic count was anticipated,
based on C-1 zoning restrictions.
Ms. Reckert stated that a traffic count would be difficult to estimate
unless a plan for development was specified. She added that one of
the figures provided by Jefferson County might be slightly high, but
they were indicating worst-case scenario.
Commissioner SCOMA inquired if the City had talked with the applicant
furnishing a PCD.
Ms. Reckert stated that the city had done so, but applicant had
refused.
Commissioner JOHNSON asked if another traffic light was installed at
Zinnia, how far would that be between stop lights.
Ms. Reckert was not certain of that distance.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 12
Mr. Gid19Y added that only if the frontage
traffic light be installed, and that light
be installed at Zinnia.
road was re-located could a
at the frontage road would
Commissioner SCOMA asked Mr. Gidley if there is to be a west service
road.
Mr. Gidley answered currently there is a west service road and the
discussion has been should the service road be relocated further west
a~ay from the 1-70 ramps. No final plans have been approved.
Commissioner SCOMA asked if it would go south past West 32nd.
Mr. Gidley stated that it would not continue south, it would stop at
West 32nd Avenue.
Lee Gillan, 5126 West 38th Ave. was sworn in. Mr. Gillan stated that
the applicant had decided not to proceed with a PUD, but instead to
change the zoning to C-1 with restrictions because at this time,
applicant is not certain how he wants to develop the property. Mr.
Gillan explained how trees, shrubs and grass would be used to blend in
with the surrounding area. He added that 300 vehicle trips for a
fast-food restaurant would be more accurate according to his
calculations. He stated that they planned to widen West 32nd Avenue,
as it is fairly narrow at that point and adding a left turn lane for
Zinnia Street. He added that the site does not lend itself to
residential lots because of a high volume of traffic on the 1-70
Frontage Road and West 32nd Avenue.
Commissioner KILLIAN stated he would like to correct Mr. Gillan when
he stated that the 1-70 Frontage Road runs along the site, it is
really the on-ramp.
Mr. Gillan acknowledged that correction.
Commissioner KILLIAN asked Mr. Gillan about access onto and off Zinnia
street and wanted to know if the applicant was contemplating one or
more curb cuts.
Mr. Gillan stated one curb cut onto Zinnia Street on Lot One was
planned 180 feet south of the West 32nd Avenue right-of-way line.
Commissioner CERVENY pointed out that staff had made 6 recommendations
on the staff report. He wanted to know if these recommendations were
acceptable.
Mr. Gillan stated that should a restaurant be built, the applicant
might want a small directional illuminated sign.
Mr. Gidley states the site plan states the proposed sign would be 2'
by 3'.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 13
Mr. Gillan stated that all other recommendations would be acceptable.
Mr. Gidley stated that regarding recommendation #5, the intent of
staff was that the landscape buffer be a densely vegetated view-
obscuring typ~ buffer, not just 30' of grass or the m~nimu~ number of
trees. Also, Mr. Gidley questioned Mr. Gillan's agreement to
providing City with a site plan. Mr. Gidley understands applicant
feels the site plan provided is adequate.
Mr. Gillan stated that site plan currently being shown was what
applicant is proposing, leaving the interior area of the site open for
development.
Chairman ECKHARDT asked for clarification of an area on Zinnia Street
designated landscape buffer, but indicating a curb cut.
Mr. Gillan stated it was a driveway and not landscaping.
Commissioner JOHNSON asked Mr. Gillan if there would be a restriction
as to the size of home that would be built.
Mr. Gillan did not believe there was a minimum size building
restriction.
Commissioner JOHNSON asked if the covenants would correspond with the
surrounding area.
Mr. Gillan felt certain they would.
Chairman ECKHARDT noted the City does not enforce covenants.
Commissioner WINGER asked if the applicant had made a decision
regarding what he might put on the site.
Mr. Gillan stated that he is currently considering several offers.
Commissioner JOHNSON asked if the buyer for the church was planning to
increase the size of the building.
Mr. Gillan stated that the buyer is happy with the size of the church
and has no plans to enlarge it at this time.
They may, however move the parking area from the north to the west
side of the church.
Jack Reddish, 13705 Braun Road was sworn in. Mr. Reddish was
concerned that the zoning will change the character of the
neighborhood. He added that many commercial properties are located
east of 1-70 and he sees no reason to change the zoning of this site
to commercial. He asked Comm~ssion to deny this rezoning request.
'-
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 14
Commissioner WINGER asked if Mr. Reddish objected to the church.
Mr. Reddish answered he had no objections to the church.
J. H. Linkins, 2725 Crabapple Rd. was sworn in. Mr. Linkins was
concerned about the present traffic problems in the area and the
proposed installation of additional traffic lights. He was opposed
allowing any commercial use of that site.
K. M. Linkins, 2725 Crabapple Rd. did not wish to speak but opposes
the rezoning.
Kevin Nichols, 842 23rd Street was sworn in. Mr. Nichols was
representing the Jefferson County Planning Department. He reiterated
that the proposal is inconsistent with Jefferson County's general land
use plan which recommends low-density residential use for the
property. The major problem would be the traffic impact. Mr. Nichols
admitted the vehicle trip figures were high due to applicant not
providing information about how the property will be developed.
Commissioner CERVENY asked how large an area the PUD for elderly
housing encompassed.
Mr. Nichols answered it covered the entire piece of property.
Commissioner CERVENY asked if a developer wanted to utilize a portion
of the property for elderly housing, what would be staff's
recommendation.
Mr. Nichols stated that Jefferson County recommends low-traffic land
uses for the area, and elderly housing was viewed as something that
would have similar traffic impact to single family residential.
Commissioner CERVENY asked what other types of uses fell into that
category.
Mr. Nichols answered that a church vlould be a good use.
Commissioner CERVENY suggested a research center.
Mr. Nichols saw traffic problems with that use for the site.
Roland J. Brumbaugh, 3100 Zinnia Court was sworn in. Mr. Brumbaugh
was present as a resident and as attorney-in-fact for his sister who
resides at 3185 Zinnia street. Mr. Brumbaugh pointed out some updates
on the aerial map viewed on the overhead. Mr. Brumbaugh stated that
his feelings echoed Mr. Nichols' and asked the Commission to eliminate
the access onto Zinnia Street.
"
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 15
Edward Wilson, 3125 Zinnia Street was sworn in. Mr. Wilson was
concerned with the proposed change to the parking lot of the church.
He stated that reducing the size of the church lot is not feasible
because the lot is already full to over-flowing. Mr. Wilson pointed
out much Gnmm'ercial land lies vacant in the surroundinC' '1T":-\. ~Je
feels with the possibility of a fast-food restaurant so near an
elementary school, a hazard would be created.
Connie Mauldin, 3195 Zinnia Street was sworn in. Ms. Mauldin pointed
out her house on the overhead map. Ms. Mauldin stated that her home
has been severely impacted by the commercial development across the
street. She was very concerned about the proposed illuminated sign.
At night her house is completed lit up by the lighted sign across the
street. She and her husband oppose the commercial part of this
proposed development.
Norm Ross, 3145 Zinnia Street was sworn in. Mr. Ross felt the
rezoning would not be advantageous to the City, as he felt any tax
income would be out-weighed by the traffic problems created. He
stated he and his neighbors would suffer a loss in property values
should the commercial development be approved. He is opposed to this
rezoning because he and his iK,ighbors have no information about how
the property would be developed. Mr. Ross feels this commercial
development is not compatible 1n a residential area.
Pamela Brumbaugh, 3165 Zinnia Street was sworn in. Ms. Brumbaugh
stated that without a plan submitted, she couldn't see how Commission
can make a proper decision about a commercial development. She felt
the neighborhood should have input about any restrictions, including
access to Zinnia Street.
Chairman ECKHARDT reminded those present that the case before
Commission is for approval of C-1 zoning. He added that applicant did
want the option of a fast-food restaurant. The applicant did want to
have access to Zinnia Street.
Mr. Gidley gave a brief report of annexation law and informed
Commission they did have alternatives such as rejecting the C-1 zoning
and rezoning the entire parcel R-1A.
Garv Walker and Gere L. Walker had left the meeting after signing the
roster to speak.
Carl Eiberger, 14330 Farview Lane was sworn in. Mr. Eiberger
commended Commission for listening to the concerns of residents not
living in Wheat Ridge. Mr. Eiberger gave a brief history of
annexation of land North along West 32nd Avenue. He reiterated that
there are many commercial vacancies in the area. He also was
concerned with the additional traffic impact.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 16
Commissioner CERVENY asked Mr. Eiberger if he supported R-1A zoning
for the entire parcel.
Mr. Eiberger ~tated that he was in favor of R-IA.
Craig Corbin who had signed the roster to speak chose not to due to
the late hour.
Lee Gillan commented that the applicant planned to make improvements
to the intersection including re-alignment of the frontage road. Mr.
Gill?n stated "tr-~L\t th2 '""'I"p2.i--:::r.t 02d t~(::n u:'1~-~b12~ t',) l:-;.~::-;~:et the
property with the present zoning. He added that the group purchasing
the church is a smaller one needing only 50 parking places and 70
spaces have been provided. Mr. Gillan stated that during neighborhood
meetings the applicant never led the neighborhood to believe an access
on Zinnia Street would not be requested.
Commissioner CERVENY asked Mr. Gillan if the applicant would accept R-
1A designation for the entire parcel.
Mr. Gillan stated he doubted that would be acceptable, as the parcel
on the north side of the property is undesirable to build a home on
and the purchaser of the church does not wish to purchase that land,
leaving a vacant piece of land.
Mr. Gidley commented that Mr. Gillan was missing an opportunity. If
R-1A zoning is accepted the applicant would gain the opportunity to
subdivide and sell all of the church and the house lots. The second
thing gained would be time to market and to come up with a specific
plan could be acceptable tu the neighborhood.
Since there was no fu~t~er discussion, ECKHARDT called for a motion.
Mr. Gidley clarified for Commission that two motions would be
necessary and that the subdivision decision would be made following
the rezoning question.
Commissioner CERVENY moved that Case No. WZ-88-18 an application by
Midwest Builders, Inc. for approval of a rezoning for Planned Unit
Development in Jefferson County to Commercial-One and Residential 1-A
on property located at 12930 West 32nd Avenue be recommended for
CONDITIONAL APPROVAL for the following reasons:
1.
Although the property is not within
Ridge it is proposed for annexation
posting requirements have been met,
jurisdiction to hear this case; and
the city limits of Wheat
and all notification and
therefore there is
2. Any type of commercial development based upon the information
Commission has received, is incompatible with the residential
land use to the south and west.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 17
With the following condition:
1. That the request for C-1 be DENIED and that the entire property
be rezoned to R-lA.
Motion seconded by Commissioner WINGER. Motion carried 7-0.
Chairman ECKHARDT called for a motion for the next case.
Commissioner CERVENY moved that Case No. WS-88-1 an application by
Midwest Builders, Inc. for approval of a seven-lot preliminary and
final subdivision plat for property located at 12930 West 32nd Avenue
be APPROVED for the following reasons:
1. Although the property is not within the city limits of Wheat
Ridge, it is proposed for annexation and all notification and
posting requirements have been met, therefore there is
jurisdiction to hear this case; and
2. It would be compatible with the surrounding land uses.
Commissioner WINGER stated he would second the motion with an
amendment that all requirements of tho subdivision regulations have
been met.
Motion carried 7-0.
9. OLD BUSINESS
Commissioner CERVENY moved that the Chairman represent Planning
Commission's viewpoint regarding the grant for West 32nd Avenue at an
upcoming DRCOG meeting to be held November 9 at 7:00 p.m.
Since neither Chairman ECKHARDT or Vice Chairman WINGER could attend,
Mr. Gidley was asked if he could attend the meeting and read into the
record Commissions resolution on West 32nd Avenue.
Mr. Gidley gave a brief report on two public input meetings held on
October 26 regarding the reconstruction of West 38th Avenue. Mr.
Gidley was pleased with the attendance and comments. He stated that
more meetings will be scheduled in the future. Commissioner WINGER
asked if Planning Commission would have the opportunity to discuss any
reconstruction of West 38th Avenue. Mr. Gidley promised to place it
on a future agenda for a study session and prepare it for public
hearing.
10. NEW BUSINESS
Mr. Gidley reported that Lakeside Mall has filed a petition with the
court for disconnection with the City of Lakeside. The intent is to
disconnect from the City of Lakeside and annex with the City of Wheat
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO. WZ-88-18
LOCATION: 12930 West 32nd Ave.
APPLICANT(S) NAME: Midwest Builders, Inc.
11658 West 40th Circle
Wheat Ridge, Colorado 80033
OWNER(S) NAME:
Same.
REQUEST:
An application by Midwest Builders, Inc., for approval
of a rezoning from Planned Unit Development in
Jefferson County to Commercial-One and Residential-One
A on property located at 12930 West 32nd Avenue.
WHEREAS, the City of Wheat Ridge Planning Division has submitted
a list of factors to be considered with the above request, and said list of
factors is attached hereto and incorporated herein by reference, and made a
part hereof; and it was moved by Commissioner CERVENY seconded by
Commissioner WINGER that Case No. WZ-88-18 be forwarded to City Council
with Planning Commission recommendation for CONDITIONAL APPROVAL for the
following reasons:
That the entire property to be annexed be rezoned to Residential-One A for
the following reasons:
1. Although the property is not within the city limits of Wheat Ridge it
is proposed for annexation and all notification and posting
requirements have been met, therefore there is jurisdiction to hear
this case; and
2. Any type of commercial development based upon the information
Commission has received, is incompatible with the residential land use
to the south and west.
With the following condition:
1. That the request for C-1 be DENIED and that the entire property be
rezoned to R-1A.
VOTE:
YES: Eckhardt, Scoma, Cerveny, Edwards, Johnson,
Winger and Killian
NO: None
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing Resolution
was duly adopted by a 7-0 vote of the members present at their regular
meeting held in the Council Chambers of the Municipal Building, Wheat
Ridge, Colorado, on the 3rd day of November, 1988.
Sandra Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION
Robert Eckhardt, Chairman
WHEAT RIDGE PLANNING COMMISSION
CASE ~OS WS-8S-1jWZ-SS-1S
EXHIRIT 'A'
'\
;!.,t ,.......4_ ...............~. .~_.
~ ......, ......."
. 2~~i+-
Il i -;~-~::':";:i~"~::f~:
~-~: ~} ~ _-'l?j_ ...-..,.,.tL~
~~i;=--~- ~i)
~i'~1 >2:.:,;:" -:-:- ~I'I
! I f7 -~,' __. """CJ , ~_::~~.: Q, .~; CO,"
~ I" 1-":.'
i I'~'-' W~ (,:~:.::.<-- ,
" "',;,1:,, ,7., c" - - "'J. ~!I
~~~~0_l~~.~~~;.~_~~~:~',-~~:;::~, :-1
.~ (1.uIi'1 < i[)i:lJl:
-..,-' \'J I '" i 'I ii'
z
o
H
(j)
H
>
H
o
m
::J
(j)
,
0
" ,-
. I
;;i'l 0
~~ "
~~
~ ; ~
0" "
!
-
t>
"
,
"
1
"
.~
:,
d
I
"
!
w
z
o
I-
(j)
IT
W
Z
IT
o
U
..h....-..;~~_, _
''"';!:..;If-Y~:''~ b.,
h
J~ !.~
j; :;.~
-j ,.;U
n 2J~
h ;;-;i
\ '"' ~,; ~ ~~: r
~~ :~~;~!
~ l" I :
~ j -;; ~ :'" 1 J
~~ (-~
!I ; II i:- ~,;
f! !~.i ~<~,~
'Ih'n'"
~ t~ !"-1iJl
~ ~,::;;p~.~
Q"";-.-'t.ii ><
"I' '-!. ,'.
. p- q :~l
g.,]x,LI
,_"""'"r........
.~ ,
_'''''' J""o'" "<,,_
"
----.--1--
-- ;/oi : [
: I: ,
, '
, ' ,
~~;~ 'I
.)~..;: - ':: f
.....-.,) , ,., J
. ;: ,~;;\ 1[. "" ~ ~
i;l~ ~ ;~ '- ~ ;
::~ , .._'~
~.
' ~ ' I
'." J
' :r I
it '
if': l"
: : I'
;..,.,.~\-,) I
!
,I
'l;
_n
_~ ~ LO_-+
...~. ....
-...-
,-
~>,
--
,".. 'L \:..:.
-'-~~~--"-
I....~-......'- I
r .1' .~~. .
"0" 0,"
CASE NOS. WZ-88-18/WS-88-1
EXHIBIT 'A'
:" i l.l , , n
'J ! n: di) i I
~ ~ ,,! Wi1l! j II'
~ ~ i
'i 1 . PI ,
',' ~ ~ ! , I
" . ~ i 1
: ~ " i;!iW , ; I ~ 1 ~ j I
.. ;q ; ~ i I
.j l , t; I
jl { ~ I ( it:.
'! 1;.- ! i ~ ~ ,
'.' j , 1
" ~ 1 ~ , ~ , : j
i, : ~lIH;j , ~ ' ;
;j I ~ ' l ',! jj;j ;1 i
" , 1 j1]
11 P~! I;: I
,J - l;:1 I . "-; :nil
-;1 , 1 ~ t ~! 0.1
; , - ; , ' ~ :} ~ ! 3~ ~. !: f5! I-?-!
~ ~ ~ n i~p
,j, - q '; . ~' i '[ .!: pn;~i ~_d hi
1 ' ~ p " ~q! ., . ~ ~- . - i. I t'1 ftl
~ ~ j .. t i : ~ ~ 11 >l::; ~hiH :. ~: j;:!
-,
~ ~~ ,. I J ~ j"': .~ ; ; ~tq::l ;- ~ I tile;,
(;; , ~: r i i.!
j) ~ ~} i i 1ihfii
el~:; h "i! /J. i.JW
..
- - ~I_' ,l
;~ r. i
I~ i:!
. ~ " .
------,.. ~
.':.~~,:lE
"
j
""..,...o~
I ;r----=-... ". -
~
.,,- .-- ~ ~r - - ~'^-:-:, "'.
~'fr~:_:~-"rj "",.~ .
L '( .'
j' , -
S Co'
'-. .
. '
Jf
~:I
, .,
" . I . ~
!
,
!
~ ~
~ :
. !
, ~ ~
i i
,I
: ,I
(-' ~I I
i:: I
:- _~''''f'''~;
. ,
, ,
.....',
"
I
I
, \,:.
-~ ~
, ,
, .
'.,~ "
: ;\
.1. ;,....,
..~
~I
_~....~, ..._ J
" .~ ..
. '.'e "".,
---I
....J. ~ __
_.~ _.. A; .",'1
"""\)oI!~
"
~E
!:
;i
I
! 11
'.
r,
I : :: ~
;I;~~ ",I. "
I \ ",', \ r ..
I \"~f'.,~\ '
I r. ....
I \~':;
I h '\!l
o \ ,,'
1 \ \'
:) \ \
:.1 :..~II ~\
I ~!
: ~l
':, ~- \~
I
I
I
I ~;~~;~~~~~: <;~:;;~~:::::-;n~::
~ ;~~:;~::~~~~::::::::
" :~I
~''; :;:;::'! ~ : ~:: ;: :: ~ .; :
::::::::::::::::;::iP
'i~~~ ,it:ll:
;::::: 11-:::1.::
'Ies: UIII
~~~~~;;~~;:~~~~
r:...~il::.r;::
.....~...~...-.....
CASE NOS. WS-88-1/wz-33-18
EXHIBIT 'B'
\...-
\ GILL~i\i'S eNGINEERING, INC.
_(j__ Engineering
I Architecture
5126 W 38TH AVENUE
DENVER, CO 80212
303/480.0471
:A;~ ~";~~> ~
bU U d t
COMMUNITY DEVELOPMENT
PROJECT MANAGEMENT, ARCHITECTURE, ENGINEERING,
LAND DEVELOPMENT & SURVEYING
}lARCH Eo, 1989
}IEREDITH RECKERT
CITY OF WHEAT RIDGE
7~.00 W 29TH AVE
WHEAT RIDGE, CO 80033
RE: CORNER STONE ANNEXATION, ZONING AND SUBDIVISION
DEAR MEREDITH,
AS YOU ARE AVARE, JHDWEST BUILDERS NO LONGER HAS A COMMERCIAL CONTRACT
ON LOT 1 OF THE ABOVE PROPOSED SUBDIVISION. AT THIS TIME 'WE WOULD LIKE
TO APPLY FOR AN R-IA ZONING FOR THE ENTIRE SUBDIVISION AND WITHDRA'W OUR
LANDSCAPE PLAN FOR LOT 1.
MIDWEST BUILDERS WOULD LIKE TO PROPOSE COMPLETION OF THE ROADS IN
rJ~.J.l'.\SES,. AS FOLLD~~S ~
PHASE 1: CURB, GUTTER, SIDEWALK AND STREET ALONG 'WEST 31ST AVE. AND
ZINNIA ST. ADJACENT TO LOTS 2 THROUGH 7, BEFORE SELLING OR
DEVELOPING LOTS 2 THROUGH 7 OF CORNER STONE SUBDIVISION.
PHASE 2: COMPLETION OF ZINNIA ST. AND WEST :32ND AVE. ADJACENT TO LOT
I, BEFORE SELLING OR DEVELOPING LOT 1 OF CORNER STONE
SUBDIVISION.
THIS WILL ALLOW THE FOLLO'WING:
L DESIGN OF WEST 32ND AVE. TO MEET THE NEEDS OF WHATEVER IS
DEVELOPED ON LOT I, SOMETHIE IN THE FUTURE. THE NEED FOR
ACCELERATION AND DECELERATION }lAY CHANGE ON 'WEST 32ND
AVE.
2. }IIDWEST BUILDERS 'WILL RAISE THE MONEY NEEDED TO COMPLETE
VEST ::-c2ND AVE., 'WHEN A DEVELOPJ'lENT FOR LOT 1 IS FOUND.
::-c. POSSIBILITY OF MORE DEFINITIVE DESIGN ON THE NORTH SIDE
OF WEST 32ND AVE. AT ZINNIA ST. COULD BE DEVELOPED IN
THIS TIME FRAME.
THANK YOU FOR YOUR HELP AND COOPERATION ON THIS PRO.JECT.
j2/~
LELAND E. GILLAN
LEG/ai
CASE NOS WS-R8-1/WZ-8R-IR
;~\11I8IT Ie'
Ron & Maureen Reed
13090 W. 31st Ave.
Golden, Co 279-6041
"We are opposed to the commercial zoning of this land. One
major problem is the increase in traffic. Traffic is
already very heavy at this location and no solutions were
offered to alleviate the problem. The developer did not
explain why the land needed to be zoned commercial - other
than his desire to make a profit without regard to the
neighborhood. There is commercial land across the street
that is still vacant. Why is there a need for more?
The developer was not responsive to any of our concerns. He
stated the only reason for having this meeting was, it was
required. He clearly stated that he would not negotiate or
change his plan. He was planning on proceeding, no matter
what the outcome of this meeting. He plainly did not care
what our concerns were.,
We are struggling to raise a family. Our only investment is
our home. This rezoning will have a negative impact on our
investment and will cause a substantial loss."
Mr. and Mrs. Edward L. Wilson
3125 Zinnia st.
Golden, Co. 80401 278-1669
"The 'Neighborhood Input Meeting' was nothing but a kangaroo
court. The Developer came to shove his proposal down our
throats, regardless of how it detrimentally effects our
neighborhood and property values. Our neighborhood
objection is only to the commercial zoning. It is not
compatible with surrounding land uses, i.e. residential, and
there would be an extremely negative impact on our
residential street (Zinnia), as it would be an access for
commercial customers creating a negative impact on the
safety of the children in the neighborhood. The Developer
was totally unresponsive to any of these concerns and would
not consider any modifications, at one point even admitting
"I don't care!" and threatening to "have it all zoned
commercial." There is no need for any more commercial
building in this area, as there are numerous commercial
units within a 14 block radius which are presently standing
empty, unable to lease. (Please see addresses listed on the
back). If this zoning is approved, we will have no choice
but to use every means available to have the zoning ruled a
"taking" in order to recover our loss of property value.
Commercial Units within a 14-block radius now standing
empty, unable to lease:
1901 Youngfie1d - unit 105 @ 1200 sq. feet, unit 106 @ 1200
sq. feet, unit 108 @ 1000 sq. feet, unit 109 @ 1000 sq.
feet.
1921 Youngfie1d - 30,000 sq. feet and unit 206 @ 1500 sq.
feet.
1941 Youngfield - unit 302 @ 1500 sq. feet and unit 304 @
10,000 sq. feet.
2040 Youngfield - 1200 sq. feet.
2060 Youngfield - 1400 sq. feet.
2061 Youngfield - unit B @ 1200 sq. feet and unit D @ 1200
sq. feet.
2901 Youngfield - 2,000 sq. feet.
3100 Youngfield - 1000 sq. feet.
12757 W. 32nd - 1200 sq. feet.
3410 Youngfield - 1000 sq. feet.
Office buildings at 2700, 2801, and 3000 Youngfield - all
listing lease space - total sq. footage unknown.
Youngfield Shopping Center (Applewood) - 3 units available
by King Soopers - tOCd~ ~q. ~00t~ge unknown - old Eakers
unit empty @ 20,000 sq. feet - unit between old Eakers and
Wa1-Mart @ 10,000 sq. feet - unit SE from App1ewood King
Soopers @ 1500 sq. feet.
Business Park on Youngfield between 38th and 44th with
numerous vacancies.
Shopping Center at 38th and Kipling nearly half vacant.
~, 5 acres north of Developer's property zoned commercial
several years ago, still undeveloped (unsightly mud hole!)."
Norm and Linda Ross
3145 Zinnia St.
Golden, Co. 80401 279-7585
"The developer was evasive and non-factual in ~nswering an
unlimited number of questions. It appeared that little or
no planning has been done, and that he is making a frantic
and desperate attempt to annex and rezone his property in
order to meet a Jan. 1, 1989 contract to sell the church to
Free Will Baptist Church. Though the developer has clearly
not put any details in his plans, he was unresponsive to
d
proposals. He was only sarcastically responsive to the idea
that residents purchase the proposed commercial site if
there was a profit in it for him - but gave no price.
The orooosed commercial site is not compatible with the
surrounding Cil-Ca. t.ec ~~lSG of .':hG =2S_.L:e2l.'i:itJ.l ~c~.:..n~ ...iL.U
impact on neighborhood traffic and public safety.
Furthermore, 32nd Ave. at this location already has a
traffic problem. The proposed new church site parking is
limited, with access from Zinnia st. only. An acceptable
alternative should be that the new church retain the present
~nrk~ng area with access from 32nd Ave. If this is not
possible, the only other acceptable and compatible
alternative is residential housing. The proposed
residential areas are unacceptable at this point until
covenants are agreed upon that are compatible with existing
housing in the area.
Finally, until the developer is responsive to neighborhood
concerns by making adequate modifications that enhance
rather than detract from the neighborhood, rezoning is
unacceptable to the adjacent neighborhood."
Roland J. Brumbaugh
3100 Zinnia Ct.
Golden, Co. 80401 279-5714
"At the Neighborhood Input Meeting, in response to direct
questions, the Developer admitted that he has made no
inquiry or investigation to determine: (1)Adequacy of
water; (2)Adequacy of sanitary sewer or storm drainage;
(3)Impact of increased traffic on neighborhood; (4)Impact of
increased traffic on City's plans for improvement of 32nd
between Youngfield & Kipling: (5)Need or necessity for more
commercial zoning; (6)State Highway Dep't. concerns relative
to access ramps on 1-70; or (7)Problems of relocating
irrigation ditch on the proposed commercial space.
Developer does not know if access to proposed commercial
area will be from 32nd or Zinnia st. Developer would not be
willing to file covenants to restrict commercial uses to
those compatible with the neighborhood or to restrict
residential area in same manner as present neighborhood.
Developer would not answer the direct question of how his
proposal was going to enhance the neighborhood. He admitted
that he would not want the property zoned commercial if he
lived in the neighborhood, and in response to.~he suggestion
that he was not really interested in the concerns of the
residents, but was holding the meeting only because it was
required, he replied, "Take it anyway you want, I don't
care." His entire attitude was to the effect that "This is
what I'm going to do. I don't care what your concerns are,
and if you don't like it you can go fight 'City Hall.'
The general consensus of the neighbors is that there is no
opposition to any part of the proposed zoning EXCEPT the
commercial area. We consented just j years ago to County
rezoning PUD for development of the ~qrcel as a retirement
home for this particular Developer, but now he wants to
further increase the density and use of the property to the
detriment of the neighborhood. He was not open to any
suggestions, such as low-density multi-family, etc. All he
wants is commercial and actually threatened to seek C-1
zoning for the entire parcel. He admitted his sole motive
is profit. He admitted the commercial zoning would lower
the property values of the single-family residences in the
neighborhood. Evidently he has not heard of the recent
cases where such re-zonings have been considered "takings"
and subjected the City to suits for losses in value, which
suits have been successful."
Mr. and Mrs. Alexander Rothe
13131 W. 31st Ave.
Golden, Co. 80401 279-7359
"Our neighbor, Mr. Roland J. Brumbaugh, who lives next door,
stated our case explicitly in his letter to you of 9-28-88.
Please do not rezone commercial. 32nd Ave. and the Highway
70 off and on ramps, plus the new Adult Education Center in
the former Manning Jr. High Bldg., plus traffic from Coors
Plant and Golden make 32nd Avenue one huge traffic mess. We
don't need more."
Mr. and Mrs. Eugene Mauldin
3195 Zinnia
Golden, Co. 80401 279-8377
"There were two areas of strong disagreement, and there was
no apparent attempt to reconcile these differences.
I. The residents of the surrounding area do not want that
piece of property annexed into Wheatridge.
From our past exposure and experience with the
Wheatridge City Council, we are very much aware that
they do not care about our concerns for our property
values nor the unpleasant changes that will affect our
lifestyles.
While we,
voice our
service.
felt, nor
what they
ridge, we
in the past, have been given the 'right to
differences, this proved to be merely lip-
We were told that no matter how strongly we
how many of us protested, Wheatridge would do
wanted. Since we were not residents of Wheat-
were not entitled to a voice in their affairs.
4
This past experience has left a very bad taste in our
mouths for doing more business with Wheatridge.
