HomeMy WebLinkAbout04/24/2006
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 24, 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF April 10, 2006
PROCLAMATIONS AND CEREMONIES
Municipal Clerks Week - April 30 through May 6, 2006
National Crime Victims' Rights Week - April 23-29, 2006
Arbor Day - May 13, 2006
Cover the Uninsured Week - May 1 - 7,2006
CITIZENS' RIGHT TO SPEAK
1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2 Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF A ZONE CHANGE FROM R-2, RESIDENTIAL-TWO TO
PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF
AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT
7495 W 29TH AVENUE.
(CASE NO WZ-05-10) (MICHAEL PHARO FOR M & E FINANCIAL LLC)
CITY COUNCIL AGENDA. April 24, 2006
Page -2-
ORDINANCES ON FIRST READING
Item 2.
COUNCIL BILL 09-2006 - AN ORDINANCE PROVIDING FOR THE
APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR
PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT
LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
(CASE NO WZ-05-12)
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 3. RESOLUTION 18-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET
TO REFLECT ACCEPTANCE OF THE COLORADO AUTOMOBILE
THEFT PREVENTION AUTHORITY GRANT
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS,
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
April 10. 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7,00 p m, Council members
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Larry Schulz, Mike Stites, and
Terry Womble Wanda Sang was absent. Also present: City Clerk, Pamela Anderson, City
Manager, Randy Young, Deputy City Manager, Patrick Goff; Chief of Police, Dan Brennan,
City Attorney, Gerald Dahl, Director of Public Works, Tim Paranto, staff; and interested
citizens
APPROVAL OF MINUTES OF March 27, 2006
Motion by Mr Gokey for approval of the Minutes of March 27, 2006, seconded by Mr Schulz;
carried 7-0
PROCLAMATIONS AND CEREMONIES
Chief Brennan and Mayor DiTullio presented a Plaque of Appreciation to Pastor Paul Espinosa
and Mary Espinosa of Healing Waters Family Center, 6475 W 29th Avenue, for allowing the
Police Department to use their facilities for their promotional process,
Mayor DiTullio read Proclamations for Community Development Awareness Week - April 17 -
21, 2006 and Chernobyl Commemoration Day - April 26, 2006
Cheryl Brungardt presented Plaque to Mayor DiTullio from the Wheat Ridge Housing Authority
CITIZENS' RIGHT TO SPEAK
Jill Strunk, 6915 W 29th Avenue, thanked the Mayor and Council for their support of
HB06-1201, concerning an increase in the use of limited game funds for tourism
promotion She brought up the issue of a sink hole in their street in front of their
property She distributed a handout to City Council
Mike Maiers, 6925 W 29th Avenue, addressed drainage problems in his neighborhood,
as well as the sinkhole mentioned by Ms Strunk,
APPROVAL OF AGENDA
Motion by Mr Stites to amend the agenda to include Item 2, RESOLUTION17-2006-
APPROVING AN INTERGOVERNMENTAL AGREEMENT ON ANNEXATIONS,
INCLUSIONS, AND TAX LEVIES BETWEEN THE CITY OF WHEAT RIDGE,
PROSPECT RECREATION AND PARK DISTRICT AND CABELA'S RETAIL INC,;
seconded by Mr Womble, carried 7-0
CITY COUNCIL MINUTES April 10, 2006
Page -2-
Item 1.
CONSENT AGENDA:
A. Award ITB-06-13 2006 Overlay Project in the total amount of
$684,11366,
B Award ITB-06-14 2006 Concrete Rehab Project, approve 2006
Concrete Rehab Project Change Order No 1 and authorize
expenditure not to exceed $223,214,20
C Award ITB-05-49 Integrated Security Management System in an
amount not to exceed $208,141 00
D City Contributions to Outside Agencies
E. RESOLUTION 16-2006 - SUPPORT OF THRIVING WHEAT RIDGE'S
HEALTHY EATING AND ACTIVE LIVING (HEAL) PROGRAM
Consent Agenda was introduced and read by Mr Stites Mr Schulz asked to pull E,
Motion by Mr Stites for approval of the Consent Agenda Items A, B , C , and D ,
seconded by Mr Womble, carried 7-0
Mr Schulz introduced Item 1 E, and read the executive summary and the statement of
the issues,
Motion by Mr Schulz to approve Resolution 16-2006, seconded by Mr Womble
Elise LuBell, Director of Health Promotion for Jefferson County Department of Health
and Environment, thanked the Mayor and City Council for their support of this
Resolution
Motion carried 7-0
DECISIONS. RESOLUTIONS. and Motions
Item 2.
RESOLUTION 17-2006- A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT ON ANNEXATIONS,
INCLUSIONS, AND TAX LEVIES BETWEEN THE CITY OF WHEAT
RIDGE, PROSPECT PARK AND RECREATION DISTRICT, AND
CABELA'S RETAIL, INC
Motion by Stites to approve Resolution 17-2006, seconded by Mr Schulz,
Flora Andrus, 4891 Xenon Street, Chair of the Prospect Park and Recreation District
and Rick Daly, Attorney for the District, 4891 Xenon Street, were present to answer
questions from City Council
Motion carried 6-1, with Mr Gokey voting no
CITY COUNCIL MINUTES April 10, 2006
Page -3-
CITY MANAGER'S MATTERS
City Manager Randy Young u~dated the City Council on the investigation of the P,ot-
hole and drainage pipe on 29t Avenue that had been addressed earlier this evening A
camera will be run through the line to obtain more information
ELECTED OFFICIALS' MATTERS
Motion by Mr Womble to direct staff, based on our new information provided by Jill
Strunk, to look into and direct an effort to solve the immediate problem of a destroyed
storm pipe and drain and to look into a partnership for costs that are incurred, seconded
by Mr Gokey Mr Gokey amended that once the findings are received it comes to a
Study Session for discussion
Discussion followed
Mr Womble withdrew his motion
Motion by Mr Womble to bring forth as soon as possible to a study session the information
gathered from this investigation, seconded by Mr Gokey; failed 5-2, with Mr Womble and Mr
Gokey voting yes
Meeting adjourned at 7 57 P m
(
,
APPROVED BY CITY COUNCIL ON APRIL 24, 2006 BY A VOTE OF to
Mike Stites, Council President
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions
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PJROCLAMA TION
CITY Of WHEAT RIDGE
MUNICIPAL CLERKS WEEK
April 30 through May 6, 2006
.
Whereas, The Office of the Municipal Clerk, a time honored and vital part of
local government eXists throughout the world, and
Whereas, The Office of the Municipal Clerk is the oldest among public
servants, and
Whereas, The Office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies and agencies of government at
other levels, and
Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality
and impartiality, rendering equal service to all
Whereas, The Municipal Clerk serves as the information center on functions of
local government and community
Whereas, Municipal Clerks continually strive to improve the administration of
the affairs of the Office of the Municipal Clerk through participation in education
programs, seminars, workshops and the annual meetings of their state, province,
county and international professional organizations
Whereas, It is most appropriate that we recognize the accomplishment of the
Office of the Municipal Clerk.
Now Therefore, I, Jerrv DiTullio, Mayor of The City of Wheat Rldqe
do recognize the week of April 30 through May 6, 2006, as Municipal Clerks
Week, and further extend appreciation to our Municipal Clerk,
Pamela Anderson and to all Municipal Clerks for the vital services they perform
and their exemplary dedication to the communities they represent.
Dated thiS day 24th day of April ,2006
Attest:
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Deputy City Clert\
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PROCLAMATION
NATIONAL CRIME VICTIMS' RIGHTS WEEK
APRIL 23 - 29, 2006
WHEREAS, victims of crime across America need and deserve support and assistance to help
them cope with the consequences of crime, and
WHEREAS, National Crime Victims' Rights Week - April 23 to 29, 2006 - offers us all the
opportunity to promote strength in unity in helping victims and survivors of crime, and recognizing
their rights as victims, and
WHEREAS, victims and survivors of crime can gain strength from the wide range of supportive
services offered by over 10,000 community-and justice system-based programs, and the more than
32,000 federal and state statutes that define and protect their rights, and
WHEREAS, America has demonstrated its caring and compassion for victims of crime, from
individuals who provide support to a victim in need, to community collaborations that result in
comprehensive services for victims of violence against men, women and children to our entire
nation's response to the victims of the terrorist attacks on Oklahoma City and on September 11,
2001, and
WHEREAS, by being untied against crime and for victims' rights and services, we gain strength
as individuals, as communities, and as a nation as a whole, and offer strength to victims who seek to
recover in the aftermath of crime, and
WHEREAS, we must remain united in our commitment to ensure that all crime victims and
survivors are treated with compassion and respect, recognized as key participants within our system
of justice, and afforded services that provide help and hope to them, and
WHEREAS, America has joined together each April since 1981 to recognize the needs and rights
of crime victims and survivors during National Crime Victims' Rights Week; therefore, be it
RESOL VED, that the City of Wheat Ridge proclaims the week of April 23 to 29, 2006, to be
Crime Victims' Rights Week, and honors crime victims and those who serve them during this week
and throughout the year; and be it further
RESOL VED, that we stand united in our commitment to victim justice as individuals, communities
and a Nation, and be it further
RESOL VED, that a suitably prepared copy of this proclamation be presented to Victims
Outreach
IN WITNESS THEREOF on this dlJ./ /).. day of ~ orl / ,2006
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PROCLAMA TION
ARBOR DAY & TREE CITY U.S.A.
May 13,2006
WHEREAS, trees have always been regarded as an Important asset to the cItIzens of the
Commumty of Wheat RIdge, provldmg one of the first business opportunitIes m the 1860's, and
WHEREAS, trees continue to be respected as an Important part of the quahty ofhfe to
the cItizens of the CIty of Wheat RIdge, enhancmg property values and commumty spmt; and
WHEREAS, our mature trees are suffering from the devastatIon of envIronmental
stresses mcludmg msect and dIsease, wmter drought and severe temperatures, and
WHEREAS, cItIzens, busmesses, green mdustry, elected offiCIals and staff continue to
work together to mamtaIn and provIde for tree covered streets, parks and properties, and
WHEREAS, all VIsItors to Wheat RIdge wJlI benefit from the plantmg of trees, and
WHEREAS, the CIty of Wheat RIdge has been awarded "Tree CIty U,S,A" by the
NatIonal Arbor Day FoundatIOn, and
WHEREAS, the CIty of Wheat RIdge takes pnde m provIdIng tree care workshops, tree
plantmg programs and a comprehensive Commumty Forestry program,
NOW therefore, I, Jerry DiTulho, Mayor of the CIty of Wheat RIdge, do hereby declare
Saturday, May 13, 2006 as
"CITY OF WHEAT RIDGE ARBOR DAY C'ELEBRA TlON"
and encourage all CItIzens and bUSInesses of Wheat RIdge to partIcIpate In thIS effort by plantmg
a tree or shrub / /,.,
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Pamela Anderson, City Clerk
CoverThe---- , MAY 1-7
UninsuredWeelc 2006
LET'S GET AMERICA COVERED
Whereas, nearly 46 million Americans-one out of every seven-do not have
health care coverage,
Whereas, 767,000 Coloradoans do not have health care coverage,
Whereas, eight out of 10 people who are uninsured are in working families,
Whereas, there are more than 8 million children in America without health
coverage,
Whereas, uninsured Americans live sicker and die younger than those who are
covered;
Whereas, as costs continue to rise, fewer individuals and families can afford to
pay for coverage and fewer small businesses are able to provide coverage for
their employees,
Whereas, Exempla Lutheran Medical Center, the West Chamber Serving
Jefferson County and Metro Community Provider Network are partnering to raise
awareness about the uninsured in our community;
Therefore, we recognize the urgency to put politics aside and take meaningful
steps toward solutions to one of America's greatest problems, and hereby
declare May 1-7, 2006, Cover the Uninsured Week in
Wheat Ridge Colorado
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Ilio, Mayor
Let's Get America Covered.
ITEM NO' ~
REQUEST FOR CITY COUNCIL ACTION
~
COUNCIL MEETING DATE'
April 24, 2006
TITLE:
COUNCIL BILL NO. 06-2006: AN ORDINANCE PROVIDING
FOR THE APPROVAL OF A ZONE CHANGE FROM R-2,
RESIDENTIAL-TWO TO PLANNED COMMERCIAL
DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495
W. 29TH AVENUE (CASE NO. WZ-05-10)
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING
~ ORDINANCES FOR 2ND READING
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Community Development Director
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No
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AC/l"::fity Manager
EXECUTIVE SUMMARY:
The applicant requests approval of a zone change from R-2, Residential-Two to Planned
Commercial Development (PCD) and for approval of a peD Outline Development Plan for
property located at 7495 W 29th Avenue,
The Outline Development Plan accompanies the rezoning ordinance and sets allowable uses and
development standards, It is general in nature and serves as basic blueprint for development of the
property, A Final Development Plan and plat would have to be approved at a future date prior to
any development occurring on the property
Planning Commission gave a recommendation of denial for this request at a public hearing held on
March 16, 2006,
This City Council action is related to Goal 2 of the Strategic Plan of planning for growth and
opportunities, It is also related to NRS strategies of promoting development of the Wadsworth
corridor by providing destination retail businesses, an expanded tax base and Increased property
values,
COMMISSION/BOARD RECOMMENDA nON:
Planning Commission reviewed this request at a public hearing held on March 16, 2006. A
recommendatton of Demal was given for the following reasons:
1 There is no reason to expand commercial land use area in Wheat Ridge, Wheat Ridge
must develop the commercial areas we have and not devalue eXIsting uses,
2, ThIs request would create an isolated spot zone,
3. This request would not benefit the neighbors,
4, The neIghborhood objection is enough to constitute a legal protest.