II. The residents of the surrounding homes do not want pnv
of the said property rezoned commercial.
While there was a feeling of willingness to work with
the property owner regarding his plans for the church,
parking lot, and homes, there was strong disagreement
to having the front part of the parcel of land rezoned
commercial.
They feel that we have enough commercial property to
cope with in the motel, restaurant and the balance of
the property that hangs like a giant axe over our
heads.
What has already been done has adversely affected the
property value of our homes. We feel that the price
range of our houses, and the nature of the neighborhood,
warrants some thought to any more such commercial
venture in our area.
PLEASE WORK WITH US -- NOT AGAINST US"
Mary and James Gustafson
13045 W. 30th Dr.
Golden, Co. 80401 278-7277
"We have several concerns over the proposed rezoning and
annexation to Wheat Ridge of the above property. Among
these are the increased traffic to a residential area;
further infringement in a residential area by commercial
interests; questions as to upkeep of the adjacent streets as
to maintenance and snow plowing; concern over another
commercial area like the property north of 32nd which is now
an eye sore as well as an empty lot filled with weeds and
trash; ability of collector streets to handle any additional
traffic; increased noise level to the residential area as
well as bringing in additional non-residents to the area
leading to increased crime potentials; lack of Wheat Ridge
Police to patrol another area; addition of commercial
property to an already overbuilt and saturated business
development; concerns of non-Wheat Ridge residents over the
sincerity of the City to listen to our objections. After a
fruitless hearing over the Richter property rezoning north
r::~ ~'l~~ 1"]8 "'Yf")!')C"'- ~ 1;..,e can _, ~.. 4 __,.J ...l. -.: .J.i:- >. __-_nu; over
our objections. We also question the salability of any
residence lots so close to the on-ramp of 1-70 which could
also lead to empty weed-filled lots if not sold. Commercial
property would also bring more delivery trucks to a
residential area, as well as service vehicles like trash
L
Letta M. Van Dewerker
13150 W. 31st Avenue
Golden, Co. 80401 279-5425
"I am very much opposed to commercial zoning at 12930 W.
32nd Avenue. This is a RESIDENTIAL area and should remain
RESIDENTIAL. Commercial zoning is not compatible with
surrounding land uses. Commercial zoning would create a
terrific impact on traffic and public safety. The 32nd and
Youngfield area is a total bottleneck at the present time.
It would be IMPOSSIBLE if this area were zoned commercial.
Changes in this proposal to make it more acceptable to me
would be to build nice residential houses in this area.
THIS IS A RESIDENTIAL AREA, LET'S KEEP IT THAT WAY! I have
been a home owner at 13150 W. 31st Avenue since 1964 and do
not want my property values to go down."
William D. & Jeane P. Taylor
13100 W. 31st Ave.
Golden, Co. 80401 278-7014
"We are concerned about the following situations:
1. The annexation of the property into Wheat Ridge from
:Te-ffer!"t""'n Co"ntv wi 1.1 render the opinions of surrounding
Iwmeowners ciS not being of any value, since tne
homeowners will be Jefferson County residents and not
Wheat Ridge residents. We feel this is the reason for
the developer annexing into Wheat Ridge -- to put the
homeowners in a position of not having a say as to what
is done with the property;
2. The 5 homes to be built on the south part of the lot
would not be under control of the same covenants as the
homes surrounding them, thereby allowing unsitely
situations to occur, thereby reducing our property
values;
3. The commercial use of the north end of the property
would cause more traffic congestion on 32nd Avenue
between Zinnia st. and Youngfield, where congestion is
already a big problem at peak hours of the, day. It will
also cause congestion on Zinnia st. if there is an
access on Zinnia st.
4. We are concerned about the annexation of the property
into Wheat Ridge because we don't know if Wheat Ridge
will maintain the streets on the boundary of the
property (Zinnia st. and 31st Ave., and 32nd Ave.)in
::}-
the same way they have been maintained in the past by
Jeff. County. The maintenance we are referring to
includes snow removal as well as street repairs.
5. We understand the parking lot to be built on the east
side of the church will hold only 50 cars. We think
there will be an overflow of cars parked on Zinnia st.
on Sundays as well as other days of the week that there
are church activities. The situation of cars parked on
the street from the church would be a safety hazard and
would increase congestion.
6. We think commercial property built on the corner of 32nd
and Zinnia st. will not be compatible with the
neighborhood and will decrease property values because
potential buyers would not desire property close to a
commercial establishment as much as property not close
to it.
The people in the neighborhood have discussed taking
legal action against any parties responsible for a
decrease in their property value due to this annexation
or rezoning.
The developer said he was willing to work with
neighbors, but in direct contradiction, said he would
not stop his plans for annexation.
The developer said, at one point, that he could have the
property rezoned all commercial if he wanted to after
annexation if neighbors wanted to fight his present
proposal.
We want any homes built on the south part of the
property to be restricted by the same covenants as those
already in existence in the Applewood additions (or any
homes built anywhere on the lot)."
Carl C. Smith
13030 W. 30th Drive
Golden, Co. 80401 279-8098
"I agree with all of the above concerns, and am seeking
answers to the same questions."
Jacqueline Maiers
13110 W. 31st Ave.
Golden, Co. 80401 279-4602
"I wish to add my voice to the opposition of the rezoning of
this property. I do not object to five lots set aside for
housing, but do strenuously object to lots facing 32nd
Cb
Avenue being zoned Commercial. I understand the City of
Wheatridge desires to widen their tax base by incorporating
certain parcels of land as they did with Mr. Recter's
property across 32nd Avenue, where the restaurants and hotel
now stand. This has had a very negative impact on our
neighborhood. It is very difficult to make a right turn
onto 32nd from Zinnia st. because of the traffic backed up
at the two lights. I sometimes have to drive two block~
further to Alkire to make a left turn coming home in the
evening. Anymore commercial in this immediate area is only
going to make matters worse to say nothing of devaluing our
property. We can only hope that you will consider the needs
of the people who have made their homes here over the green
of the developer.
. ,
~
I'
1_.
, ,
I _ ~."
l-ut(f
/,(...."
, r
\..1/. D i %\'1 "-- ,I-
IV~ ..-v I. Ul
fO'VYi nl '~
Ut-lJdoF
Linda Sue Hoops
10765 W. 35th ~l.
Wheat Ridge, CO 80033
Dear Mayor Dan Wilde,
City Council,
and Dept. of Community Deveopment,
I am a Wheat Ridge resident now. But I wasn't when you
voted for the La Quinta Inn and the Kettle Resteraunt to go
in right across the street from myoId house. I testlil~d
before you then as a neighbor.
Now I
stop being
County.
am a citzen of Wheat Ridge, and I implore you to
a bad neighbor to the residents of Jefferson
Your responsibility to the citizens of Wheat Ridge
means more than just hauling in tax dollars wherever you can
find them, it also means being a good neighbor by not
forcing develo9ment onto their doorsteQs.
In your upcoming decision to annex the land owned by
Rex Haag, I can think of no motivation for you to approve
this except greed and the luxury of not having any to
neighbors with the power to vote you out of office.
I listened a few weeks ago as you each weighed the
issues surrounding the Widening of 32nd Ave. from Kipling to
Youngfield. That was a tough issue, and each of you spoke
your piece and voted your consci9us. Let Jefferson County do
the same. It is their citizens and their land, let Jefferson
County weigh the concerns of all involved.
If you send letters of notification about hearings
concerning this issue, I request to be on that list.
~inc rel,y, I/)/ .
J/Y\da ~, rPo-r
i~da Sue Hoops
10765 W. 35th Pl.
Wheat Ridge, CO 80033
424-1804 r
CITY OF VVHI:Af RIDG~
I r:1 ,- ~ r- ,: . '1 17 ~
0; ". ,.,~
'I I. . 1
~ 1: !~.J \ J
~MUllll'( l;L.:.._~. "....NI
Ir
Glen Gir1J~v
U.J.! <=l. LvI vi. . ..<JllIlldg
City of Wheatridge
7500 West 29th Ave.
Wheatridge, Co 80033
Oktober 7, 1988
Dear Mr. Gidley,
I would like to express my op1n10n regardi ng the proposed o.But".ger
King restaurant at the intersection of 1-70 and Young field exit.
I must sympathize with the people who live across the street from
the church. To build another fast food restaurant would only
depriciate the value of thier homes, disrupt thier lives to the
point that they would be no longer living in a residential area.
It is a fact one business always leads to another until they
would soon be living in a business area. The people moved there
to get away from the "Fast Food", or better yet "Barf Boulevards"
in the first place and they do not need it to follow them.
The city of Wheatridge has already made one grave error by
installing the traffic lignt at that location. \lho '.Icllll ::':.;;i::
being the idiot who would put two traffic lights within fifty
feet of each other?
Perhaps you should consider the fact that every day we live with
your mistakes. We need not have anymore.
May I ask "How would you like to have a Burger King built across
the street from your home?" I personally do not like it.
I would like to be able to drive down 32nd Ave. east from Zinnia
to Sheridan with out worrying about rippling the front-end of my
car, from your neglected road repair.
Please use your head on this one. Wheatridge would not prosper
from this added revenue. There are better ways to balance your
budget, and not at expense of the residents of this area.
Thank you, please express my view to the appropriate people.
, )
Cordially,
~ ';tU6~
Eric Hilburn
3345 Braun Rd.
Golden, CO 80401
EIi/ .
OCT 111988 ~
~ou u~ljll
COMMUNllY DE'illOPMElH
\..
'-
September 29, 1988 crr<
Mr. Glen Gidley
City of Wh~at Ridge
Department of Community Development
P. O. Box 638
Wheat Ridge, Colorado 80034
Dear Mr. Gidley:
I would like to go on record as opposing the proposed annexation
into the City of Wheat Ridge, and the impending rezoning or the
property located at 12930 W. 32nd Avenue, Golden, Colorado.
Currently, the property is a church located in a residential
neighborhood in unincorporated Jefferson County. It is Mr.
Haig's intent to become annexed into your city and rezone a
portion of this property commercial. He has no plan to develory
this ground himself, but to place a for sale sign on the
property once the new commercial zoning is in place.
Asside from the :;bv:.y.:..s i:i:t',:; ..':: :::.2 p'-:cp8rt~' 'n')~.ues in our
neighborhood doing a nose dive if a commercial development moved
in, I have several concerns:
1. The site is not compatible with the surrounding land uses
as the surrounding land is a residential neighborhood.
2. I can hardly get out of my street (Zinnia Street) on to
32nd avenue now with all the traffic backed up at peak
hours. It is my feeling that the highway department
would deny this development access off of 32nd Avenue in
which case the only alternate route would be down Zinnia
Street where families live and young children play. A
commercial development would certainly not help what is
already a highway nighware on 32nd Avenue..
3. A commercial development would have a negative impact on
the safety of the children who live and play in the
neighborhood. It would also be a safety factor for those
children who walk to Maple Grove Elementary School, and
those Junior High children who catch the bus to Everett
in front of Manning Junior High School less than two
blocks from the proposed commercial development site.
It was definitely my feeling that Mr. Haig had no "plan"
or concern for the neighborhood but was there because you
required him to do so. He has a buyer fs~ t~e c~uYch
portion (only) of the property, and is under the gun of a
January closing to figure out how he can manage to
accomplish this closing. His "plan" is to have you annex
him into your city, place residential for sale signs on
the back portion of the property, and a commercial for
sale sign on the front portion of the property. In my
opinion, this is not a "plan".
4.
I J....-
\
"--.
Page 2.
My concern is that the same thing that happened to the north of
me (where the Richter property is located) is what is going to
happen directly across the street from my $165,000 home. He too
got annexed into your city and got rezoned. I feel that once
annexed into Wheat Ridge, my concern& will fall on Jeaf edrs,
because I won't be a resident of your city which is what my past
experience dictates having been through this once before.
We as a neighborhood supported Mr. Haig's efforts to build a
l:...:;.L......LC...Hi:.:,H.... ~hh.llC. ....d.,. ...:.~,- ~v'....j,-.....""l:., ...;v ....; '--~..:; \r./il1~_ng to =~~._"..!'....::.1
reason. We are sorry he couldn't get his financing, but our
neighborhood shouldn't have to pay the price for that. Please
deny his request to be annexed and rezoned. Don't be Mr. Haig's
accomplice in destroying my neighborhood.
Prove all of us in Applewood wrong, prove that Wheat Ridge does
care about our neighborhood.
Sincerely,
fJ~ ~01!~~
Pamela Brumbaugh
3165 Zinnia Street
Golden, Colorado 80401
Home: 279-5498
Work: 42:::<-21.33
\-::-
____..__.._'-"'.u:..,'-"V....... ......4. ~J ...I&.....,.oi/,i.L.V
.. ,
Midwest Builders, lnc
FROM P.U.D.
SPECIAL USE PERtHT FOR filA
AT 12930 W. 32nd Ave., Golden, Colorado
THE LOCATION OF' THIS l-IEETING IS in the Church Buildinq on the property
THE TII.1E At/D DATE FOR TillS MEETING IS 9-27-88 at 7:00 P.M.
THE PURPOSE FOil TIiIS PROPOSAL IS To explain and discuss rezoning and
_use of property~
TO
IS PROPOSING ^ REZONING
RlA and C1
-- - - -- - - -- - - - -- - -- - - - - - ..., - -- -- -.... - - - - - -- - - - - - - - - - - - - -- - - - -- ----- ~ -" --
The City of Wheat RidBe has adopted a requirement that, prior to
application for rezoning of property to a higher use, or for
properties in excess of one (1) acre, and for Special Use Permits
which allow a special use of land, an applicant must notify all
residents within 600 feet and invite them to a Neighborhood Input
Meeting. The purpose of this meeting is to allow the applicant to
present his proposal to the neighborhood and also to allow the
neighborhood to express directly to the applicant, their concerns,
issues and desires. The kinds of concerns residents normally have
are a,s follows:
· Is the proposal compatible with surrounding land U3es and
zoning?
. Are there adequate utilities and services in place or proposed
to serve the project?
· What is the impact on our streets?
· Will there be a negative impact on public safety?
· Where will the storm drainage go?
· How will the project b~ designed to enhance rather than
detract from the neighborhood?
. What specific changes can be made in the proposal to make it
more acceptable to me?
· Was the developer responsive to your concerns and suggestions
by making modifications to his proposals?
After attending the Neighborhood Input Meeting, please use the
following space and the back of this form to list any specific
concerns, issues, or suggestions which you may have regarding this
proposal. Please sign it and give it to the applicant, as he 'is
required to provide these forms to the City along with his
application. Should you not give this form back to the applicant,
please fold, staple R~~ fu~il back to the City of Wheat Ridge using
the reverse side mall-back address on this form.
\
\l-
(: os ( rt'wS -fff- /
wz-trg-Ig
This letter is to voice our concerns about the proposed annexation of
the prope~ty at the sou~h-east corner of 32nd at Zinnia; and the rezon-
ir'j.J'': ;' \.HIC pJT't or t;l~l. lz..olJ (r.llvrlg J2i1Li) 'co comrnercldl.
We live right across the street from this property in question, and are
strongly concerned about any kind of commercial venture that goes in there.
We have been told, as we're sure you will be, that this being zoned
commercial will have no impact on the traffic along 32nd or Zinnia. We
were told this same thing when the La Quinta motel and the restaurant went
in across the street. It was a lie then, and it's a lie now. The traffic
around our house has gone from an easy flow and easy access onto and off
of 32nd, to bumper to bumper traffic from 4:00 p.m. on through 6:30 p.m.
in the evening, making it extremely difficult for anyone 1 iving on Zinnia
Street to get out or back home; and a mark increase in traffic accidents
at our corner.
Please consider the zoning of this front parcel of land to commercial, very
carefully. And give some thought as to the quality of life in the immed-
iate area. We are more than willing to work with the owner of the said
property to come up with some sort of an alternative.
Mr. and Mrs. Eugene Mauldin
3195 Zinnia
Golden, CO 80401
CITY OF WHEAT RIDGE
~~: ~;~:a~~
r
COMMUrmy [)c', ",,!' \
<;lL~<;..f-'_+\""'l C.LA]C --1-0 J k. V"'.~I'J",_{.,,,-( d..~v<LdE'< ~ -tf-\S
'l' looJ u\....J,(S ~"-^- ,;,J- \IJ vl_lc-l b--oervy\.\ss d"I-e.....'1=
~Q\1 '0,,('1'1 . U.
\J\!~ \~ l'L ((/C,+4<.<J tLv---C . '.. ?H ~'r'3 c\. -f~~+'fwJ -fd-Ci 11'1,,, <;t..c.l.(<;
/ I
~~~\e~ 14:...') Of 1:(0 BeLt,
- f I 'U' I ~
r ,,;<; Wou.Ld. '0...- 1\\.1'/ Objec-tu,,(.~fe, [r~'Ic. 1<; ()..1'(~~1
<;'€\J{?(e L, \ ~r/..c{;t .J. Lz S~ee+S p..-t- H.~-t '"", -t.qrsec.f,'",,- ~_
<,~L "- fl'{ckt-i VJo...JJ C(~4..-te ~"'(I!~...<;<A hi ':LA,. J-:;,
)J (,l'tt\~(O~ (e~~(tf~ Q X,<,t Gv... ~k t{fo,- ~ ~ fL
G~4;{ll ~~ ""Lz ('Ie; d\(e'(+~ io JL h ()( -I-t... t{ (VOSS
'3'2~ 1ft"e......Vt<. 6{t',,'.S~ t-"O:-t 6-.-." '1r",;. c' 5;r,,~s -ff~
ila:{ 1('<;'~iI;.d Cv..v(.t ",-t ~ b"HeV' f\eo..v bll fe{(J~'S
~<;iJ-R. ~~'rY'IQS W V- ~ k t-(.(rJs. Vci\~f'- {.~ -+. a.. ~
fe~~,d 6.--J.. fM1 [01 cle~~ I ('.(y iL~ 5~_ -tvl<4-L
-t(".(tl'C. '" Q'che",eL( ~-rle(Sb;w,1 1vc-k~(lcrj.;l 1 {-eep I
J{ tjOl\. ArE' Corl'.~j~c{ "\-0 1(~4-kl ~k {~2tM;1 r('/"~~
--L tx-~ ~O!'-.--,..~ OYLSI'J("(. (f7t;(Jt:!--..--!" !\eiJ.(~/ f/va-.... +L~.
\...)( CI.(€ t.\..-.. Jett-et'St-.(OU"""+1' Pk!.!e S-c~ 5~""'-Q (ed(;c-r-,~
U {€1Vlre. .;;d.€ {~ tt:f~(OV'(~ ki~{e ~ J~ve lop~
h ~Lllt~f'~ 4 C iJlT..1f'O'Vt(-e \
lh's +, ",L))
~lL;;~ ')1djj 0~t~~.--
K~I~'\4- LJHLJ, ~~~ :J-~b
\C,
(\1 ,.,,-L. 1..ed fl.l.L" .i),.
,
\
,-,'
UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLORADO
400 COLUMBINE BUILDING
1845 SHERMAN STREET
DENVER. COLOR"OO 80203
ROLAND J. BRUMBAUGH
.......IUtU..TCy JUDGC
:
~ September 29, 1988
Dear Neighbor: ~/f~I(rJJ "'S. -S t>JJ~)
Enclosed is my response to the Neighborhood Input
Meeting held September 27, 1988, at the church on 32nd and Zinnia
Street. I urqe you to complete your form and mail it to the City
of Wheatridge as soon as possible.
I am investigating some options we may have and I will
be contacting you in the near future.
Brumbaugh
. M~ 1//flff
)')7/ ~
aA.L--'
~~f~~'
1[~ r;;ii-1>A
/f1~.L.~t'~", I) & ~ cYo -ra/
__.......,,"" ,,['\/(1 ()Pu~NT I (j
COlI
NOTICE OF NEIGHBORHOOD INPUT MEETING
Midwest Builders, lnc
FnOM P.U.O.
SPECIAL USE PEnHIT FOR N/A
AT 12930 W. 32nd Ave., Golden, Colorado
TilE LOCAnO:1 OF THl:; HEETING IS in the Church Buildinq on the propertv
THE THlE AIID DATE FOR TillS MeETING IS 9-2)-88 at 7 :00 P.M,
TilE PURPOSE FOn TillS PROPOSAL IS To explain and discuss rezonlnq and
use of property.
TO
IS PROPOSI1G A REZON:~~
RIA and C1
-----------------------------------------------------------------
The City of Wheat Rid~e has adopted a requirement that, prior to
application for rezoning of property to a higher use, or for
properties in excess of one (1) acre, and for Special U~e Per:nits
which allow a special use of land, an applicant mu~t notify all
r~~id~nLs within 600 feet and invite them to a Neighborhood Inp~~
I~~etlng. The rurnose of this meeting is to allow the "n":-';~ ::
present his propo~al to the neiBhborhood and also to allow the
neighborhood to express directly to the applicant, their concerns,
issues and desires. The kinds of concerns residents normally ha.e
are as follows:
· Is the proposal compatible with surrounding land uses and
zoning?
/
· Are there adequate utilities and servioes in plaoe or proposed
to serve the projeot?
· What is the impaot on our ~treet~?
· Will there be a negative impaot on public safety?
, '
· Where will the storm drainage go?
· How will the projeot be designed to enhanoe rather than
detraot from the neighborhood?
· What speoific changes can be made in the proposal to make it
more aoceptable to me?
· Was the developer responsive to your oonoerns and'suggestions
by making modifications to his proposals?
After attending the Neighborhood Input Heeting, please use the
following space and the back of this form to list any specific
concerns, issues, or suggestions which you may have regarding th~s
proposal. Please sign it and Bive it to the applicant, as he i~
~equired to provide these rorm~ to tne City along with hlS
application. Should you not give this form baok to the applicant,
please fold, staple and mail back to the City or Wheat Ridge usi~g
the reverse side mail-back address on this form.
c:
The general consensus of the neighbors is that there is no
opposition to any part of the proposed zoning EXCEPT the commercial
area. We consented just 3 years ago to County rezoning PUD for
development of the parcel as a retirement home for this particular
Developer, but now he wants to further increase the density and
use of the property to the detriment of the neighborhood. He was
not open to any suggestions, such as low-density multi-fa~ily, etc.
All he wants is commercial and actually threatened to seek C 1
zoning for the entire parcel. He admitted his sole motive is profit.
He admitted the commercial zoning would lower the property values
of the single-family residences in the neighborhood. Evidently he
has not heard of the recent cases where such re-zonings have been
considered "takings" and subjected the City to suits for losses in
value, which suits have been successful.
67~~~-
r~t;/pJ>
~ ~ ( ~ 4A-~J~,pt/~
~~~J-~ ( ~ ~~
~~db,~e ,,-.--~
d~~~~~~, .~
~JJ;f!~(t~;:iI:;!:.':7~~ ~
~..-v~ .IJ) ~ " '~~"~/J~...J
~ ~~~ ~v-'~'-r ...
CIIY OF UHEAI RIDGE
DEPARHIENT OF COfU~UNITY DEVELOPHEIlI
P. O. BOX 630
IIHEA I R lOGE. CO 30034
/,/
CASE NOS WS-SR-l/wz-8S-1S
E,\liIDIT ~D'
March 15, 1989
Planning Department
City of Wheat Ridge
Wheat Ridge, Colorado 80033
To Whom It May Concern:
Regarding the proposed annexation of the property at 32nd Avenue
and Zinnia Street, I would like to go on record as requesting
time to speak at the upcoming City Council meeting to be held on
March 27th. There are still issues that need to be addressed
regarding the proposed annexation even though he it appears Mr.
Haig will allow the parcel to be zoned residential.
I would appreciate the opportunity to speak at this meeting.
Thank you.
Sincerely,
/! ,7 /'/~
;( j ^ V; ,.-<) ,:
{I/,. I.. J [( !--.)1'/&JIJ'-a,'
j,'-..-U nlf' VU "
, CI
Pamela M. Brumbaugh
3165 Zinnia Street
Golden, Colorado 80401
Home: 279-5498
Work: 422-2133
CITY OF WHEAT RIDGE
'~ ~(CQP n ll11J,if=llil'r,
r , '"" I!' i
d\ MAR :20 1S~0 . !l! I
\\~ ..L. '" ~l1J
l.,Gi,i",c;,dIY DEVELOPMENT
>>;t
~
~'1arc h 2(\, 191:;9
CITY OF WHEAT RIIJGE
m1 rP r;:::< r-:o r" :' i? i n
r ,- , " ,
, ' ' '----"- .. I \ I
\1 -./ ..... 1:1
, , , ,( "jC""" ,
''-'' ic'AR .,(\ I"G::) "I
lG\ .J'l hi'! -.J .~
\ ~ '
u\
.~
~ _j ~~~ '-__ _ ~ ~ _-l ~
"'Y':"j'11V D:V~\ Dh\\E.iH
\.)v:'ill/l..J1 I l_.....'-
~lr Pe:x: Haag, President
r--liljwest Eiuilljers
\ 1656 VJe';t ~~I'lth [it-cle
'vv'beat Riljge, Colorado 8(H)3?,
[leal' ~'lr Haa'~
A'; you m-e aware, The Applewood Property Owner'; A%ociation bas oppo~,ed Hie
anne~~ati on of tJle 1 and I~OU oVvn at 32nd A"ienue and Zi nni a to the City of \^!beat Ri dge i~nd
Hie reque':,t fot- t-e::oning t1Y Hie City of 'wlleat Ridge to C-l
We are pleose,j tJ,;~t 'doU flo\,oe withdrawn yow- request for [-1 t-ezoning ond ore opplying
fot- P-l A However, we hope that 'doU would not onnex to 'wheat Riljge and ~.tay a pot-I. of
unincorporoted ,Jefferson County ;~~, the Applewood l'1eso Area has tleen for Hie last 3(1
yeot-s We do not like to ~,ee our at-ea govetTled by different entities and we would me to
:,8e our ;~rea t-ernai n a t-e~, i dent i Ij I area
Vie do con'~ratul ate you on your new suMi vi~, ion norHI of 32nd Avenue vves t of A I k i tOe
[OUt-I. I I. wi 11 tie an a~,~,et to our nei gbt'orhood
Hlank IdoU for considet-ation of our t-eque~,t trlat the Area at 32nd A\,oenue and Zinnia ~,t;~ld 0
pot-t of uni ncorporated ,Jeff et-: on County
':,incerely,
/) !~
&~~__~'L L ~1(
.L
,
r-{. ~
[lot-i'; ~,teputi';, Pt-esident
Applewood Propertq OVvners Association .,..(.. ,:4'
14550 F oothi 11 Road ,-",-, /. ~~."-' ~/u <cZ- L J . L _/ /"'.
.. .. , -yv,;;q- ''/ .#--CL- /~..-<:~ --t'-<~--::7-
bolden. Loloraljo t11)401 J./,L./..<.c~r~d.;,<,. ~..?..4-~V-: ': U~~~ ~
279-675(1 d: ,. /~-' /'~-<'--?''''7-rL !/'. .
tv ~ t - L:-i!. ~.c/
[[ ~'lerediU)Peckert j{/2-f!:!':/? //"<;-.8',')-1. -<',~ I
[i ty of 'w'heBt Ri dge ~ -6 <t/~ ~-LL'7~ d . ~ f ., ~j~~
75(1() \'Vest 29tJI Avenue /u, <-...- U I 7' Y;:;.4.'~/ /p..;1-y'--
'vv'heat Pi,jge, Colorado 6(11)33 .d-c-?~ A'.-~ L~'-"'~ o::~~ o<~-
j~~ ~ ?L;f',jJ l' d~
/l d-<~ ~ ..~_Cc.-'.y<-../ .
I,
! !'
I' \
, ,
~i?
March 20, 1989
City of "1heat Ridge
7500 \vest 29th Avenue
\\/heat Ridge, CO 80033
Attention: Meredith Reckert
Planner II
In re: Case Nos. WZ-88-18 and WS-88-1, Your letter of 3/8/89
Thank you for the advice regarding the change of the WZ-88-18
request from C-1 to R-lA.
It is now our understanding that there is no active request
to change the 32nd Avenue and Zinnia Street property to allow
any commercial utilization in the foreseeable future.
At no time have we objected to the R-lA zoning and have none now.
However, for the record, we ask that if in the future we are
again confronted with the rezoning to C-l, that we again be
advised so that we may voice our objections thereto.
Also for the record we ask inclusion of our letter of 2/12/89
(which was not submitted at that time due to my tardiness), wherein
we have specified our reasons for the basic objections.
Said original letter is enclosed.
Your courtesies, both by the City Council and your gocd offices,
are very much appreciated.
Sinc~ely,
/
64<~<-7~~~'~~~
(/ '0
'- James H. Linkins
-I -. y>-/.
~ / ') -. ..-
;. VI...'''i''''' ()-, .<..~)~ /
k4~ M. Linkinsl
2725 Crabapple Road
Golden, CO 80401-1538
\Vheat Ridge City Council - February 12, 1989 - Page 2
Undoubtedly many, if not most, of our neighbors shop at the Applewood
Center.
However, if the congestion becanes greater at the present canplicated
series of intersections of Youngfield, 32nd, the frontage road from
1-70, the off-ramp and on-ramp from 1-70, plus the Zinnia street,
Zinnia Court and Alkire Street contributions, it may be intolerable.
Please consider that there presently is a two-segment signal at Alkire
and 32nd.
Thereis il FOUL<. segment signal at the west :=iilr of 1--70, ilS ':Jell as
another Four segment signal immediately east of 1-70.
At the November 3rd meeting there was a proposal of yet another signal
at Zinnia Street and 32nd Avenue.
Frequently in busy hours in the late afternoon we note vehicles wishing
to pr=eed west on 32nd Avenue from Youngfield both north and south
bound - as well as those from 32nd east of Youngfield all being squeezed
into one lane - which stalls in the southbound lane of Youngfield, thus
creating a gridl=k.
Consider how much this situation would be intensified if Burger King
custaners were added to a situation which already is unacceptable.
We strongly ask that you again reject the application for C-l zoning of
the property adjoining 32nd Avenue.
Thank you for your consideration.
'I\-.u of your supportive neighbors for 29 years
.' '~L~'k- ~.::-{r~~r:~)
I~/ James H. Linkins
-~(, - Ii) j _ I
~ I/:- /j I ~
/~ ",'/ (',/'
-' V'-.. ,. /' /1
K~ nY. Llnklns / ~ c... tc-<~,
CASE NOS WS-88-1/w:-SS-lS
EXHIBIT 'E'
TO:
FROM:
DATE:
RE:
MEMORANDUM
Approved ~~
Date
3/f>/M
.
Glenn Gidley, Dir. of Planning & Development
Bob Goebel, Dir. of Public Works
March 8, 1989
Corner Stone Annexation/32nd and Zinnia South
The proposed phasing, as outlined in the memo from Gillan
Engineering dated 3/6/89, is reasonable and we concur with its
conclusion.
Namely:
BG:fg
Phase 1 - Completion of curb, gutter and sidewalk, paving,
etc. along West 31st Avenue and along Zinnia Street adjacent
to Lots 2 through 7 prior to sale or development of those
lots.
Phase 2 - Completion of curb, gutter and sidewalk, paving,
etc. along Zinnia and West 32nd Avenue adjacent to Lot 1
prior to the sale or development of Lot 1.
CL- 1~~'
MEMORANDUM
TO:
City Council
FROM:
Glen Gidley, Director of Planning & Development
RE:
Annexation Petition - Midwest Builders at West 32nd and
Zinnia
DATE:
March 20, 1989
There are several specific actions before you relating to this
annexation request.
ACTION #1: After having held a public hearing on the Annexation
Petition, adopt attached Resolution No. 1130 as printed or adopt
after modification, or deny the resolution.
ACTION #2: If Council adopts Resolution No. 1130, then Council
Bill No. 368, the ordinance which approves the annexation, should
be adopted.
ACTION #3: If the annexation ordinance is approved, then
proceed to public hearing of Case WZ-88-18 (Council Bill No. 371,
which is a rezoning request. A separate staff report accompanies
this packet with details of this related request.
The original Council Bill No. 371 is included, however, we have
also included a Replacement Ordinance, which reflects the revised
application by deleting references to C-1 zoning.
ACTION #4: If the rezoning ordinance is approved, then proceed
to public hearing of Case WS-88-1, which is a subdivision
request.
GEG:slw
pc/memoMidwestBldrs
E..x4151/ f;
PETITION FOR ANNEXATION
THE UNDERSIGNED. BEING ONE HUNDRED PERCENT OF THE OWNERS OF THE REAL
PROPERTY DESCRIBED HEREIN AND PURSUANT TO C.R.S. S3J-J2-J07 (1). DO
HEREBY PETITION THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO.
TO ANNEX THE REAL PROPERTY DESCRIBED IN EXHIBIT A. WHICH IS ATTACHED
HERETO AND EXPRESSLY INCORPORATED HEREIN. INTO THE CITY OF WHEAT RIDGE
AFTER COMPLIANCE WITH ALL NOTICE AND HEARING REQUIREMENTS PRESCRIBED BY
STATUTE. AND AS GROUNDS THEREFOR STATE AS FOLLOWS:
J. IT IS BOTH DESIRABLE AND NECESSARY THAT SUCH AREA AS OWNED BY
THE UN[)ERSIGNED AND DESCRIBED IN AGGREGATE AND BY INDIVIDUAL OWNERSHIP
IN EXHIBIT A BE ANNEXED TO THE CITY OF WHEAT RIDGE.
2. THE AREA PROPOSED TO BE ANNEXED MEETS ALL APPLICABLE STATUTORY
PREREQUISITES INCLUDING:
(a) NOT LESS THAN ONE-SIXTH OF THE PERIMETER OF THE AREA
PROPOSED TO BE ANNEXED IS CONTIGUOUS WITH THE CITY OF WHEAT RIDGE;
(b) A COMMUNITY OF INTEREST EXISTS BETWEEN THE AREA PROPOSED
TO BE ANNEXE[) AND THE CI TY; AND
(C) NONE OF THE SPECIFIC LIMITATIONS SET FORTH IN C.R.S SS31-
J2-J04 AN[) -J05 ARE APPLICABLE TO THE PROPERTIES SET FORTH IN EXHIBIT
A.
3. THE SIGNERS OF THIS PETITION FOR ANNEXATION COMPRISE THE
LANDOWNERS OF ONE HUNDRED PERCENT OF THE TERRITORY INCLUDED IN THE AREA
PROPOSED TO BE ANNEXED. EXCLUSIVE OF STREETS AND ALLEYS.
4.
MAY HAVE
PROPOSED
RECORDED
RECORDER
THE UN[)ERSIGNED HEREBY WAIVE ANY VESTED PROPERTY RIGHTS THEY
UNDER STATE LAW WITHIN THE AREA TO BE ANNEXED. IF THE
ANNEXATION IS APPROVED. THIS PETITION FOR ANNEXATION MAY BE
BY THE CITY IN THE REAL PROPERTY RECORDS OF THE CLERK AND
OF JEFFERSON COUNTY AS EVIDENCE OF THIS WAIVER.
5. NO SIGNATURE ON THIS PETITION IS VALID IF IT IS DATED MORE
THAN ONE HUNDRE[) EIGHTY DAYS PRIOR TO THE DATE OF THE FILING OF THIS
PETITION WITH THE CITY CLERK.
6. NO PERSONS SIGNING THIS PETITION SHALL BE PERMITTED TO
WITHDRAW HIS OR HER SIGNATURE AFTER THE PETITION HAS BEEN FILED WITH
THE CITY CLERK.
7. THE UNDERSIGNED HAVE COMPLIED WITH ALL REQUIREMENTS OF C.R.S.
S31-J2-107 (J) IN PREPARATION. EXECUTION AND SUBMISSION OF THIS
PETITION FOR ANNEXATION.
WHEREFORE. THE UNDERSIGNED REQUEST THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE TO:
(a) APPROVE THE ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED AS
DESCRIBED IN EXHIBIT A~
(b) ACCEPT THE WITHIN PETITION FOR ANNEXATION~
(e) SET. PROVIDE FOR NOTICE AND PUBLICATION OF. AND THEREAFTER
HOLD ALL REQUIRED PUBLIC HEARINGS RELATING TO THIS REQUESTED
ANNEXATION~ AND
(d) DO ALL ACTS REQUIRED BY STATUTE AND LAW TO ANNEX THE
PROPERTIES DESCRIBED IN EXHIBIT A INTO THE CITY OF WHEAT RIDGE.
8. PETITIONER INTEND TO SUBMIT A REQUEST FOR REZONING AND
SUBDIVISION PLAT APPROVAL UPON THE PROPERTY SOUGHT TO BE ANNEXED
HEREBY. PETITIONER RESPECTFULLY REQUEST THAT THE EFFECTIVE DATE OF ANY
ORDINANCE APPROVING THE ANNEXATION REQUESTED HEREBY BE AFTER THE DATE
OF DECISION RELATING TO SAID REZONING AND SUBDIVISION APPLICATION,
PETITIONER FURTHER RESPECTFULLY REQUESTS THAT. IN THE EVENT SAID
APPLICATION FOR REZONING AND SUBDIVISION APPROVAL BE ACTED UPON IN A
WAY OR MANNER NOT ACCEPTABLE TO PETITIONER. THAT PETITIONER BE ALLOWED
TO WITHDRAW THIS PETITION FOR ANNEXATION. AND THAT ANY ORDINANCE
APPROVING THE ANNEXATION BE THEREAFTER REPEALED.
1 /} / ' ,
IJ :;.l.J{!:I-Z-f'~-Z~...L____1Z_:L-=-:!~ J
;tIWNER r DA TE
v
_~e!_~~~~_~C~~9~~~__________________
TYPED NAME
11658 W 40th Cir
-----------------------------------
ADDRESS
Wheatridge, CO 80033
-----------------------------------
SUBSCRIBED AND SWORN TO BEFORE ME THIS ___~__ DAY OF _~S;.,___________.
1985__,
MY COMMISSION EXPIRES:
____~~:~~~~_f~~__________
~' .-- .C!~' (i :z;-,
/ './ 1:'
. . . /- -'. /' C-~- - - ___.' ,/
~~~- - ~~-~~-------------
NOTARY PUBLIC
.;~..,~hl.!._e Ii'. I:"
_",.' "'~~O 1::. GI "'"
...'1t. <<..~"~C..O(l.c//.~1.O':~
....... '\,; ,.. .l.. ~~:..
f l ,,~:;)TAtl" \ ~
.;:O~ 4.~
.:., eO'..
':':,":"J...: ......... 4 ~=
;;. '\ 0 :~.. ~
::~ ~ : ::
~'. V'.. PUBl\t l';:j~
..... ~...l')~ .e \J .}
..', ~.. ~. ~ ... .~...
.... , 1.(:- ....... .....'-;10110 ~'
~',...; 0( 0 ~ ,.~ ~<J ',.,.;,:'
'''R r " of\.
JI',,!,U'lt.'~\1."
WZ-88-18
II ~,
~....,.....:
~.
j I
) \)'
I
RC;;l
w.z.80
R-C
L
n I
C\-I
a:
o
I
!
!
!
APLE
GROVE
Jtl LLAGE-
R-3 BLK /
_ll/A
. u~ "' L..
I
,
i .-
R-C
"1 Z I --
I ~ ,
- r \ /1
~ r .
, i
\ iBL
1:
I-
o
..,
SUP-BO- 7
I
ANNEXATION AREA ~\\ \ \ ~ J
I
REZONE/SUBDIVISION AREA ~ / / / /,'
~ I
. DIl-~~ I ;
~-<j
c-/
;0"1' ...
SUP.79.1
J l_
I P I
,
I '
..,
, , '
" I: I'
I ' ..,
, I ~
~
"'
II I
II /
/ /
(0
,
'"
~
"
Z
:0
o
,.
w 28TH AvE
L-.---.
L.
INTRODUCED BY COUNCILMEMBER
Council Bill #368
IBBISON
Ordinance No.
Sed.~o, of '-9R8
TITLE:
A BILL FO" ~ GRDINANCE ANNEXING CERTAIN PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Annexation. The following described real
property is hereby annexed into the City of Wheat Ridge,
A portion of land located in the Northwest 1/4 of the Southwest
1/4 of Section 29, township 3 south, range 69 west of the 6th
P.M., County of Jefferson, State of Colorado, described as
follows:
Commencing at the center of said section 29; thence S 89043'30"
W, along the north line of the southwest 1/4 of said section 29,
1322.49 feet; thence S 00035'32" E along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 60.00 feet
to the point of beginning; thence S 89043'30" W parallel to the
north line of the southwest 1/4 of Soid :"',lction 29, 687.46 feet;
thence S 00036'56" E along the west side of Zinnia Street, 541.98
feet; thence on a curve to the left with a chord bearing of S
85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south
side of west 31st Avenue; thence N 89043'30" E along the south
side of West 31st Avenue, 152.27 feet; thence N 07052'00" E along
the east side of west 30th Drive, 50.56 feet thence N 89043'30"
E, 453.06 feet; thence N 00035'32" W along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 497.95
feet to the point of beginning, containing 8.1187 acres more or
less.
Section 2. Annexation Map. A map in the form prescribed by
C.R.S.S31-12-107(1)(d) is attached hereto as Exhibit 1.
Section 3. Severability. If any clause, sentence
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any rGoson be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Ordinance No.
Series 1988
Pagel 2
Section 5. This ordinance shall become effective
day(s) after final publication.
15
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 2 on this 14th day of November , 1988,
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 January 9 , 1989, at 7:30
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
198_9.
, SIGNED by the Mayor on this
198'$.
day of
----.
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY n,Fp!<
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY
JOHN E. HAYES, CITY ATTORNEY
1st Publication: December 1, 1988
2nd Publication:
Wheat Ridge Sentinel:
Effective Date:
D
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 371 ORDINANCE NO.
Series of 1989
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
JEFFERSON COUNTY PLANNED UNIT DEVELOPMENT (P.U.D.) TO
COMMERCIAL-ONE AND RESIDENTIAL ONE-A, WITH CONDITIONS,
ON LAND LOCATED AT 12930 WEST 32ND 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 Midwest Builders, Inc. for
approval of rezoning with conditions in Wheat Ridge, Colorado,
Case No. WZ-88-18 pursuant to 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 Jefferson County Planned Unit Development (P.U.D.) and to
include in the Wheat Ridge Commercial-One District and the
Residential One-A District, the following described land:
TRACT A: Area to be Zoned C-1:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
Beginning at the west 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
said Section 29, 685.00 feet; thence S 00036'56" E a
distance of 60.00 feet; thence S 00036'56" E, 15.09 feet to
the point of beginning; thence continuing S 00036'56" E
along the east R.O.W. of Zinnia st, 165.61 feet; thence N
89043'30" E, 287.52 feet; thence N 03007'15" W along the
West R.O.W. of 1-70, 130.86 feet; thence N 45016'30" W,
70.70 feet; thence S 89043'30" W along the south R.O.W. of
West 32nd Ave, 217.01 feet to a point of curvature to the
left having a central angle of 90020'26", a radius of 15.00
feet, an arc length of 23.65 feet, a chord bearing of S
44033'17" W, and a chord distance of 21.28 feet, to the
point of beginning, said parcel containing 1.15 acres more
or less.
TRACT B:
Area to be zoned R-IA:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
ORDINANCE NO.
Series 1989
PAGE 2
Beginning at the West 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
Section 29, 685.00 feet; thence S 00033'56" E, 60.00 feet;
thence S 00036'56" E along the east R.O.W. line of Zinnia
st, 180.70 feet to the point of beginning; thence continuing
S 00036'56" E, 302.34 feet to a point of curvature to the
left having a central angle of 89039'34", a radius of 15.00
feet, an arc length of 23.47 feet, a chord bearing of S
45026'43" E, and a chord distance of 21.15 feet; thence N
89043'30" E along the north R.O.W. of West 31st Ave, 93.09
feet; thence along a curve to the right having a central
angle of 115042'07", a radius of 45.00 feet, an arc length
of 90.87 feet, a chord bearing of N 89043'30" E, and a chord
distance of 76.20 feet; thence N 89043'30" E, 117.20 feet;
thence N 03007'15" E, along the west R.O.W. line of 1-70,
317.64 feet; thence S 89043'30" W, 287.52 feet to the point
of beginning, said parcel containing 2.12 acres more or
less.
Section 2. Conditions:
The following conditions apply to the Commercial-One portion of
the property described as Tract A:
L
The following uses are excluded as permitted uses:
used car or truck sales, lumber yards, auto repair
hotels or motels, service stations and car wash.
new or
shops,
2. There shall be no outside storage or outside work areas
allowed.
3. There shall be no illuminated signs on the west or south
side of the property, except that one illuminated
"entrance" sign, not in excess of six square feet, to be
located at the Zinnia Street access, may be permitted.
4. No trash container or enclosure shall be permitted on the
west or southwest portion of the property.
5. Any roof top mechanical equipment shall be screened from
view by residences to the west.
6. Prior to issuance of a building permit, a site development
plan be submitted for review and approval by Planning
Commission and City Council.
Section 3. Vested Propertv Rights. Approval of this rezoning and
site plan does not create a vested property right. Vested
property rights may only arise and accrue pursuant to the
provisions of Section 26(c) of Appendix A of the Code of Laws of
the City of Wheat Ridge.
ORDINANCE NO.
Series 1989
PAGE 3
Section 4. Safety Clause. The City council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. Severability. If any clause, sentence, paragraph, or
part of this ordinance 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect
final publication.
days after
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ____
to on this day of , 1988, 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 , 1988, at 7:30 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 , 1989.
DAN WILDE, MAYOR
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
JOHN HAYES, CITY ATTORNEY
pc/ordMidwest
E)
Date of Meeting: March 27, 1989
Date Prepared: March 20, 1989
, J
\;
Case Manager: Meredith Reckert
TO: CITY COUNCIL
Case No. & Name: WZ-88-18 & WS-88-1/MIDWEST BUILDERS, INC.
Action Requested: Rezone from PUD to R-1A and approval of
a seven lot subdivision
Location of Request: 12930 West 32nd Avenue
Name & Address of App1icant(s)
& Owner(s):
Midwest Builders, Inc.
11658 West 40th Circle
Wheat Ridge, CO 80033
Approximate Area: 3.27 acres
Present Zoning: Planned Unit Development (Jeffco)
Present Land Use: Church and vacant
Surrounding zoning: N: PCD; ~: & N: Residential-One A
g: Agricultural-One
Surrounding Land Use: N: Commercial, vacant; ~: & N: Low
density residential; g: Interstate Highway
Comprehensive Plan for the Area: Suburban and Medium Intensity
Residential (Jeffco)
Date Published: March 6, 1989
Date to be Posted: March 12, 1989
Date Legal Notices Sent: March 8, 1989
Agency Check List (XX) Attached ( Not Required
Related Correspondence (XX) Attached ( ) None
ENTER INTO RECORD:
(XX) Comprehensive Plan
(XX) Case File & Packet Materials
(XX) Zoning Ordinance
(XX) Slides
(XX) Subdivision Regulations (XX) Exhibits
-----------------------------------------------------------------
JURISDICTION:
The property is under consideration for annexation within the
City of Wheat Ridge, and all notification and posting
requirements have been met, therefore there is jurisdiction to
hear this case.
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 2
I. REQUEST
The applicant requests approval of a rezoning from Planned
Unit Development in Jefferson County to Residential-One A
and for the approval of a seven-lot subdivision. Purpose is
for the creation of six residential lots in addition to the
existing church on the property. These cases will be
considered in the same staff report but should have separate
motions.
II. CASE HISTORY
The property was rezoned in Jefferson County in 1985 to
Planned Unit Development for senior citizen housing. The
plan allowed 133 units on 3.27 acres (40 units per acre) in
a 38,000 square foot building not to exceed 60' in height.
There was 48% landscaped coverage. Attached is Exhibit 'A'
which is a reduction of the schematic site plan.
In September of 1988 the owner applied for annexation,
rezoning and subdivision of this property. The owner was
requesting R-1A zoning on Lots 2-7 and C-1 on Lot 1 with
site plan approval for a fast food restaurant.
Planning Commission heard this request on November 3, 1988
and recommended approval of the subdivision and approval of
R-1A zoning on the entire property.
On March 7, 1989, Staff received notice that the applicant
wished to amend the rezoning request in accordance with
Planning Commission recommendations to R-1A on the entire
parcel. See Exhibit 'B'. The subdivision design has not
been altered.
III. SUBDIVISION DESIGN
The applicant is proposing a seven-lot subdivision which
corresponds with the zoning being proposed. Lot 1 which is
50,000 square feet in size fronts on both Zinnia and 32nd
Avenue. The existing church on the property would be
contained within Lot 2. A church is a use-by-right in the
City's Residential-One A zone district. A portion of the
church's existing parking area is located on Lot 1. The
parking area will be transferred to Lot 2 where paving will
be required.
The remaining five lots would, for the most part, access off
of West 31st Avenue. All of the proposed residential lots
exceed the 9,000 square foot minimum lot size requirements.
Staff is concerned that there may be insufficient parking
for the church. We therefore recommend a two-year building
moratorium be placed on Lots 6 and 7 (the rear two lots
adjacent to 1-70) in case parking for the church needs to be
increased. Should the parking prove not to be a problem,
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 3
the moratorium would be lifted. This would become a
condition of the zoning and would be added to the ordinance.
Should the Director of Planning and Development conclude,
however, that additional parking is needed, then one or both
Lots 6 and 7 would be required to be converted to parking
for the church. The Director's decision could be appealed
to the Board of Adjustment for final decision.
Right-Of-way dedications occur for the West 31st Avenue
access "bulb" and for the corner radii at the 32nd and
Zinnia and 31st and Zinnia.
Staff concludes that all requirements of the Subdivision
Regulations have been met.
IV. ADJACENT LAND USE AND ZONING
Zoning surrounding the property is Residential-One A
(Jefferson County) on the south and west developed in single
family residences. Interstate 70 abuts the property to the
east and to the north is a partially built Planned
Commercial Development. The southern portion of the Planned
Commercial Development has only an outline plan approval on
it allowing for all Commercial-One uses on the east and
limited Commercial-One abutting the residences facing Zinnia
Street.
Staff concludes that the proposed Residential-One A zoning
would be compatible with the existing low density
development in the neighborhood.
V. NEIGHBORHOOD INPUT
A meeting for neighborhood input was held on September 27,
1988. Responses from that meeting have been typed up and
included under Exhibit 'C'. Additional letters of input
have been included under the same exhibit. Exhibit 'D'
contains letters which have been received subsequent to the
request being changed.
VI. AGENCY REFERRALS
All responding agencies can provide service to the property
with certain improvements.
Applewood Sanitation District may require line extensions.
Lakewood Fire District will require the installation of two
hydrants.
Public Works
improvements
Exhi bi t 'E'.
has agreed to allow phasing of public
upon sale of those individual lots. See
The developer will be responsible for one-
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 4
fourth the cost of a stoplight at West
Zinnia street when it meets warrants.
32nd Avenue will be right-in/right-out
32nd Avenue and
Any access to West
only.
Colorado Department of Highways would like to deny access
to West 32nd Avenue.
VII. PLANNING COMMISSION ACTION
A public hearing was held before Planning Commission on November
3, 1988.
Regarding the rezoning, a recommendation for Conditional Approval
was made for the following reasons:
1. Although the property is not within the city limits of Wheat
Ridge it is proposed for annexation and all notification and
posting requirements have been met, therefore there is
jurisdiction to hear this case; and
2. Any type of commercial development based upon the information
Commission has received, is incompatible with the residential
land use to the south and west.
With the following condition:
1. That the request for Commercial-One be Denied and that the
entire property be rezoned to Residential One-A.
In regard to the subdivision, a motion for approval was made for
the following reasons:
1. All requirements of the Subdivision Regulations have been
met;
2. Although the property is not within the city limits of Wheat
Ridge, it is proposed for annexation and all notification and
posting requirements have been met, therefore there is
jurisdiction to hear this case; and
3. It would be compatible with the surrounding land uses.
The applicant has amended his request to comply with Planning
Commission's recommendation for the rezoning.
VIII. CONCLUSIONS AND RECOMMENDATIONS
In regard to the zoning, Staff concludes that the Residential-One
A's zoning and land uses would be compatible with adjacent
development on the west and south. Therefore, a recommendation
of APPROVAL is given for the rezoning with the following
condition:
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 5
1. A two-year building moratorium be placed on Lots 6 and 7 in
case parking for the church needs to be expanded. After two
years if the parking proves not to be a problem, the
moratorium will be lifted.
Staff concludes that all requirements of the Subdivision
Regulations have been met, therefore, a recommendation of
APPROVAL is given for Case No. WS-88-1 with the following
conditions:
1. The developer escrow funds equaling one-fourth of the
estimated cost of the traffic light at Zinnia.
2. Public improvements be constructed in accordance with the
Public Works memo under Exhibit 'E'.
IX. RECOMMENDED MOTIONS
Case No. WZ-88-18
OPTION A:
approval of a
12930 W. 32nd
"I move that Council Bill No. _, a request
rezoning from PUD to R-1A for property located
Avenue, be Approved for the following reasons:
for
at
1. All posting and notification requirements have been met, and
the property has been annexed into the city of Wheat Ridge,
therefore, jurisdiction is established.
2. The R-1A zoning is compatible with adjacent zoning and land
use.
3. Planning commission recommends approval of the R-IA zoning.
With the following condition:
1. A two-year building moratorium be placed on Lots 6 and 7 in
case parking for the church needs to be expanded. After two
years if the parking proves not to be a problem, the
moratorium will be lifted. Should the Director of Planning
and Development conclude, however, that additional parking is
needed, then one or both Lots 6 and 7 would be required to be
converted to parking for the church. The Director's decision
could be appealed to the Board of Adjustment for final
decision.
OPTION B:
approval of a
12930 W. 32nd
"I move that Council Bill No. _, a request for
rezoning from PUD to R-1A for property located at
Avenue, be Denied for the following reasons:
L
2.
3. "
CITY COUNCIL - March 20, 1989
STAFF REPORT CASE NOS. WZ-88-18 & WS-88-1
Page 6
OPTION C: "I move that property located at 12930 W. 32nd
Avenue, be rezoned to Residential-One A for the following
reasons:
l.
2.
3. "
With the following conditions:
l.
2.
3. "
Case No. WS-88-1
OPTION A: "I move that Case No. WS-88-1, a request for
approval of a 7-10t subdivision at 12930 W. 32nd Avenue, be
Approved for the following reasons:
1. All requirements of the Subdivision Regulations have been
met.
2. Staff and Planning Commission recommend approval".
With the following conditions:
1. The developer escrow funds equaling one-fourth of the cost of
the traffic light at Zinnia Street, based on Wheat Ridge
Public Works Department estimates.
2. All public improvements be constructed in accordance with the
Public Works memo under Exhibit 'E'.
OPTION B: "I move that Case No. WS-88-1, a request for
approval of a 7-10t subdivision at 12930 W. 32nd Avenue, be
Denied for the following reasons:
l.
2.
3. "
pc/wz-88-18/ws-88-1/sr
Case No. NZ-88-1~ & WS-88-1
AGENCY REFERRALS SUMMARY
Fire: (Lakewood) NO RESPONSE
Schools:
Water: (Consolidated Mutual) CAN SERVE
Sewer: (Applewood) ~1AY NEED LINE EXTENSIONS
Mountain Bell: NO RESPONSE
Public Service Co: NO RESPONSE
State Land Use Camm:
(if over 5 acres)
State Geologist:
State Highway: REr.oMl'lF.NOING NO ACCESS BE ALLmlED TO 32NO AVE.
Jefferson County: 1IF.GOMr.1ENDING DENIAL OF TilE COMl'lERCIAL REZONING
(HEALTH - COMMISSIONERS - PLANNING)
Adjacent City:
Other:
CITY DEPARTMENTS
Public Works: IS REQUESTING CHANGES TO LEGAL. WANTS ALL PUBLIC. nlPROVf.~IENTS BUILT
AT TilE SAME TIME
Parks & Recreation: NO RESPONSE
Police: CAN SERVE
Building Inspection:
~.
::: '.
..... .
""
~'. 'f":'
J I
. .
--.-
I )\S~
--- ---
I
I !
ANNEXATION AREA \\ \ \ ~ /
REZONE/SUBDIVISION AREA ~II' ,/ I
_ !1;,
I
'!>o......
. / ~ (
,
I '
I .
J ! ~ I
/ II /
I /
W 28TH AVE
I /
/
WZ-88-18
L-.------
- - W 32ND VE
C-I
RC;:./,
WZ.B
r----
.
R-C
l
R-I
::::;
:~:r:
;~~~
::::
:~m ~
'\l~. :.
lll-
....
',','
APLE
GROVE
VI ~j~~A72~
R-3 BLK /
I ,
_MA
_uJ~L__
~\-
x
SUP-BO-7
I.
c-/
R-C
Sf
SUP - 7 9. I
.:.:.
.....
::~::
l-
Cf)
Q
--'
'!!
~
Z
::l
~
w~-rr~~
"
~
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 11
Commissioner KILLIAN stated he would not remove the elimination of
access to Kline street, as he shares the same concern Mr. Gidley has
if the property use changes.
,
Commissioner WINGER therefore refused to second the motion.
Commissioner CERVENY seconded the motion with a recommended amendment.
Commissioner CERVENY recommended that the Kline Street access be
restricted to passenger or similar-type vehicles. Should the Kline
Street exit be utilized by other than passenger vehicles, the City
will retain the right to eliminate that curb cut.
Commissioner KILLIAN accepted the recommended amendment to his motion.
Motion carried 7-0.
B. Case No. WZ-88-18 and WS-88-1: An application for
approval of a rezoning from Planned Unit Development (PUD) in
Jefferson County to Commercial-One and Residential-One A and for
the approval of a seven-lot subdivision at 12930 West 32nd
Avenue.
MS. Reckert presented the staff report. Chairman ECKHARDT accepted
the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations,
case file and packet materials, s~ides and exhibits.
Ms. Reckert had a schematic site plan from the applicant which she put
on the overhead.
Ms. Reckert had received a letter in opposition from an adjacent
resident and a recommendation for denial from the Jefferson County
Planning Department, which she read aloud. These items were made a
part of the record.
Commissioner CERVENY asked what kind of traffic count was anticipated,
based on C-1 zoning restrictions.
Ms. Reckert stated that a traffic count would be difficult to estimate
unless a plan for development was specified. She added that one of
the figures provided by Jefferson County might be slightly high, but
they were indicating worst-case scenario.
Commissioner SCOMA inquired if the City had talked with the applicant
furnishing a PCD.
Ms. Reckert stated that the city had done so, but applicant had
refused.
Commissioner JOHNSON asked if another traffic light was installed at
Zinnia, how far would that be between stop lights.
Ms. Reckert was not certain of that distance.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 12
Mr. Gidley added that only if the frontage
traffic light be installed, and that light
be installed at Zinnia.
road was re-located could a
at the frontage road would
Commissioner SCOMA asked Mr. Gidley if there is to be a west service
road.
Mr. Gidley answered currently there is a west service road and the
discussion has been should the service road be relocated further west
aviay from the 1-70 ramps. No final plans have been approved.
Commissioner SCOMA asked if it would go south past West 32nd.
Mr. Gidley stated that it would not continue south, it would stop at
West 32nd Avenue.
Lee Gillan, 5126 West 38th Ave. was sworn in. Mr. Gillan stated that
the applicant had decided not to proceed with a PUD, but instead to
change the zoning to C-1 with restrictions because at this time,
applicant is not certain how he wants to develop the property. Mr.
Gillan explained how trees, shrubs and grass would be used to blend in
with the surrounding area. He added that 300 vehicle trips for a
fast-food restaurant would be more accurate according to his
calculations. He stated that they planned to widen West 32nd Avenue,
as it is fairly narrow at that point and adding a left turn lane for
Zinnia Street. He added that the site does not lend itself to
residential lots because of a high volume of traffic on the 1-70
Frontage Road and West 32nd Avenue.
Commissioner KILLIAN stated he would like to correct Mr. Gillan when
he stated that the 1-70 Frontage Road runs along the site, it is
really the on-ramp.
Mr. Gillan acknowledged that correction.
Commissioner KILLIAN asked Mr. Gillan about access onto and off Zinnia
Street and wanted to know if the applicant was contemplating one or
more curb cuts.