5 Adjacent landowners would not support this request.
There were eighteen people in the audience who spoke regarding the application, Additional wntten
comments submitted into the record at the pubhc hearing have been attached,
Written opposition meeting the City's legal protest provisions has been filed regarding the application,
This will require a three-fourths vote of the enttre City Council to approve the zone change,
ST A TEMENT OF THE ISSUES:
Based on CIty Council actIOn regarding the historic designation hearing, the ODP has been redesigned
so that the existing house (mansion), the pergola and possibly the chapel are incorporated into the
plan, The property owner has committed to a deed restriction on the house pad so that it will remain
"as is" in perpetuity. If the zone change is approved, the remainder of the structures on the property
would be offered for relocation to any interested party, If not relocated, the structures would be
demohshed and the remainder of the site would be developed for commercial uses including retail,
office, restaurant and neighborhood service establishments,
Based on testimony given at the Planning CommIssion public hearing, the following modifications
have been made to the Outline Development Plan document:
P AGE ONE
1 Use #6, "Automotive parts and supply sales" has been amended to read "Auto parts. supplies
and aftermarket accessones. excluding those businesses which derive the preponderance of
their revenue from over-the-counter sales of merchandise intended for customer installatton,
No on-site automotive repalfS allowed; installatton to occur withm the allowable busmess",
2, Use #24. "Eating establishments, sit down" has been amended to read "Eating establishments-
sit down, with liquor service",
3, Use #40, "Liquor stores with no drive through" has been amended to read "Liquor stores of
high quahty with no drive through"
4. Use #59, "Tavern. night clubs. lounges, private clubs and bars" has been amended to read
"Taverns or bars WIth food service".
2
5 Under "Development Criteria", Maximum Building Height has been reduced from "3 stones
or 45 feet" to "2 stories or 35 feet",
PAGE TWO
1, The north and east property line adjacent to existing low density residential is to be
Improved with "6 foot sohd fencing with overstory plantings",
2, Development areas 1, 2 and 3 have been identified in accordance with those areas
referenced on page 1 of the ODP,
3, It is noted that trash areas be buffered with solid masonry enclosures with landscaping,
4, Pergola features are shown at all four comers of the property
5, The pedestrian connection has been maintained but seating areas have been removed,
If there are additional uses which are undesirable at this location, they could be excluded as
conditions of an approval motion,
AL TERNA TIVES CONSIDERED:
Do not approve the zone change, This would leave the current Residential-Two zomng,
FINANCIAL IMPACT:
A one time review fee was collected for the processing of this application, Additional review fees will
be reqUired for the processing of the Final Development Plan and plat and building permit. Sales tax
revenues may be generated if the property is rezoned for retail uses, Use tax will also be collected on
any building materials,
RECOMMENDED MOTIONS:
"I move to APPROVE Council Bill No. 06-2006, Case No, WZ-05-1 0, a request for approval of a
zone change from R-2, Residential-Two to Planned Commercial Development and for approval of
an Outlme Development Plan for property located at 7495 W. 29th Avenue for the following
reasons,
I, The property is unSUitable for low density residential use due to intensification of traffic and
uses along the Wadsworth corridor
2, This land was used as a fairly intensive non-conforming commercial use (mortuary and
funeral chapel) for over 40 years,
3, Zoning and development of the site would support the Neighborhood Revitalization
Strategy concerning the redevelopment of the Wadsworth Corridor.
4, The design parameters shown are generally consistent With the C-l zone district.
5, The proposed document meets all requirements for a Planned Commercial Development
Outline Development Plan,
6. The application meets the reqUirements of Section 26-112 D of the Code of Laws,
7, The February 27,2006, City Council conditions have been incorporated into the Outline
Development Plan,
3
With the following condItions:
A tree assessment performed by a licensed arborist be submitted at the time of Final
Development Plan and plat.
(Ifit is appropriate to exclude liquor stores from the list of permitted uses, add #2 below
to your motion.)
2, Use #40, "Liquor stores of high quality with no drive through" be eliminated from Page 1
of the ODP document.
(If it is appropriate to exclude taverns or bars from the list of permitted uses, add #3
below to your motion.)
3 Use #59, "Taverns or bars with food service" be eliminated from Page 1 of the ODP
document.
or,
"I move to reject Council Bill No, 06-2006 and therefore deny Case No, WZ-05-10, a request for
approval of a zone change from R-2, ResIdential-Two to Planned Commercial Development and
for approval of an Outline Development Plan for property located at 7495 W, 29th Avenue for the
followmg reasons:
1
2,
3,"
Report Prepared by:
Reviewed by:
Meredith Reckert (303-235-2848)
Alan White
Attachments:
1, City Council staff report (with exhibits)
2, EVIdence entered into the record at the 3-16-06 Planning Commission public heanng,
3, Conceptual site plan and rendering
4, Council BIll No, 06-2006
060424 2nd reading.doc
4
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO'
City Council
CASE MANAGER. M, Reckert
DATE:
April 12, 2006
DATE OF MEETING April 24, 2006
CASE NO. & NAME
WZ-05-10IPharo (Wadsworth Exchange)
ACTION REQUESTED'
Approval of a zone change from R-2 to PCD and approval of an Outline
Development Plan
LOCATION OF REQUEST. 7495 W, 29th Avenue
APPLICANT/OWNER: Michael G Pharo Associates for M & E Financial, LLC
APPROXIMATE AREA, 4 6 acres
PRESENT ZONING R-2, Residential Two
COMPREHENSIVE PLAN Small Office/Business Center and Low Density Residential (Not to exceed four
du's per acre)
ENTER INTO RECORD:
(X)
(X)
o
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULA nONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENT A nON
City Council
WZ-05-IO/Pharo for Wadsworth Exchange
ATTACHMENT 1
1
All notIfication and posting requirements have been met; therefore, there IS jurisdiction to hear this
case,
I. REQUEST
ThIS applicatIon is for approval of a zone change from Residential-Two to Planned Commercial
Development and for approval of an Outline Development Plan for property located at 7495 W, 29th
Avenue, The purpose of the zone change is for the construction of retaIl/restaurant development.
See applicant's explanation of the request. (Exhibit 1, applicant letter)
II. EXISTING CONDITIONS
The property in question is zoned ResIdential-Two, IS comprised of 46 acres of land area and has
street frontages on three sides; W 29th Avenue on the south, Wadsworth Blvd, on the west and the
interior curve of the intersection ofW 30th Avenue and Webster at the northeast comer of the
property An unbuilt half width of right-of-way for W 30th Avenue abuts the property on the north,
(Exhibit 2, AL T A survey)
The R-2 zone district is a low denSIty residential zone category allowing single famIly dwellmgs and
duplexes. If developed under the existing zoning conditions, approximately twelve duplexes could be
built on the property,
There are three primary structures on the property, On the north end of the site is a one and a half
story frame farmhouse structure which was built circa 1892, Structures associated with the farmhouse
include the original barn with brick foundation and a newer, contemporary double car garage. The
farmhouse has an 842 square foot footprint. A driveway runs along the northern side of the structures
from Wadsworth east to the 30th Avenue/Webster intersection,
On the southern portion of the property is what once was a primary residence of the Olinger family
built in 1914 It is of brick construction, contains a 3300 square foot footprint and has a red tiled roof.
The interior of the structure was modified for office use. Other modifications to the original structure
mclude a tented vinyl breezeway on the east side and a handicapped ramp on the west side,
The third primary structure on the property IS the chapel which was built in 1969-1970, It has Similar
architectural features to the house including the same brick pattern and red tiled roof. It has a
basement, a porte cochere on the south side and is 3300 square feet in size,
Other miscellaneous features on the property include a brick well house and a pergola running along
the Wadsworth frontage, The pergola and the climbing roses along the support columns became an
identifymg feature for the property to the extent that the mortuary was called the "Rose Arbor
Mortuary", A parking lot large enough to accommodate around 100 vehicles IS located in the interior
of the site,
III. PROPERTY HISTORY
It is unclear as to when and how the property was converted from residential to a commercial
mortuary use, On August 5, 1969, the Jefferson County Board of Commissioners approved a zone
City Council
WZ-OS-IO/Pharo for Wadsworth Exchange
2
change on the property from R-2 to RCI subsequent to the issuance of a building permit for the
chapel. Seven days later, the Mayor and City Council of the newly incorporated City of Wheat Ridge
came into office, Neighbors and adjacent property owners filed suit to overturn the zone change in
district court, In April of 1970, the court found that the rezoning was an unconstItutional exerCise of
zoning powers by the Board of Commissioners and ordered the City of Wheat Ridge to take action to
rezone the property back to R-2, At that time a church (chapel) was a permitted use in the R-2 zone
distnct
The use ofthe property as a mortuary office and chapel is conSidered non-conforming, Since the
property was sold, chapel services and the use of the mansion as offices have stopped, Under the
existing zoning and development code, mortuaries and crematories are special uses m the C-I, C-2 and
I zone districts, Principal, commercial uses are not permitted in the R-2 zone district. Churches are a
special use in the residential zone districts,
The historical landmark designation was not approved contmgent upon several conditions, The
conditions pertment to the ODP have been incorporated,
The property was subject to a historical landmark designation applicatiOn filed by the Wheat Ridge
Historical Society, It was reviewed by City Council at a public hearing held on January 9, 2006, The
case was contmued until January 23,2006, and then February 27 so that negotiations could occur
between staff, the property owner and the historical society.
At the February public hearing a motion was made regardmg Case No WHL-05-01 to decline to
approve the historical designation for the following reasons:
1, The absence of sufficient factors under Section 26-906 of the Wheat Ridge Code of Laws;
2, The property owner does not consent to the designation; and
3, The applicant and property owner have reached an agreement with respect to the
preservation of certain structures and elements on the site,
It was further moved that City Council action not take effect until the approval of an Outline
Development Plan which meets the following conditions,
The Olinger house be retained in its present location and exterior condition, normal
maintenance and upkeep expected,
2, The interior of the main house may be used for any purpose permitted by the then-current
zomng.
3, The existing pergola shall be moved, iffeasible, to a location or locations on the subject
property or shall be reconstructed at one or more locations on the subject property.
4 An option to acquire the old house and barn on the site (for no monetary consideration) shall
be granted to any responsible organization, conditioned upon such option bemg exercised and
buildings moved off of the site pnor to the initIation of any constructIon on the site by the
owner.
5. a, No application for a demolition permit shall be accepted, nor any such permit issued by the
City for the Olinger house (mansion) or the pergola until the pending ODP application for the
subject property has either been approved or denied, pursuant to the customary review process
for such applications,
Ciiy Council
WZ-OS-10IPharo for Wadsworth Exchange
3
b. The architectural design of any new structures on the property will be consistent with the
elements of the architectural style of the Olinger house, mcluding such elements as. by way of
example, roof lines and shapes, buildmg materials and colors, wmdow patterns, buildmg Size,
building mass,
6, The property owner shall have consented to the foregoing conditions of an Outline
Development Plan approval on the record before the City Council.
IV. OUTLINE DEVELOPMENT PLAN
The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable
uses and development standards for the property Typically the Outline Development Plan IS general
m nature and serves as the bluepnnt for development of the property by showing approximate areas of
landscaping, building footprints and parking,
The Outline Development Plan is also used to establish deSign parameters including maximum
building height, minimum landscaped coverage and minimum perimeter setbacks, (Exhibit 3, Outline
Development Plan)
Structure configuration
The proposed Outline Development Plan is shown as preserving the house and chapel on the south
Side m their existing configurations (described as areas 1 and 2 on page I), Verbiage has been
included on the front page of the document addressing the relocation/reconstruction of the pergola in
different areas on the property, The farmhouse and barn on the north end have not been incorporated
into the Outline Development Plan,
Use area 3 (the grounds) is indicated as the area for new construction located north of the existing
structures remaining, The configuration of the new area may be a smgle structure or several smaller
structures consistent with the three pads shown, to be determined at the time of Final Development
Plan and plat. MaXimum bUilding coverage for all structures is shown as 30,000 square feet with
overall maximum coverage by buildings and hard surfaces of 80%,
Allowable uses
Permitted uses were taken from the Commercial-One zone district regulations, Many of the normally
permitted uses m C-I have been eliminated based on traffic generation and negative impact on the
neighborhood, Those eliminated uses include the followmg: auto sales, auto service and repair, fast
food restaurants, gas stations, cabinet shops, carpet clearing, day care. electrical supplies and service,
equipment rental agencies, exterminators, home improvement supply stores, locksmith shops, mdoor
amusement enterprises, indoor flea markets, motorcycle sales and service, schools, plumbing and
heating supply stores, schools. and upholstery shops, Drive-through facilities have been elimmated
from the liquor store category. Uses which are allowed to have "soft" drive-through facilities include
banks, coffee shops, laundry and dry cleaning shops and pharmacies. No additional land use process
is required for these uses,
The use list includes churches with daycare and preschool (#17) and residential uses (#52).
City Council
WZ-05-10/Pharo for Wadsworth Exchange
4
Landscaping
The ODP sets the minimum amount of landscaping at 20%, The property currently has an abundance
of existing landscape materials, A variety of large trees are located around the house and chapel. Tree
varieties include cottonwoods, oaks and blue spruce, The area to the northeast of the intenor parking
lot is park-like with trees and shrubs, A variety of fencing types belonging to the houses on Webster
run along the eastern property line, varymg from an absence offencing to 8' high solid fencing,
Another landscape feature is a sunken garden area with concrete walks and stairways on the east side
of the chapel.
The applicant has indicated that many of the existing mature trees are diseased or in failing condition,
Although as many as possible will be saved, those that are in bad health or interfere With building pads
will be removed, At the time of final development plan and plat, Staff will require a tree assessment
performed by a licensed arborist.
The pergola runmng along Wadsworth is over 300' long and 15' in width, The columns are 2' in
diameter and constructed of concrete and stucco The original wooden slats across the top of it have
been replaced by vinyl. In its current configuration it is located m the area reqUired for right-of-way
dedicatIOn, Construction of lane Improvements and an additional through lane with curb and gutter
and separated sidewalk will require relocation/reconstruction of the pergola elsewhere on the site,
(Exhibit 4, aerial with row configuration) This is a condition of the February 27th City Council
motion which was agreed to by the property owner.
A solid wall or fence at least 6' m height in combination With landscaping will be required to be
constructed along the east and north property lines
Access:
Existin~ access to the site is by two pnmary curb cuts; one each on W. 29th Avenue and Wadsworth,
The 29t Avenue entrance is pushed to the east against the common property line with the row of
homes on the west Side of Webster. It is offset from the City Hall entrance by about 35', The other
primary access from Wadsworth is located north of the house. A second access point farther north on
Wadsworth appears to only proVide access to the farmhouse, This driveway provides access through
to the Webster/W 30th Avenue mtersection,
Proposed access points are depicted on 29th Avenue ali~ning opposite the access into the municipal
bUilding property and 500' north of the Wadsworth/29t Avenue intersection, The 29th Avenue access
will be full movement. The access to Wadsworth will be restricted to nght-in/nght-out. The location
of the Wadsworth access point may shift north or south of the location shown, to be determined at the
time ofFDP and plat. A pedestrian connection will occur at the northeast comer of the property at the
Webster/W, 30th Avenue intersection, No vehicular access will be permitted from this comer.