Mr. Gillan stated one curb cut onto Zinnia Street on Lot One was
planned 180 feet south of the West 32nd Avenue right-of-way line.
Commissioner CERVENY
on the staff report.
acceptable.
pointed out that staff had made 6 recommendations
He wanted to know if these recommendations were
Mr. Gillan stated that should a restaurant be built, the applicant
might want a small directional illuminated sign.
Mr. Gidley states the site plan states the proposed sign would be 2'
by 3'.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 13
Mr. Gillan stated that all other recommendations would be acceptable.
Mr. Gidley stated that regarding recommendation #5, the intent of
staff was that the landscape buffer be a densely vegetated view-
obscuring type buffer, not just 30' of grass or the minimum number of
trees. Also, Mr. Gidley questioned Mr. Gillan's agreement to
providing City with a site plan. Mr. Gidley understands applicant
feels the site plan provided is adequate.
Mr. Gillan stated that site plan currently being shown was what
applicant is proposing, leaving the interior area of the site open for
development.
Chairman ECKHARDT asked for clarification of an area on Zinnia Street
designated landscape buffer, but indicating a curb cut.
Mr. Gillan stated it was a driveway and not landscaping.
Commissioner JOHNSON asked Mr. Gillan if there would be a restriction
as to the size of home that would be built.
Mr. Gillan did not believe there was a minimum size building
restriction.
Commissioner JOHNSON asked if the covenants would correspond with the
surrounding area.
Mr. Gillan felt certain they would.
Chairman ECKHARDT noted the City does not enforce covenants.
Commissioner WINGER asked if the applicant had made a decision
regarding what he might put on the site.
Mr. Gillan stated that he is currently considering several offers.
Commissioner JOHNSON asked if the buyer for the church was planning to
increase the size of the building.
Mr. Gillan stated that the buyer is happy with the size of the church
and has no plans to enlarge it at this time.
They may, however move the parking area from the north to the west
side of the church.
Jack Reddish, 13705 Braun Road was sworn in. Mr. Reddish was
concerned that the zoning will change the character of the
neighborhood. He added that many commercial properties are located
east of 1-70 and he sees no reason to change the zoning of this site
to commercial. He asked Commission to deny this rezoning request.
"
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 14
Commissioner WINGER asked if Mr. Reddish objected to the church.
Mr. Reddish answered he had no objections to the church.
J. H. Linkins~ 2725 Crabapple Rd. was sworn in. Mr. Linkins was
concerned about the present traffic problems in the area and the
proposed installation of additional traffic lights. He was opposed
allowing any commercial use of that site.
K. M. Linkins, 2725 Crabapple Rd. did not wish to speak but opposes
the rezoning.
Kevin Nichols, 842 23rd street was sworn in. Mr. Nichols was
representing the Jefferson county Planning Department. He reiterated
that the proposal is inconsistent with Jefferson County's general land
use plan which recommends low-density residential use for the
property. The major problem would be the traffic impact. Mr. Nichols
admitted the vehicle trip figures were high due to applicant not
providing information about how the property will be developed.
Commissioner CERVENY asked how large an area the PUD for elderly
housing encompassed.
Mr. Nichols answered it covered the entire piece of property.
Commissioner CERVENY asked if a developer wanted to utilize a portion
of the property for elderly housing, what would be staff's
recommendation.
Mr. Nichols stated that Jefferson County recommends low-traffic land
uses for the area, and elderly housing was viewed as something that
would have similar traffic impact to single family residential.
Commissioner CERVENY asked what other types of uses fell into that
category.
Mr. Nichols answered that a church would be a good use.
Commissioner CERVENY suggested a research center.
Mr. Nichols saw traffic problems with that use for the site.
Roland J. Brumbaugh, 3100 Zinnia Court was sworn in. Mr. Brumbaugh
was present as a resident and as attorney-in-fact for his sister who
resides at 3185 Zinnia street. Mr. Brumbaugh pointed out some updates
on the aerial map viewed on the overhead. Mr. Brumbaqgh stated that
his feelings echoed Mr. Nichols' and asked the Commission to eliminate
the access onto Zinnia Street.
"
'.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 15
Edward Wilson, 3125 Zinnia street was sworn in. Mr. Wilson was
concerned with the proposed change to the parking lot of the church.
He stated that reducing the size of the church lot is not feasible
because the lot is already full to over-flowing. Mr. Wilson pointed
out much commercial land lies vacant in the surrounding area. He
feels with the possibility of a fast-food restaurant so near an
elementary school, a hazard would be created.
Connie Mauldin, 3195 Zinnia Street was sworn in. Ms. Mauldin pointed
out her house on the overhead map. Ms. Mauldin stated that her home
has been severely impacted by the commercial development across the
street. She was very concerned about the proposed illuminated sign.
At night her house is completed lit up by the lighted sign across the
street. She and her husband oppose the commercial part of this
proposed development.
Norm Ross, 3145 Zinnia Street was sworn in. Mr. Ross felt the
rezoning would not be advantageous to the City, as he felt any tax
income would be out-weighed by the traffic problems created. He
stated he and his neighbors would suffer a loss in property values
should the commercial development be approved. He is opposed to this
rezoning because he and his neighbors have no information about how
the property would be developed. Mr. Ross feels this commercial
development is not compatible in a residential area.
Pamela Brumbaugh, 3165 Zinnia Street was sworn in. Ms. Brumbaugh
stated that without a plan submitted, she couldn't see how Commission
can make a proper decision about a commercial development. She felt
the neighborhood should have input about any restrictions, including
access to Zinnia Street.
Chairman ECKHARDT reminded those present that the case before
Commission is for approval of C-l zoning. He added that applicant did
want the option of a fast-food restaurant. The applicant did want to
have access to Zinnia street.
Mr. Gidley gave a brief report of annexation law and informed
Commission they did have alternatives such as rejecting the C-1 zoning
and rezoning the entire parcel R-1A.
Gary Walker and Gere L. Walker had left the meeting after signing the
roster to speak.
Carl Eiberger, 14330 Farview Lane was sworn in. Mr. Eiberger
commended Commission for listening to the concerns of residents not
living in Wheat Ridge. Mr. Eiberger gave a brief history of
annexation of land North along West 32nd Avenue. He reiterated that
there are many commercial vacancies in the area. He also was
concerned with the additional traffic impact.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 16
Commissioner CERVENY asked Mr. Eiberger if he supported R-1A zoning
for the entire parcel.
Mr. Eiberger stated that he was in favor of R-1A.
.
Craig Corbin who had signed the roster to speak chose not to due to
the late hour.
Lee Gillan commented that the applicant planned to make improvements
to the intersection including re-alignment of the frontage road. Mr.
Gillan stated that the applicant had been unable to market the
property with the present zoning. He added that the group purchasing
the church is a smaller one needing only 50 parking places and 70
spaces have been provided. Mr. Gillan stated that during neighborhood
meetings the applicant never led the neighborhood to believe an access
on Zinnia street would not be requested.
Commissioner CERVENY asked Mr. Gillan if the applicant would accept R-
lA designation for the entire parcel.
Mr. Gillan stated he doubted that would be acceptable, as the parcel
on the north side of the property is undesirable to build a home on
and the purchaser of the church does not wish to purchase that land,
leaving a vacant piece of land.
Mr. Gidley commented that Mr. Gillan was missing an opportunity. If
R-1A zoning is accepted the applicant would gain the opportunity to
subdivide and sell all of the church and the house lots. The second
thing gained would be time to market and to come up with a specific
plan could be acceptable to the neighborhood.
Since there was no further discussion, ECKHARDT called for a motion.
Mr. Gidley clarified for Commission that two motions would be
necessary and that the subdivision decision would be made following
the rezoning question.
Commissioner CERVENY moved that Case No. WZ-88-l8 an application by
Midwest Builders, Inc. for approval of a rezoning for Planned Unit
Development in Jefferson County to Commercial-One and Residential 1-A
on property located at 12930 West 32nd Avenue be recommended for
CONDITIONAL APPROVAL for the following reasons:
L
Although the property is not within
Ridge it is proposed for annexation
posting requirements have been met,
jurisdiction to hear this case; and
the city limits of Wheat
and all notification and
therefore there is
2. Any type of commercial development based upon the information
Commission has received, is incompatible with the residential
land use to the south and west.
CITY OF WHEAT RIDGE PLANNING COMMISSION
MINUTES OF MEETING - NOVEMBER 03, 1988
PAGE 17
With the following condition:
1. That the request for C-l be DENIED and that the entire property
be rezoned to R-lA.
,
Motion seconded by Commissioner WINGER. Motion carried 7-0.
Chairman ECKHARDT called for a motion for the next case.
Commissioner CERVENY moved that Case No. WS-88-1 an application by
Midwest Builders, Inc. for approval of a seven-lot preliminary and
final subdivision plat for property located at 12930 West 32nd Avenue
be APPROVED for the following reasons:
1. Although the property is not within the city limits of Wheat
Ridge, it is proposed for annexation and all notification and
posting requirements have been met, therefore there is
jurisdiction to hear this case; and
2. It would be compatible with the surrounding land uses.
Commissioner WINGER stated he would second the motion with an
amendment that all requirements of the subdivision regulations have
been met.
Motion carried 7-0.
9. OLD BUSINESS
Commissioner CERVENY moved that the Chairman represent Planning
Commission's viewpoint regarding the grant for West 32nd Avenue at an
upcoming DRCOG meeting to be held November 9 at 7:00 p.m.
Since neither Chairman ECKHARDT or Vice Chairman WINGER could attend,
Mr. Gidley was asked if he could attend the meeting and read into the
record Commissions resolution on West 32nd Avenue.
Mr. Gidley gave a brief report on two public input meetings held on
October 26 regarding the reconstruction of West 38th Avenue. Mr.
Gidley was pleased with the attendance and comments. He stated that
more meetings will be scheduled in the future. Commissioner WINGER
asked if Planning Commission would have the opportunity to discuss any
reconstruction of West 38th Avenue. Mr. Gidley promised to place it
on a future agenda for a study session and prepare it for public
hearing.
10. NEW BUSINESS
Mr. Gidley reported that Lakeside Mall has filed a petition with the
court for disconnection with the City of Lakeside. The intent is to
disconnect from the City of Lakeside and annex with the City of Wheat
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO. WZ-88-18
LOCATION: 12930 West 32nd Ave.
APPLICANT(S) NAME: Midwest Builders, Inc.
11658 West 40th Circle
Wheat Ridge, Colorado 80033
OWNER(S) NAME:
Same.
REQUEST:
An application by Midwest Builders, Inc., for approval
of a rezoning from Planned Unit Development in
Jefferson County to Commercial-One and Residential-One
A on property located at 12930 West 32nd Avenue.
WHEREAS, the City of Wheat Ridge Planning Division has submitted
a list of factors to be considered with the above request, and said list of
factors is attached hereto and incorporated herein by reference, and made a
part hereof; and it was moved by Commissioner CERVENY seconded by
Commissioner WINGER that Case No. WZ-88-18 be forwarded to City Council
with Planning Commission recommendation for CONDITIONAL APPROVAL for the
following reasons:
That the entire property to be annexed be rezoned to Residential-One A for
the following reasons:
1. Although the property is not within the city limits of Wheat Ridge it
is proposed for annexation and all notification and posting
requirements have been met, therefore there is jurisdiction to hear
this case; and
2. Any type of commercial development based upon the information
Commission has received, is incompatible with the residential land use
to the south and west.
With the following condition:
1. That the request for C-1 be DENIED and that the entire property be
rezoned to R-1A.
VOTE:
YES: Eckhardt, Scoma, Cerveny, Edwards, Johnson,
Winger and Killian
NO: None
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing Resolution
was duly adopted by a 7-0 vote of the members present at their regular
meeting held in the Council Chambers of the Municipal Bu~lding, Wheat
Ridge, Colorado, on the 3rd day of November, 1988.
Robert Eckhardt, Chairman
WHEAT RIDGE PLANNING COMMISSION
Sandra Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION
CASf NOS WS-RR-l/WZ-RR-IR
I'\IJI 'HT 'A'
,
~t '_4. ......._.......... ~..-..
.~~~~-- -
"~,:.1'f-'i~~": "',
: ,
1 . 2~='2+-
3 :.
. ;
I i ~ 'j ~'~.;;\,'T.....TF1
~'~r-~~I~'~:~ ':1
II I ~:''--'l..T--.-:1 -_..,.~~iJ:.. \...., I
i 11".1,,' , .I: L ~!!
e "r., II. ,., " C ;jl
~~;1~~~~~ll\~_~ - .~ \ ~ .
'';.;~i'r-0) I'R,Ill .
_.._J \'. I ,. ! I'
CASE NOS. WZ-88-18/WS-88-1
EXHIBIT 'A'
Ii
l~ !~~ j
1 i ,; .-,
~~ ,,'d I';:
q J~j"~
h i :'i~
~~ ~~?:~r
iI ''',II
;; ~ ":~" ~ ;;
, 1,;li
. ,
'::.1!
(;(.~
,<" i:.::;
"',"",+.)
'j''-'"''''
" l' ~ ~~L 1'" ~
" ~ ~ ~ i:::i = ~
k.~j ;'~ji~.H~
~i~~~ f~ J""-
g! !:J xlJ ~;E
"0'. ",~.. .0 .,.,
!;
;1
jl ~!
n il
iJ 1;
-".;!.,
~ "; i'~ ::
d. 'E"
li~ is.!.
~ I J 3>-i r
~ 11-. t i 1
\? ...
~I~~; ~l :
r
'.
l ~
el
.,
I or
~~"E;'::~~-!:--L--'PO"" ;r' ....".... .-'",",,~:, "'.
--.- Xl~"'____ 0
. ;, _ 'L __ _ __ __ _ _
-f'j I" '~r'X ;
c . :...- O' Ul .~<" n
!, I':;
~,
- . j ,
r
z
o
H
en
H
>
H
o
(IJ
::J
en
n
o.
-.
.,
"
,
a.
. .
.0
'"
w
z
o
I-
en
([
w
z
([
o
u
,
0,
, "
~
:~
'!:
~:
!:
iT
.
. ~
..
,
l~
, 'j
'-~
ii-
"
, ,
!-
: I
.
l.!
n:
..{
. ~ ,
I'
~ ; I
"
;q
q.
'..
I;r
=il
);1;111'
t ~ , ' ~ I
~?, ~~:};~~ :, H,.
6~:;~H~~
~
,.
~
:,fJr--fl1: "
. I,
~I
!
c,
i"
d: J
.;~t~.; ~ ~ l=t;)! ~:{
r~j! I l ~ 1:;1~~~ i:'
Lj~l !'!:; h";;:n ql
Qi":: i ~ -; ~t'i~h ;;,1 J
~~ti~~:~:-f.~j i'l
~~Bd~lHjl;i~ ll~
-----,
,.
. _ _ __.:::i.~;; ;,~.I,:,t:~~~:":7.;:~:.,~'~,,_',:~\<'>
"
1::1;
; I;'" ',i.
:1 \'C~"ci
I ~
I r;
;: 1\",
~I .
,
I
" I
, 'I
I,i' :
I
~-
I
I
I
I
C" . ---J-=-~'n:'=~_-J~:-('
, .: I
, .,. : "
: I :
, .
'. ,
.(,' :iA I
...,., I:'
t "'. ';.::
, ~.. .f... ------r; I
, i
: I
, '
: {i
: :1'::;
" ,
, '
~;J:\:.~ \::;1
~.."', \-..\
,.- ',\ ('"..
:; ~;l · ,1' f' l;
~ ., - I~ ~ .... ..
~il-~ I - ~ ;
~ I _--!.~
~ --..~. ~
. ".
,I
'!.
n
J~
'"
!
, , .
,:1.
:' ~I;:: i
, ,
, ,
, , ,
~.
~'-- --~-
, I '
, ,
, ,
, ,
_0" .......
I
'I
'I
- ---- ",",.;'
-._~~- I,/~U'"
l~r "'C -l..l.-L.c-...j.l_~~~'.____ I'.'
______ '11" - r.o.. 0..
~~---~~:--
I""--~'- I
~--I
,
.-
"
..~.
'. v t t
!:i) i J
Il;:ll, ,
j:; ~! ~; I'
';11
~ t ~ ~; l ~
ig
~~ri
1 ;~~H
'I
I n
'.
.. ,
, ~ ':
,.,
',.
::1
f II
[ I:
'1
; I
, r I
J I I
! ~ I
"
I : i
:1
I :jl
Ii; I
. !
,
i ~ j'
;:1
-~'-
~I ,;
~i j
ill
~I-
'--'
d
[:
;,
~;~;;~:!~;~'::~:::-.:.;:.
::::::::~=:::o~a.
i;;;;~~;~~: ~gg;;:<:q;g::i:~~~;:
~ .~r:;~~~~~~~zz:
... ...~....... "
~~~~~,i.::,:: :~i:~;g~g;::::i~~:~
!::::I::l:: B~~i[:28:~t:r~~
reccc:eC.l. 1...~iJ=:lt:~:
..............
....:.,. .-t,....,
CASE NOS. WS-88-1/WZ-B8-18
EXHIBIT 'B'
c'..,
. T r
i GILLAN'S ENGINEERING, INC.
.....G- Engineering
l Architecture
5126 W 38TH AVENUE
DENVER, CO 80212
303/480-0471
M:;~~l;~~>' ~
b U \J L:::l
COMMUNITY DEVELOPMENT
PROJECT MANAGEMENT, ARCHITECTURE, ENGINEERING,
LAND DEVELOPMENT & SURVEYING
l'IARCH 6, 1989
J'lEREnITH RECKERT
CITY OF WHEAT RInGE
7~.00 W 29TH AVE
WHEAT RInGE, CO 800:i3
RE: CORNER STONE ANNEXATION. ZONING AND SUBDIVISION
DEAR J'lEREDITH,
AS YOU ARE AWARE. J'lIDWEST BUILDERS NO LONGER HAS A COJ'lJ'lERCIAL CONTRACT
ON LOT 1 OF THE ABOVE PROPOSEn SUBDIVISION. AT THIS TIJ'lE WE WOULD LIKE
TO APPLY FOR AN R-IA ZONING FOR THE ENTIRE SUBDIVISION AND WITHDRAW OUR
LANDSCAPE PLAN FOR LOT 1.
J'lIDWEST BUILDERS WOULD LIKE TO PROPOSE COMPLETION OF THE ROADS IN
PHASES, AS FOLLOWS:
PHASE 1: CURB, GUTTER. SIDEWALK AND STREET ALONG WEST 31ST AVE. AND
ZINNIA ST. ADJACENT TO LOTS 2 THROUGH 7. BEFORE SELLING OR
DEVELOPING LOTS 2 THROUGH 7 OF CORNER STONE SUBDIVISION.
PHASE 2: COJ'lPLETION OF ZINNIA ST. ANII WEST 32NIl AVE. AD.:U.C.ENT TO LOT
1. BEFORE SELLING OR DEVELOPING LOT 1 OF CORNER STONE
SUBDIVISION.
THIS WILL ALLOW THE FOLLOWING:
1. DESIGN OF WEST 32ND AVE. TO MEET THE NEEDS OF WHATEVER IS
DEVELOPED ON LOT 1. SOJ'lETIJ'lE IN THE FUTURE. THE NEED FOR
ACCELERATION AND DECELERATION J'lAY CHANGE ON WEST 32ND
AVE.
2. J'lIDWEST BUILDERS WILL RAISE THE J'lONEY NEEDED TO COJ'lPLETE
VEST :i2NII AVE.. WHEN A [IEVELOPJ'lEHT FOR LOT 1 IS FOUND.
:i. POSSIBILITY OF J'lORE DEFINITIVE DESIGN ON THE NORTH SIDE
OF WEST 32ND AVE. AT ZINNIA ST. COULD BE DEVELOPED IN
THIS TIJ'lE FRAJ'lE.
THANK YOU FOR YOUR HELP AND COOPERATION ON THIS PROJECT.
j2/~'
LELAND E. GILLAN
LEG/.i
CASE NOS. WS-88-1/WZ-88-18
L\IlIDIT
1('"
',.
Ron & Maureen Reed
13090 W. 31st Ave.
Golden, Co 279-6041
"We are opposed to the commercial zoning of this land. One
major problem is the increase in traffic. Traffic is
already very heavy at this location and no solutions were
offered to alleviate the problem. The developer did not
explain why the land needed to be zoned commercial - other
than his desire to make a profit without regard to the
neighborhood. There is commercial land across the street
that is still vacant. Why is there a need for more?
The developer was not responsive to any of our concerns. He
stated the only reason for having this meeting was, it was
required. He clearly stated that he would not negotiate or
change his plan. He was planning on proceeding, no matter
what the outcome of this meeting. He plainly did not care
what our concerns were.'
We are struggling to raise a family. Our only investment is
our home. This rezoning will have a negative impact on Our
investment and will cause a substantial loss."
Mr. and Mrs. Edward L. Wilson
3125 Zinnia st.
Golden, Co. 80401 278-1669
"The 'Neighborhood Input Meeting' was nothing but a kangaroo
court. The Developer came to shove his proposal down our
throats, regardless of how it detrimentally effects our
neighborhood and property values. Our neighborhood
objection is only to the commercial zoning. It is not
compatible with surrounding land uses, i.e. residential, and
there would be an extremely negative impact on our
residential street (Zinnia), as it would be an access for
commercial customers creating a negative impact on the
safety of the children in the neighborhood. The Developer
was totally unresponsive to any of these concerns and would
not consider any modifications, at one point even admitting
"I don't care!" and threatening to "have it all zoned
commercial." There is no need for any more commercial
building in this area, as there are numerous commercial
units within a 14 block radius which are presently standing
empty, unable to lease. (Please see addresses listed on the
back). If this zoning is approved, we will have no choice
but to use every means available to have the zoning ruled a
"taking" in order to recover our loss of property value.
Commercial Units within a 14-block radius now standing
empty, unable to lease:
1901 Youngfie1d - unit 105 @ 1200 sq. feet, unit 106 @ 1200
sq. feet, unit 108 @ 1000 sq. feet, unit 109 @ 1000 sq.
feet.
1921 Youngfield - 30,000 sq. feet and unit 206 @ 1500 sq.
feet.
1941 Youngfield - unit 302 @ 1500 sq. feet and unit 304 @
10.000 sq. feet.
2040 Youngfield - 1200 sq. feet.
2060 Youngfield - 1400 sq. feet.
2061 Youngfie1d - unit B @ 1200 sq. feet and unit D @ 1200
sq. feet.
2901 Youngfie1d - 2,000 sq. feet.
3100 Youngfield - 1000 sq. feet.
12757 W. 32nd - 1200 sq. feet.
3410 Youngfie1d - 1000 sq. feet.
Office buildings at 2700, 2801, and 3000 Youngfie1d - all
listing lease space - total sq. footage unknown.
Youngfield Shopping Center (Applewood) - 3 units available
by King Soopers - toca~ ~q. ~uotnge unknown - old Eakers
unit empty @ 20,000 sq. feet - unit between old Eakers and
Wal-Mart @ 10,000 sq. feet - unit SE from Applewood King
Soopers @ 1500 sq. feet.
Business Park on Youngfie1d between 38th and 44th with
numerous vacancies.
Shopping Center at 38th and Kipling nearly half vacant.
~. 5 acres north of Developer's property zoned commercial
several years ago, still undeveloped (unsightly mud hole!)."
Norm and Linda Ross
3145 Zi.nnia st.
Golden. Co. 80401 279-7585
"The developer was evasive and non-factual in 'answering an
unlimited number of questions. It appeared that little or
no planning has been done, and that he is making a frantic
and desperate attempt to annex and rezone his property in
order to meet a Jan. 1, 1989 contract to sell the church to
Free Will Baptist Church. Though the developer has clearly
not put any details in his plans, he was unresponsive to
;;z
proposals. He was only sarcastically responsive to the idea
that residents purchase the proposed commercial site if
there was a profit in it for him - but gave no price.
The orooosed commercial site is not compatible with the
surrounding orc;:) bee -"'~lse of -':118 ::-ss_!.uenciul ~c~in~ ~J...Ll
impact on neighborhood traffic and public safety.
Furthermore, 32nd Ave. at this location already has a
traffic problem. The proposed new church site parking is
limited, with access from Zinnia St. only. An acceptable
alternative should be that the new church retain the present
""rk:i.ng area with access from 32nd Ave. If this is not
possible, the only other acceptable and compatible
alternative is residential housing. The proposed
residential areas are unacceptable at this point until
covenants are agreed upon that are compatible with existing
housing in the area.
Finally, until the developer is responsive to neighborhood
concerns by making adequate modifications that enhance
rather than datract from the neighborhood, rezoning is
unacceptable to the adjacent neighborhood."
Roland J. Brumbaugh
3100 Zinnia Ct.
Golden, Co. 80401 279-5714
"At the Neighborhood Input Meeting, in response to direct
questions, the Developer admitted that he has made no
inquiry or investigation to determine: (l)Adequacy of
water; (2)Adequacy of sanitary sewer Or storm drainage;
(3)Impact of increased traffic on neighborhood; (4)Impact of
increased traffic on City's plans for improvement of 32nd
between Youngfield & Kipling; (5)Need or necessity for more
commercial zoning; (6)State Highway Dep't. concerns relative
to access ramps on 1-70; or (7)Problems of relocating
irrigation ditch on the proposed commercial space.
Developer does not know if access to proposed commercial
area will be from 32nd or Zinnia st. Developer would not be
willing to file covenants to restrict commercial uses to
those compatible with the neighborhood or to restrict
residential area in same manner as present neighborhood.
Developer would not answer the direct question of how his
proposal was going to enhance the neighborhood. He admitted
that he would not want the property zoned commercial if he
lived in the neighborhood, and in response to ,~he suggestion
that he was not really interested in the concerns of the
residents, but was holding the meeting only because it was
required, he replied, "Take it anyway you want, I don't
care." His entire attitude was to the effect that "This is
what r'm going to do. I don't care what your concerns are,
and if you don't like it you can go fight 'City Hall.'
3
The general consensus of the neighbors is that there is no
opposition to any part of the proposed zoning EXCEPT the
commercial area. We consented just 3 years ago to County
rezoning PUD for development of the ~~rcel as a retirement
home for this particular Developer, but now he wants to
further increase the density and use of the property to the
detriment of the neighborhood. He was not open to any
suggestions, such as low-density multi-family, etc. All he
wants is commercial and actually threatened to seek C-1
zoning for the entire parcel. He admitted his sole motive
is profit. He admitted the commercial zoning would lower
the property values of the single-family residences in the
neighborhood. Evidently he has not heard of the recent
cases where such re-zonings have been considered "takings"
and subjected the city to suits for losses in value, which
suits have been successful."
Mr. and Mrs. Alexander Rothe
13131 W. 31st Ave.
Golden, Co. 80401 279-7359
"Our neighbor, Mr. Roland J. Brumbaugh, who lives next door,
stated our case explicitly in his letter to you of 9-28-88.
Please do ngt rezone commercial. 32nd Ave. and the Highway
70 off and on ramps, plus the new Adult Education Center in
the former Manning Jr. High Bldg., plus traffic from Coors
Plant and Golden make 32nd Avenue one huge traffic mess. We
don't need more."
Mr. and Mrs. Eugene Mauldin
3195 Zinnia
Golden, Co. 80401 279-8377
"There were two areas of strong disagreement, and there was
no apparent attempt to reconcile these differences.
I. The residents of the surrounding area do not want that
piece of property annexed into Wheatridge.
From our past exposure and experience with the
Wheatridge City Council, we are very much aware that
they do not care about our concerns for our property
values nOr the unpleasant changes that will affect our
lifestyles.
While we,
voice our
service.
felt, nor
what they
ridge, we
in the past, have been given the-right to
differences, this proved to be merely lip-
We were told that no matter how strongly we
how many of us protested, Wheatridge would do
wanted. Since we were not residents of Wheat-
were not entitled to a voice in their affairs.
4
This past experience has left a very bad taste in our
mouths for doing more business with Wheatridge.
II. The residents of the surrounding homes do not want pnv
of the said property rezoned commercial.
While there was a feeling of willingness to work with
the property owner regarding his plans for the church,
parking lot, and homes, there was strong disagreement
to having the front part of the parcel of land rezoned
commercial.
They feel that we have enough commercial property to
cope with in the motel, restaurant and the balance of
the property that hangs like a giant axe over our
heads.
What has already been done has adversely affected the
property value of our homes. We feel that the price
range of our houses, and the nature of the neighborhood,
warrants some thought to any more such commercial
venture in our area.
PLEASE WORK WITH US -- NOT AGAINST US"
Mary and James Gustafson
13045 W. 30th Dr.
Golden, Co. 80401 278-7277
"We have several concerns over the proposed rezoning and
annexation to Wheat Ridge of the above property. Among
these are the increased traffic to a residential area;
further infringement in a residential area by commercial
interests; questions as to upkeep of the adjacent streets as
to maintenance and snow plowing; concern over another
commercial area like the property north of 32nd which is now
an eye sore as well as an empty lot filled with weeds and
trash; ability of collector streets to handle any additional
traffic; increased noise level to the residential area as
well as bringing in additional non-residents to the area
leading to increased crime potentials; lack of Wheat Ridge
Police to patrol another area; addition of commercial
property to an already overbuilt and saturated business
development; concerns of non-Wheat Ridge residents over the
sincerity of the City to listen to our objections. After a
fruitless hearing over the Richter property rezoning north
c;..r: ~"!1d T'7~ t,J(J!l.C" 7 t..,e can _ ;-:;" : ~,J ....\ ':' -1i -:- >. ~ ",,; over
our objections. We also question the salability of any
residence lots so close to the on-ramp of 1-70 which could
also lead to empty weed-filled lots if not sold. Commercial
property would also bring more delivery trucks to a
residential area, as well as service vehicles like trash
.5
picJ~...'~,;,L:' CrUCh,s L~'~..LY ~""'.:i. fW~ ....-.;e1 ....~H;; ~dst use \.)1:" Ld.L.:::;
property would be park land because of the small area of the
property, as it would enable us to maintain the peace and
c;ruie+ .....,.(: our ,....... ....,., , "'._"-::" 2.__ :.......:..; ~r;t..:.~;'i~....:.in.i-......,~) ,..J. ~
property value of our homes. Rezoning commercial woul( have
a detrimental effect on our prooertv values and fu~:\):ce
salability of our own residences. We also feel that '-d8
developer has little concern over the objections raised by
the residents, as he is only interested in rezoning the
property in order to sell it."