Public Works has determined that a total of 45' of right-of-way/easement area will be required for
future roadway improvements, A 20' right-of-way dedication will be required to accommodate
public improvements with this development (lane widening, new through-lane, and separated
sidewalk), An easement/reservation area will accommodate future widening and streetscape
improvements, Both of these reservations are shown on the ODP document.
An RTD transit stop is depicted north of the Wadsworth IW, 29th Avenue intersection,
City Council
WZ-05-10/Pharo for Wadsworth Exchange
5
Building Height/Minimum Setbacks
Maximum buildmg height is specified as 35' which is more restrictive than the 50' allowed bUilding
height in the RC and C-l zone districts, Setbacks proposed are generally consistent with our
commercial zone districts,
Development Standards:
The development standards depicted in the table are shown on the ODP, Future development of the
site must comply with these standards,
Item Requirement
Maximum Building and Hard Surfaced
Coverae:e 80%
Minimum Setbacks
From rights-of-way: 30'
From northern property line: 20'
From eastern property line: 20'
Minimum Landscaped Coverage 20%
Minimum Parking Required Refer to Section 26-501 of the Wheat Ridge
Code of Laws for additional requirements
Maximum Building Height 35'
Signage Refer to Article VII of the Wheat Ridge Code of
Laws
Fencing Refer to Section 26-603 of the Wheat Ridge Code
of Laws
Exterior Lighting Refer to SectiOn 26-503 of the Wheat Ridge
Code of Laws
Architectural Detail Refer to the Streetscape and Architectural Design
Manual
Staff concludes that the proposed development standards are generally consistent with those in the
Restricted Commercial and Commercial-One zone district regulations. All requirements for a Planned
Commercial Development Outline Development Plan have been met.
V. ZONE CHANGE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a change in zone,
1, That the existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
The official zoning map is not in error. The parcel is currently zoned Residential-Two
City Council
WZ-OS-lOJPharo for Wadsworth Exchange
6
2. That a change in character in the area has occurred due to installation of public facilities,
other zone changes, new growth trends, deterioration, or development transitions, and that the
evidence supports the finding of the following.
Commercial development along the Wadsworth Blvd, corridor contmues to mtensify, Wadsworth is
one of the heaviest traveled corridors in the metropolitan area, On the city's street classIfication plan,
It is designed as a major regional arterial and carries over 41,000 vehicles per day (1998 count). Based
on mcreased traffic and intensification of commercial land uses, Staff concludes that there are changed
conditions which make this property undesirable for low density residential use.
Although the zoning on the property is R-2, this land was used as a fairly intensive non-conforming
commercial use (mortuary and funeral chapel) for over 40 years, The use as a funeral home and
chapel was at times quite intrusive to the neighborhood and surrounding street system. Many times
both W, 29th Avenue and Wadsworth would have traffic stopped for long periods of time while
lengthy funeral processions exited the property,
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies, and other related policies or plans for the area.
The Comprehensive Plan future land use map deSignates that the northern one-quarter of this property
should be used for Single Family Detached Residential and Existing Two Family Conforming
Structures and Lots (Not to exceed four dwelling units per acre), The proposed rezonmg would be
inconsistent With this designation. This designation might have occurred Without the knowledge that
the parcel was under the same ownership as the parcel to the south, Conditions along Wadsworth have
rendered the property undesirable for low density residential uses,
The Comprehensive Plan Future Land Use Map deSignation for the southern three-quarters of the
property is Small Office/Business Center (SO/Be). The Comprehensive Plan states that the Small
Office/Business Center areas are to consist of smaller businesses, office, research development or lab
spaces that may reqUire the distribution of goods produced or fabricated on-site. by cargo vans and
smaller trucks, Areas are located with easy access onto collector streets,
The Comprehensive Plan lists the desired attributes of the SO/BC areas as:
· Small office or incubator space which does not require high visibility from well traveled streets
but may have a retail component as an accessory use,
. Well landscaped.
. No visible outdoor storage; trash areas screened.
· Amenities such as outdoor sitting and eating areas. and pathways should be encouraged on-site
for employees,
· Vehicle circulation be handled mternally on the site,
· All materials, equipment, vehicles and actiVities be enclosed within the primary structure,
City Council
WZ-05-IO/Pharo for Wadsworth Exchange
7
Desired uses are listed as workshops, contractor/trades, repair and eqUipment shops, professional
services, research and development facilities and labs, offices, There are only isolated pieces of land
designated SO/BC scattered throughout the City. Theses pockets of SO designation are at 50th and
Kipling, the Youngfield corridor north of38th Avenue and at 43rd and Kipling. The desired uses listed
are more industrial in nature and more appropriate to an office/warehouse complex than what is being
proposed as a retail site, The proposed retail development of the property is consistent with the
commercial designation on the Comprehensive Plan Future Land Use Map,
Other goals and policies of the Comprehensive Plan which apply to this situation are:
· Good urban design through the use of pedestrian connections, reductIon of the number of
access points on arterials and providing places for people to gather.
· Supports a transportation network by providing adequate on-site circulation for vehicles and
pedestrians and limiting traffic impact on adjacent neighborhoods,
· Supports economic development efforts to preserve and enhance the City's tax base,
· Provides a development which supports and complements adjacent residential development.
· Provides a development which minimizes negative impacts to residential neighborhoods
through effective buffers and landscaping,
Given all of the forgomg considerations, staff believes that the requirements of Section 26-l12D have
been met.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
The subject property is surrounded to the north and east by low density residential land uses, primarily
single family dwellings with some duplexes mixed in. Corresponding zoning is R-2 and R-lA, To the
south are Hayward Park and the Wheat Ridge municipal building zoned Residential-Two, Property to
the west is located in unincorporated Jefferson County and is utIlized as a mortuary and cemetery, The
proposed commercial zoning is compatible with adjacent residentIal use due to good urban deSign and
the use of upgraded buffering to minimize impacts,
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There will be economic benefits as a result of the zone change, If the property is rezoned to allow
retail uses, retail sales tax will be collected, Zomng and development of the site would support the
Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corridor.
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
All agencies can serve the property with upgrades to infrastructure, the cost of which will be borne by
the applicant.
City Council
WZ-05-10/Pharo for Wadsworth Exchange
8
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing light and
air to the adjacent properties.
The property has been used for over 40 years as a mortuary/funeral chapel. This specific use was at
times a heavy traffic generator. The prehminary traffic study indicates the site will generate 1471
daily vehicle trips (735 entenng and 735 eXiting the site), West 29th Avenue is a collector street and
has a signalized intersection With Wadsworth Blvd. Wadsworth is designated as a major regional
arterial. According to the study, both streets have adequate capacity to handle the antiCipated volume
generated by the commercial development. Public Works will be requiring construction of an
additional travel lane with this development. 20' of additional right-of-way is being requested to
accommodate these improvements. An additional reservatIOn has been mcluded on the ODP
document to accommodate future widening and streetscape improvements.
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
The use of the property since the late 1960's has been as a commercial mortuary, The proposed
change of zone will be consistent with other commerCially zoned properties in the area, It is also
supported by the commerCial designation on the Comprehensive Plan Future Land Use Map,
The issue of spot zoning needs to be looked at m context. Spot zoning IS not simply a matter of a zone
district deSignation being different than designatIOns on adjacent parcels, The mtent of prohibiting
spot zomng is to preclude incompatible uses adjacent to each other and to preclude zoning actions
which bear no relationship to the Comprehensive Plan, This parcel is designated in the
Comprehensive Plan for non-residential uses, The Code requires that all commercial rezoning
requests seek PCD designation, The uses proposed and their configuration are compatible with
adjacent uses, In this context, the request is not spot zoning.
VI. NEIGHBORHOOD MEETING
The required pre-application meetmg for neighborhood input was held on July 21,2005. There were
approximately 28 attendees from the neighborhood, Many of the questions asked pertamed to traffic;
in particular whether West 30th Avenue would be extended from Wadsworth to Webster and whether
vehicular access would be allowed at the 30th Avenue/Webster Street intersection, Many of the
neighbors were not in favor of any automotive-related uses, including gas sales. There was also
opposition VOiced regarding liquor stores, fast food restaurants, and businesses that stay open until 2
AM, (Exhibit 5, Neighborhood Meeting Recap and Exhibit 6, Attendance List)
An additional meeting with the neighborhood was held on March 14,2006 Around 25 residents from
the neighborhood attended the meeting, The comments made by the attendees were similar to those
expressed at the July 21,2005 meeting,
Attached is additional correspondence regarding the request. (Exhibit 7, Letters Received)
City Council
WZ-05-IO/Pharo for Wadsworth Exchange
9
VII. AGENCY REFERRALS
All affected service agencies were contacted regarding the ability to serve the property. The developer
will be responsible for any needed upgrades to accommodate the proposed development. Specific
referral responses follow
Colorado Department of Transportation: CDOT has granted conceptual approval of the proposed
right-infright-out access onto Wadsworth provided that a deceleration lane be constructed,
Wheat Ridge Public Works: The Public Works Department has reviewed preliminary dramage and
traffic informatIOn, They have determined that 45' of right- of-way/easement area will be required for
future roadway Improvements, A 20' dedication is required to at the time ofFDP and plat to
accommodate a new continuous travel lane, curb, gutter and separated sidewalk,
Consolidated Mutual Water: Can serve the property with needed improvements at the developers
expense,
Wheat Ridge Sanitation District: Can serve the property by an 8" sewer main in W. 29th Avenue,
Line upgrades and new taps will be the responsibilIty of the developer
Regional Transportation District: Has an existing transit stop on Wadsworth Just north of 29th
Avenue intersectIOn which must be accommodated on the Final Development Plan,
Jefferson County Planning Department: Has commented that 20% landscaping may not provide
adequate buffering for adjacent residential uses,
Wheat Ridge Economic Development: In support of the NRS, this applIcation meets the goal of
redevelopment ofthe Wadsworth corridor. Uses in the PCD should permit those which would be
compatible with adjacent residential areas, Uses which are saturated within the city such as auto
repair and uses which do not generate additional revenue should be elimmated,
Wheat Ridge Fire Protection District: Can serve,
VIII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that there are changed conditions in the area that have rendered the property
undesirable for residential uses, The zone change proposal is consistent with the commercial
designation on the Comprehensive Plan Future Land Use map, Staff has concluded that zone change to
PCD supports the Neighborhood RevitalIzation Strategy of the redevelopment ofthe Wadsworth
corridor therefore; a recommendation of approval is given for Case No WZ-05-10,
City Council
WZ-05-10/Pharo for Wadsworth Exchange
10
IX. SUGGESTED MOTIONS:
Option A: "I move to recommend APPROVAL of Case No, WZ-05-10, a request for approval ofa
zone change from Residential-Two to Planned Commercial Development and for approval of an
Outlme Development Plan for property located at 7495 W. 29th Avenue for the followmg reasons:
1. The property IS unsuitable for low density residential use due to intensification of traffic and uses
along the Wadsworth corridor,
2. This land was used as a fairly intensive non-conforming commercial use (mortuary and funeral
chapel) for over 40 years,
3, Zoning and development of the site would support the Neighborhood Revitalization Strategy
concerning the redevelopment of the Wadsworth Corridor.
4, The design parameters shown are generally consistent with the C-I zone district.
5 The proposed document meets all requirements for a Planned Commercial Development Outline
Development Plan.
6, The application meets the requirements of Section 26-112 D of the Code of Laws.
7, The February 27,2006, City Council conditions have been incorporated into the Outline
Development Plan,
With the following conditions.
I, A tree assessment performed by a licensed arborist be submitted at the time of Final Development
Plan and plat.
2, Use #40, "Liquor stores of high quality With no drive through" be eliminated from Page I of the
ODP document.
3 Use #59, "Taverns or bars with food service" be elimmated from Page I of the ODP document."
Option B: "I move to recommend DENIAL of Case No. WZ-05-10. a request for approval of a zone
change from Residential-Two to Planned Commercial Development and for approval of an Outline
Development Plan for property located at 7495 W 29th Avenue for the following reasons,
I
2,
3,"
City Council
WZ-05-10IPharo for Wadsworth Exchange
II
Michael G. Pharo Associates, Inc.
September 16, 2005
Ms, Meredith Reckert
Senior Planner
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Re, Wadsworth Exchange' Rezoning
Dear Ms, Reckert:
Enclosed is our rezoning submittal for the Olmger Property in Wheat Ridge, Colorado
We are calling the proposed commercial development 'Wadsworth Exchange', ThiS
submittal consists of 16 copies of the Outline Development Plan, an 11 '" x 17" reductIOn
of the Outline Development Plan,S copies of the traffic study,S copies of the prelimmary
drainage study and other supporting documentation as required, The submittal fee of
$1920 00 is also enclosed,
This re-zonlng IS to provide for development of the 4,2 acre property for commercial
purposes, The development will occur in a manner which IS consistent With and
supported by City plans and regulations, We are presently finaliZing our market research
so that we can submit a Final Development Plan for the property which proVides
complete design details,
Please let me know if I can do more at this time,
,.-
MGP/las
cAndy Mlller
David Engleberg
Bruce McLennan
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21'3') West Oxfotd Ave" #6. Englewood, Colorado IJOllO . phone: 303/783-3772 . fax: 303/783-3773 . e-mail: mpbndplan@aol.com
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7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/ 235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
Date:
July 21, 2005
City Staff Present:
Meredith Reckert, Jeff Hirt
Location of meeting:
Second floor, police training room, Wheat Ridge municipal building,
7500 W, 29th Avenue
Property address:
7495 W, 29th Avenue
Property owners (per the Jefferson County Assessor's records:
Colorado Mortuaries Inc,
PO Box 130548
Houston, TX 77219-0548
Olinger Mortuaries Inc" #2553
PO Box 1108
Houston TX 77251-11 08
Property Owners present? No
Applicant:
Michael Pharo
Michael G Pharo Associates, Inc,
2835 W Oxford Avenue, #6
Englewood, CO 80110
Existing Zoning:
R-2, Residential-Two
Comprehensive Plan Designation: Small OfficefBusmess Center on the majority A
small piece at the northern end of the property is shown as Smgle Family (not to exceed 6
du's/acre) and Single Farruly (not to exceed 4 du's/acre),
Existing Use/Site Conditions: The property contains 4.45 acres and is a comer lot WIth street
frontages on W, 29th Avenue and Wadsworth Blvd. The current use of the property is
nonconforming in that it has a mortuary and chapel on the southern portion, Under existmg zonmg
condltlOns, the mortuary use would not be permitted, A farmhouse and outbuildmgs are located on
the north side of the property Access to the mortuary use is provided by a curb cut on 29th Avenue
and two curb cuts on Wadsworth, Access to the farmhouse is Vla a driveway from Wadsworth, An
additional unpaved access CXlstS from the intersection of Webster Street and W 30th Avenue at the
northeast comer of the property
EXHIBIT 6
Applicant's Proposal:
The applicant is proposing a zone change from R-2 to Planned Commercial Development and for
approval of an Outline Development plan, Anticipated uses include neighborhood oriented retail,
service and restaurant uses, At the time of final development plan, the applicant would propose a
development scenario with 40,000 sJ. of buildmg area in several detached structures, Parking
would occur on the front (west) and rear (east), The existing structures would not be retained but
architectural elements form those structures could be incorporated into the design,
Issues Discussed:
. What is the proposed height of the structures? 35'
. Will the existing structures remain? The existing buildings will be demolished as funeral
parlors are not attractive adaptive uses, Architectural elements of the existing structures
could be incorporated into the design of the new structures,
. There is an existing 25' wide piece of right of way for 30th Avenue between Webster and
Wadsworth, Will this be built? No, however, there may be a pedestrian access provided,
. Will the "elbow" intersection of 30th and Webster be improved? What about off-site Sidewalk
improvements to the east? The "elbow" intersection will be improved on the property's
frontage with curb, gutter and sidewalk, Would have to investigate where improvements
stop on either side of the property,
. Is the mortuary building considered historic? It is not on any designated lists,
. What improvements are proposed for W 29th Avenue? Installation of curb, gutter and sidewalk
on the north side
. Can somethmg be done about the length of the light at the 29thfWadsworth mtersectlOn? Staff
can request that the traffic engineer investigate the timing of the light,
. What improvements will occur on Wadsworth Blvd? The developer will dedicate 20' of right-
of-way for future widening An accel/decellane may have to be required to be built for the
length of the property
. Will the existing trees on the property be saved? As many trees as possible will be saved,
however, many of them are not physically in good shape, Many of those taken down will be
replaced.
. Proposed uses. The neighborhood, in general, is not in favor of any automotive uses, including
gas sales, They do not want liquor stores, fast food restaurants, or businesses that stay
open until 2 AM Many do not support any restaurant uses, They do not want businesses
that require a lot of semi traffic,
. What kmd of buffering is proposed for the east and north? Large expanses of landscaping with
a 6' high wooden fence, It was indicated by the neighborhood that a masonry or brick wall
would be preferred taller in height than 6'
. Would this isolated commercial development contradict City Council's strategic plan
recommendation for an established "town center" between 38th and 44th Avenue? Staff
indicated that although that was one of City Council's goals, the proposed development is
supported by the Small Office/Business Center designation on the Comprehensive Plan
future land use map. It would not be contrary to City Council's adopted goals,
. What can happen to the property if the zone change IS denied? It could be subdivided and
developed into single family and duplex R-2 zoned lots,
. Drainage' A drainage plan and report would be required at the time offinal development plan
2
and plat approval,
. Lightmg: A photometric plan will be required at the time offinal development plan and plat.
3
\
)
,
October 19, 2005
~
Wheat Ridge Planning Committee
To Whom It May Concern:
In reference to DavId Engleberg's development of the sIte at the comer of Wadsworth
and 29th, I wholeheartedly support development of the site to retail. Currently our family
travels to Belmar, Denver West, or Highlands due to the lack of desIrable retaIl III Wheat
Ridge, We would much prefer to lIve and spend our money in Wheat RIdge when It
comes to restaurants and shopping, The concept of retail being III thIs locatIOn seems
much better than a cemetery
Please call me at (720) 891-1271 WIth any questIOns or concerns,
(Jr, J.
~ k~----
Alan N Wyngarden
8900 W 35th Avenue
Wheat RIdge, CO 80033
EXHIBIT 7
10/20/2005 14:23
303431580;5
\
MARBLE TEe & Bpr
r..........~"1lJI'j ,
PAGE 01
PAGE 02
Cit)' or Wheat Ridge
Community Development
~v :0';1
U (/~~~;gj 0
Rc: Olinger Mortuary
Dear Sir:
It is my understanding that thiC Olinger Mortuary property 011 Wadsworth betwe.'tOl1 29'h
alld 32"d ^vcnu~ is going to be n:dev~l()pcd, r drive hy this :-1Jte on <l dally ba~ls m,d
would love to ~ce a retl.\il d~"..:lop1llent tm lhis location 1\ would be nic\: to 8t<.lp and gl:!, ,1
Clip of cl,ffcc: or a sandwic:h. J would preli.~1" a l1t:l!!hborho~ld I'ril:.'lldly dt:vclt)pment thaI
cl1l,,~ists ()rn:!oit~urant5, perhaps a hank. etc, In j~lct. anythin~ j~ h~ttcrthan a dihll,idalcd
home and a r~lIleral chard. It is enough that WI;; have the cemetery UCI'OSS the strccl.
r~~m
'1-:: :: -0" ~
~qt~n~000~
---- -'-:--r?~ .-.- _un. .-.-------~-
... ,'. .._ __YL~~4 !TIC?
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{t).-i--n:VJ 0/ ~U vtt;{.~LdJ ~___ __
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;21 / ~ ?1du;tU-j~,______
. _~ 0 ,4 -_ ~ 3-[2-- .Y_S 7' c:6
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1- -2-1 ~o~ U
July 17,2005
City of Wheat Ridge
Community Development Department
Attn: Meredith Reckert, Senior Planner
7495 W. 29th Avenue
Wheat Ridge, CO 80033
Re' Pre Application meeting about the development of the "Mortuary Property" at 29th
and Wadsworth,
Dear Meredith Reckert:
I have reviewed the Pre-Application Meetmg Summary ofthe property at 29th and
Wadsworth, I will not be able to attend the meeting on July 21 st, Therefore, this letter
must serve as my comments regarding the preliminary proposal. My comments are as
follows:
1. The historic structures along 29th Avenue should be retained, as proposed.
2, Scenario "D" is the most desirable, It provides the best buffer and keeps
most ofthe traffic from the north and east sides of the property. The other
scenarios are not acceptible,
3, There should be no automobile ingress or egress allowed from the north
and northeast Sides of the property,
4 A substantial, solid fence barrier should be built on the north and east
sides of the property to screen the development from the residential
neighborhood to the north and east. Setbacks of at least 15 feet, or
preferably, 25 feet should be enforced,
5, Preferably, the hours of operation of the retail/commercial establishments
would not begin before 8 a,m. and close by 10 p.m, All lighting should be
dimmed by 10:30 p,m.
6, Construction should not begin before 8 a.m, in the morning and end by 6
p,m,
7, Buildings should be no more than two stories high,
My greatest concern is to maintain the integrity of the established, residential
neighborhood, I hope that you will show the highest regard for the residents who border
tills newly planned development. I would appreciate it, if one of your staff would read my
comments at the meeting on July 2151,
Sincerely,
~11
L''"' Lolz, Own" ;;; r
3035 Webster Street
Meredith Reckert
From:
ent:
-10.
Subject:
Kevin Murphy [KMurphy@gettyedu]
Monday, June 20, 20053:44 PM
Jeff Hirt; Meredith Reckert
Meeting re 7495 W 29th Avenue
Dear Ms
Reckert and Mr. Hirt,
Thank you very much for taking the time to meet with me so unexpectedly last week
concerning my interest in the future of the Olinger residence and grounds at 7495 W. 29th
Avenue
Since we spoke I've had a voicemail message from Ray Perry of Sevo Miller which gave me
the impression he had a buyer on line and was about to set a closing date I expect to
speak with him directly within the next couple of days to get a bit more information,
However, I have spoken to several area residents, particular those whose prol,erty is
directly adjacent to the site, and the consensus seems to be one of preservation of the
original buildings, with little or no additional building taking place. All concerned
would be most interested in attending any zoning change hearings that are slated, and,
further, would be willing to petition against any sort of radical re-zoning efforts They
are now on alert for any such notices from the city of wheat Ridge
I have had a brief chance to look over the material you gave me regarding the historic
preservation articles, and this seems to be the first step in maintaining the integrity of
the corner site I feel confident that area residents (not to mention Denverites in
general concerned with historic and cultural heritage) would certainly prefer the estate
to remain open space, with the main house and pergola intact, as opposed to any sort of
ommercial or mass residential concerns going in, I welcome suggestions from your end
~hat would expedite the historic designation, if this is indeed within your jurisdiction,
so to speak
Thank you again for your time
Best,
Kevin Murphy
3050 Upham Court
Wheat Ridge
1
Meredith Reckert
From:
Sent:
To,
Subject:
. Alan White
Tuesday, February 21,20068:57 AM
Meredith Reckert
FW Message sent concerning Olinger Mansion
To add to the file
Alan White
Community Development Director
303-235-2844
-----Original Message-----
From Karen Berry [mailto:khberry26@hotmail com]
Sent: Monday, February 20, 2006 1 42 PM
To klpa@comcast net; egokey@comcast net; sangjw@netzero net; councilorschulz@comcast.net;
BFtireCo@aol com; t,womble@comcast,net
Cc Randy Young; Jerry DiTullio; Pam Anderson; Alan White
Subject: Message sent concerning Olinger Mansion
Dear Jill
In response to your question, the case was continued for decision only, I will be sending
an email to council stating that, if new information is presented by the applicant, staff,
or landowner, I will make a motion to open the hearing to allow additional testimony from
the public I totally agree with you that you should be able to respond to any new
testimony or information
Thanks for taking the time to voice your concerns
sincerely,
Karen Berry
>From: "Jill Strunk" <jill strunk@msn com>
>To
><khberry26@hotmail com>,<t womble@comcast.net>,<egokey@comcast net>,<sa
>ngjw@netzero net>,<klpa@comcast.net>,<BFTireCo@aol com>,<councilorschul
>z@comcast net>, "'Jerry
>DiTullio'" <jerryditullio@comcast.net>
>Subject: Olinger Mansion
>Date: Sun, 19 Feb 2006 19:06 08 -0700
>MIME-Version 1 0
>X-Originating-IP: [70 59.36 57]
>X-Originating-Email [jill_strunk@msn com]
>X Sender jill_strunk@msn.com
>Received from omc2-s33 bay6 hotmail com ([65 54.249 43]) by
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>FILETIME=[3A399E60 01C635C2]
>Return-Path: jill strunk@msn.com
>
>Dear Mayor and Wheat Ridge City Council,
>
>
>When my husband and I bought our house at 6915 W, 29th Avenue five
>years ago, one of the things we loved about the neighborhood was the
>feeling that we were buying into the history of our community We loved
>the tree lined streets, the older houses and the beautiful mansion at
>the end of the street
>
>
>
>We met our neighbor at 6815 W 29th Avenue, Emma Bohm, who was 101 when
>we bought our home and at one time owned the property that our house,
>as well as several of the surrounding homes, now resides on We live
>across the street from the oldest house in Wheat Ridge. We take our two
>boys for walks up and down the streets around the neighborhood, We go
>to the park across from the mansion and next to the City building
>
>
>
>We fear that if that beautiful mansion, the barn, the pergola and the
>old farm house are demolished, it will completely alter the lovely feel
>of our community We bought our home because we knew that the community
>was built out and that there wouldn't be a ton of development In our
>opinion, a new office complex and restaurant would significantly change
>the neighborhood for the worse
>
>
>
,Our sincerest hope is that you, as our Mayor and Council members, will
>preserve these historic structures We hope that DHE Wadsworth LLC and
>ASM Casa LLC will be able to create their office complex within the
>walls of the mansion and leave the other buildings as they are.
>
>
>
>Thank you,
>
>
>
>Jill & Dave Strunk
>
>303 232.2676
>
>
>
>
>
>
>
>
>
On the road to retirement? Check out MSN Life Events for advice on how to get there'
http'//lifeevents msn com/category aspx?cid=Retirement
2
Page 1 of2
Meredith Reckert
From: Alan White
Sent: Friday, February 03, 2006 9'13 AM
To: Meredith Recker!
Subject: FW Olinger propety zone change
For the file
Alan White
Community Development Director
303-235-2844
From: Jerry Drrullio [mailto:jerryditullio@comcast.net]
Sent: Thursday, February 02, 2006 6:01 PM
To: 'Doreen Lee'; khberry26@hotmail.com; t.womble@comcast.net
Cc: Alan White; Randy Young; Debbie Meixner
Subject: RE: Olinger propety zone change
Hello,
Thank you for your comments I will forward them to the Planning Dept. for the public hearing.
Mayor Jerry DiTullio, Wheat Ridge
303,237.4806
Email jerryditullio@comcast.net
WebsiteWYLw,(;j,wheatridg~, co~u$.
-----Original Message--m
From: Doreen Lee [mailto:leedI1129@msn,com]
Sent: Thursday, February 02,20069,50 AM
To: jerryditullio@comcast.net; khberry26@hotmail.com; t,womble@comcast.net
Subject: Olinger propety zone change
Importance: High
We are writing this email because we are concerned about the zone change for the Olinger
property, We do not want any commercial development in our neighborhood! People are
already beginning to sell their bomes because they fear the worst,
Commercial development would only hurt our quiet neighborhood and drop our property
values We already have enough traffic through the neighborhood (including police) and it
becomes worse if there is an accident on Wadsworth,
How would you like to have your $300,000+ house/property backup to a strip mall with a
bunch of dumpsters or a four-story office building where the occupants can peer down on
you in your yard? We would especially enjoy a smelly restaurant or a fast food joint that
would attract a bunch of teenagers to hang around! Would you want to sit in your
backyard with all that noise and unappealing smells? We already get enough smells
(hops) from Coors,
2/6/2006
Page 2 of2
Wheat Ridge needs to concentrate on redevelopment (buying up and selling all the rentals
as single family homes) and the transient population not changing what works, The
Olinger property should be declared a historical landmark including the parking lot, If a
dentist or insurance agent wants to set up a small office in the existing building that would
be fine, The property should not be rezoned, The developer bought it as a zone 2 and he
can sell it or use it as a zone 2. If the developer cannot make enough money as a zone 2
who cares? No one seems to care that a zone change would devalue our land!