Marilyn Ransone
3249 Zinnia Ct.
Golden, Co. 80401 278-2111
"I am against any change of zoning on the property located
at 12930 W. 32nd Ave. This has always been a resid2ntial
neighborhood and should stay that way. The property value
would decrease severely 'and traffic is already to the
maximum on 32nd Avenue. People trying to work in the
shopping area at Youngfie1d have problems, and children are
very much at risk. We bought our property in a residential
neighborhood and want it to stay as one. Our property value
is already down. We don't need mOre.
Against any change whatsoever in the property so mentioned."
Janette Smitham
3248 Zinnia \....;.
Golden, Co. 80401 279-0362
1. "I was surprised to learn that the City of Wheat Ridge
was involved, since it was not part of Wheat Ridge, to
my knowledge. Has this ground already been annexed to
Wheat Ridge without our knowledge??
2. A strip of commercial development in this area will be
very damaging to the immediate neighborhood. Our home
val,-,~q -::n(~ (rl.l~~~l' _L:l, of l.ife ~l:.V~ 3:.:::"sady ~U.l_I8A.GI~,
because of the Richter development; additional
commercial development will further detract from the
neighborhood.
3. There is no need for additional commercial development
and the land in the area will be needed f9r parking,
if, in fact, the remainder of land behind 'the church is
built upon.
4. Traffic will not allow for commercial use and due to
the congestion on 32nd, the developer already stated
that traffic would be routed onto Zinnia st. A
residential street, this will be very dangerous to area
children."
(;
Letta M. Van Dewerker
13150 W. 31st Avenue
Golden, Co. 80401 279-5425
"I am very much opposed to commercial zoning at 12930 W.
32nd Avenue. This is a RESIDENTIAL area and should remain
RESIDENTIAL. Commercial zoning is not compatible with
surrounding land uses. Commercial zoning would create a
terrific impact on traffic and public safety. The 32nd and
Youngfield area is a total bottleneck at the present time.
It would be IMPOSSIBLE if this area were zoned commercial.
Changes in this proposal to make it more acceptable to me
would be to build nice residential houses in this area.
THIS IS A RESIDENTIAL AREA, LET'S KEEP IT THAT WAY! I have
been a home owner at 13150 W. 31st Avenue since 1964 and do
not want my property values to go down."
William D. & Jeane P. Taylor
13100 W. 31st Ave.
Golden, Co. 80401 278-7014
"We are concerned about the following situations:
1. The annexation of the property into Wheat Ridge from
Jeffer~('", Co"ntv wi 1.1 render the opinions of surrounding
homeowners as 110t being of any value, since the
homeowners will be Jefferson County residents and not
Wheat Ridge residents. We feel this is the reason for
the developer annexing into Wheat Ridge -- to put the
homeowners in a position of not having a say as to what
is done with the property;
2. The 5 homes to be built on the south part of the lot
would not be under control of the same covenants as the
homes surrounding them, thereby allowing unsitely
situations to occur, thereby reducing our property
values;
3. The commercial use of the north end of the property
would cause more traffic congestion on 32nd Avenue
between Zinnia St. and Youngfie1d, where congestion is
already a big problem at peak hours of the day. It will
also cause congestion on Zinnia st. if there is an
access on Zinnia st.
4. We are concerned about the annexation of the property
into Wheat Ridge because we don't know if Wheat Ridge
will maintain the streets on the boundary of the
property (Zinnia st. and 31st Ave., and 32nd Ave.)in
::r
the same way they have been maintained in the past by
Jeff. County. The maintenance we are referring to
includes snow removal as well as street repairs.
5. We understand the parking lot to be built on the east
side of the church will hold only 50 cars. We think
there will be an overflow of cars parked on Zinnia st.
on Sundays as well as other days of the week that there
are church activities. The situation of carS parked on
the street from the church would be a safety hazard and
would increase congestion.
6. We think commercial property built on the corner of 32nd
and Zinnia st. will not be compatible with the
neighborhood and will decrease property values because
potential buyers would not desire property close to a
commercial establishment as much as property not close
to it.
The people in the neighborhood have discussed taking
legal action against any parties responsible for a
decrease in their property value due to this annexation
or rezoning.
The developer said he was willing to work with
neighbors, but in direct contradiction, said he would
not stop his plans for annexation.
The developer said, at one point, that he could have the
property rezoned ~ commercial if he wanted to after
annexation if neighbors wanted to fight his present
proposal.
We want any homes built on the south part of the
property to be restricted by the same covenants as those
already in existence in the App1ewood additions (or any
homes built anywhere on the lot)."
Carl C. Smith
13030 W. 30th Drive
Golden, Co. 80401 279-8098
"I agree with all of the above concerns, and am seeking
answers to the same questions."
Jacqueline Maiers
13110 W. 31st Ave.
Golden, Co. 80401 279-4602
"I wish to add my voice to the opposition of the rezoning of
this property. I do not object to five lots set aside for
housing, but do strenuously object to lots facing 32nd
Cb
Avenue being zoned Commercial. I understand the City of
Wheatridge desires to widen their tax base by incorporating
certain parcels of land as they did with Mr. Recter's
property across 32nd Avenue, where the restaurants and hotel
now stand. This has had a very negative impact on our
neighborhood. It is very difficult to make a right turn
onto 32nd from Zinnia St. because of the traffic backed up
at the two lights. I sometimes have to drive two block~
further to Alkire to make a left turn coming home in the
evening. Anymore commercial in this immediate area is only
going to make matters worse to say nothing of devaluing our
property. We can only hope that you will consider the needs
of the people who have made their homes here over the green
of the developer.
, ,
~
I.
1_.
fl. '0-
l-U(o
f;T"
,ku ~pf. cf
{hyYlnwnl L
~vejop
Linda Sue Hoops
10765 W. 35th Pl.
Wheat Ridge, CO 80033
Dear Hayor Dan Wilde,
city Council,
and Dept. of Community Deveopment,
I am a Wheat Ridge resident now. But I wasn't when you
voted for the La Quinta Inn and the Kettle Resteraunt to go
in right across the street from myoId house. I testlilcd
before you then as a neighbor.
Now I
stop being
County.
Your responsibility to the citizens of Wheat Ridge
means more than just hauling in tax dollars wherever you can
find them, it also means being a good neighbor by not
forcing development onto their doorsteps.
am a citzen of Wheat Ridge, and I implore you to
a bad neighbor to the residents of Jefferson
In your upcoming decision to annex the land owned by
Rex Haag, I can think of no motivation for you to approve
this except greed and the luxury of not having any to
neighbors with the power to vote you out of office.
I listened a few weeks ago as you each weighed the
issues surrounding the widening of 32nd Ave. from Kipling to
Youngfield. That was a tough issue, and each of you spoke
your piece and voted your conscipus. Let Jefferson County do
the same. It is their citizens and their land, let Jefferson
County weigh the concerns of all involved.
If you send letters of notification about hearings
concerning this issue, I request to be on that list.
~inc re\y, I/}/ '
..A/Y\da. ~. no
i~da Sue Hoops ~
10765 W. 35th Pl.
Wheat Ridge, CO 80033
424-1804 r
CITY OF \VHE!\'r' RIDG~
~,If;~-'r'" ~.~~
~~l~J'" JJ
'\.C.UM~1UIIll'll;L.:..._~. .....Nt
10
Glen Gir1J~v
1.1.1.1 (;;(; LVi Vi ! .l.Ulllll,lg
City of Wheatridge
7500 West 29th Ave.
Wheatridge, Co 80033
Oktober 7, 1988
Dear Mr. Gidley,
I would like to express my oplnlon regarning the proposed~Bu~~er
King restaurant at the intersection of 1-70 and Youngfield exit.
I must sympathize with the people who live across the street from
the church. To build another fast food restaurant would only
depriciate the va~le of thier homes, disrupt thier lives to the
point that they would be no longer living in a residential area.
It is a fact one business always leads to another until they
would soon be living in a business area. The people moved there
to get away from the "Fast Food", or better yet "Barf Boulevards"
in the first place and they do not need it to follow them.
The city of Wheatridge has already made one grave error by
installing the traffic ligilt at that location. \lho ',lOul:l ::":.;;1:: ."
being the idiot who would put two traffic lights within fifty
feet of each other?
Perhaps you should consider the fact that every day we live with
your mistakes. We need not have anymore.
May I ask "How would you like to have a Burger King built across
the street from your home?" I personally do not like it.
I would like to be able to drive down 32nd Ave. east from Zinnia
to Sheridan with out worrying about rippling the front-end of my
car, from your neglected road repair.
Please use your head on this one. Wheatridge would not prosper
from this added revenue. There are better ways to balance your
budget, and not at expense of the residents of this area.
Thank you, please express my view to the appropriate people.
, I
Cordially,
~#tt~
Eric Hilburn
3345 Braun Rd.
Golden, CO 80401
EH/ .
CITY OF WHEAT RIOGE
OCT 111988 ~
~~U ulblJil
COMMUNITY DEVElOPMEll T
\ \
~,
'-
September 29, 1988
Mr. Glen Gidley
City of Wh~at Ridge
Department of Community Development
P. O. Box 638
Wheat Ridge, Colorado 80034
Dear Mr. Gidley:
I would like to go on record as opposing the proposed annexation
into the City of Wheat Ridge, and the impending rezoning of the
property located at 12930 W. 32nd Avenue, Golden, Colorado.
Currently, the property is a church located in a residential
neighborhood in unincorporated Jefferson County. It is Mr.
Haig's intent to become annexed into your city and rezone a
portion of this property commercial. He has no plan to develop
this ground himself, but to place a for sale sign on the
property once the new commercial zoning is in place.
Asside from the obvious issue of the property values in our
neighborhood doing a nose dive if a commercial development moved
in, I have several concerns:
1. The site is not compatible with the surrounding land uses
as the surrounding land is a residential neighborhood.
2. I can hardly get out of my street (Zinnia Street) on to
32nd avenue now with all the traffic backed up at peak
hours. It is my feeling that the highway department
would deny this development access off of 32nd Avenue in
which case the only alternate route would be down Zinnia
Street where families live and young children play. A
commercial development would certainly not help what is
already a highway nighware on 32nd Avenue..
3. A commercial development would have a negative impact on
the safety of the children who live and play in the
neighborhood. It would also be a safety factor for those
children who walk to Maple Grove Elementary School, and
those Junior High children who catch the bus to Everett
in front of Manning Junior High School less than two
blocks from the proposed commercial development site.
It was definitely my feeling that Mr. Haig- had no Mplann
or concern for the neighborhood but was there because you
required him to do so. He has a buyer for the c~urch
portion (only) of the property, and is under the gun of a
January closing to figure out how he can manage to
accomplish this closing. His "plan" is to have you annex
him into your city, place residential for sale signs on
the back portion of the property, and a commercial for
sale sign on the front portion of the property. In my
opinion, this is not a "plan".
4.
I'd---
\
"--.
Page 2.
My concern is that the same thing that happened to the north of
me (where the Richter property is located) is what is going to
happen directly across the street from my $165,000 home. He too
got annexea into your city and got rezoned. I feel that once
annexed into Wheat Ridge, my concerns. will fall on deaf ears,
because I won't be a resident of your city which is what my past
experience dictates having been through this once before.
We as a neighborhood supported Mr. Haig's efforts to build a
retirement home at that location, so we are willing to listen to
reason. We are sorry he couldn't get his financing, but our
neighborhood shouldn't have to pay the price for that. Please
deny his request to be annexed and rezoned. Don't be Mr. Haig's
accomplice in destroying my neighborhood.
Prove all of us in Applewood wrong, prove that Wheat Ridge does
care about our neighborhood.
Sincerely,
VCWfI JJut1?lhw~
Pamela Brumbaugh
3165 Zinnia Street
Golden, Colorado 80401
Home: 279-5498
Work: 422-2133
\~
..'V' . .~L. vr 1'41::.1uMtlUKHUUU INPU 1 Mt.t.TIN(j
.. .
Midwest Builders, Inc
FROM P.U.D.
SPECIAL USE PERMIT FOR N/A
AT 12930 W. 32nd Ave., Golden, Colorado
THE LOCATION OF THI$ I~EETING IS in the Church Buildinq on the property
THE TII.1E MID DATE FOR TillS M~ETING IS 9-27-88 at 7:00 P.M.
THE PURPOSE FOR THIS PROPOSAL IS To explain and discuss rezoning and
.use of Droperty~
TO
IS PROPOSING ^ REZONING
RIA and Cl
- -- ----------- -- --- ---- - - - - -- - -- - - - - - - - --- - - - - - - - - ----- -------. -.--
The City of Wheat RidBe has adopted a requirement that, prior to
application for rezoning of property to a higher use, or for
properties in excess of one (1) acre, and for Special Use Permits
which allow a special use of land, an applicant must notify all
residents within 600 feet and invite them to a Neighborhood Input
Meeting. The purpose of this meeting is to allow the applicant to
present his proposal to the neiBhborhood and also to allow the
neighborhood to express directly to the applicant, their concerns,
issues and desires. The kinds of concerns residents normally have
are a,s follows:
· Is the proposal compatible with surrounding land uses and
zoning?
· Are there adequate utilities and services in place or proposed
to serve the project?
· What is the impact on our streets?
· Will there be a negative impact on public safety?
· Where will the storm drainage go?
.
· How will the project be designed to enhance rather than
detract from the neighborhood?
· What specific changes can be made in the proposal to make it
more acceptable to me?
· Was the developer responsive to your concerns and suggestions
by making modifications to his proposals?
After attending the Neighborhood Input Meeting, please use the
following space and the back of this form to list any specific
concerns, issues, or suggestions which you may have regarding this
proposal. Please sign it and give it to the applicant, as he ~s
required to provide these forms to the City along with his
application. Should you not give this form back to the applicant,
please fold, staple ~~; fu~il back to the City of Wheat Ridge using
the reverse side mall-back address on this form.
\Y'
Dove_ kr 3., ,qtg
f {s, Me(e~l'{ l Qe t ke rt } r!tth n I~ 1f-+ I
G ~ ~{ ill!\e~-{ if< l ~~ e
f.b .13'V' ~~i
~M~-t ,Q:J1€ J (D ~M)~
l;ra K s. {(.('{ l€rt I
.::c i ... J "w -I. '\ CO '" "",_-I < +- 'i" .~.{ { <'1 v,,<\ .J.IA 1....
<;;/\.4.((' ~le,..,. W lK tt1.{ rr-8/>'v~{~ t:f tk.- t.Jt,~:1/ect1e G~ {'auuiA
~(tu<;e Of ~ (O"N?(V\ ~blA.-+ .U4. P(f~(?c{ tGMley<<+-i", M
<)Lb""'fJe>:t (W~;"\ Of tk ("oM lor,j.,A a- 1;1106 tJ ,3 T1l.."",
~ hac k4(ou-J ) :Dd Ilk ~ou. 10 l4.ou) ..Jki. -fr- -J.w~ 4e4.r"<;.
T DW\\ed. tv-J... (€,,~~o2tt ~ ~ llYt'-e d- LJ€~~ .3 s~ Pl-rte ~
OQ,ts~ l ~ )4'1;'" cUt +k- ~r'~ 'l ~ (ove ~ (Jf.x~ (J<.J,~ 14elJktl.,oct.
& ~"A' '''10 .jj.;, m.Jt. T ("',<L.,e.l '- p<opeMl .ck .
\\~S D W . ~ -d'~\k... W \~ .J..i.- ~..:k Of p(e~eVv'\rl l-l- Sw,C-(;:
. tk- ClJ.(",','1 ~"e- ""~, \p..:\+ k \<1~~ ~ ~k Eve'; 1+ t',;..,I~ J
~U ~ v......6w\,\ '3ett~(~bv<- Co~ pI"",ee((; I
ft4.- tla. ~ Of ~ puxdv_Se X [h~{ {u'& .J.,f..,. ~~.t-".!. 'bt k
r r o\", c\ \ .ct \ 1. ~ >,,, IJ, ?, 1.""" t". J.. W 1.$ a ,{ H~_L ,J.L.;I- "-
+L [, \ ;-l-'d6f -1-/0. e \ del l~'~ \.l. be c.....d<4Li"'.l. t4' e ,
IJ,'l-l-. ~I....J, .."Q(bMe_ ~ ~lt YJ ~rof"'rll I.J"J.!. ".+ he..
\ ff d-eJ-. 0"w ~lf? ow\'\e<S pldlr\. {o (e-2cV\e-
I-".e.'" l ... e') to IN t..,,*
\.....;L ... C-l ... S S'D< . < iIl-' \< "-" ""'" \'.".1.
.}\.a.. ' . .' '0( Cl1\'\.c-€eV)
R ~ "I\.;. S .,.. .,...."i ,\." S < \o{ I ",. -\' '"' \ ~ '- ""'IJ
L~ e, .j k ~ oe "" 1M ,,~es s -H... -t woJ1 ba--
~ (6.>.>- (,e_ 6f 1, I .
_< . '- Co ",,,,-, ("~ Of'" < +,~ oJ., l !. f( e s...;:t- "-
n,,(rrJ;t~ I _)V.4"'-
\{,
<;lclo.:;..f-t-+,'....l C.LA:lt ~I-o ~k v"s,'J",,_{,.f-..( C0v<LctE'< ~ -J-t:.\S
'l' I J u.\.-.I< {".. {,,- ^- l~ vS p,- 1...1 b~ ,Oo;?, ~\-;; S d,/~ ,.\-0
y\Q\1 b,,(' /,\00 , v ,
Ov~ \~ <L (f-'<;+~\! /Lv-.-c \ '" ?H ~'f':i C\ -f6.~+'FJ -f~Ci I\~ )ltt-L. (~
I
~V \e~ \4:.-" O{ '\:(0 BeLt '
Il~s wcu.l.t '0...- ~11~ objeci'u,^c.b/e.! (;-"1t'tc::: Ie; D-lr~6e!1
':i€\J(7(el, \ ~r~C{.;t .J ~ S1vee{.;.p--T iW 'v... 4~(s"'c+",,^- ~_
<'/lkL <L -fi'tckt-, VJolo-lJ. Cr"4.-te C't,.(\f"<l.s..,..t hL":l.A.'l JS'
~ l,l'ti\~Y'O~ (et;..f.a....(I~ QXIC,t G..-. ~k td<,~ ~ ~ fL
GlL.....{t./ kJ.~ ""L.l e. ',<; d,(e\(+~ +0 JL h Di.J.-t.... .t {y"SS
s'2v...(.. ~\J€"'-ve. {){r~~ ~ ~ .q(~~~... S'~s -tytM-
~ld 1"<;~If4:t C\l..V{-lr--t1 \1) Hey reO-vb,\ ye{(tL.....~s
~~iJ~ ~bY't\QS W v..... i k c(.(rJ~1 Vt>,~e- f~ -tv.({, t......
(e~vd'l W f~(' /61 clf?~~ } ('(y tL~ 6~_ -fvt.LL
{( 1\ (t I' c. " , Q 'ch e/Ne Ll ~.J1e (SM.,Q "^- -k ~ (", -1-; 1 5 (-e e. r '
J{ ~Ol'- ArE' (O\~:-t~.:{ *0 '1r~-+k] ~k (('2M;'] r(!i"~~
l ~~ ~~l.\...-c-{. {5Y\.<;,'JiC'(' (~t;lJ~{S f\E'(J.(P>j e,,~ flo,~
v..) ( ll(€ IN--. Jeii{'rst- (OU"-{l' PkJ.!e 5.c~ ~6n-..t1 red(\c-{.II"s
U (e1lJlre. ';l~e {~ t<f~(ov,(l kt'(e ~ J~ve lop~
h t.Lllt~f~ ./-0 C~.IJl""'Vl(e \
Lh's +r~)
'~R;,--- 9t--.A Wr..~.--
IJ t;' !JH ,) ~ ~ u. b J-...-b
10.. "i'f I l. \ 4.. ^
I ........ f /I
\lp
A '" (7xL c(4,.i-.ec.-\ R~ <4e -!)o-t
-..,0,.:,'
{!OS[ *WS-8Y-/
wZ ~ trg-IZ
This letter is to voice our concerns about the proposed annexation of
the property at the south-east corner of 32nd at Zinnia; and the rezon-
ing of the front part of that land (along 32nd) to commercial.
We live right across the street from this property in question, and are
strongly concerned about any kind of commercial venture that goes in there.
We have been told, as we're sure you will be, that this being zoned
commercial will have no impact on the traffic along 32nd or Zinnia. We
were told this same thing when the La Quinta motel and the restaurant went
in across the street. It was a lie then, and it's a lie now. The traffic
around our house has gone from an easy flow and easy access onto and off
of 32nd, to bumper to bumper traffic from 4:00 p.m. on through 6:30 p.m.
in the evening, making it extremely difficult for anyone living on Zinnia
Street to get out or back home; and a mark increase in traffic accidents
at our corner.
Please consider the zoning of this front parcel of land to commercial, very
carefully. And give some thought as to the quality of life in the immed-
iate area. We are more than willing to work with the owner of the said
property to come up with some sort of an alternative.
Mr. and Mrs. Eugene Mauldin
3195 Zinnia
Golden, CO 80401
CITY OF WHEAT RIDGE
~~:~2n~:~~
COMMurHTY Dt'. ',r,,! I \rx.
,
"-...
UNITED STATES BANKRUPTCY COURT
DISTRICT OF COLORADO
400 COLUMBINE BUILDING
IB45 SHERMAN STREET
DENVER. COLORADO 80203
ROLAND J. BRUMBAUGH
."'HK"U~TCY JUDOI:
/
~ september 29, 1988
Dear Neighbor: 0/1'~'trAJ ~. J O#JE;S)
Enclosed is my response to the Neighborhood Input
Meeting held september 27, 1988, at the church on 32nd and Zinnia
street. I urqe you to complete your form and mail it to the City
of Wheatridge as soon as possible.
I am investigating some options we may have and I will
be contacting you in the near future.
y,
Brumbaugh
&dd.vu 41 / ifff
//71 ~
~
~~f~~'
~~J:;Yi~bA
..i1~--L//... J) & f!) cf-t> ~a/
I'OUUlINITV nEVELOPMENt I ~
/
, "
c:;B"
NOTICE OF NEIGHBORHOOD INPUT MEETING
TO
IS PROPOSI~G A REZON:~~
RIA and Cl
Mi dwes t Bu t1 ders, I ne
FnOM P.U.O.
SPECIAL USE PERMIT fOR N/A
AT 12930 W. 32nd Ave.. Galden, Colorado
TilE LOCATIml OF THI:; HErcTING IS in the Church BuildinQ on the propertv
THE TIME ArID DATE FOR Till S HEETI NG IS 9-27 -88 at 7: 00 p. M.
THE PURPOSE FOn TillS PROPOSAL IS To explaln and dlSCUSS rezonlnq and
use of property.
-----------------------------------------------------------------
The City of Wheat Ridne has adopted a requirement that, prior to
application for rezoning of property to a higher use, or for
properties in excess of one (1) acre, and for Special Use Per~its
which allow a special use of land, an applicant must notify all
re~idenLs within 600 feet and invite them to a Neighborhood Inpu~
Heeting. The rur",lse of this meeting is to allow the ~~"':- ;~ :-
present his proposal to the neighborhood and also to allow the
neighborhood to express directly to the applicant, their concerns,
issues and desires. The kinds of concerns residents normally ha.e
are as follows:
· Is the proposal compatible with surrounding land uses and
zoning?
· Are there adequate utilities and servioes in place or proposed
to serve the project?
· What is the impaot on our streets?
, .
· Will there be a negative impaot on publio safety?
· Where will the storm drainage go?
· How will the projeot be designed to enhanoe rather than
detraot from the neighborhood?
. What speoific changes oan be made in the proposal to make it
more aoceptable to me?
· Was the developer responsive to your concerns and'suggestions
by making modifications to his proposalS?
After attending the Neighborhood Input Heeting, please use the
following space and the back of this form to list any specific
concerns, issues, or suggestions which you may have regarding th~s
proposal. Please sign it and give it to the applicant, as he is
~equired Lo provide these forms to the City along with hiS
application. Should you not give this form baok to the applicant,
please fold, staple and mail back to the City of Wheat Ridge usi~i
the reverse side mail-back address on this form.
-=-
'-.
The general consensus of the neighbors is that there is no
opposition to any part of the proposed zoning EXCEPT the commercial
area. We consented just 3 years ago to County rezoning PUD for
development of the parcel as a retirement home for this particular
Developer, but now he wants to further increase the density and
use of the property to the detriment of the neighborhood. He was
not open to any suggestions, such as low-density multi-fa~ily, etc.
All he wants is commercial and actually threatened to seek C-I
zoning for the entire parcel. He admitted his sole motive is profit.
He admitted the commercial zoning would lower the property values
of the single-family residences in the neighborhood. Evidently he
has not heard of the recent cases where such re-zonings have been
considered "takings" and subjected the City to suits for losses in
value, which suits have been successful.
6?/~~~
r'~r;/pp
~ ~ ( M- ~J~;q,dA../
~ ~~J-~' I ~ ~ <
~~:db~ ~
j/J' . ~ ~{/~ ' .~
d~~(yJ/~~'. .~
ti{ff;fPf7~~~~
~~J~~-~~ ~~_~~
~~~~~~ ,~. vc%~~
.~ ~ <Y' ~-<- CZA4t--~
tfJ IYl ,f 1C/6 ,J -:r:, IJ gS
, 16J""O J;: $" t1. '15lL
.------------------------n----------_________f -0 L D- --..------~----~.:'J--e...'!!___f.!:1.:.~L--_
CITV Of \lHEAT RIDGE
OEPARHlENT OF CO~V~UNITV DEVELOPHEIlT
P. O. 60X 636
WItEAT RIUGE, CO 30034
}O
CASE NOS. WS-R8-1/WZ-88-18
E.(HTEIT ~D!
March 15, 1989
Planning Department
City of Wheat Ridge
Wheat Ridge, Colorado 80033
To Whom It May Concern:
Regarding the proposed annexation of the property at 32nd Avenue
and Zinnia Street, I would like to go on record as requesting
time to speak at the upcoming City Council meeting to be held on
March 27th. There are still issues that need to be addressed
regarding the proposed annexation even though he it appears Mr.
Haig will allow the parcel to be zoned residential.
I would appreciate the opportunity to speak at this meeting.
Thank you.
Sincerely,
/'1 ,'~
'II (; ,{r, c-7{! Uli/dJ0" /f~
f"---U) i1lk .<C/ t (j
Pamela M. Brumbaugh
3165 Zinnia Street
Golden, Colorado 80401
Home: 279-5498
Work: 422-2133
CITY OF WHEAT RIDGE
'~r.., ,"fOl,p_n. !IJ..r~, ffil. '.
. MAR 0 1on,' ,
\ \ I '" n Jc.;'j 11 i i
\\ ~', c_ ,_ ~ l1J
(.\';,,,,,,0,;11'1 DEVELOPMENT
jf~
v'
March 20, 1989
CITY OF WHEAT RIDGE
r.::=J.. r;=o r-:-J r "1 ;, r-;::::' ~
ITil \ !.' , ..- <- i !
!~::f liAR t') n i96S ' ! ~
il'i\' Nl h.t~'
;, I
,.,,'~
J u "_L_ ~
'-, It"' "'D",' iT
l'I)~,'f ':ilif\ lJ \"~\ illlil__j'~.
J' ~'''\ In....: Iii ,-". '"
t1t- Re:~ Haag. President
t1i dwest Buil ders
11658 'v';est 40th Circle
Wheat Ridge, Colot^lJdo 60033
Dear t"lr Haag'
As you are aware, The Applewood Property Owners Association t-,as opposM trle
annexation of trle land you own at 32nd Avenue and Zinnia to the City of Wheat Ridge and
the request for re:oni nq blj the C it~ of '01'rleat Ri dqe to C -1
- -.... -
We are pleased tt-Iat you have witMrawn your request for [-1 rezoning and are applying
for P-l A However, we '-lope tt1at you woul d not annex to 'wheat Ri dge and stay a part of
uninc.orporated ,..Ieffet-son County as tt1e Applewood t'lesa ArelJ has tleen fOt- the last 30
yelJrs \^le do not like to :;ee our area governed by different entities and we would lil:'e to
see our orea t-emein 0 residentio] oreo
We do congnltulate you on your new subdivision north of 32nd Avenue west of Alkire
Court. I t wi)) tIe on asset to our nei ghborhood
Thank you for consideration of our request that the Areo at 32nd Avenue and Zinnia ;;ta'd a
part of uni ncorporoted Jeff et-son County
Sincerely,
/J J fl" ..L
&~....../_ ",.t. <' {{,L,
Dot-is Steputi:.. President
Applewood Propet-ty O'lvners Associfltion ~. -h
14550 Foothill ROfld ...L);I/-~"-te-c.-~/1L L'1h j - L _/ . /' ~<
~ /J '.l~r4...-c.'#~~ ~*_=-4'-<C<~
Golden, Colori:"jo 80401 /t~.",(~.j~'z:'-<,a:_,,-<,<-- {fyI?, ~ k' . / O~. ~/ ~
279-6750 .#d ?~ _/1.L.-<'~~ fl. -f-/'
tv if t - 1;[ .~.c-/
CC t'leredithPeckert jl.2-:;!i~/g.7 j/..c;-g'.'S-/~ ~.' 1
Clty of 'wheot RIdge ~ ~ / ~ ~.LL7~ d.~ f, ~
75(\(1 'west 29th Avenue " L, I -d- ftt;i1 .' a~/ /1V/~ ~
Wheat Ridge. Colorodo 80033 d-c- -, ..<:-r= c: L.rL ~~ e<L~~
j~~ ~~
(J-~~_At'..&/'YL/
, ,
March 20, 1989
City of v.lheat Ridge
7500 West 29th Avenue
,Vheat Ridge, CO B0033
Attention: Meredith Reckert
planner II
In re: Case Nos. WZ-B8-18 and WS-BB-l, Your letter of 3/B/89
Thank you for the advice regarding the change of the WZ-B8-1B
request from C-l to R-lA.
It is now our understanding that there is no active request
to change the 32nd Avenue and Zinnia street property to allow
any commercial utilization in the foreseeable future.
At no time have we objected to the R-lA zoning and have none now.
However, for the record, we ask that if in the future we are
again confronted with the rezoning to C-l, that we again be
advised so that we may voice our objections thereto.
Also for the record we ask inclusion of our letter of 2/12/89
(which was not sul::mitted at that time due to my tardiness), wherein
we have specified our reasons for the basic objections.
Said original letter is enclosed.
Your courtesies, both by the City Council and your good offices,
are very much appreciated.
Sinc~ely,
v'
I
/-1~ k& 7-/-rr~. '~~~
./' ..,. ,j,..
(/ ")
. James H. Llnklns
"./ -)} ""',' /'
f vi,",!?", I}C ...~'~~
kCl-thr'/)'l. M. Linkin's,
2725 Crabapple Road
Golden, CO 80401-1538
CITY Of \>1'\71",1 R~rV;-'E
f";;l : ~..' r-=-:-~ :.
I. " .' -
III ',"
\1 I,.
U,: ~,.....
- ". .j")'?
" ,', .. ~
i
!
r,::'\
':
!
!
27 25 Crabapple Road
Applewood Mesa
Golden 1 CO 80401-1538
February 121 1989
(Submited March 201 1989)
. !
'-' ' ~
:".J\\A:\i'~~\;j'l i j)LVLLUfJ:/,\..,~ [
City Council
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80034
In re: Cases No. WS-88-1 and WZ-88-18 - Rezoning Requests
Manbers of the Council:
Tanorrow evening you are to reopen the matter of the rezoning of the
properties which were ruled upon on last Novanber 3rd.
At that time the Council reached the logical decision to continue the
zoning of the property as residential Rl. We fully con=red.
We now are advised that the owners wish to sell the property as C-l
and R-lA for a seven lot sulx1ivision.
While it seans a large mnnber of lots for the area to beccrne residential,
our prime disapproval is based on the area on 32nd Avenue which they wish
to convert to C-l.
Apparently the owners wish to sell to a fast food franchise, Burger King.
As residents of Applewood Mesa, about a mile frcrn the involved property 1
tl1e effect upon us primarily is in the matter of traffic, on Zinnia st.
and more substantially on West 32nd Avenue.
As a two lane roadway, 32nd Avenue carries a very substantial amount of
east - west traffic. There seans to be little likelihood that Jefferson
County plans any widening thereof, since a new bike path is wlder construc-
tion (at a cost of scrne $200,000) on the south side of the roadway.
Each business day afternoon a large number of vehicles carrying Coors
Brewery personnel travel east. The brewery is a great asset to our area
and was here before much of anything was hereabouts. They are welccrne.
To add the kind of traffic through the 32nd and Youngfield intersection,
together with the off and on ramps on the west side of 1-70 which would
be engendered by the in-and-out traffic of a fast food operation vvould
cause much confusion and delay to those persons who necessarily must go
through that intersection. The use of the only other outlet frcrn our area
vvould be via 20th Avenue - and that leads to Lakewood, not Wheat Ridge!
There is a small shopping center at 20th Avenue and Youngfield, but the
Westland Center is only about another mile and a half.
IVheat Ridge City Council - February 12, 1989 - Page 2
Undoubtedly many, if not most, of our neighbors shop at the Applewood
Center.
However, if the congestion beccxnes greater at the present ccxnplicated
series of intersections of Youngfield, 32nd, the frontage road frcxn
I-70, the off-ramp and on-ramp from I-70, plus the Zinnia Street,
Zinnia Court and Alkire Street contributions, it may be intolerable.
Please consider that there presently is a two-segment signal at Alkire
and 32nd.
Thereis a FOUR segment signal at the west side of I-70, as well as
another Four segment signal immediately east of I-70.
At the November 3rd meeting there was a proposal of yet another signal
at Zinnia street and 32nd Avenue.
Frequently in busy hours in the late afternoon we note vehicles wishing
to pr=eed west on 32nd Avenue from Youngfield both north and south
l::ound - as well as those from 32nd east of Youngfield all being squeezed
into one lane - which stalls in the southbound lane of Youngfield, thus
creating a gridl=k.
Consider how IlUlch this situation would be intensified if Burger King
customers were added to a situation which already is unacceptable.
We strongly ask that you again reject the application for C-l zoning of
the property adjoining 32nd Avenue.
Thank you for your consideration.
Two of your supportive neighbors for 29 years
'. I. '
---fAt' ~_'_'~{~4(./t_L'-_'
:> -
,~/ James H. Linkins
-"~ I r -~! I
1o-C~'L.-ki-v- /
Katriryn'~. Linkins
I
~c.:: -j.,
CASE NOS. WS-88-1/WZ-88-18
EXHIBIT 'E'
TO:
FROM:
DATE:
RE:
MEMORANDUM
Approved ~~
Date
'3 If, /271
.
Glenn Gidley, Dir. of Planning & Development
Bob Goebel, Dir. of Public Works
March 8, 1989
Corner Stone Annexation/32nd and zinnia South
The proposed phasing, as outlined in the memo from Gillan
Engineering dated 3/6/89, is reasonable and we concur with its
conclusion.
Namely:
BG:fg
Phase 1 - Completion of curb, gutter and sidewalk, paving,
etc. along West 31st Avenue and along Zinnia Street adjacent
to Lots 2 through 7 prior to sale or development of those
lots.
Phase 2 - Completion of curb, gutter and sidewalk, paving,
etc. along Zinnia and West 32nd Avenue adjacent to Lot 1
prior to the sale or development of Lot 1.
CL- 1 tt--- f),i
COUNCIL BILL #371
INTRODUCED BY COUNCIL MEMBER
ORDINANCE NO.
Series of 1989
IBBISON
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
JEFFERSON COUNTY PLANNED UNIT DEVELOPMENT (P.U.D.) TO
COMMERCIAL-ONE AND RESIDENTIAL ONE-A, WITH CONDITIONS,
ON LAND LOCATED AT 12930 WEST 32ND 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 Midwest Builders, Inc. for
approval of rezoning with conditions in Wheat Ridge, Colorado,
Case No. WZ-88-18 pursuant to 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 Jefferson County Planned Unit Development (P.U.D.) and to
include in the Wheat Ridge Commercial-One District and the
Residential One-A District, the following described land:
TRACT A: Area to be Zoned C-l:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
Beginning at the west 1/4 corner of said Section 29; thence
N 89043'30" E along the north line of the southwest 1/4 of
said Section 29, 685.00 feet; thence S 00036'56" E a
distance of 60.00 feet; thence S 00036'56" E, 15.09 feet to
the point of beginning; thence continuing S 00036'56" E
along the east R.O.W. of Zinnia st, 165.61 feet; thence N
89043'30" E, 287.52 feet; thence N 03007'15" W along the
West R.O.W. of 1-70, 130.86 feet; thence N 45016'30" W,
70.70 feet; thence S 89043'30" W along the south R.O.W. of
West 32nd Ave, 217.01 feet to a point of curvature to the
left having a central angle of 90020'26", a radius of 15.00
feet, an arc length of 23.65 feet, a chord bearing of S
44033'17" W, and a chord distance of 21.28 feet, to the
point of beginning, said parcel containing 1.15 acres more
or less.
TRACT B:
Area to be zoned R-lA:
A parcel of land located in the NW 1/4 of the SW 1/4 of
Section 29, Township 3 south, Range 69 west of the 6th P.M.,
County of Jefferson, State of Colorado, more particularly
described as follows:
RESOLUTION NO. 1130
Series of 1989
TITLE:
A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, that:
1. Having held a public hearing concerning the Petition for
Annexation attached hereto as Exhibit A and receiving evidence and
testimony from all persons desiring to be heard, the City Council finds:
a. The requirements of the applicable parts of sections 31-12-
104 and -105 of the Colorado Revised Statutes have been satisfied,
b. An election is not required under section 31-12-107(2) of
the Colorado Revised Statutes, and
c. No additional terms and conditions need be imposed upon the
proposed annexation.
2. Therefore, the City Council finds that the area that is the
subject of the Petition for Annexation is eligible for annexation, said
land being legally described as follows:
A portion of land located in the Northwest 1/4 of the Southwest 1/4 of
Section 29, township 3 south, range 69 west of the 6th P.M., County of
Jefferson, State of Colorado, described as follows:
Commencing at the center of said section 29; thence S 89043'30" W, along
the north line of the southwest 1/4 of said section 29, 1322.49 feet;
thence S 00035'32" E along the east line of the northwest 1/4 of the
southwest 1/4 of said section 29, 60.00 feet to the point of beginning;
thence S 89043'30" W parallel to the north line of the southwest 1/4 of
said section 29, 687.46 feet; thence S 00036'56" E along the west side of
Zinnia street, 541.98 feet; thence on a curve to the left with a chord
bearing of S 85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south side of
west 31st Avenue; thence N 89043'30" E along the south side of West 31st
Avenue, 152.27 feet; thence N 07052'00" E along the east side of west 30th
Drive, 50.56 feet thence N 89043'30" E, 453.06 feet; thence N 00035'32" W
along the east line of the northwest 1/4 of the southwest 1/4 of said
section 29, 497.95 feet to the point of beginning, containing 8.1187 acres
more or less.
DONE AND RESOLVED this
day of
,1989.
ATTEST:
DAN WILDE, MAYOR
WANDA SANG, CITY CLERK
PROTEST
We, the following property owners of twenty (20)
percent or more of the land extending a radius of one hundred
feet from 12930 West 32nd Avenue, Jefferson County, Colorado,
disregarding intervening public streets and alleys, in accordance
with 9 31-23-305, C.R.S. 1973, hereby protest the proposed change
in zoning of 12930 West 32nd Avenue, Jefferson County, Colorado,
as set forth in Case No. WZ881B and Case No. WS88-1 now pending
before the City of Wheat Ridge, Colorado.
) ) NAME ,{/
1. ~ 0"VM;:;1! /(0-}1 ,
au a....-... ~ ~ C $(P-~- 2.'""""" 51'
2. t; 7Va-kJ9-(L-~/~/ af/i~ ,W
3.~~J+~~~
4.~
ADDRESS
i:fJ!: ?b?:,JOvi>~
5.
.J/~o Z-IVV'.1 cT
11...1~ , ~, ISo tol
1:'10'\ 0, ?:'vt- (.tv€-
8n{rhlA r I!.u gOl.fo/
) ~ 10.,.- W, 3- / 4../ ~
~A..- ,i1..o J;J 0 L/- () I
,?
-,,' "/ r
6 \ , , / -'( . .' f
. .~ (_ I; . I.' t _ ,/
7.~~ 9/Wa3.L
8. ~ .YUU~xf/f, d. >>toL/~7
:~.:tJ2;;:c!!(t~
11. f! 'IL /;,:1[1 ;3, {u j; )'~
/,
J'-
k3tU Cj c.,,1 '-? / ~ eJ-<
~ LO....j ('., !Y<J YO /
r'
/3100 vJ<3/~ r;Ws-'
c.. ( D ~ W rPIJ 1.1'\ f
31'15 -<WN/4 TC
C?at.dl?N', Co \r'oLfO\
/ '
-3; '1 S- L / ~/J/ c( ~{J
C,.,/C/~ >? C'o (?6-Y"c/
/ '
1Ji ~i:/I/f~ IJ J!/u /
I
c/
? /2 s;- :<'-.1/ '1,' -1 ~ r--
C:::o/(Y~ CI> F() YO I
~. 'c1
..";, J i /1'?fL,.:rr ~
~.. l- /0 'O't'J V
- . I u
C'7
-.-...~ 1.-
J '
l //i-- _~
/'
,"., , I.~ l.. '>J
to '
. "'......
12.
(...;,;;,. ~\.<\-~_.,~. '
:_' i.. '-I c... I
13.
14.
'I) I
I Utl \, '1", 1\,
l,((i
, ), f
j :A I' U i I :.- J)- ,( 'e,
,\ ,
, , "\1 d'L ?' r (Ii .., yr: J
15.
2
NOTICE OF PROPOSED ANNEXATION
On Y.an,n ?l, l ~~~ at I: ~~ ~ ~ ~~ T1t.~~ \~ ~ 1~~
Iwenu~, Munici-pal 'Buildinn h1\.. +. I' " .\ I J~~ ~,~~'
Councl.l of the C' t 'j, '1'H~ea \. ~lun~ (' I~
petition fly of ~heat R' ~~ ~~l~ ~
~:~~rminin~ra~~n~~ation set f lOge Wi1l'h ~ ~!a~~ ~t
12_1~5the apPlic lnding ~h Otth b~ Old a ' ln~
elio'ih, Of the r~?ble rerr,,<~ther tho ~OW fOr H,_ hearinrr ,~!ty
PETITION FOR ANNEXATION
THE UNDERSIGNED, BEING ONE HUNDRED PERCENT OF THE OWNERS OF THE REAL
PROPERTY DESCR:IBED HEREIN ANII PURSUANT TO C.R.S. 531-12-107 (1), DO
HEREBY PETITION THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,
TO ANNEX THE REAL PROPERTY DESCRIBED IN EXHIBIT A. WHICH IS ATTACHED
HERETO AND RXPR~SSLY INeO~~ORATED HEREIN. INTO THE CITY OF WHEAT RIDGE
AFTER COMPLIANCE WITH ALL NOTICE AND HEARING REQUIREMENTS PRESCRIBED BY
STATUTE, AND AS GROUNDS THEREFOR STATE AS FOLLOWS:
1. IT IS BOTH IIESIRABLE ANII NECESSARY THAT SUCH AREA AS OWNED BY
THE UNIIERSIGNEII ANII DESCRIBEII IN AGGREGATE AND BY INDIVIDUAL OWNERSHIP
1M EXHIBIT A BE ANNEXED TO THE CITY OF WHEAT RIDGE.
2. THE AREA PROPOSED TO BE ANNEXED "EETS ALl. APPLICABLE STATUTORY
PREREQUISITES INCLUDING:
(8) NOT LESS THAN ONE-SIXTH OF THE PERIMETER OF THE AREA
PROPOSED TO BE ANNEXEII IS CONTIGUOUS WITH THE CITY OF WHEAT RIIIGE~
(b) A COMMUNITY OF INTEREST EXISTS BETWEEN THE AREA PROPOSED
TO BE ANNEXED AND THE CITY~ AND
(C) NONE OF THE SPECIFIC LIMITATIONS SET FORTH IN C.R.S SS31-
12-104 AND -105 ARE APPLICABLE TO THE PROPERTIES SET FORTH IN EXHIBIT
A.
3. THE SIGNERS OF THIS PETITION FOR ANNEXATION COMPRISE THE
LANDOWNERS OF ONE HUNDRED PERCENT OF THE TERRITORY INCLUDED IN THE AREA
PROPOSEI) TO BE ANNEXED, EXCLUSIVE OF STREETS AND ALLEYS.
4.
MAY HAVE
PROPOSED
RECORDED
RECORIIER
THE UNDERSIGNEII HEREBY WAIVE ANY VESTED PROPERTY RIGHTS THEY
UNDER STATE LAW WITHIN THE AREA TO BE ANNEXED. IF THE
ANNEXATION IS APPROVED, THIS PETITION FOR ANNEXATION MAY BE
BY THE CITY IN THE REAL PROPERTY RECORDS OF THE CLERK AND
OF JEFFERSON COUNTY AS EVIIIENCE OF THIS WAIVER.
5. NO SIGNATURE ON THIS PETITION IS VALID IF IT IS DATED MORE
THAN ONE HUNDRED EIGHTY I1AYS PRIOR TO THE DATE OF THE FILING OF THIS
PETITION WITH THE CITY CLERK.
6. NO PERSONS SIGNING THIS PETITION SHALL BE PERMITTED TO
\iIlTHDRAW HIS OR HER SIGNATURE AFTER THE PETITION HAS BEEN FILED WITH
THE CITY CLERK.
7. THE UNDERSIGNED HAVE COMPLIED WITH ALL REQUIREMENTS OF C.R.S.
S31-12-107 (1) IN PREPARATION, EXECUTION ANII SUBMISSION OF THIS
PETITION FOR ANNEXATION.
WHEREFORE, THE UNDERSIGNED REQUEST THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE TO:
(a) APPROVE THE ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED AS
DESCRIBED IN EXHIBIT A;
(b) ACCEPT THE WITHIN PETITION FOR ANNEXATION;
(C,) SET, PROVIDE FOR NOTICE AND PUBLICATION OF, AND THEREAFTER
HOLD ALL REQUIRED PUBLIC HEARINGS RELATING TO THIS REQUESTED
ANNEXATION; AND
(d) DO ALL ACTS REQUIRED BY STATUTE AND LAW TO ANNEX THE
PROPERTIES DESCRIBED IN EXHIBIT A INTO THE CITY OF WHEAT RIDGE.
8. PETITIONER INTEND TO SUBJ'JIT A REQUEST FOR REZONING AND
SUBDIVISION PLAT APPROVAL UPON THE PROPERTY SOUGHT TO BE ANNEXED
HEREBY. PETITIONER RESPECTFULLY REQUEST THAT THE EFFECTIVE DATE OF ANY
ORDINANCE APPROVING THE ANNEXATION REQUESTED HEREBY BE AFTER THE DATE
OF DECISION RELATING TO SAID REZONING AND SUBDIVISION APPLICATION.
PETITIONER FURTHER RESPECTFULLY REQUESTS THAT, IN THE EVENT SAID
APPLICATION FOR REZONING AND SUBDIVISION APPROVAL BE ACTED UPON IN A
WAY OR J'JANNER NOT ACCEPTABLE TO PETITIONER, THAT PETITIONER BE ALLOWED
TO WITHDRAW THIS PETITION FOR ANNEXATION, AND THAT ANY ORDINANCE
APPROVING THE ANNEXATION BE THEREAFTER REPEALED.
1 ,
L~~'~~-~~~~~~~~-~:_~----t~~~l~iE~
,
_~e!_~~~q2_~~~~~~~~__________________
TYPED NAJ'JE
11658 W 40th Cir
-----------------------------------
ADDRESS
_~h!~!~~d~~~_~~_~~~}_________________
SUBSCRIBED AND SWORN TO BEFORE J'JE THIS ___~__ DAY OF _l_~!;____________.
198J>~_.
-,
t:':> I:; .,:.>)
;' (' - ,
/. /. '. / /---- ,/,/ C:-'. ,~.:
t:.-- /' /{.
~~;~~~~~--~~~=:~-------------
NOTARY PUBLIC
J'JY COJ'JJ'JISSION EXPIRES:
.. "''i,~''''''~~ ~~i.' i.::"I:,~.~
~(,,1),' i'.:.,~~Lj I:, Pi!'~'~#
';/' <~'Yt'/;,.,..c," -("\~~ ,;t.!.-,,,. ....d-~
~:-... v:J$~ -- .... "'''~<>,/1';.......~,
::: ",,~Q t A!'1 \,1>. -
i: /f ~' "It~. ~
&. f'i, .' ...
~ ~ ~ . -
""":~~j ....~ ~"",,--
~ .- ~ ~ l<( ~
~ ~ h : . =
',.je. ~UBl\t, .0,,,:::;::
....'.....)..,J:"of!' .~'>fl, )--..P
". .rl., .~ oaoO 5'" ,{ 0;;"
..~ 7 l t- .....e., .....~..... ~.~
"'~~. {; 0>,; l'(i~';' .,;.
;#t":'i.' 11 "~"""l;;'"
"fO~.~Ui'2:.t ~
EXHIBIT A
LEGAL DESCRIPTION: CORNER STONE ANNEXATION
A PORTION OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P."., COUNTY OF
JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
CO""ENCING AT THE CENTER OF SAll) SECTION 29; THENCE S 89-43'38- W,
ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 29, 1322.49
FEET; THENCE S 00035'320 E ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 29, 60.00 FEET TO THE POINT OF
BEGINNING; THENCE S 89043'30- W PARALLEL TO THE NORTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 29, 687.46 FEET, THENCE S 00036'56. E
ALONG THE WEST SIDE OF ZINNIA STREET, 541.98 FEET; THENCE ON A CURVE
TO THE LEFT WITH A CHORD BEARING OF S 85039'100 E, A CHORD LENGTH OF
74.76 FEET, A RADIUS OF 463.83 FEET, A LENGTH OF 74.84, AND A DELTA OF
9014'400 ALONG THE SOUTH SIDE OF WEST 31ST AVENUE; THENCE N ago43'3111- E
ALONG THE SOUTH SIDE OF WEST 31ST AVENUE, 152.27 FEET; THENCE
N 07.52'00- E ALONG THE EAST SIDE OF WEST 30TH DRIVE, 50.56 FEET THENCE
N 89043'300 E, 453.06 FEET; THENCE N 00035':-12- \II ALONG THE EAST LINE OF
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29, 497.95 FEET
TO THE POINT OF BEGINNING, CONTAINING 8.11B7 ACRES MORE OR LESS.
Published:
February 16, 1989
February 23, 1989
March 2, 1989
March 9, 1989
Wheat Ridge Sentinel
S)<.~ 1&\J b
RESOLUTION NO. 1121
Series of 1988
TITLE:
A RESOLUTION TO SET A HEARING ON A PETITION FOR
ANNEXATION.
IT IS HEREBY RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit
1 was filed with the City Clerk and referred to the City Council
for action.
2. The Petition for Annexation is in substantial
compliance with C.R.S. S3l-l2-l07(1).
3. No election for annexation has been held within the
last twelve months for the same or substantially the same area.
4. A hearing shall be held at:
January 9 1989
date
7:30 P.M.
time
Municioal Building. 7500 W. 29th Avenue, Wheat Ridge CO
place
to determine whether the proposed annexation complies with C.R.S.SS
31-12-104 and -105.
5. The City Clerk is hereby directed to arrange for
appropriate and timely notices to be published pursuant to C.R.S.
oS 3l-l2-l08( 2).
DONE AND RESOLVED this 14th day of
1988.
November
~'~4j,,--,
DAN WILDE, MAYOR
ATTEST:
"""'--'"'.... / ,/:(,/ ,/ , If '1/"1
Wanda Sang, City C~erk
On January 9, 1989 the Public Hearing was continued to February 13, 1989.
On February 13, 1989 the Public Hearing was continued to March 27, 1989.
f!'
: ,
.... ....,:
'.. ',':.
~:
J I
., . . ,. ~
'-.----
~
w'~ .~~J I
~"-'0
ANNEXATION AREA '\ \ \ \ ~
I '
I
REZONE/SUBDIVISION AREA 7 / //' / i
_, /, 1/,
:~~f;
:.;.:
.:.:.
:::::
WZ-88-18
L
- - W 32ND VE
-- 'RC~/,
Wz.ao
C-I
R-C
R-I
APLE
GROVE
_VI LLAGE'-
_..u.__._
R-3 BLK /
SUP-BO- 7
c-/
R-C
SUP,79-1
L
MA
J"
_ _._ "' L__
~~r
J /
i
!
\ BL
~
',' I
:[L'
::: i
::: i
............... .,......
.:.....;.:.:.:.;.;.;.::::.;.;.:.;.;.:.::::::::;:;:::::::::::;:;:::::::::::::::::::;:::::;:;::::.;.:.:.:.;.;.:.:.:.:.:.:.:.:.;.;.;.;.:.:.:.:.::;::':
, I P I
W 28TH AVE
,
I ' ..,
.. I ,...
} I ;!
/! f /
/ I }
II /
/1 L-
>-
"'
o
"
..,
...
'-"
Z
::l
o
>-
l
~
LEGi,L NOTICE INVOICE
S'flfln'i,S,IIIIl,Suburt!1
Pk:J.se reflllt to
~i2nt;.,d Publilh~I\9 (0.
~------- ,....--
CENTfl~L ,\CCOUNT:hG OFf-ICE
3~[j1 East 46th ~ ,enue
POBox 16008
Denver, Colorado 80216
(303) 29;',5551 \ "
tC'1
\; j
,J
Newspapers
Magazines. Booklets
Commercial Printing
Brochures. Typesetting
Se'flrnel
L <3903
March 9,
89
___~~_ 19
Federal Tax 10 *84-0615575
LINES
ZONE *
20
RATE
40 ,
I
28
28
28
LEGAL NO. ICE
IDENTJFICATION
I Proposed
Annexstion
Corner
stone
l\nnex
ACCOUNT NUMBER
9381
AMOUNT
DATE
NEWSPAPE R
NOTICE or PROP05~O ANNEXATION
107 20
75 04
75.04
75 04
2-16
2-23
3-2
3-9
268
268
268
268
",; it { j t. T i d ~J c .~ L ! 1 i 1 n l i
__..__, _ YO" .,u.
On Huch 27, 1999 lit 7:30 p.llI., at 7500 West 29th
Avenue, Municipal BullcHng. Wheat flidge Colocado, the City
Council of tha City of Wheat Ridge 101111 hold a hearing upon the
pet1.tll-'" for onnexation set forth balo... for the purpose of
determining and finding ....hether the area prollO(;ud t.Q be a{\"eJ(IH~
Illeets the applicable req\Jirem~nts of sections 31-12-104 and 31-
12-105 of the COlorado Rovi5ilcl Statutes and is cOllsiderlld
eligible for annexation.
332 32
PETITION ,,-OR ANNE.)(ATJON
:~~D~~IG"EII. lIEING ONE HUJWREf'l PElle-ENT (IF T}j~ OWNERS OF THE REAL
T ESeR} BED HLREI H ANIl PU/tSUA!<T TO C F( S 531 ...,
HEREBY PETITtON TlJE CITY COUNCll. OF THE CITY ~F" 'Imf.:A~l;~~: 111 fIG
'TO ,UUIEX nlE REAL PROPERTY DESCRIBED HI EXHIBIT A WHICH );:. tOLOR~DO.
HERE'TO AltO UPf:IOSSLY INCORPOR....TED IIEREtN IHTO TlJE lS ATTACHED 'I
~~~~~"~~~ ....~~E G=~~~r'~ l.~H ~~~;~~ ~~~ T~E~:I ~~l.~~~~ ~ R~~~~T~Fp:~~~.~] ~~~G:y ~
I
1. IT IS BOTH DESIR....Bl.E AND NECESSARY TllAT '--UCH ARE.
~~E~=~:~~lG''''''EI MHl rlE~CkIBEn IN AGGREGATE AlW 1\Y"'llWIVJ"~A~SO~:~~~ll~;
ANHlXbl TO THE ClTY OF WllEAT FllhGE.
,
PRUlS~~JlS~~;'/;~~L~~~l:~~Efl TO BE ,.I."HEX!:!> IIEL.S ALl.. AF'f'LIC"A1tLE STATUTORY I
!
OP _ ta) lWT U-:~...s THAW ONE-51XTH OF THE f'EklI1ETE:R (I}' TilE ....RtA
pa OSQl TO [II: AhlH~Xl:U ]S COIiTl!.>l!(lUS WITH TUl;; CITY OF "lI1:AT lIJDGf:;
TO BE A)jN~~~lJ :H~O~~~N~;~y ~F A~~TEREST t:.XIST5 r'ETWEEH THE ....k~~ PIl(;POSr:O
I
----.L.-
fu; .....i
r~ 1 DUE
332 32
TO INSURE PROPER CREDIT, PLEASE RETURN ONE COpy OF INVOICE WITH REMITTANCE TOCENTRAL ACCOUNTING THANK YOU
February 16, 1989
Received from the City Clerk of Wheat Ridge:
1 Notice of Proposed Annexation
1 Petition of Annexation
1 Resolution to set a hearing on petition for annexation
1 Map was previously delivered on January 13, 1989 pertaining to this
same annexation
Title:
I
CITY OF WHEAT RIDGE
-
MEMORANDUM
TO:
Wanda Sang, City Clerk
FROM:
J
Glen GidleY, Director of Planning and Development
RE:
Annexation Petition - Rex Haag (Midwest Builders)
DATE:
October 5, 1988
I have received the attached Petition for Annexation from Rex Haig for
property located along the south side of West 32nd Avenue, just west6
of 1-70. I have also attached copies of information provided me by
John Hayes, which outline the annexation process requirements and
model forms, resolutions, etc. A copy of the annexation map is also
attached.
Please carry through with those requirements of notice and hearings as
set forth by Statute, as detailed herein. A rezoning case will be
initiated through Planning Commission, with final hearing at Council
after the annexation hearing.
If it fits the Council agenda schedule, I would recommend the
following Council action dates:
llk
October is: Referral of Petition and supporting documents L'~
Noye,..Lo.c 2&: Public Hearing on annexation ordinance ;/'
The area proposed for annexation is included within the following
special districts: \ '\ /
'<~\ \~1-^ '- \,":J, - \., ~:. 0,,,,,..\ \-- \ t, J--.-.J^ '\1 ,'- y
~tOrthHe.st 1, akill"ood Sanitation Dist.
-2680 Yetll,gfield i 2 91,_' 1.."
Lake'lOod, CO 002Hi ,c\ ,lC-,_ '- \ '
Consolidated Mutual Water Dist.
12700 West 27th Ave.
Lakewood, CO 80215
Sanitation:
"
,\
I..h"'
" ,
, '
---\ \..-' ,--t- G1
Water:
Schools:
Jefferson County R-1 School Dist.
1829 Denver West Drive, Bldg. 27
Golden, CO 80401
Fire:
Lakewood Fire Protection Dist.
1545 Robb Street
Lakewood, CO 80215
Parks:
Prospect Recreation District
4198 Xenon
Wheat Ridge, CO 80033
Drainage:
Urban Drainage & Flood Control Dist.
2480 West 26th Ave., Suite 156B
Denver, CO 80211
Wanda Sang, City Clerk
October 5, 198
Page 2
Transit:
Regional Transportation District
TSM Division
1600 Blake street
Denver, CO 80202
Electric & Gas:
Public Service Company of Colorado
1123 West 3rd Avenue
Denver, CO 80204
Attn: Rod Yeager
Telephone:
Mountain Bell
1005 - 17th Street, Room 250
Denver, CO 80202
In addition to the above, the County Clerk and the County Attorney are
required to be notified of the proposed annexation, by registered
mail, at least 25 days prior to the scheduled hearing date.
(,
,I _
'''''''- ',' \,j-\ '
'-\-
""\.".'