Thank you,
Angry Wheat Ridge Residents and Voters
Doreen Lee
Denise Lee
Kenny Haines
Dana Haines
Dorisgene Plant
2/612006
Dr, & Mrs, Robert R. Walden
12375 West 34th Place
Wheat Ridge, Colorado 80033
303-233-3566
February 2, 2006
Chris Towell
2955 Webster
Wheat Ridge, Colorado 80033
Dear Chris,
I saw you on TV the other night about the Olinger hearmg, I'm sure the
developers have no Idea of what a mess is involved in the history of that property I
remember Francis Vanderbur's idea to fill it up with high-density apartments back m
1954, Hc had his people trying to buy up the homes abutting the property to try to get rid
of the neighborhood's opposition, All he did was make all the neighbors really mad, I'm
sure some of the hard feelings still eX1st to th1s day That's back when that neighborhood
learned to get organized and fight developers,
I saw Chief Cassa at lunch today and he suggested a professIOnal office complex
of maybe 3-4 pods and a coffee shop built around the old mansion, I really like h1s idea
and thmk It would be a mce compromise and a good way to cut down the traffic problem,
As I thought about it, It seemed that the laVv)'ers that need to be around the Clty offices
across the street would Jump at the chance to have their offices there,
I can vlsualize some 2 level office pods following the existmg motif of the old
mansIOn wlth parkmg mterspersed with park-like landscaping throughout, I wouldn't
mmd having a dental office m a place like that. It would keep the traffic How down
because most professlOnal offices don't operate on the weekends,
So I wish you well and hope you and the neighbors can find a good compromlse
with the developers,
The neighborhood spmt there meant a lot to me as I was growmg up. Are you old
enough to remember when we closed Webster St. off and had a huge block party? What a
dealt
CC
City counCil
Chief Cassa
Olmger property developer
,Love Ya,
pcd~
Page 1 of 1
Meredith Reckert
From: Alan White
Sent: Monday, February 13, 2006 4,38 PM
To: Meredith Reckert
Subject: FW Olinger Mansion
For the file!
A/an White
Community Development Director
303-235-2844
_._--~_._~~----_._.._,-- _._---------_.._---~-_._.~-".- .-.__..,"._,_._._._-_._-_.,...__._~ .--. ,--~--- .-----........- --.-.....--...,-..--.....---------'----.-.-...--.-..-.-
From: LouAnn Canjar [mailto:LCanjar@hollandhart.com]
Sent: Monday, February 13, 2006 3:09 PM
To: Jerry DiTullio; klpa@comcast.net; khberry26@hotmail.com, egokey@comcast,net;
councilorschulz@comcast.net; bftireco@aol.com; Sangjw@netzero,net; t.womble@comcast.net; Alan White
Subject: Olinger Mansion
Mr Mayor, Council Members and City Administrators,
I am one of the many Wheat Ridge residents opposed to the zoning change from R-2 to commercial at the 29th
Avenue and Wadsworth Olinger property Having lived on the subject block for most of my adult life (3055
Webster Street), the thought of a strip mall being built on the property is anathema to me. With the proposed
widening of Wadsworth Boulevard, our property values will already be compromised, Please don't allow this
zoning change. The entire Wadsworth corridor doesn't need to be commercialized. Please consider another use
of this historic site -- a library, perhaps Thank you for your thoughtful decision on this matter
LouAnn Canjar
3055 Webster Street
Wheat Ridge, CO 80033
LouAnn Canjar
Legal Secretary
Holland & Hart LLP
555 17th Street, Suite 3200
Denver, CO 80202
Phone (303) 295-8454
Fax (303) 295-8261
E-mail: Icanjar@hollilJldhart com
HOlLAND&HART ~
CONFIDENTIALITY NOTICE. This message is confidential and may be privileged. If you believe that this emall has been sent to you
in error, please reply to the sender that you received the message in error; then please delete thiS e-mail. Thank you.
2/13/2006
Wheat Ridge CIty Planning Commission
Wheat Ridge Municipal Building
th
7500 West 29 Avenue
Wheat RIdge, CO 80033
Dear Commissioners
Please consIder this letter my legal protest to the proposed zone change request for the property at 7495 West
29th Avenue As a Wheat RIdge resIdent and property owner whose property abuts 7495 West 29th Avenue, I do
not support altenng the current R2 designatIOn to a PCD designatIOn,
I do not want commerCIal development 111 my back yard,
Smcerely,
~~;~
1/) 7 / OLz
Frank H, Montoya, Sr
2905 Webster Street
Wheat Ridge, CO 80033
Date
Wheat RIdge City Planmng CommissIOn
Wheat Ridge Municipal Buildmg
7500 West 29th Avenue
Wheat Ridge, CO 80033
Dear CommissIOners,
Please consider this letter our legal protest to the proposed zone change request for the property at 7495 West
29th Avenue, As Wheat RIdge residents and property owners whose property abuts 7495 West 29th Avenue, we
do not support altenng the current R2 designation to a PCD designation,
Allowmg commercial development on the corner of Wadsworth and 29th Avenue does not fit with the
~ establIshed neighborhood, We do not want additional noise and traffic congestIOn from commercial
development III our neighborhood,
S IIlcerel y,
J~u_r'-?Z--rUJ )4l~u
v~;;fo-'-}J~
Susanna and Donald Wilson
2915 Webster Street
Wheat RIdge, CO 80033
Do" I~:roc
Wheat Ridge City Planning CommlsslOn
Wheat RIdge Municipal Building
7500 West 29th Avenue
Wheat RIdge, CO 80033
Dear Commissioners
Please consIder this letter our legal protest to the proposed zone change request for the property at 7495 West
29th Avenue, As Wheat Ridge residents and property owners whose property abuts 7495 West 29th Avenue, we
do not support altenng the current R2 desIgnatlOn to a PCD desIgnatlOn,
The current R2 designatlOn is appropriate and in harmony wIth the present area, Condltlons m the area have not
changed and there is no compellmg reason to change the zonmg,
Sm~erely, ~~
~Oe'r ~~/~C~
- /
/./
Janet and Donald Edelen '--
2935 Webster Street
Wheat RIdge, CO 80033
Date
{h( 0 (,
:0 lir IJ;;, ,.,
/-30-Dlp ~
Wheat Ridge CIty Planning ComrlllSSlOn
Wheat Ridge Municipal Building
7500 West 29th Avenue
Wheat RIdge, CO 80033
Dear CommIssioners'
Please consIder thIS letter my legal protest to the proposed zone change request for the property at 7495 West
29th Avenue As a Wheat Ridge resIdent and property owner whose property abuts 7495 West 29th Avenue, I do
not support altenng the current R2 deslgnatlOn to a PCD deslgnatlOn,
The zomng should be left the way It IS because It fits with the area and commercial development would not be
_ good for the neighborhood,
Smcerely,
/ I
~;;vUL /~
Virgima Wingle
2955 Webster Street
Wheat RIdge, CO 80033
Date
(!eU/Oc,
E~~
Wheat R1dge CIty Planning CommIsslOn
Wheat Ridge MUllicipal Buildmg
7500 West 29th Avenue
Wheat R1dge, CO 80033
Dear CommIssIOners'
Please consIder thIS letter my legal protest to the proposed zone change request for the property at 7495 West
29th Avenue, As a Wheat R1dge resident and property owner whose property abuts 7495 West 29th Avenue, I do
not support alterIng the current R2 desIgnation to a PCD desIgnatlOn,
I do not belIeve a zone change should be granted Just to allow for the most profitable use of the land by the
owner Other, less invasive development should be found for the site The area is solIdly resIdentIal and alwa.._
has been, The surroundmg property owners have a rIght to expect stabIlIty m the neIghborhood zomng,
Commercial development IS not consistent with the present conditions In the area and should not be approved.
Sincerely,
/'J~
L
/C~(
?ol1
John F Towell, Jr
2975 Webster Street
Wheat RIdge, CO 80033
Date,
tlJe! () (.
Wheat Ridge City Planmng CommissIOn
Wheat Ridge Municipal Buildmg
7500 West 29th Avenue
Wheat Ridge, CO 80033
Dear CommissIOners
Please consider this letter my legal protest to the proposed zone change request for the property at 7495 West
29th Avenue, As a Wheat RIdge resident and property owner whose property abuts 7495 West 29th Avenue, I do
not support altering the current R2 desIgnatIOn to a PCD desIgnatIOn,
The developer had offered no eVidence the property cannot be successfully re-developed with the current R2
_ designatIOn or with some other zoning that would be less destructive than what is proposed.
Smcerely,
~
Cathenne Snyder
2995 Webster Street
Wheat Ridge, CO 80033
Date'
/40/6 ~
Wheat Ridge City Planmng CommIssion
Wheat Ridge Mumcipal Building
7500 West 29th Avenue
Wheat Ridge, CO 80033
Dear Commissioners,
Please consIder this letter our legal protest to the proposed zone change request for the property at 7495 West
29th Avenue, As Wheat Ridge resIdents and property owners whose property abuts 7495 West 29th Avenue, we
do not support altenng the current R2 designation to a PCD desIgnation,
Commercial development on the site will have an adverse effect on the surroundmg area by increasmg nOIse
and traffic and by mtrudmg on the residential character of the area, The CIty already has numerous commerCia
developments along Wadsworth Boulevard, The CItizens are not under-served m this regard,
sm"Ju!?:(~
Helen and Harry Cook
3015 Webster Street
Wheat RIdge, CO 80033
Date
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Disclaimer I Privacy Policy I Legal Information I
Linking Policy
http://ww14.cojefferson.co.us/ats/navi gateupdown.j sp ?offset= 1 O&hmlt=page
1/30/2006
Page 1 of3
Meredith Reckert
From:
Sent:
To,
Alan White
Monday, March 20, 2006 9"43 AM
Meredith Reckert
Subject: FW' Olinger Property
Importance: High
For the file and I guess Council's packet.
Alan White
Community Development Director
303-235-2844
From: Jerry DITullio [mailto'jerryditullio@comcast.net]
Sent: Friday, March 17, 2006 8:38 PM
To: 'Denise Lee'; khberry26@hotmail.com, t.womble@comcast.net; klpa@comcast.net; BFTireCo@aol.com;
egokey@comcast.net; sa ngjw@netzero,net; cou ncilorsch ulz@comcast.net
Cc: Alan White; Randy Young; Jerry Dahl, Pam Anderson
Subject: RE' Olinger Property
Importance: High
Hi Denise,
Thank you for your enlightening and passionate email Please be advised that the Olinger property application
is now a quasi-judicial matter before City Council This is a legal situation which does not allow Council to
discuss the merits of the application outside the public hearing which is scheduled for a later date On a
separate matter, I respectfully request that name calling be avoided It is not productive
I will forward your email to the Community Development Dept. so they can include it in the Council packet with
the application I will also "cc" the City Attorney as a matter of record
Thank you
Mayor Jerry DiTullio, Wheat Ridge
303.2374806
Email jerryditullio@c;Qillc;CJ}iLBgt
Website www.ci.wheatridge.co.us
-----Original Messagen---
From: Denise Lee [mailto questions_thehrdept@msn,com]
Sent: Friday, March 17, 2006 11,38 AM
To: jerryditullio@comcast.net; kh berry26@hotmail,com; t. womble@comcast.net; klpa@comcast.net;
BFTireCo@aol com; egokey@comcast.net; sangjw@netzero,net; councilorschulz@comcast.net
Subject: Olinger Property
March 17, 2006
3/20/2006
Page 20f3
Dear Mayor and City Council,
We are writing this letter in hopes that it helps all of us save the Olinger property, We
have a few suggestions for
you.
First, you might want to take a look at the minutes from the March 16, 2006 Planning
Commission meeting, The commission, unlike you, listened to the people most affected
by the Olinger Property and denied the zone change. The meeting went well accept when
a couple of Simpletons on the commission tried to scare the residents by saying the
Olinger Mansion will now to be torn down and more duplexes or an apartment complex
will be built on site. "This Scheme" we feel goes against the Wheat Ridge 2020 plan,
Wheat Ridge is trying to get rid of the transient population not attract more of it with an
apartment complex, Even after the these scare tactics were tried the residents did not
back down and the Planning Commission agreed the zone change was a BAD idea,
Second, you need to take a look at the Community Development staff, The "Staff" seems
to be very agreeable with any destructive plan that comes along They also appear to be
telling property owners that zone changes are not a problem, before the Planning
Commission and the residents even know about the proposed changes, For example, the
property at 6690 W, 44th Avenue. The owner was allegedly told by the cities Community
Development Department that a zone change for his liquor store was not going to be a
problem. When the neighbors and City Council reviewed the rezoning it was denied.
"Staff" seems to be promising things before they are approved We personally would like
to know if "Staff" live in Wheat Ridge or do they just destroy it and retire to another city?
We think "Staff" need to take a long vacation,
Third, the Olinger property needs to be declared an historic site including the farmhouse
and pergola According to the Wheat Ridge Historical Society the only thing stopping this
in the name of the architect who built it, This is a ridiculous reason to deny the status
change.
Fourth, the property needs to be purchased back from the developer and turned over to
the Wheat Ridge Historical Society, Jefferson County Open Space, or whoever wants to
keep it the way it is,
If you are able to purchase the property back there are several things that can be done
with it, The mansion can be turned into Wheat Ridge's Library (the current one is tiny), a
cultural center, meeting hall, or event center like Bennett Mansion and Berbert House It
can be turned into an historic public garden/park, leased to an insurance agent, another
funeral home, or turned into a hospice, The lot can even be divided and sold to owners
who will restore the mansion and farmhouse and live there,
Destroying the beauty of the Olinger property and quite of the neighborhood including our
property values is not a good idea for Wheat Ridge,
Concerned Citizens,
Doreen Lee
Denise Lee
Dorisgene Plant
3/20/2006
Page 3 of3
Dana Haines
Kenny Haines
3/20/2006
,/1/ -
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Members of the Planning Commission.
<- d-?-J
It's odd and also sad to have to stand in front of you and make a plea to preserve the residential
integrity of the neighborhood I live in,
Deja-vu (A French phrase meaning already seen) is certainly an appropriate term for the current
situation the people in this neighborhood find themselves in today
In 1969, Jefferson County Board of Commissioners approved a zone change from R-2 to RC1 on
this very same property Neighbors filed a law suit against this rezoning and won. The zoning
was changed back to R-2 and a chapel became a permitted use
Here we are back to square one - so it seems thirty seven years later
Perhaps the City of Wheat Ridge thought that the people who filed the lawsuit in 1969 are
permanently located at Crown Hill now but they are not. Several of them are here tonight. To the
developer, they may seem like the living dead, To those of us who live in the neighborhood, they
are our parents, our grandparents, our siblings, our friends and our neighbors
They are also our heroes-people who have stood up for what they believed in and for what they
wanted to protect. They fought to preserve this neighborhood from commercial encroachment
back then and had they not, the very houses that many of us now live in would likely not be here.
The will of the people who have lived here and fought to keep their neighborhood residential in
character is still strong. They will not go away They will not give up. They will keep living and
they will keep trying to preserve this area for themselves and for those who come after them.
And their children who have grown up here will keep trying to preserve this same area,
There are new neighbors who have moved in: newly married couples without children and
parents with pre-schoolers and school-age children; retired individuals and couples who have
moved here to purchase a smaller home in Wheat Ridge, and, single people who struggle with
the high cost of housing in the Denver Metro area and who still wish to live in an affordable area
in a good neighborhood.
These people, too, will fight to preserve their homes and the nature of their property
We already know that Mr Andrew Miller, President of Sevo Miller, does not care a hoot about
either the people in this neighborhood or the nature of our neighborhood. He has demonstrated
this in many ways to the neighbors,
It seems Mr Miller's intent is to take a piece of the residential neighborhood and turn it into a
commercial zone to benefit his pocketbook. Neighbors, obviously, have a problem with this
because Mr Miller's profit would come at our expense-as we believe that our property values
will decline dramatically and the quality of our neighborhood will be radically diminished.
From what I can tell, the City Administrators and STAFF seem to be interested in having a
convenient place to go to do their banking, get a cup of java, lunch (and possibly dinner), have
their laundry and dry cleaning done and then pick it and, perhaps, a bottle of liquor on the way
home.
But, of course, they can't really say this is so because people would be outraged so the official
documents seem to refer to "potential sales tax revenue" if I'm not mistaken
Mr Miller and the City establishment seem to be overlooking jWit one thing -the negative and
detrimental impact to the surrounding low-density residential area.
ATTACHMENT 2
I, personally, am against the rezoning to commercial for the following reasons,
The property site is not appropriate for a commercial venture, It is likely that the commercial
venture will not be successful because the most important ingredient of a commercial site is
location, location, location, This is NOT the appropriate location, location, location.
100 percent of the people adjacent to and most impacted by the commercial rezoning are
opposed to it.
I know that many other local residents living further away from this property are also opposed to
the commercial rezoning,
The likelihood of declining property values for those who are currently residential homeowners.
Likelihood of increased rental properties in the area due to owners choosing to live elsewhere
Increased rental properties decrease neighborhood stability
Decreased neighborhood stability leads to increased crime.
increased traffic flow and noise leading to deteriorating neighborhood quality
DeCJ8iJS8rl iJiLqualitll due to greater vehicle concentration and congre~atkm
Revenues from such a commercial site are not likely to be significant. If this is true, then the
neighbors will be faced with the possibility of having a failed commercial site on the eastern edge
of their neighborhood,
City Staff who want to be able to drive their cars across the street or walk over to get their coffee,
lunches, laundry and dry cleaning done during their work day and then, perhaps, pick it up along
with a bottle of beer, wine or whiskey on their way back to THEIR neighborhoods in the evening
are not likely to contribute much toward a significant revenue stream.
If a commercial site should be successful there, something I seriously doubt, neighbors will be
paying the price with the negative consequences just mentioned and some, probably, still
unknown and/or unforeseen,
In my opinion, the net effect of allowing the site at 29th and Wadsworth to become commercial
would really mean that the whole residential area over time may change from residential to
commercial and high-density residential. In the meantime, this would mean that remaining
residents would be faced with fighting further rezoning applications from the City of Wheat Ridge,
The net effect would not be neighborhood revitalization but neighborhood destruction unless by
neighborhood revitalization, the city actually means removal of low density neighborhoods and
the people who live in them and support for commercial and high-density residential
development.
A proper mix of commercial, residential and open space is what is needed in the City of Wheat
Ridge We do not seem to have people on our Planning Commission and in our city government
who understand this principle or who want to understand this principle.
What we seem to have are people who will allow commercial development to tCike place on
whatever land becomes available wherever such land becomes available regardless of the
context of the surrounding land (ie a cemetery or a residential neighborhood)
'v
Why? Because the site itself is the most important element in a successful commercial venture J
This is not an appropriate commercial site. Site access is poor from Wadsworth. Site access --=s
from 29ih ~<twill destroy the residential neighborhoods nearby 'r ~ 0(< ~ ^ ~
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Trying to redesign a poor site will never make it a good site \ \) ~ \
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It seems that if previous commercial development hasn't been successful elsewhere in
designated commercial zones, then by Golly, the City will find new locations for more
unsuccessful commercial development even if it's in a designated low-density residential zone
These assumptions do not make sense,
We need to have the City of Wheat Ridge revitalize the existing commercial businesses in
designated commercial zones that are not providing significant revenue and that could be
providing such revenue. I am referring specifically to the 38th Street corridor between Wadswroth
and Sheridan.
We need the City of Wheat Ridge to focus on fixing what is broken rather than breaking another
piece of property that doesn't need fixing,
Somewhere, sometime this process of sprawling commercialization for the sake of
commercialization (ie sales tax revenue) has to be stopped. We need true representatives of the
people in the city of Wheat Ridge. We need people who care and who are willing to look around
and see what effects these kind of decisions are having on the residents who live here in this city
What we need are successful commercial ventures in appropriate sites - not more commercial
sites for the sake of commercial sites in designated and long-standing residential areas.
We need to have a balance of commercial, residential and open space that works for the
r~sidents <ln~blJsiness owPe+S-and-tne City. - -
We do not want scenarios where the City of Wheat Ridge is trying to derive benefit and sales tax
revenues from a risky commercial development at the expense and to the detriment of the health,
safety and welfare of the people who live nearby
It is possible to build scenarios where the residents and business owners can mutually benefit
from their commingled location. 32nd and Lowell in Denver is an example of such a win-win
scenano
In this particular case (the property at 29th and Wadsworth), we do not have a win-win situation
here It is not even a win-lose situation. In my opinion, and in the opinion of otheiS - not just
those in the neighborhood, it is a lose-lose situation,
The site is across from a cemetery for heaven's sake! That's not much of an additional
commercial attraction though I'm sure that the developer was able to get a sweet deal for the
property
(Personally, it is appalling to me that commerce seems to respect no bounds or to evince such
little regard for either the living or the dead.) Nature has spaces that are fallow and we must have
them in our lives and in our cities, too It would seem that the land directly across from a
cemetery might be more properly left in such a condition.
As we all know, commercial businesses change over time Once the property is zoned
commercial, people will have less control over what type of commercial business is established
on that property in the future. This could have further future detrimental impacts to the
neighborhood.
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We have already seen that allowing the permitted use of a chapel and mortuary on residential
property has now become justification for increased commercialization of this property! Can
commercial rezoning not lead us down the path to further commercialization? Will drive-throughs
be added to existing liquor stores? In the future, will we have to fight adult books stores and X-
rated entertainment?
Now is the time for us to protect this property from a zoning designation that is not in keeping with
the adjacent residential area.
Since all the neighbors who have attended and are attending this and other public meetings are
not in favor of the rezoning, will the Planning Commission recommend approval knowing that the
people are overwhelming not in favor of such a change in zoning?
Has it not crossed the minds of those who are supposed to represent the people of Wheat Ridge
that those of us who are coming to the public meetings ARE IN FACT representative of the
people of Wheat Ridge?
Finally, what good is going to be served here by a rezoning of the property to commercial? For
the City government or for the people who live in this area and in Wheat Ridge? And, lastly, for
the business developer who has made a poor business decision and does not yet want to admit
that he has?
-E'rom-1!1Y poinLof view~ thaCit~ wjU noLmap-significant revenue. flow. The dB.lLBlo.per willlosfL
money on this property because the people will continue to fight the rezoning. The neighbors
who live in this area will continue to have negative repercussions from this situation, However,
there is a solid commitment from them that will endure what must be endured as they struggle for
the second time for this land and for this neighborhood,
What is the point of all this useless suffering that people are being put through as a result of
misguided and ill-considered land use planning decisions made without their input and without
sufficient consideration of historical factors (both physical and cultural)?
Someone told me that the Planning Commission doesn't want to hear emotional and sentimental
arguments about 'vAvhy the property shouldn't be rezoned, but 1'm going to tell you about things
that are emotional and sentimental anyway
I am going to tell you because it's important that a married couple in their late 70s and 80s who
have lived in the same home for over fifty years are sitting in that same home upset, anxious and
worried about their future, How will such a development affect their property, a home they had
anticipated living in for the remainder of their lives? Will they suddenly have a street next door?
Will they be forced to sell their homes because conditions become so undesirable?
And they are not alone in facing this kind of trauma and turmoil. There are other couples like
them and there are other widows and widowers who have invested in this neighborhood who are
facing similar anguish and uncertainty over their future
I have talked to people who seem to say that this is just the way of "progress" No, this is not
progress, This is greed at its worst. And to have seniors bear the brunt of the impact of such
proposed commercialization is inhumane They already fought 37 years ago to protect their
property and, now, would you really have them fight again? Would you agree that such a fight
would not even be a fair fight?
These folks might not be your grandparents and great-grandparents, but they are grandparents
and great-grandparents. They are our grandparents in our neighborhood and they need to be
protected rather than subjected to this kind of mental and emotional anguish.
To me, it is more than taking advantage of someone that is down, It is much more than that. It is
a flagrant abuse of the elderly It is a local version of the Katrina disaster in the making. Once
again, the elderly have been left behind in their homes to weather out this newest storm and no
one in City government has done anything to help them. In fact, City government seems to be
colluding to create this very storm that threatens them.
Please tell me that you are going to rectify this situation and not allow them to continue to be an
overlooked sacrifice,
Doesn't the welfare of human beings fit into the calculations of the members of the planning
commission and the city of Wheat Ridge?
Will the Planning Commission vote to sacrifice the lives and homes of these people so a
developer can reap the dollars flowing by on the Wadsworth traffic stream and the city can pocket
the change?
Isn't such an approach Robin Hood in Reverse - stealing from the poor in order to support the
rich?
~~o
Please properly weigh the rights of these long-time residential property owners against the rights
of a single developer, Andrew Millel\who ~ become the recent ownerSof one piece of property
and carefully determine who you will support. t0V'il~ '"1I?t.-J'~<Pv...I,/, J kil \.z bf
We need to have more win-win scenarios coming from the Planning Commission and the City of 1
Wheat Ridge,
The win-win scenario for this particular piece of property has not yet been determined, It appears
that the lose-lose scenario is now before us here and before the Planning Commission.
Please, we ask that the Planning Commission exercise Option B
We ask that the Planning Commission recommend DENIAL OF Case No WZ-05-10, a request
for approval of a zone change from Residential Two to Planned Commercial Development and for
approval of an Outline Development Plan for property located at the 7495 \^J 29thAvenU8 for the
reasons given by me and by others who have also communicated these same and other reasons
for disapproval.
END
I would like to have included in the public record the whole contents of the THE CITY OF
WHEAT RIDGE DOCUMENT CALLED CITY OF WHEAT RIDGE PLANNING DIVISION STAFF
REPORT ADDRESSED TO THE PLANNING COMMISSION WITH REFERENCE TO CASE NO
WZ-05-10JPHARO (Wadsworth Exchange), Date of Meeting: March 16, 2006,
I would also like to make the following comments on this document:
Outline Development Plan
It seems to me that the terms of the Outline Development Plan should be considered first and
then the rezoning application instead of considering them together
The City Staff seem to be dictating certain terms of future commercial development (maximum
building coverage is to be increased from 30,000 square feet to 35,000 square feet,
neighborhood pedestrian access, etc.) to the developer through their planning documents yet the
rezoning approval has not yet taken place, This seems to indicate that the City has already
determined that the site will become commercial regardless of the input of the citizens.
The outline development plan does not adequately inform people who live in the area of the
allowable uses being considered by the city This document merely indicates some uses that
have been eliminated, I quote "permitted uses were taken from the Commercial One zone district
regulations, Many of the normally permitted uses in C-1 have been eliminated based on traffic
generationandnegative impact onthaneigbborhoAd." -4unquote)_
The neighbors were told by the land use planner and the architect (consultants to the developer)
at a neighborhood meeting on March 14,2006 at City Hall that the planned use thus far is for
banks and restaurants Yet, when they are questioned, they also say that they don't know what
businesses will be part of the development.
Therefore, how can people affected by this property rely on what the developers are telling us,
We cannot. This is to be expected to some degree but it is still frustrating nonetheless.
A more aggravating problem is that we don't seem to be adequately aware of what the City is
actually plannIng for this site. tt seems as if decisions are being made behind the scenes. This
should not be expected nor is it acceptable from City government.
Allowable Uses
Drive through facilities have NOT been eliminated with the exception of the liquor store category
This means that the neighbors in Wheat Ridge could have a liquor store (without a drive through)
on Wadsworth between 29th and 32nd Avenue! There are few things more detrimental to
neighborhoods than liquor stores, strip bars and X-rated adult pornography
Is the "STAFF" at the City of Wheat Ridge seriously considering locating such establishments in a
residential neighborhood that has been in existence continuously for over 50 years?!
This also means that there could be drive-through banks and drive-through restaurants if the
restaurants are not "fast-food" restaurants. Soft or hard drive-through commercial properties at
that location are not appropriate in a low-density residential neighborhood.