- \ \ \
" ""\'"
\
,;\ y_ (~ I"~ J
~)
Uc!-\J \
i=-
(
'-, ~'I \ \;-'
i---J
\. ',j
~(i'-~ ')
~
!~I
, ,
'-J (
"
\~~ r(___
,~~~~, ~
\
..-
('
\
\:;'\ N",_ "-.,.1--\
-I,
\ ~\
(A\\~J'j
~\\,\',
\. J "'\..
January 1j, 1l)o9
Received from the City rlerk of ~he8t hi1~e:
Notice ot Propo~ed Annexation
Petition of Annexation
Re~olution to ~et 3 hearinb on a petition for annexation
~: 3P
(
>-
/ /1-;
;
(t-
Title:
c ,
,..c ;..
,I
!.- -. l
"
<,l
) ')i ,'"
r !
I '
) '-
/,
.~._~
;
C{
;'
"i '
Il ] J '--
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
this time. Please see the City of Wheat Ridge Clerks office if you
would like to see the map. Thank You.
CITY OF WHEAT RIDGE - MEMORANDUM
To
City Council
From
Wanda Sang, City Clerk
Subject Annexation Request by Rex Haag Date February 8, 1989
Approved
Date
Upon reviewing the publication and notification records of the City
relating to the matter of the annexation request of Midwe~t Builders, 1
have reluctantly come to the conclusion that adequate notice has not
been given so as to comply with State Statute~.
SUGGESTED MOTION:
"I move to continue the annexation hearing to March 13, 1989".
Or:
" 1 move to .....
~-3
CITY OF WHEAT RIDGE - MEMORANDUM-
To
From .It) J-
Date I January
John Hayes, City Attorney
City Council
Subject Annexation
5, 1989
Approved
Date
Upon reviewing on thi~ date the publication and notification record~ of
the City relating to the matter of the annexation request of Mijwe~t
Builders, I have reluctantly come to the conclu~ion that ajequate notice
ha~ not been given ~o a~ to comply with State Statute~.
Accordingly, jurisdiction doe~ not exi~t at thi~ time to hear thi~
matter and I mu~t advi~e that the matter be continued until February 13,
1989, and that the rezoning be continued until the ~ame iate.
D u r i n g t hat t i me, ~ t a f f will ,j is c us s wit h the ~ t a f fat J e f fer ~ c,,, ',- 0 un t. y
some of the concerns expre~~ej by the County's ~taff and reflected in
the County r:ommi~~ioner~' Re~olution regarding thi~ matter. I believe
that ~everal of the~r concerns are clearly erroneou~.
-
f.x~113\'T ~
CITY OF WHEAT RIDGE - MEMORANDUM
To Glen Gidley
Suggested language to use
Subject Haag Annexation Petition
From
on
Date
John E. Hayes,
City Attorney
November 7, 1988
Approved
Date
I would prefer that paragraph 8 of the Annexation Petition
filed by Mr. Haag on behalf of Mid-West Builders, Inc., read as
follows (which would be in place of the language he had previously
suggested) :
8. Petitioner intend to submit a request for rezoning
and subdivision plat approval upon the property
sought to be annexed hereby. Petitioner
respectfully request that the effective date of any
ordinance approving the annexation requested hereby
be after the date of decision relating to said
Rezoning and subdivision Application. Petitioner
further respectfully requests that, in the event
said Application for Rezoning and Subdivision
approval be acted upon in a way or manner not
acceptable to Petitioner, that Petitioner be allowed
to withdraw this Petition for Annexation, and that
any ordinance approving the annexation be thereafter
repealed.
We also need to put into the Resolution an acknowledgement of
the provisions of section 8, together with a statement that the
City has made no guarantee with regard to zoning or subdivision and
that we will allow him to withdraw the petitions prior to the
effective date of the annexing ordinance.
E)C.l--U ~r-r G
RESOLUTION NO.
Series of 1988
TITLE:
A RESOLUTION TO TAKE NO ACTION ON A PETITION FOR
ANNEXATION.
IT IS HEREBY RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit
1 was filed with the City Clerk and referred to the City Council
for action.
2. The Petition for Annexation is not in substantial
compliance with C.R.S. S31-12-107(1).
3. The City Council is required by state law to take no
further action on the Petition for Annexation.
DONE AND RESOLVED this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
PETITION FOR ANNEXATION
THE UNDERSIGNED. BEING ONE HUNDRED PERCENT OF THE OWNERS OF THE REAL
PROPERTY llESCRIBEll HEREIN ANll PURSUANT TO C. R. S. S:U -12-107 (1). 110
HEREBY PETITION THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO.
TO ANNEX THE REAL PROPERTY DESCRIBED IN EXHIBIT A. WHICH IS ATTACHED
HERETO AND EXPRESSLY INCORPORATED HEREIN. INTO THE CITY OF WHEAT RIDGE
AFTER COMPLIANCE WITH ALL NOTICE AND HEARING REQUIREMENTS PRESCRIBED BY
STATUTE. AND AS GROUNDS THEREFOR STATE AS FOLLOWS:
L IT IS BOTH DESIRABLE AND NECESSARY THAT SUCH AREA AS OWNED BY
THE UNDERSIGNED AND DESCRIBED IN AGGREGATE AND BY INDIVIDUAL OWNERSHIP
IN EXHIBIT A BE ANNEXED TO THE CITY OF WHEAT RIDGE.
2. THE AREA PROPOSED TO BE ANNEXED MEETS ALL APPLICABLE STATUTORY
PREREQUISITES INCLUDING:
(a) NOT LESS THAN ONE-SIXTH OF THE PERIMETER OF THE AREA
PROPOSED TO BE ANNEXED IS CONTIGUOUS WITH THE CITY OF WHEAT RIDGE.
(b) A COMMUNITY OF INTEREST EXISTS BETWEEN THE AREA PROPOSED
TO BE ANNEXED AND THE CITY. AND
(C) NONE OF THE SPECIFIC LIMITATIONS SET FORTH IN C.R.S SS31-
12-104 AND -105 ARE APPLICABLE TO THE PROPERTIES SET FORTH IN EXHIBIT
A.
3. THE SIGNERS OF THIS PETITION FOR ANNEXATION COMPRISE THE
LANDOWNERS OF ONE HUNDRED PERCENT OF THE TERRITORY INCLUDED IN THE AREA
PROPOSED TO BE ANNEXED. EXCLUSIVE OF STREETS AND ALLEYS.
4.
MAY HAVE
PROPOSED
RECORDED
RECORDER
THE UNDERSIGNED HEREBY WAIVE ANY VESTED PROPERTY RIGHTS THEY
UNDER STATE LAW WITHIN THE AREA TO BE ANNEXED. IF THE
ANNEXATION IS APPROVED. THIS PETITION FOR ANNEXATION MAY BE
BY THE CITY IN THE REAL PROPERTY RECORDS OF THE CLERK AND
OF .1EFFERSON COUNTY AS EVIDENCE OF THIS WAIVER.
~.. NO SIGNATURE ON THIS PETITION IS VALID IF IT IS DATED MORE
THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE FILING OF THIS
PETITION WITH THE CITY CLERK.
6. NO PERSONS SIGNING THIS PETITION SHALL BE PERMITTED TO
WITHDRAW HIS OR HER SIGNATURE AFTER THE PETITION HAS BEEN FILED WITH
THE CITY CLERK.
7. THE UNDERSIGNED HAVE COMPLIED WITH ALL REQUIREMENTS OF C.R.S.
S:U -12-107 (1) IN PREPARATION. EXECUTION AND SUBJ'HSSION OF THIS
PETITION FOR ANNEXATION.
NOTICE OF PROPOSED ANNEXATION
On ~~~w; 'I -) I~ , 1982., at 7:30 p.m., at
7~OO W. 29th Avenue, Municipal Bldg. , Wheat Ridge,
Colorado, the City Council of the City of Wheat Ridge will hold a
hearing upon the petition for annexation set forth below for the
purpose of determining and finding whether the area proposed to
be annexed meets the applicable requirements of sections
31-12-104 and 31-12-105 of the Colorado Revised Statutes and is
considered eligible for annexation.
ON FOR ANNEXATION
THE UNDERSIGN , being one hundred percent of the ow
the real property described herein and pursuant to C.R.S.
S31-l2-l07(ll, 0 hereby petition the City Council of e City of
Wheat Ridge, lorado, to annex the real property de ribed in
Exhibit A, ich is attached hereto and expressly . corporated
herein, i 0 the City of Wheat Ridge after compli ce with all
notice d hearing requirements prescribed by s tute, and as
groun therefor state as follows:
It is both desirable and necessar
wned by the undersigned and described in
individual ownership in Exhibit A be ann
Ridge.
that such area as
ggregate and by
ed to the city of Wheat
2. The area proposed to be an exed meets all applicable
statutory prerequisites including:
the perimeter of the
with the City of Wheat
(bl
proposed to be
between the area
the specific limitations set forth in
-105 are applicable to the properties set
ners of this petition for Annexation comprise
of one hundred percent of the Territory included
oposed to be annexed, exclusive of streets and
The undersigned hereby waive any vested property rights
y have under state law within the area to be annexed. If
roposed annexation is approved, this Petition for Annexation
ma be recorded by the City in the real property records of the
erk and Recorder of Jefferson County as evidence of this
aiver.
NO person signing this petition
his or her signature after the p
City Clerk.
is dated
the filing
5. No signature on this petition is
more than one hundred eighty days prior to
of this petition with the City Clerk.
6.
withdraw
with the
s all be permitted to
ition has been filed
7. The undersigned have compl'ed with all requirements of
C.R.S. S3l-l2-l07(1) in preparatio , execution and submission of
this Petition for Annexation.
(a) approve
annexed as
the City Council of the
WHEREFORE, the
City of Wheat Ridge
exation of the area proposed to be
Exhibit A;
( bl
cjPt t within Petition for Annexation;
et rovide for notice and publication of, and
a all required public hearings relating to this
exation; and
(d do all acts required by statute and law to annex the
prope ies described in Exhibit A into the City of wheat Ridge.
ss: Wanda Sang, City Clerk
Pub lished: I' f
np"~,,,1. - k', 1999 , }'--- - ( Cf I /9
1)ceelllbe.r ~ 1988- ~ - 1-~ I '
~ P:;4- -z.., "
December 22. ~ p~ _ 'I, (,
Wheat Ridge Sentinel
2
MEMORANDUM
FROM:
CitY~C~Cil
Glen~ley, Director of Planning & Development
Annexation Petition - Midwest Builders at West 32nd and
Zinnia
TO:
RE:
DATE:
January 3, 1989
There are several specific actions before you relating to this
annexation request.
ACTION #1: After having held a public hearing on the Annexation
Petition, adopt attached Resolution No. 1\10 as printed,or adopt
after modification, or deny the resolution.
ACTION #2:
Bill No. 366,
be adopted.
If Council adopts Resolution No. U12, then Council
the ordinance which approves the annexation, should
ACTION #3: If the annexation ordinance is approved, then
proceed to public hearing of Case WZ-88-~ (Council Bill No.
~. which is a rezoning request. A separate staff report
accompanies this packet with details of this related request.
ACTION #4: If the rezoning ordinance is approved, then proceed
to public hearing of Case WS-88- I , which is a subdivision
request.
GEG:slw
pcjmemoMidwestBldrs
LEGAL NOTICE INVOICE
,/
sN..
Please ren"ttO:
Sentinel Publishil\9~
CENTRAL ACCOUNTING OFFICE
3501 East 46th Avenue
POBox 16008
Denver, Colorado 80216
S..",II.',S.III11.SoIb...,tll
880Er.22
(303) 292-5551
All
I 7
.
December XI ,
Newspaper.
Magazines. Booklets
Commercial Printing
Brochures. Typesetting
L
2065
;.."2..
88
19
Federal Tax 10 #84-0615575
ACCOUNT NUMBER ZONE' LEGAL NOTICE !Notice
9381 20 IDE,..TIF ICATION proposed Annexation
OATE LlNE5 RATE NEW5PAPE R AMOUNT
12-1 290 .40 Wheat Ridge Sentinel 116/.00
12-8 290 .28 " " 81 .20
12-15 290 .28 " " 81 . 20
12-22 290 .28 " 81 . 20
.--..- -..........-..... .,.,^.u vi\"n n'~LJ'..........r1I .,..,,...., vr
, I I
. I
II01'ICB or PROPoseD ANNEXATIOM
On runr.l..Y Q , 19'1. at ~..., at
nOli v 19rh A"\ftU" Munldid U.b.. I W eat Ri.dge,
Coloeado. the C ty Councl of the CLt.y oC Wb".t ..(.498 will. bold ..
heAring upon the petitio4 for annelCaUCH\ .et forth below tor the
purpo.. of d.tel'II1n~n9 and t lndin9 whether the ar... proposed. to
be annexed llU!eU t.he &ppUcab\.e req'.lh:eaents of sact.ions
)1-12-10. and 31-12-105 of the ColoE'ado,Reviud statute. and i.
consideE'ed di:oible foE' annexation. '
PETITJ'::'~ POR AHNEXA1'ION
THE UNDERSIGNED, beln9 one hundnd peE'cent of the OWners of
the real pE'operty d..cdbed heE'eln and pl,Iuuant to C.R.S.
Sll-U-U1o.), do beEeby petit.ion the Cit.y Counell ot the City of
Wheat Ridge, COlOE'adO, to annex the real property de.cdbed io
!xhibit A, which i~ attached hereto and expressly incorporated
her_ln, into the City of Wheat 1Udqe after conplillnce with an
notic. and h..ring nqllirellents p,escri~ by statute, and. as
gro\ll\d. th.E'efor at.at.e as follows,
1. It i. both del!rable aod nece.s..ry that. such are.. a.
-
TOTAL AMOUNT DUE 359.60
TO IN5URE PROPER CREDIT, PLEA5E RETURN ONE COpy OF INVOICE WITH REMITTANCE TOCENT~AL "'LCOUNTING, THANK YOU,
MEMORANDUM
FROM:
Cit~~~jfncil
Gle~idley, Director of
Haag Annexation Petition
Planning & Development
TO:
RE:
DATE:
November 9, 1988
As you are aware, Mr. Rex Haag (dba Midwest Builders) has
petitioned for annexation of a parcel of land located at the
southwest corner of 1-70 and West 32nd Avenue. A copy of that
annexation petition is attached hereto as EXHIBIT A. I would
bring to your attention that statement number 8 on page 2 is a
condition of annexation relating to ZONING AND SUBDIVISION. John
Hayes, City Attorney, has suggested alternative language for
statement number 8, as set forth in his memo to me attached
hereto as EXHIBIT B.
There are two decisions (actions) before you:
DECISION 1:
Council needs to adopt one of the two following
resolutions:
~)
Resolution #1 (Exhibit C) which TAKES NO ACTION ON
THE PETITION; or
~)
Resolution #2 (Exhibit D) which sets a public
hearing date on the petition.
DECISION 2:
If Council adopts Resolution #2, then the attached
Council Bill (Exhibit E) shall be passed on first
reading. Staff would suggest that the public
hearing date be DECEMBER 12, 1988.
GEG:slw
Instructions for Petition for Annexation
The following instructions must be followed or your petition
for annexation may be declared invalid.
1. You may not have petitioned for annexation to any other
municipality at the same time as you are petitioning the City of
Wheat Ridge.
2. If the proposed annexation would result in the
detachment of the area from one school district and attachment to
another, you must attach a resolution from the board of directors
of the attaching school district which approves the annexation.
3. The area proposed to be annexed must include the entire
width of any streets or alleys that are proposed to be included.
4. The proposed annexation must not have the effect of
extending the City's boundaries more than three (3) miles unless
the provisions of C.R.S. ~31-12-105(1)(e) have been satisfied.
5. You must provide four (4) copies of an annexation map
containing the following information:
(I) A written legal description of the boundaries of the
area proposed to be annexed;
(II)
annexed;
A map showing the boundary of the area proposed to be
(III) within the annexation boundary map, a showing of the
location of each ownership tract in unplatted land and, if part
or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks;
(IV) Next to the boundary of the area proposed to be
annexed, a drawing of the contiguous boundary of the annexing
municipality and the contiguous boundary of any other
municipality abutting the area proposed to be annexed.
5
NOTICE OF PROPOSED ANNEXATION
On TANI1ARV q , 1982., at 7:30 p.m., at
7 ~OO W. 29th Avenue, Municipal Bldg. , Wheat Ridge,
Colorado, the City Council of the city of Wheat Ridge will hold a
hearing upon the petition for annexation set forth below for the
purpose of determining and finding whether the area proposed to
be annexed meets the applicable requirements of sections
31-12-104 and 31-12-105 of the Colorado Revised Statutes and is
considered eligible for annexation.
PETITION FOR ANNEXATION
THE UNDERSIGNED, being one hundred percent of the owners of
the real property described herein and pursuant to C.R.S.
~31-12-107(1), do hereby petition the City Council of the City of
Wheat Ridge, Colorado, to annex the real property described in
Exhibit A, which is attached hereto and expressly incorporated
herein, into the City of Wheat Ridge after compliance with all
notice and hearing requirements prescribed by statute, and as
grounds therefor state as follows:
1. It is both desirable and necessary that such area as
owned by the undersigned and described in aggregate and by
individual ownership in Exhibit A be annexed to the City of Wheat
Ridge.
2. The area proposed to be annexed meets all applicable
statutory prerequisites including:
(a)
area proposed
Ridge;
Not less than one-sixth of the perimeter of the
to be annexed is contiguous with the City of Wheat
(b) A community of interest exists between the area
proposed to be annexed and the City; and
(c) None of the specific limitations set forth in
C.R.S. ~~3l-12-104 and -105 are applicable to the properties set
forth in Exhibit A.
3. The signers of this Petition for Annexation comprise
the landowners of one hundred percent of the Territory included
in the area proposed to be annexed, exclusive of streets and
alleys.
4. The undersigned hereby waive any vested property rights
they may have under state law within the area to be annexed. If
the proposed annexation is approved, this Petition for Annexation
may be recorded by the City in the real property records of the
Clerk and Recorder of Jefferson County as evidence of this
waiver.
5. No signature on this petition is valid if it is dated
more than one hundred eighty days prior to the date of the filing
of this petition with the City Clerk.
6.
withdraw
with the
No person signing this petition shall be permitted to
his or her signature after the petition has been filed
City Clerk.
7. The undersigned have complied with all requirements of
C.R.S. ~31-12-107(ll in preparation, execution and submission of
this Petition for Annexation.
WHEREFORE, the undersigned request the City Council of the
City of Wheat Ridge to:
(al approve the annexation of the area proposed to be
annexed as described in Exhibit Ai
(bl accept the within Petition for Annexationi
(el set, provide for notice and publication of, and
thereafter hold all required public hearings relating to this
requested annexation; and
(dl do all acts required by statute and law to annex the
properties described in Exhibit A into the City of Wheat Ridge.
ss: Wanda Sang, City Clerk
Published:
December 1, 1988
December 8, 1988
December 15, 1988
December 22, 1988
Wheat Ridge Sentinel
2
f..GENDA ITEM.. S
NOV 14 1938
MEMORANDUM
FROM:
Ci t; ~~/mci 1
Gle~idley, Director of Planning & Development
Haag Annexation Petition
TO:
RE:
DATE:
November 9, 1988
As you are aware, Mr. Rex Haag (dba Midwest Builders) has
petitioned for annexation of a parcel of land located at the
southwest corner of 1-70 and West 32nd Avenue. A copy of that
annexation petition is attached hereto as EXHIBIT A. I would
bring to your attention that statement number 8 on page 2 is a
condition of annexation relating to ZONING AND SUBDIVISION. John
Hayes, City Attorney, has suggested alternative language for
statement number 8, as set forth in his memo to me attached
hereto as EXHIBIT B.
There are two decisions (actions) before you:
DECISION 1:
Council needs to adopt one of the two following
resolutions:
(1)
Resolution #1 (Exhibit C) which TAKES NO ACTION ON
THE PETITION; or
(2)
Resolution #2 (Exhibit D) which sets a public
hearing date on the petition.
DECISION 2:
If Council adopts Resolution #2, then the attached
Council Bill (Exhibit E) shall be passed on first
reading. Staff would suggest that the public
hearing date be DECEMBER 12, 1988.
GEG:slw
EXHI5\1 A
PETITION FOR ANNEXATION
THE UNDERSIGNED, BEING ONE HUNDRED PERCENT OF THE OWNERS OF THE REAL
PROPERTY DESCRIBED HEREIN AND PURSUANT TO C.R.S. 531-12-107 Ill. DO
HEREBY PETITION THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE. COLORADO.
TO ANNEX THE REAL PROPERTY DESCRIBED IN EXHIBIT A. WHICH IS ATTACHED
HERETO AND EXPRESSLY INCORPORATED HEREIN. INTO THE CITY OF WHEAT RIDGE
AFTER COMPLIANCE WITH ALL NOTICE AND HEARING REQUIREMENTS PRESCRIBED BY
STATUTE. AND AS GROUNDS THEREFOR STATE AS FOLLOWS:
1. IT IS BOTH DESIRABLE AND NECESSARY THAT SUCH AREA AS OWNED BY
THE UNDERSIGNED AND DESCRIBED IN AGGREGATE AND BY INDIVIDUAL OWNERSHIP
IN EXHIBIT A BE ANNEXED TO THE CITY OF WHEAT RIDGE.
2. THE AREA PROPOSED TO BE ANNEXED MEETS ALL APPLICABLE STATUTORY
PREREQUISITES INCLUDING:
la) NOT LESS THAN ONE-SIXTH OF THE PERIMETER OF THE AREA
PROPOSED TO BE ANNEXED IS CONTIGUOUS WITH THE CITY OF WHEAT RIDGE;
(bl A COMMUNITY OF INTEREST EXISTS BETWEEN THE AREA PROPOSED
TO BE ANNEXED AND THE CITY; AND
ICI NONE OF THE SPECIFIC LIMITATIONS SET FORTH IN C.R.S 5531-
12-104 AND -105 ARE APPLICABLE TO THE PROPERTIES SET FORTH IN EXHIBIT
A.
3. THE SIGNERS OF THIS PETITION FOR ANNEXATION COMPRISE THE
LANDOWNERS OF ONE HUNDRED PERCENT OF THE TERRITORY INCLUDED IN THE AREA
PROPOSED TO BE ANNEXED. EXCLUSIVE OF STREETS AND ALLEYS.
4.
MAY HAVE
PROPOSED
RECORDED
RECORDER
THE UNDERSIGNED HEREBY WAIVE ANY VESTED PROPERTY RIGHTS THEY
UNDER STATE LAW WITHIN THE AREA TO BE ANNEXED. IF THE
ANNEXATION IS APPROVED, THIS PETITION FOR ANNEXATION MAY BE
BY THE CITY IN THE REAL PROPERTY RECORDS OF THE CLERK AND
OF JEFFERSON COUNTY AS EVIDENCE OF THIS WAIVER.
5. NO SIGNATURE ON THIS PETITION IS VALID IF IT IS DATED MORE
THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF THE FILING OF THIS
PETITION WITH THE CITY CLERK.
6. NO PERSONS SIGNING THIS PETITION SHALL BE PERMITTED TO
WITHDRAW HIS OR HER SIGNATURE AFTER THE PETITION HAS BEEN FILED WITH
THE CITY CLERK.
7. THE UNDERSIGNED HAVE COMPLIED WITH ALL REQUIREMENTS OF C.R.5.
531-12-107 III IN PREPARATION. EXECUTION AND SUBMISSION OF THIS
PETITION FOR ANNEXATION.
WHEREFORE, THE UNDERSIGNED REQUEST THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE TO:
la) APPROVE THE ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED AS
DESCRIBED IN EXHIBIT A;
,bl ACCEPT THE WITHIN PETITION FOR ANNEXATION;
Ie) SET, PROVIDE FOR NOTICE AND PUBLICATION OF, AND THEREAFTER
HOLI' ALL REQUIRED PUBLIC EEARINGS RELATING TO THIS HEOUESTED
ANNE;,A TI ON; ANI>
(d) DO ALL ACTS REQUIRED BY STATUTE AND LAW TO ANNEX THE
PROPERTIES DESCRIBED IN EXHIBIT A INTO THE CITY OF WHEAT RIDGE.
B. SHDULD THE ::ONING AND SUBIJIVISJON PLAT ASE:;OCI ATED \<i1TH THE
OWNE2S LAND WITHIN THIS ANNEXATION BE DENIED BY THE CITY OF WHEAT
RIDGE, AT THE PETITIONERS OPTION. THE ANNEXATION BECOMES NULL AND YOID.
'A I ,J/ 11'/' ~ --+-
///( {Cl:'C';'~?I_ 'j/ l'j ,t::' ?_7' ~J -'""L:J':
b- ,_ __ ;,(~__~J._ -L~'Yc--,,,- ! _ uL~:,:l__f~'2.: s ;'
OW~ER 1 DATE
Midwest Builders, Inc
By Rex Haag, President 9-29-88
TYPED NM1E
11658 W 40th Cir
ADIihESS
Wheatridge, CO 80033
SUBSCRIBED AND SWORN TO BEFORE ME THIS
198L_
., :- :)
.A
VA Y OF __::~::'~_~_~_:'~fc_~____t
,
MY COMMISSION EXPIRES:
/J
/- I -"? ' ")
_ __~!:;L~ _"- ...:-'::"'LI~~ _~_~~_ _ ____ _____
, I ______
( '~.//
/ /' c::::"_. -"': /. /
,.~c.-C/..-~z~>v- C ;;,. -0=~~~
---- _~___._. _____.~c.i-J....~____'_;L-----------
NOTARY PUBLIC -
~
",,,,,,,,,,,,
"" ,,' 0 r: ""
,>" ....\, &:. GII ~"
" \,\-"'........ <../ ...:~
,:.'ti v... ..:--V.1:'
j l \\OTAR,,\ \
: : ~ :
=-:(-. ._ :e...\:
= : ~:
:. . . :
l {,;:'.. ,oilBL\~ l~i
~. - ... .. ~"'~
-', 1)'~ ........(;j9-0.y.~
'-i'i" OF en\,.: \,>"
""Ulln..'l1\
CITY OF WHEAT RIDGE
(..x~113)/ b.
MEMORANDUM
-
To Glen Gidley
Suggested language to use
Subject Haag Annexation Petition
From
on
Date
John E. Hayes,
City Attorney
November 7, 1988
Approved
Date
I would prefer that paragraph 8 of the Annexation Petition
filed ~y I!r. JIang C~ behalf of Mid-W0St E~ildersf Inc., read as
follows (which would be in place of the language he had previously
suggested):
8. Petitioner intend to submit a request for rezoning
and subdivision plat approval upon the property
sought to be annexed hereby. Petitioner
respectfully request that the effective date of any
ordinance approving the annexation requested hereby
be after the date of decision relating to said
Rezoning and Subdivision Application. Petitioner
further respectfully requests that, in the event
said Application for Rezoning and Subdivision
approval be acted upon in a way or manner not
acceptable to Petitioner, that Petitioner be allowed
to withdraw this Petition for Annexation, and that
any ordinance approving the annexation be thereafter
repealed.
We also need to put into the Resolution an acknowledgement of
the provisions of section 8, together with a statement that the
city has made no guarantee with regard to zoning or subdivision and
that we will allow him to withdraw the petitions prior to the
effective date of the annexing ordinance.
Ei< l-U 6> rf G
RESOLUTION NO.
Series of 1988
TITLE:
A RESOLUTION TO TAKE NO ACTION ON A PETITION FOR
ANNEXATION.
IT IS HEREBY RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit
1 was filed with the City Clerk and referred to the City Council
for action.
2. The Petition for Annexation is not in substantial
compliance with C.R.S. 531-12-107(1).
3. The City Council is required by state law to take no
further action on the Petition for Annexation.
DONE AND RESOLVED this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
E--Xl4l&\l b
RESOLUTION NO. 1121
Series of 1988
TITLE:
A RESOLUTION TO SET A HEARING ON A PETITION FOR
ANNEXATION.
IT IS HEREBY RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit
1 was filed with the City Clerk and referred to the City Council
for action.
2. The Petition for Annexation is in substantial
compliance with C.R.S. 931-12-107(1).
3. No election for annexation has been held within the
last twelve months for the same or substantially the same area.
4. A hearing shall be held at:
December 12, 1988
date
7:30 P.H.
time
Hunicipal Building, 7500 W. 29th Avenue, Wheat Ridge CO
place
to determine whether the proposed annexation complies with C.R.S.SS
31-12-104 and -105.
5. The City Clerk is hereby directed to arrange for
appropriate and timely notices to be published pursuant to C.R.S.
S 31-12-108(2).
DONE AND RESOLVED this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
Wanda Sang, City Clerk
E-!(l-\l~1I L
../
INTRODUCED BY COUNCILMEMBER
Council Bill #366
Ordinance No.
Series of 1988
TITLE:
A BILL FOR AN ORDINANCE ANNEXING CERTAIN PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Annexation. The following described real
property is hereby annexed into the City of Wheat Ridge,
A portion of land located in the Northwest 1/4 of the Southwest
1/4 of Section 29, township 3 south, range 69 west of the 6th
P.M., County of Jefferson, State of Colorado, described as
follows:
Commencing at the center of said section 29; thence S 89043'30"
W, along the north line of the southwest 1/4 of said section 29,
1322.49 feet; thence S 00035'32" E along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 60.00 feet
to the point of beginning; thence S 89043'30" W parallel to the
north line of the southwest 1/4 of said section 29, 687.46 feet;
thence S 00036'56" E along the west side of Zinnia Street, 541.98
feet; thence on a curve to the left with a chord bearing of S
85039'10" E, a chord length of 74.76 feet, a radius of 463.83
feet, a length of 74.84, and a delta of 9014'40" along the south
side of west 31st Avenue; thence N 89043'30" E along the south
side of West 31st Avenue, 152.27 feet; thence N 07052'00" E along
the east side of west 30th Drive, 50.56 feet thence N 89043'30"
E, 453.06 feet; thence N 00035'32" W along the east line of the
northwest 1/4 of the southwest 1/4 of said section 29, 497.95
feet to the point of beginning, containing 8.1187 acres more or
less.
Section 2. Annexation Map. A map in the form prescribed by
C.R.S.S31-12-107(1)(d) is attached hereto as Exhibit 1.
Section 3. Severability. If any clause, sentence
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Ordinance No.
Series 1988
Page 2
Section 5. This ordinance shall become effective
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of , 1988,
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 , 1988, at 7:30
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
1988.