Dry cleaning and laundry businesses have also not been eliminated nor have bakeries or other
businesses that can leave temporary or permanent offensive odors and otherwise spoil the
quality of the air
Landscaping:
The Outline Development Plan sets the minimum landscaping at 20% and then precedes to note
how the existing landscaping will be destroyed for one reason or another The sunken garden is
described as a landscape feature yet the architect at the neighborhood meeting referenced above
has said they will not be able to keep the sunken garden on the property because it interieres
with access.
The pergola is to be moved because it's in the right-of-way dedication,
The Jefferson County Planning Department has already indicated that 20% landscaping may not
provide adequate buffering for adjacent residential uses,
Access:
Access to the site as a commercial property is not feasible and trying to make it feasible is only
going to make a mess of the whole site. Entrance is proposed at multiple points because it
seems to me the developer is trying to give access to City employees at the southeastern edge
and to both vehicles and bus riders at the western edge as well as entry from the North and
pedestrian access from the Northeast. What chaos!
A developer that wanted to have respect for the commercial impact on the property would limit
entrance and exit to the property to vehicles traveling north on Wadsworth. Instead the developer
wants all roads to lead to Rome. How convenient for him, How devasting to us!
Widening Wadsworth between 29th and 32nd Avenue is not a good idea, It will increase traffic
congestion, increase the number of accidents and off-load existing and future traffic onto 32nd
Avenue and 29th Avenue and the adjoining neighborhood streets. This will cause neighborhood
deterioration,
Zone Change Criteria
2. That a change in character in the area has occurred due to installation of public
The document notes that "The use as a funeral home and chapel was at times quite intrusive to
the neighborhood and surrounding street system." And I suppose a commercial development
with 3 new structures and two existing structures on the site will have less impact? This makes
no sense
3, That the change of zone is in conformance
How can destroying a neighborhood save it? How can such an action conform to the
comprehensive plan goals, objectives and policies of the City of Wheat Ridge?
Furthermore, 29th is not a collector street. It was never designed to be a ma~or thoroughfare
May I remind the city planners than many people have front yards facing 29' Avenue? Many
people on 32nd Avenue have properties facing this street and some have the sides of their
property facing this street. We do not want cargo vans and smaller trucks on 29th and 32nd
Planning commission members, we do not want MORE traffic on 32nd Avenue or on 29th Avenue
or on Wadsworth. We do not want you to further increase traffic in our neighborhoods period
Yes, this is possible.
4 That the proposed change of zone
I quote "The proposed commercial zoning is incompatible with adjacent residential use,
however, the applicant is showing upgraded buffering to minimize impacts."
neighborhood to as great a degree as possible There are site locations more suited to
commercial development. Let the City and the developers find those properties,
Perhaps we need less growth and more quality in our neighborhoods. Perhaps there really is
such a reality as TOO MUCH!'!
This proposed zone change to the site is out of touch with the needs and desires of the neighbors
who have expressed time and time again that they wish the property to remain non-commercial.
I would have liked to comment further on this document but I only received it on Tuesday evening
after the neighborhood meeting. There was not enough time for me to adequately address all the
points made in the document. I hope to be able to do that at some future time in writing and
would like to be able to submit that document to the Planning Commission as part of the public
record on this case
Nancy Griffith
7130 W 29th Place
Wheat Ridge, CO 80033
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LEAS&ORSELL (!~ x,. ,"'?-O5-/0
WADSWORTH
(FROM 1-70 TO 29TH AVE)
4800 WADSWORTH PLAZA
LEASING 303-526-7810
MR BENCH
5 BANNERS
3 SIGNS
2 SIGNS READING FOR LEASE
48TH &-W ADSWORTH (VACANT bOT- FOR-SALE)
SOUTHWEST CORNER
4601 WADSWORTH (BY PAWN SHOP)
1- SIGN FOR SALE
303-892-1111
WIN KING
10,000 SQ FEET
UNDER CONTRACT
1- SIGN READING "NOW LEASING OFFICE SUITE"
303-421-4646
REBECCA
4000 SQ FEET
4550 WADSWORTH BERKLEY SQUARE (NEW CANTON, CURVES,ETC,)
1- SIGN (VERY LARGE) FOR LEASE BY DUNTON COMMERCIAL
303-758-3131
KEITH FELIX
12,000 SQ FT MAIN FLOOR (VACANT 1 YR)
600 SQ FT GARDEN LEVEL (VACANT 6 MONTHS)
4501 WADSWORTH
BANNER READING "OFFICE SPACE"
303-808-7723
ED CHURCH
T rnXT"QU T l1Ul1T
L.J'-' Y't .1.....IJ..'-.1..J,lj"v.l,.J.l..J
2ND FLOOR
BACK
2 OFFICES 1- 310 SQ FT 2 - 209 SQ FT
2 OFFICES BOTH TOTALING 450 SQ FT
4 OFFICES TOTALING 800 SQ FT
TOTAL 1769
4485 WADSWORTH
TOTAL OF 4 BANNERS
TOM / CELL 303-944-2540
1- FOR LEASE 303-237-1423
2- FOR LEASE 303-237-1830 (2 BANNERS READING THE SAME THING)
3- DENTAL OFFICE FOR LEASE TOM 303-944-2540
DENTAL OFFICE HAS BEEN VACANT SINCE JULY 2005
3RD LEVEL VACANT 1500 SQ FT
1800 SQ FT
4470 WADSWORTH (pEP BOY'S PARKING LOT)
"A" FRAME SIGN READING
"P AD SITE"
SANBORN & COMPANY
303-220-7919 MARK VALENTE
3835 SQ FT
4350 WADSWORTH (1sT BANK)
LARGE SIGN OFFICEIMEDICAL
SPACE AVAILABLE
VECTOR PROPERTY SERVICE LLC
MARK WESTON or MATT SMITH
303-662-9300
2 SPACES A V ARABLE 1/ 1200 SQ FT
2/ 4800 SQ FT
2ND FLOOR 2 MOS ON MARKET
OLD PIZZA HUT BUILDING VACANT FOR MANY YEARS
PUTT PUTT GOLF COURSE VACANT FOR MANY YEARS
4301 WADSWORTH
NO BUSINESS SIGN
REA VY EQUIPMENT FOR SELL IN PARKING LOT
LARGE SIGN BY BOTH HOUSES SAYING FOR LEASE
303-343-6042 UNABLE TO GET INFO ON LEASE
4275 WADSWORTH - UNKNOWN BUSINESS
OR IF OCCUPIED
303-343-6042
4045 WADSWORTH (NEXT TO WENDY'S)
LARGE SIGN FOR SELL OR LEASE
TRANSWESTERN
303-639-3000
4500 SQ FT OFFICE SPACE FOR LEASE
38th & WADSWORTH (WILMOR CTR)
FOR LEASE
WESTERN CTRS INC
303-306-1000
1 - 2200 SQ IT
2 - 970 SQ FT
SOUTHWEST CORNER OF 32Dd & WADSWORTH
FOR SELL
RICK CUSHMAN & WAKEFIELD 303/813-6400
1 % ACRES ON THE MARKET FOR 1 YR
SOUTHEAST CORNER OF 32nd & WADSWORTH
HOUSE FOR SELL
COMMERCIAL PROPERTY
3650 WADSWORTH
GUN SHOIl - V.ACANt
Personal Introduction
My name is Bob Olson, I reside at 5050 Raleigh Street m Denver I was born and raIsed
near the Olmger property where my father and grandparents have lived since 1908,
S..Jtnd;UdL'--'j ~ @..Q~
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Elements address
My comments are limited to the Olmger House, the Pergola and the landscape elements
on the south side of the site,
The need for standards
If you install an electnc CIrcuit the Planmng staff will refer to the National Electric Code
If you mstall a new toilet the Planning staff will refer to the Uniform Plumbing Code
If you have new construction they WIll go to the Uniform BUIlding Code
For new development there are codes governing traffic, parking, landscaping, drainage
There are standards for old buildings too
They are called the Secretary of Interior Standards and there are four'
For Historic PreservatIon
For Histone Rehabilitation
For Historic Restoration
For Histone Reconstruction
But not for relocatIOn
These standards are widely used
For bUIldings that seek designatIOn on the National, State RegIster of Histone Places
But also other owners use them to retam histone elements in bUIldings not a RegIster
Here m WR Vmcenzas & MinellIs restaurants retain exterior & interior histone elements
Why adopt standards
Standards provide guidance to the staff and to applicants
Standards assure the commumty that hIstoric elements will be retained
Histone standards are needed along wIth other planning and buildmg standards
Concluding remarks
I ask that the Wheat Ridge Plannmg CommiSSIOn inSIst on the inclUSIOn of standard for
preservatIon, rehabilItatIOn, restoration and reconstruction on the Olmger House, the
Pergola and the landscape elements on the south side of the property to gIve meaning to
the call thIS commumty has raIsed to "save the Olinger ManSIOn"
Secretary's Standards-- Treatment of Historic Properties
Page 1 of3
The Secretary of the Interior's Standards for
the Treatment of Historic Properties, 1995
Standards for Preservation
1 A property will be used as it was historically, or be given a new
use that maximizes the retention of distinctive materials, features,
spaces, and spatial relationships. Where a treatment and use have
not been identified, a property will be protected and, if necessary,
stabilized until additional work may be undertaken.
2. The historic character of a property will be retained and
preserved The replacement of intact or repairable historic materials
or alteration of features, spaces, and spatial relationships that
characterize a property will be avoided
3 Each property will be recognized as a physical record of its time,
place, and use Work needed to stabilize, consolidate, and conserve
existing historic materials and features will be physically and visually
compatible, identifiable upon close inspection, and properly
documented for future research.
4 l.h::mges.to a property_tbathallfLa.cqwrecLhistoric significance in
their own right will be retained and preserved
5 Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a
property will be preserved.
6 The existing condition of historic features will be evaluated to
determine the appropriate level of intervention needed. Where the
severity of deterioration requires repair or limited replacement of a
distinctive feature, the new material will match the old in
composition, design, coior, and texture.
7 Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible Treatments that cause damage
to historic materials will not be used.
8 Archeological resources will be protected and preserved in place
If such resources must be disturbed, mitigation measures will be
undertaken.
Standards for Rehabilitation
1 A property will be used as it was historically or be given a new
use that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships
2. The historic character of a property will be retained and
preserved. The removal of distinctive materials or alteration of
features, spaces, and spatial relationships that characterize a
property will be avoided
3 Each property will be recognized as a physical record of its time,
place, and use Changes that create a false sense of historical
http.//www cr.nps,gov/local-law/arch stnds 8 2.htm
3/16/2006
Secretary's Standards-- Treatment of Histone Properties
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken.
4 Changes to a property that have acquired historic significance in
their own right will be retained and preserved
5 Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a
property will be preserved.
6 Deteriorated historic features will be repaired rather than
replaced Where the severity of deterioration requires replacement
of a distinctive feature, the new feature will match the old in design,
color, texture, and, where possible, materials, Replacement of
missing features will be substantiated by documentary and physical
evidence,
7 Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage
to historic materials will not be used.
8 Archeological resources will be protected and preserved in place
If such resources must be disturbed, mitigation measures will be
undertaKen.
9 New additions, exterior alterations, or related new construction
will not destroy historic materials, features, and spatial relationships
that characterize the property The new work will be differentiated
from the old and will be compatible with the historic materials,
features, size, scale and proportion, and massing to protect the
integrity of the property and its environment.
10 New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
Standards for Restoration
1 A property will be used as it was historically or be given a new
use which reflects the property's restoration period
2. Materials and features from the restoration period will be retained
and preserved. The removal of materials or alteration of features
spaces, and spatial relationships that characterize the period will' not
be undertaken.
3 Each property will be recognized as a physical record of its time,
place, and use Work needed to stabilize, consolidate and conserve
materials and features from the restoration period will be physically
and visually compatible, identifiable upon close inspection, and
properly documented for future research
4 Materials, features, spaces, and finishes that characterize other
historical periods will be documented prior to their alteration or
removal
nttn //www c:r nns.Qov/local-1aw/arcn stnds R 2 htm
Page 2 of3
3/16/2006
Secretary's Standards-- Treatment of Histone Properties
Page 3 of3
5 Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize the
restoration period will be preserved,
6 Deteriorated features from the restoration period will be repaired
rather than replaced Where the severity of deterioration requires
replacement of a distinctive feature, the new feature will match the
old in design, color, texture, and, where possible, materials,
7 Replacement of missing features from the restoration period will
be substantiated by documentary and physical evidence, A false
sense of history will not be created by adding conjectural features,
features from other properties, or by combining features that never
existed together historically
8 Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible Treatments that cause damage
to historic materials will not be used
9 Archeological resources affected by a project will be protected
and preserved in place. If such resources must be disturbed,
mitigation measures will be undertaken.
- ~ O,-Desig+\s-that-were-ne'Je'-6xecutedJ1istoricalJy-wilLnot-be-
constructed.
Standards for Reconstruction
1 Reconstruction will be used to depict vanished or non-surviving
portions of a property when documentary and physical evidence is
available to permit accurate reconstruction with minimal conjecture,
and such reconstruction is essential to the public understanding of
the property
2. Reconstruction of a landscape, building, structure, or object in its
historic location will be preceded by a thorough archeological
investigation to identify and evaluate those features and artifacts
which are essential to an accurate reconstruction If such resources
must be disturbed, mitigation measures will be undertaken.
3 Reconstruction will include measures to preserve any remaining
historic materials, features, and spatial relationships.
4 Reconstruction will be based on the accurate duplication of
historic features and elements substantiated by documentary or
physical evidence rather than on conjectural designs or the
availability of different features from other historic properties A
reconstructed property will re-create the appearance of the non-
surviving historic property in materials, design, color and texture
5 A reconstruction will be clearly identified as a contemporary re-
creation.
6 Designs that were never executed historically will not be
constructed
http./ Iwww.cr.nps.govllocal-law/arch~stnds_8~2.htm
311612006
~ if UJZ-o~--/o
"5 -/ rP -- cJ c;,
Colorado Historical Society - Office of Archaeology and Historic Preservation
Compass: Colorado's On-line Cultural Resource Database
Read Me! I Credits I Logoff I
]earches I Architectural I
_ j?".-J,r,?u_IC< d. .-er ~- OJ.-~
Page I of2
Architectural Site Detail
$~13tp!l1 .LJst/ 1J -2J ...2J;>11
Site ID: 5JF 1910
Name: GEORGE OLINGER HOUSE~OLINGER MORTUARY
---_._-~-----_._~---~-----~~---------
*** Street Address(s) ***
Number: 7495
Street: 29TH AVE.