SIGNED by the Mayor on this
1988.
day of
DAN WILDE, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY
JOHN E. HAYES, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel:
Effective Date:
I move that Council Bill No. ~~~ be approved on first
reading, ordered published, public hearing to be set for Monday, ~,
1988 at 7:30 p.m. in City Council Chambers, Municipal Bldg., and lf approved
on second reading take effect 1~ day/s after final publication.
~]) /((A f r
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
November 1~988
The City Council Meeting was called to order by the Mayor at 7:30 p.m.
Councilrnembers present: Kent Davis, Tony FIasco, Doris Ibbison, Larry
Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth. Also
present: City Clerk, Wanda Sang; City Administrator, Mike Smith; City
Attorney, John Hayes; Director of Planning & Development, Glen Gidley;
Director of Parks & Recreation, Richard Bredt; staff; and interested
citizens.
APPROVAL OF MINUTES of October 24, 1988
Motion by Mrs. Ibbison for the approval of the Minutes of October 24,
1988; seconded by hr. West; carried 8-0. (Mrs. Snow's suggested
corrections were made).
PROCLAMATIONS AND CEREMONIES
Mayor's presentation of plaques to citizens who planned and hosted Hsien
Tien City delegation.
Mayor Wilde presented plaques to:
Leon Chen
Robert Bia
Angela Li (not present)
Ding-Wen Hsu
Doris Ibbison
Laurabell Neithercut
Claudia Worth
Tony FIasco
Lee Hill
Mike Potter
Don Neithercut
Eleanor Wright
Gary Maas
Tai-Dan Hsu
Stuart Meyers
Sun Meeks
Dorothy Barr
Kathleen Bower
LaVonne Youngblood
Paul Wu (not present)
Doris Ibbison presented a flag that she and others had sewn, depicting
the City of Wheat Ridge Seal. A similar flag had been given to the
Chinese delebation and thl.s one was for the City of viheat Rirjge.
Tony FIasco staterj that Mayor Wilde should have received a plaque tor
his contributions to the Chinese Vl.sit anrj enuouraged l:ounul.l to get a
plaque for him.
~ITY CUUNCIL MINUTES: November 14, 1988
CITIZENS' RIGHTS TO SPEAK
Page -2-
Phil ~dward', 11297 W. 44th Avenue, Pre,ident of Wheat Ridge Today and
TOlilorrow, submitted petition' on behalf of Wheat Ridge Today and
Tomorrow and on behalf of the 344 person' who had signed the petition'
and the person' who had circulaterl them. Their reque,t wa"l to nau,e the
park at 3Uth & Owens the Millie Malcom Park. Millie Malcom ha, given
many hour, of service to our community; has given 25,000 hour,; of
volunteer work to Lutheran Hospital, A letter of permi,sion by Millie
Malcom wa, also ,ubmitted.
Kay Ore, 10565 W. 46th Avenue, asked for a warning sign on Kipling
Street from 44th Avenue to the ,outh,ide service road, ,tating that
there i, a traffic light at the south,ide 'ervice road. There have been
a lot of near mi"e, there.
She further asked that the City look at po"ible development of Mugele
Park for the benefit of the citizens of Wheat Ridge and the touri,t,
,taying at nearby motel,.
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1. Application for a Special Events Permit from Sts. Peter and
Paul Church,
Motion by Mr. Merkl to approve the Special Event, Permit for Sts. Peter
and Paul Church, at the location of 3900-3920 Pierce Street, Wheat
Ridge, to di'pen,e malt, vinous and spirituous liquor on December 3,
1988 between the hour' of 7:00 p.m. and 12:00 mirlnight in the school
gym; seconded by Mr. Fla,co.
Linda Bacher and Daniel Bacher, 6790 W. 44th Place, were sworn in by the
Mayor and a,ked that thi, permit be granted because thi, wa, a funrl
raiser for the church to pay in,urance for the ~chool and the church.
Daniel Bacher will be the bartender for the event.
Motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
---
Council Bill 361 - An ordinance providing for the approval of
rezoning from Residential-Two to ConillJercial-One on lanrl located
at 10201 We,t 1-70 Frontage Roarl North, City of Wheat Ridge,
County of Jeffer,on, State of Colorado.
(Ca,e No. WZ-88-13) (Prudential In,urance Company of America)
~ouncil Bill 361 was introduced by Mr. Davi~ on second reading; title
rearl by the Clerk; Council Dill No. 775 a~'igned.
Mr. Girlley pre~ented the ca,e.
Di,cus,ion followerl.
CITY CUUNCIL MINUTES: November 14, 1988
Page -3-
Motion by Mr. Davi, that ~ouncil Bill 361 (urdinance 775) be approved
for the following rea,on,:
1. All po~ting, notification and jurisdiction requirements have been
met;
2. The request is in conformance with the Comprehensive Plan;
3. The propo,ed zoning i~ compatible with ~urrounding land use and
zon ing; and
4. The change of zone is neces,ary to accommodate relocation of Ramada
Inn', parking relating to the City's frontage road con~truction project;
~econded by Mrs. worth; carried 8-0.
Item 3. Council Bill 362 - An Urdinance repealing and reenacting
Section 18-31 Salarie, of the Code of Law, of the City of Wheat
Ridge.
Council Bill 362 wa~ introduced by Mr~. Worth on second reading; title
read by the Clerk; ordinance No. 776 assigned.
Rod John,on, 3313 Wright Street, spoke again~t the Urdinance.
Motion by Mr~. Worth for the adoption
reading; ,econded by Mr,. Keller; Mr.
feels thi~ again e~tabli~hes parity.
not the case.
Mntion carried 6-2 with Mr. FIasco and Mr. Davi, voting No.
of Ordinance 776 on second
FIasco will vote No, becau,e he
Mr. Hayes replied that thi, wa,
Item 4. Council Bill 363 - An Urdinance providing for the approval of
rezonin6 from Residential-Three to Re~tr1cted Commercial-One,
with conditions, on land located at 6991 We,t 37th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WZ-8U-11) (Lakeside National Bank)
~ouncil Bill 363 was introduced on second reading by Mr. Davis; title
read by the Clerk; Ordinance No. 777 assigned.
Mr. Gidley presented the case and answered Council's que,tions and
concern.:;.
Roger Reich, with R&W Engineering, representing the applicant, was sworn
in by the Mayor, spoke in favor of the application and answered
~ouncil'~ questions.
James H. Mitchel.l-t. 7005 W. 37th Avenue, was ,worn in by the Mayor and
asked why the originally di,cussed 8:00 p.m. closing of the
parking lot and that it would not be open on weekends was not in the
ordinance. Hi~ other point was the decea,ed trees along the fence, the
agreement had been that they would all be removed and he would like to
see thi, in the nrdinance a, well. He further asked that the level of
land would be the ,ame a' hi,; not in agreement with the 6' chain link
fence along 37th Avenue; 4' would be fine; he i, withdrawing his
prote,t.
~ITY CUUNCIL MINUTES: November 14, 1988
Page -4-
Victor ROberts, 3695 Qu~y Street, wa~ ~worn in by the Mayor and ~tated
that he wa~ one of the people who ~igned the legal prote~t againqt the
original plan; had had concern~ about drainage; only 8ft ea~ement; now
they have made mo~t correction~ and hi~ only question i~ who is going to
maintain thi~ property. He is now withdrawing his signature from the
legal protest, but want~ to make sure that all conditions will be
fulfilled.
Gwenda Krieger, 7005 w. 37th Avenue, wa~ ~worn in by the Mayor and
stated that if all condition~ were met and spelled out in the ordinance,
she would withdraw her name from the legal prote~t.
Richard Halbur, 6885 w. 36th Place, wa~ sworn in by the Mayor and
withdrew his name from the legal protest.
Laurence E. Linde, 3680 Reed Street, wa~ ~worn in by the Mayor and
withdrew hi~ name from the leg~l protest.
Erika Ziverts, 3685 Quay Street, wa~ ~worn in by the Mayor and withdrew
her and her hu~band's name from the legal protest.
~h Harv~, 3b60 Reed Street, was ~worn in by the Mayor and stated that
the Milburns and the Schwabs had withdrawn their names from the legal
protest.
Di~cussion followed.
~Iotion by Mr. Davi"> Ulat Counci 1 Bill 363 (Ordinance 777), a reque~t for
a rezoning from Residential-Three to Restricted Commercial-One for
property located at 6991 West 37th Avenue, be approved for the following
reasons: 1. Staff recommends approval. 2. The site plan is a fair
cOflq,)('ollli~e between the owners and the area residents. 3. Compatibility
ha~ been achieved by providing adequate visual buffering.
With the following conditions:
1. Construction be in accordance with the submitted
condition~ placed in the ordinance concerning use of
apply. 3. That a 4 ft fence be constructed instead
recommended 6 ft fence; seconded by ~]rs. Ibbi~on.
Mr. Merkl asked for an amendment that under Section 2. Conditions: 4. we
add "no later than 8:00 p.m. and the lot be open no earlier than 7:00
a.m."; under 7. we insert the words "no later than 8:00 p.m." We add a
condition 9 that the property owners will maintain the landscaped area
of the property. Condition 10. That construction will occur only
during daylight hours of a normal work week. No construction will
occur during weekends; seconded by Mrs. Keller; carried 8-0.
Vote on original motion carried 8-0.
~ite plan. 2.
the land ~hall
of the
1\.11
ORDINANCES ON FIRST READING
Item 5. Council Bill 364 - An Ordinance repealing and reenacting
Section 21-21 and Section 21-23 of Chapter 21, Article II, of
the ~ode of Law~ of the City of Wheat Ridge, Colorado,
pertaining to Taxation of Telephone Exchanges.
CITY COUNCIL MINUTES: November 14, 1988
Page -5-
Council Bill 364 waq introduced by Mrq. Worth on firqt reading; title
read by ~lerk. Motion by Mr~. Worth that Council Bill 364 be approved
on first reading, ordered published, public hearing be set for Monday,
November 28, 1988 at 7:30 p.m. in City Council Chambers, Municipal
Bldg., and if approved on qecond reading, take effect January 1,
1<jtJ9; seconded by Mr. FIasco; carried 8-0.
Item 6. Council Bill 365 - An Urdinance amending Chapter 14 of the Code
of Lawq of the City of Wheat Ridge by renumbering Article VIII.
General Provisions, and all Sections thereof; by repealing and
reenacting certain proviqions of Chapter 11. Massage Parlors,
as Article VIII of Chapter 14, and by thereafter repealing
Chapter 11. Ma~sage Parlors of the provisions of the Code of
Laws of the City of Wheat Ridge.
Council Bill 365 was introduced by Mrq. Snow on first reading; title
read by Clerk. Motion by Mrs. Snow that ~ouncil Bill 365 be approved on
fir~t reading, ordered published, public hearing be set for Monday,
November 28, 1988 at 7:30 p.m. in City Council Chambers, Municipal
Cldg., and if approved on qecond reading, take effect 15 dayq after
final jJublication; qeconded by Mr. Merkl; carried 8-0.
Item 7. Council Bill 367 - An Ordinance providing for the approval of
rezoning from Reqidential-Two (R-2) to Restricted
Commercial-One (RC-1) on land located at 8811 Weqt 37th Place,
City of Wheat Ridge, County of Jefferqon, State of Colorado.
(Case No. WZ-88-17) (Mary U'Callaghan)
Council Bill 367 wa~ introduced by Mr. Merkl on fir~t reading; title
read by Clerk. Motion by Mr. Merkl that Council Bill 367 be approved on
fir~t reading, ordered publiqhed, public hearing be qet for Monday,
December 12, 1<j88 at 7:'30 p.m. in C'i.ty (ouncil Chambers, Municipal
Bldg., and if approved on qecond reading, take effect 15 days after
final publication; seconded by Mrs. Keller; carried 7-1 with Mr. We'3t
voting No, because he feel~ 'i.t will be a waste of money to publish thi~
on first reading; Planning Commission turned this case down unanimously
because it is inconsistent with the Comprehensive Plan, incompatible
with the residential neighborhood, creating more traffic and noise.
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 8. Decision regarding Haab Annexation Petition.
Resolution 1121 - A Resolution to set a hearing on a petition for
Annexation.
Re~olution 1121 waq introduced by Mr. Weqt; title read by the ~lerk.
Motion by Mr. Weqt for the adoption of Re~olution 1121, and that the
hearing shall be held at January 9, 1989, 7:30 p.m. in the Municipal
Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado; qeconded by Mr.
FIasco. Mr. We~t asked that Mr. Haye'3' ~ugge~tion be incorporated into
the petition that under 8. instead of the original wording "Should the
Zoning and Subdiviqion Plat asqociated with the owners land within thiq
annexation be denied by the (ity of Wheat Ridge, at the petitioners
option, the annexation becomes null and void" the following
CITY COUNCIL MINUn.S: NovellJber 14, 1988
Page -6-
wording be u~ed in~tead:
"Petitioner intend~ to ,ubmit a reque~t for rezoning and ~ubdivi~ion
plat approval upon the property sought to be annexed hereby. Petitioner
re~pectfully reque~t~ that the effective date of any ordinance approving
the annexation reque~ted hereby be after the date of decision relating
to ~aid Rezoning and Subdivi~ion Application. Petitioner further
re'pectfully reque~t~ that, in the event ~aid Application for Rezoning
and Subdivision approval be acted upon in a way or manner not acceptable
to Petitioner, that Petitioner be allowed to withdraw this Petition for
Annexation, and that any ordinance approving the annexation be
thereafter repealec1."
Mrs. Worth will vote against this because she feels it amount~ to
blackmail. She thinks an annexation hearing and a rezoning hearing are
two c1ifferent thing~ and ~he i~ not comfortable with this. She would
like to see paragraph 8 completely left out of the petition.
Mrs. Snow a~ked Mr. West if he would agree to make the following part of
his motion: "The City has made no guarantee with regard to zoning or
~ubdivision. We will allow the applicant to withdraw the petitions
prior to the effective date of the annexing ordinance in accordance with
paragraph 8." Mr. ~e~t accepted this.
Rex Haag, 11658 W. 40th Circle, applicant, ~tated he had no problems
with paragraph 8. He stated they would like to be in the City, but they
would not want to lose their zoning that is on there now.
Motion carried 6-2 with Councilmembers Worth and Davis voting No.
Council Bill 366 - A Bill for An Ordinance Annexing certain property.
Council Bill 366 was introducec1 by Mr~. Ibbison on first reading; title
read by Clerk. Motion by Mrs. Ibbi~on that Council Bill 366 be approved
on fir~t reading, ordered published, public hearing be set for Monday,
January 9, 1989 at 7:30 p.m. in rity Council Chambers, Municipal Bldg.,
and if approved on second reading, take effect 15 day~ after final
publication; ~econded by Mrs. Snow; carried 6-2 with Mr~. Worth and Mr.
Davi~ voting No.
Item 9. Re~olution 1122 - authorizing the rity Treasurer to open a new
Bank ~ccount for the purpose de~crtbed herein.
Motion by Mr~. Worth that Resolution 1122 authorizing the City Treasurer
to open a new bank account for funds designated for use by the
Edgewater/Wheat Ridge roalition, Inc. for a drug and alcohol program be
approved; seconded by Mrs. Keller; carried 8-0.
Item 10. Re~olution 1123 - re~cinding Resolution 1104, Serie~ of 1988.
Re~olution 1123 wa~ introduced by Mr~. Snow; title read by the Clerk.
Motion by Mrs. Snow for the adoption of Resolution 1123 to take effect
immediately; ~econded by Mr. We~t; carried 8-0.
CITY COUNCIL MINUTES: November 14, 1988
Page -7-
Item 11. Re~olution 1124 - authorizing the Jeffer~on County Open Space
Official~ to acquire a portion of the Wheat Ri~ge Lumber
Company property, 8995 We~t 44th Avenue, consisting of
approximately four (4) acres, more or less, located in Wheat
Ridge, Colorado.
Resolution 1124 was introduced by Mr. Merkl; title read by the Clerk.
Motion by Mr. Merkl that Resolution 1124 be approved; seconded by Mrs.
Ibbiwn; carried 8-0.
Item 12. Motion to approve Deductible Level for Property/Casualty
Insurance.
Patty Crew explained the deductible level for Property/Casualty
Insurance and the pros and cons of $10,000 vs. $25,000 deductible.
Motion by Mr. Merkl that the City utilize a $25,000 deductible for
property/casualty insurance in 1989; seconded by Mr~. Worth.
Mr. FIasco will vote No, because he thinks we are being foolish not to
go with the $10,000 deductible.
Motion carried 6-2 with Mr. FIasco and Mrs. Snow voting No.
Item 13. Determination that Rescission of Kipling Activity Center Urban
Renewal Plan is a substantial modification.
Resolution 1125 - A Resolution of the City Council of the City of Wheat
Ridge, Colorado, regarding modifications of the Kipling Activity Center
Urban Renewal Plan and finding and declaring that such proposed
modifications constitute a substantial change to the Plan.
Resolution 1125 was introduced by Mrs. Worth; title read by the Clerk.
Motion by Mrs. Worth for the adoption of Resolution 1125; seconded by
Mr~eller; carried 8-0.
Item 14. Motion re: Key Telephone Dispatch System for Police
De~artment Communications.
Acting Chief Ray presented the different systems.
Motion by Mr. Merkl that the purchase of a Key Telephone Dispatch System
be approved and awar1e1 to AT&T (Option A) in the total amount of their
bid of $9,089. I further move we approve the purchase of Unex Headset~
from Graybar Electric for a total of $1,875. All costs to be charged to
Account No. 203-805 Communications Equipment. This will be a 1989
BIJd&et Expenditure; seconded by Mr. FIasco; carrie1 8-0.
Item 15. Motion re: Traffic Grant Expenditures.
Motion by Mrs. Keller that we approve the following purchases:
Three (3) each h~nd held radar units from Kustom Electronics for $3,195
from Account No. 203-809.
Two (2) each hi-low life saver directional arrows from Acme Precision
Industries, Inc. for $3,540 from Account No. 203-809.
Three (3) each Motorola speaker - mics from Motoralo Corp. for $257.58
from Acct. No. 203-805.
CITY COUNCIL MINUTES: November 14, 1988
Page -8-
I further move we approve the tran~fer of $6,902.31 from Acct. No.
203-807 to 203-809 to cover expenditure~.
Per term~ of Traffic Grant contract, the Department of Highway Safety
(DHS) will reimbur~e the City of Wheat Ridge $5,091.36, therefore our
total co~t~ amount to $1,931.22 for above equipment; ~econded by Mrs.
Ibbi~on; carried 8-0.
Item 16. Motion rD' Tenni~ Court Resurfacing Project.
Motion by Mrs. Worth that the contract for Tenni~ Court Resurfacing -
Apel Bacher and Randall Park~ be awarded to Coating~, Inc. in the amount
of $11, nO plu~ a 5% contingency for a total of $11,896 and that all
cost~ be charged to Acct. No. 54-601-814; ~econded by Mr. We~t; carried
8-0.
CITY ADMINISTRATOR MATTERS
Mike Smith informed Council of a program on Channel 9 regarding
pro~titution at Truck Stop~.
He received a copy of a letter today from Mr. Robert~ to the town of
Lake~ide a~king that they make their deci~ion by November 28 as to
whether or not they would voluntarily di~connect his property. After
that he as~ume~ he will take court action if he doe~ not receive an
affirmative an~wer.
CITY ATTORNEY'S MATTERS
John Hayes stated that he was in contact thi~ morning with Mr. Robert~'
attorneys, sugge~ting way~ in which a ca~e could be proven and
di~patched Tammy Green to the Secretary of State'~ office and the
Division of Local Governments to find out ju~t what compliance with
State Statute~ has been ongoing by the Town of Lake~ide ~ince their
inception; whether or not they have ever filed a budget or an audit.
Mr. Robert~' attorney will be pur~uing thi~ matter.
The clo~ing on the John~on water rights will take place this Wednesday.
A~ of that time we will own those water right~.
Mr. Goebel ha~ a matter th::,t need~ to be disclJ~~ed in Executive Se~sion
under Section 5.7(b)(1)(B).
Motion by Mr. Davis to hold an Executive Se~sion under Section
5.7(b)(1)(B); ~econded by Mr. Merkl; carried 8-0.
ELECTED OFFICIALS' MATTERS
City Clerk, Wanda SangL informed Council that ~he would be out of the
office until Mond::,y, November 21 and that her deputy would be in charge.
She will be attending a conference in Vail.
CITY COUNCIL MINUTES: November 14, 1988
Page -9-
Tony Fla~co reported on the re~ult~ of the DRCOG Meeting on We~t 32nd
Avenue. We did receive the variance and will proceed along the line~ of
the compromi~e.
Two other thing~ took place that night at DRCOG that night that he would
like to inform Council of. He ha~ a li~t of project~ that were either
added or deleted from the DHCOG 2010 plan; that doe~ not mean they will
be funded, it only means they have been either added or deleted. One of
the deletion~ he ha~ been a~ked about is We~t 32nd Avenue between
Sheridan and Pecos; 2.6 mile~ have been deleted. That doe~ not mean it
will or won't be built; it ~imply means it's not on the plan and if it's
built, it will be built under Denver regulation~.
Under DRCUG'~ last item, they are solicitin~ requests for grants for the
1990/91 program. West 38th Avenue, which is on the li~t for 1990,
will have to reapply to meet the new criteria. The ~chedule i~ in the
agenda; the City ha~ it; it is urgent that we re-apply as ~oon a~
pos~ible; he urge~ staff to get working on that and redo 38th Avenue in
acuordance with the new criteria and with the public input, if they are
interested. Al~o, if Council is intere~ted in any other project, they
are taking bid~ at this time.
Claudia Worth stated they had a ~light fire in their hou~e last night.
With Christma~ ~eason coming up, people should think about fire
extingui~hers and smoke alarm~ and fire drill~. She would like to ~ee a
safe Chri~tma~ for everybody; urged everybody to make sure their fire
extinguishers work.
A~ked if We~t 32nd Avenue was being designated as a minor arterial to go
from 1-25 to 1-70; people should be informed if thi~ wa~ the ca~e. She
has heard a lot of rumor~ and would like to have them checked out.
Mr. Fla~co replied he had just an~wered that question (~ee his comment~
~bove).
Motion by Mr. Merkl to su~pend the Rule~ and go past 11 :00 p.m. and
complete the Agenda; ~econded by Mrs. Worth; carried 7-1 with Mr. Davis
voting No.
Nancy Snow asked that COljncil see first what we were applying for with
Weqt 38th Avenue, instead of ju~t letting ~taff do it.
Have staff look at the possibility of boing jointly with the County and
Lakewood to apply for Youngfield.
What is going on in Lena Gulch? Who i~ out there surveying?
The answer was it is Sellards and Griggs surveying and design completion
work. It will not cost the ~ity any additional m~ney; the fund~ are
left over from Schedule IV.
Nancy requested that ~ouncilmembers bring their notebooks back.
CITY COUNCIL MINUTES: November 14, 1988
Page -10-
Randy We~t cOlnplimented Tony Fla~co on the profe~~ional pre~entation he
performed at the DRCOG meeting.
Motion by Mr~. lbbi~on that Kent Davi~ be re-appointed to Council
pre~ident; ~econded by Mr. West; carried 7-1 with Mr~. Snow voting No.
Mr~. Snow nominated Moe Keller for Mayor pro tern. Mrs. Keller declined.
Motion by Mrs. Ibbi~on to appoint Randy We~t as Mayor pro tem; seconded
by Mr. Davi~; carried 6-2 with Councilmember~ Keller and Worth voting
No.
Motion by Mr. Merkl to adjourn to Executive Session and to adjourn the
meeting immediately thereafter; seconded by Mr. Fla~co; carried 8-0.
EXECUTIVE SESS ION WAS HELD.
Meeting adjourned at 11:40 p.m.
Wanda Sang, City Clerk'---------
APPROVED BY CITY CUUNCIL ON NOVEMBER 28, 1988 BY A VOTE OF TO
k ent Dav i~-;- Counc 11 P re~ ident
HAYES & PHILLIPS, P.c.
<\ltorneys at Law
Suite 450, The Market Center
1,50 Seventeenth Street
Denver. Colorado 80202,1517
(303) 825,6444
John E, Hayes
Herbert C. Phillips
Victoria M Bunsen
James S, Maloney
Paul Godec
Of Counsel.
Harvey W Curtis
Star L Waring
PROCEDURE FOR ANNEXATION
OF PROPERTY PURSUANT
TO PETITION
This procedure outlines the steps necessary to complete an
annexation that has been initiated by the filing of a petition by
100% of the landowners within the area to be annexed. It does
not apply to related situations such as the filing of a petition
for annexation election or annexation initiated by the City. For
further details, consult the City Attorney and Part 1, Article
12, Title 31 of the Colorado Revised Statutes (which have been
amended in 1987 by Senate Bill No. 45).
Forms attached include:
1. Petition for Annexation
2. Affidavit of petition circulator,
3. Resolution finding petition for annexation not ~n
compliance with the law,
4. Resolution finding petition for annexation in
compliance with the law and setting a public hearing.
5. Notice to be published,
6. Resolution setting forth findings and conclusions from
public hearing, and
7 Annexation ordinance.
I. Filing Petition for Annexation
A. City Clerk ensures that:
1. All signatures are dated 180 days or less before
the date of filing. C.R.S. ~31-12-107(1)(e). ~
2. Four copies of the annexation map are attached.
C.R.S. ~31-12-l07(1)(d).
3. The affidavit of the circulator is attached.
C.R.S. ~31-l2-107(1)(c)(IX).
B. City Clerk refers the petition to the City Council as a
communication. C.R.S. ~31-12-107(1)(f).
C. Signatures shall be deemed sufficient unless an owner
in fee of an undivided interest in the same area of
land objects in writing to the City Council within 14
days after the filing of the petition. C.R.S.
~3l-l2-l07 (7) .
II. Action by City Council
A. City Council, without "undue" delay, must determine
whether the petition is in compliance with C.R.S.
~3l-l2-l07(1).
B. If it is not in compliance, the Council must make this
finding by a resolution.
C. If the petition is in compliance, the City Council must
adopt a resolution:
i. Finding the petition is in substantial compliance
with C.R.S. ~3l-l2-l07(1),
ii. Finding that no election for annexation has been
held within the last twelve months for the same or
substantially the same area, and
iii. Establishing a date, time, and place for a hearing
to determine whether the proposed annexation
complies with C.R.S. ~~3l-l2-l04 and -105. The
date must be 30 to 60 days after the effective
date of the resolution. A hearing need not be
held if it is determined conclusively that the
requirements of sections -104 and -105 have not
been met.
III. Notice Requirements
A. The City Clerk must publish a notice once a week for
four successive weeks. The first publication must be
at least 30 days prior to the date of the hearing.
Proof of publication should be kept for entry into the
record at the hearing.
B. The published notice must contain a copy of the
petition as filed (excluding signatures) together with
a notice that, on the given date and at the given time
and place, the City Council shall hold a hearing upon
the petition for the purpose of determining and finding
whether the area proposed to be annexed meets the
2
applicable requirements of sections 31-12-104 and
31-12-105 and is considered eligible for annexation.
C. The City Clerk must send, by registered mail, at least
twenty-five days prior to the date of the hearing, a
copy of the published notice, the resolution and the
petition as filed to the:
1. County clerk,
2. County attorney,
3. Any school district having territory within the
area to be annexed, and
4. Any special district having territory within the
area to be annexed.
C.R.S. ~31-12-l08(2).
IV. Preparation for hearing
A. Unless the area to be annexed is less than ten acres in
total area or unless the county has waived this
requirement,an annexation impact report must be
prepared. The details of what this contains are found
in C.R.S. ~31-l2-108.5.
B. The annexation impact report must be prepared at least
twenty-five days prior to the hearing and must be filed
with the board of county commissioners at least twenty
days before the hearing.
V. Hearing
A. The proceedings must be recorded.
B. Any person may appear and present evidence upon any
matter to be determined by the city.
C. The City Council must adopt a resolution setting forth
its findings of ~ an? its conclusion based thereon
with reference to:'--~
1. Whether or not the requirements of the applicable
parts of sections 31-12-104 and -105 have been met,
2. That an election is not required under section
31-12-107(2),
3. Whether any additional terms and conditions are to
be imposed.
3
D. If the resolution finds that the requirements are met
and no election is required, and also that no
additional terms and conditions are to be imposed, the
City Council may annex the area by ordinance.
VI. Effective date; required filings
A. The annexation shall be effective on the effective date
of the annexing ordinance and after the certified
copies have been recorded (see C below).
B. The Clerk must keep on file a copy of the annexation
map and the original of the annexing ordinance.
C. Two certified copies of the ordinance and map
(containing a legal description) must be recorded with
the county).
D. The annexation is effective for the purpose of general
taxation on the ensuing January 1.
C.R.S. S31-l2-1l3.
VII. zoning and subdivision
A. zoning procedures may be initiated any time after the
resolution is adopted finding the petition for
annexation to be valid.
B. The proposed zoning ordinance may not be passed on
final reading prior to the date when the annexation
ordinance is passed on final reading.
C. The same rules apply to subdivisions.
C.R.S. S31-l2-1l5.
4
AFFIDAVIT OF PETITION CIRCULATOR
The undersigned affiant hereby swears or affirms:
1. My name is Leland E. Gillan
and my address is 5126 \~. 38th Ave.. Denver. Co. 80212
2. I circulated the original of the attached copy of a
Petition for Annexation and collected the signatures shown
thereon.
3. Each signature found on the original of the attached
copy of the Petition for Annexation is the signature of the
person whose name it purports to be.
Further affiant saith not.
:;;:
C', ,
,/ ',/' //\/
,/7~r)/ -4('0
Name of Circulator
C- -..."
.:; ~- /I.-~. - _?~5.5
<Date)
Subscribed and sworn to before me this
/1,i.-c{r.CL-- , 198 L.
5
day of
My commission expires:
1-;20 - 9/
) Ie ~uJ,t)Ju! -.Sl.} }'O
Notar~ PublIC "
,:r~:~~/:'~~
..~ \.~,' i-" I '''",
. - ,~" ~ ~ ~"<,'~? ...."
,\
I,
,
\t'
"~"i
"'::',,' _~,,,;\;::.~.r_f