City: WHEAT RIDGE
County: Jefferson
Resource Type: Histonc
Assessment Recorder
Date Description Date Description
02/24/1998 Ehgible - FIeld 02/24/1998 Wheat RIdge Hlstoncal SocIety
Condition IINO Images Images I
I Date I Description
I Absolute Date I Related Sites
Method I Comments
No Related SItes
*** Document(s) ***
ID: JF SHF.R28
Title: WHEAT RIDGE HISTORIC STRUCTURE SURVEY (SHF 98-01-043)
Author: OLSON, ROBERT J
Date: 04/01!l 999
Contractor: Wheat RIdge HIstorical SocIety
*** ARCHITECTURE ***
Original Use: SINGLE DWELLING
Present Use. MORTUAR'r
Early Date: 1<)14
Late Date: 1914
ArchItect: IlNKNOWN ARCHITECT
Feature: IRREGULAR PLAN, HIPPED ROOF, 2 STORIES, I Sl ORY, TILE RUm
'I P()RTE C()CI-ILRE, (,lllrv11'~EY, El'~Cl C)SFf) P()RCI-L ARCI-iED ENTRY~
FANLIGHT CLASSICAL COLUMNS, A 1 TAC'Hl:-.D GARAGE
-
Style: MEDITERRANEAN REVIVAL
*** ARCHAEOLOGICAL DATA ***
I \I I
http.llwwwcoloraJohlstory-oahp urg/compass/OAl-lP/M_ DIsplay asp
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An update for those who were not able to attend
the January 23rd council meeting: A large
turnout of all the neighborhood and many
residents from throughout the city and beyond
filled council chambers, Petitions with hundreds
of signatures were handed over to the city clerk
and speaker after speaker shared reminiscences
of the Olinger family. Our new mayor, Jerry
DiTullio, had all those who wished to speak
come forward, six at a time, to the front row
where they were heard without time limit, Some
residents had fascinating history to share and
others just wanted to express their opinion that
the Olinger property should receive historic
designation. By in large it seemed that everyone
who wished to speak - including the attorney
representing those who plan to scrape the
property to make way for new development -
had their say and left with minimal frustration,
\)Je. ClU'\not K.tv\;)(~ ~Q.n ~ \.)I.-a.
'1f\e Jir~ ~t i\f\ l:i\i. hw....t r(Sit}U,
'i1\t Sfird 6Co';Jeth CIM~ is sti Ct,
;('1 'f'r\~stQ..Y~ OU\' SouL C1.6,;)e.,s.
",\tltth~'1J ;\l'rloC';I
Ii' 22. 18'8'i"
And how is the Baugh House coming along?
"Splendidly" sums it up pretty well! Though sad
to say "good bye" to the logs on the east wall,
we now say "hello" to all the delights that make
up a turn of the century Victorian k~use. The
porch hasn ~ been wooden since the 1940 's,
Following the profile glimpsed in the pre-40's
picture of the house, Bill is fashioning spindles
to span the roof of the porch. Balusters sup-
porting a rail will surround the porch. The
siding and shingles have all been primed and
await their final coat of paint, Our sow's ear is
indeed turning into a silk purse,
We truly never know what delights are going to
walk in the door at the museum, Most recently
Elaine Slattery brought in a beautiful marionette
theatre - would that not be a splendid addition to
the parlor in the Baugh House? And what a
treasure from Doris Ibbison - her mother-in-law's
collection of early medicine bottles,
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Cfawfia 'WortJi
4650 Oa~St.
'WJieat 'lQlfge, CoCo, 80033
303-467-0023
CPfannino Commission
:Marcli 16, 2006
SUlJgestea amend"ments to tlie Out Line (j)tfJefopment cpfan for tlie Ounger CJ!roperty:
1. 'I1ie neigli60rs to tlie :Nonli of tlie OunoerCJ!roperty 6e aaowea to petitwn tlie
City of'Wlieat CJUJiJe to vacate 25' easement and"Fiave tFiat 25' rtfJen 6ac~to
tlieirproperty. (])iscussea at tlie neigli60rliooa meetino on :Marcli 14, 2006. 'I1ie
consu{tants for:Mr. StfJO Fiaa no#06jections
2. CBuilif a wa{[ out of concrete 6Coc~to tlie P.ast of tlie CJ!roperty and" on tlie :Nonli
si.tfe of tlie property top tlie wa{[ witli an iron CEstate Pence paintea wliite to
prtfJent va1U[als from accessino tlie 6ac~aras of tlie liomes. (SUlJgestea at
neitJli60rliooa meetino.)
3. ~move tlie access gate from tlie :Nonli P.ast Comer of tlie CJ!roperty.
4. ~move tlie seatino/restino pface and" sliru6s in tlie :Nonli P.ast comer of tlie
property. Vo not put sliru6s" afong wa{[ for vandaCs to fii.tfe in.
5. ~construct tlie pergofa to its liistom Cook,.over tlie si.tfe wat:P..to 6e 6uut 6y tlie
tfeveCoper. 'I1ie 'Wlieat CJUJiJe Histoma{ Society lias a 1918 picture tFiat sliows
very cCearfy wFiat it Coo~a u~.
6. ~move tlie CFiape! to tfie CEast of tfie :Mansion ana reconstruct tfie Historic
Sun~n qanfen to faciCi.tate tlie new entrance from 29l1i )fve.
7. ~face a{[ (])iseasea trees tFiat are to 6e removea witfi M.! liistom trees. 1. e.
cottonwooas witli cottonwooas, Spruce crrees witli Spruce crrees.
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STATEMENT OF SIGNiFICANCE AND ARCHiTECTURAL DESCRIPTION OF OLINGER
RESIDENCE, 7495 WEST 29TH AVENUE
Tbe Olmger Family and Then Denver Legacy
The city of Denver was formed m 1860 by the combinatIOn of the Aurana and Denver
City camps at the confluence of the Platt R.Jver and Cherry Creek. These camps were
established when It was reported that gold was discovered in Cherry Creek m 1858 ThIS
news created a huge boom m populahon and the development of what is now the
Downtown, Lower Downtown, Capital Hill, Aurana Campus, and Chessman Park areas.
As WIth any burgeoning pIOneer community, one of the mainstay busmesses is the
funerary and \lildertaking concerns, ThIS drew Jo1m W 01ll1ger (1851-1901) and 1115 wife
Emma (1861-1932) from Santa Fe, New MeXlco, to the area m 1890 to establIsh one of
the regions' foremost busmess entities, lmtially located at 15tll and Platt Streets, In 1908,
the 01mgers built the first buildmg in the area to be constructed as a mortuary m the
Rocky Mountam regIOn at 2600-16'11 Sh'eet (16'11 at Boulder) and was operated by John
W 's son George W 01ll1ger Sr (1882-1954) and mother, George's WIfe Margaret (1881-
1968) and John W's wlfe Emma;
The growth of the busmess was marked ll1 1930 by the purchase of the Yeager Mortuary,
located at Speer Boulevard at Sherman (t1115 locatIOn was sold by the corporatIOn m
1981)
In 1944, the busmess partnershIp of Olmger, Bona & Van Derbur was f01111ed between
the Olingers and Joseph E. Bona (1887-1978), hIS WIfe, and FranCIS S Van Derbur
(1907 -1984) By then, the families of Olmger and Van Derber were Joined by the
marnage of daughter Gwendolyn Olmger (1908-1996) to FranC1S S Van DeIbur TheIr
youngest daughter, Marilyn Van Derbur Atler, would wm the Miss Amenca tItle m 1958,
and IS currently a promment speaker on the subject of child abuse.
ExpanSIOn of the busll1ess partnership contmued Wlth the building of another Olmger
Mortuary on East Colfax at Magnolia to serVlce the Park HIll area m 1951 The 1950' s
also saw the f01111er Joss Mortuary, 2775 South Broadway, convert to Olmgers m 1953
The concern of Olmger Mortuaries, lnc, was formed in 1959 WIth Francis Van Derber as
PreSIdent.
Growth of the busll1cSS was pamcularly strong dunng the 1960' s, when Olmger
Mortuanes, Inc expanded mto cemetery ownershIp, mcludmg the acqUISItIOn of
Eastlawn Cemetery m 1963, the building of Evergreen Cemetery and the Mount Lmdo
Cemetery and Mausoleum the same year, and the purchase of the "",orld's largest
mausoleum with crematory, the Tower of Memones (bUIll m 1926) m Crown Hill
Memonal Park, Wheat RIdge Mt. Lmdo Cemetery, h,eated twenty mmutes west of
Denver, IS the location of one of the area's most IdentIfiable landmarks, the largest
electrlcally-hghted cross m the world, whlch IS Illummated mghtly
W llh the death of George W Sr occurrmg m 1954, and the death of Margaret nhnger m
1')68, theIr rcsIdence at 7405 '.Vest 29th Avenue, dIrectly across Wadsworth Bmlle"ard
from Crown Hill Memorial Park, was converted to another Olinger Mortuary in 1970
Modifications to the home include the addItIon of the "Wadsworth Chapel" to facilitate
serYlces,
With the 1980's came further change and growth to the Olmger enterpnse, mcludmg the
purchase of the Chapel Hills Cemetery m 1985, the Highlands Cemetery and Mortuary m
1986, and the Noonan-Bettrnan Mortuary in 1987, It should be noted that all property
holdings ofOlmger Mortuanes, lnc" were sold to Morlan lntematlOnal, lnc, in 1987, and
changed hands again m 1987 when they were sold to S.C, 1. of Houston, Texas, the
current owner of record.
The growth and development of the Olinger legacy was due to five generations of a
single Denver family and their business associates. Their contributlOn to the Denver
economic clImate, as well as Colorado rustory, was more than profound. This IS
illustrated by the fact that one of the most notable of Olinger funeral services was that of
Colonel Wilham F. Cody ("Buffalo Bill"), who died m Denver on January 10, 1917. His
body was placed m a receiving vault at Olmgers 16th and Boulder Streets facility until the
service on June 3, 1917 and was buried on Lookout Mountam m Golden, The grave site
is considered one of the most revered landmarks m the state of Colorado.
To all Denver area residents, the numerous Olinger facilities sprinkled throughout the
region have remained a familiar and tasteful mainstay to the communIty, and a remmder
of our rich cultural and economIc hentage, I
DescnptIon ofOlmger Residence, 7495 West 29[h Avenue
The former resIdence of Margaret and George W Olinger, Sr. is an estate (ca 1925)
occupying the northeast corner of West 29"' Avenue and Wadsworth Boulevard, Ongmal
elements of the property conslst of the mam resldence, surrounding gardens, a stucco
pergola colonnade roughly 200 - 300 feet long TUnnlllg parallel to Wadsworth Boulevard,
well house, sunken garden, caretaker's home, and original bam, Rellll1ants ofthe formal
grounds are still m eVldence all across the property,
The mam structure, (architect to be verified), SItS deep on the lot facing south and is
surrounded by many mature cottonwood trees, The home's ongmal mam entrance IS
accessed from 29"' Avenue by a double walkway flanked curbsIde by terra cotta-clad
lanterns WIth hons-head details. Large terra cotta vessels flank the steps to the entrance,
which boast globe-topped torcheres. A port-cochere is located on the west side of the
building, Wlth French doors leadmg drrectly mto the home's Drawing Room. The
onginal structure demonstrates intricate extenor bnck pattemmg and eaveswork (see
detail photograph), topped by a Spanish tile roof, an Iffiusual and opulent treatment for
the area, The sightline from 2901 Avenue denotes the structures' stately though restrained
smgle-stoned Frame-style roofline, though a second story IS ill eVldence at the rear of the
house over the automobile comp,artrnents.
-
The pergola delmeates the western edge of the property and consists of a double row of
stucco pillars, whlch are each at least 2 feet III diameter, connected overhead by a grape
arbor (see detail photograph) NIature rose bushes grow at the base of each pillar, An
origmal concrete pathway leads down the center of the colonnade north, toward the
caretaker's house, past an original pump house constructed in the same style as the main
structure, Remnants of the formal gardens, such as concrete garden steps, are evident all
along the pergola, Ongrnal hooks wluch one held stnngs of onentallantems during
summer partIes hosted by the Olmger family ill the 1920s, 1930s, and 1940s are still
mtact.
The mam buildmg on tlus SIte was converted to an operatIng mortuary m 1970, and a
large chapel was added to facihtate funeral services. Other modmcatIons to the slte and
structure include the paving of a large portion of the rear gardens, extendmg almost to the
caretaker's home (see detail photograph), This paving was done, however, Wlth rugh
regard to the large cottonwood trees in the area, most of which were spared removal. At
thIS tIme the extenor glazed bnck of the main residence was pamted white. Amongthe
most memorable elements on the property was the presence of three large-scale
replIcatIons of statuary from antIquity (the DISCUS Thrower and Venus De Milo bemg the
most recognizable). which were present until Just recently, when their detenoratmg
condlbon mandated theIr removal.
The mam house, pergola, and surroundmg gardens are already highly regarded by many
long-bme Denverresidents as landmarks due to their sheer aJchltectural majesty. The
fact that the area was once pnmarily fannland dlctates that most structures from that era
are farmhouses or outbuildmgs leanmg toward a purely functlOnal and somewhat rural
archItectural nature. This fact alone sets the Olinger reSidence apart from any other
hIStone estate in West Denver, whether extant or not, for it was built ill a grand modlfied-
Prame style and was embelhshed Wlth graclOus components associated almost
exclusIvely Wlth the well-heeled Denver establishment of the early part of the 20th
century. True, estates such are this (the BonfiJs Belmar, etc) once dotted the farmland of
the Front Range, however, this may be the one remaining country estate from early
Denver on the West Side It is incontrovertible that it should be revered as a symbol of
early Denver society that is utterly irreplaceable. As of this date the surrounding area,
though mostly reSIdential, has succumbed to rapid commercial redevelopment (not all
successful), and tlns particular property, WIth its elegant and graceful presence, adds nch
hIstorical value to Wheat Ridge. Simply put, it is a rare and beautiful architectural
specimen in fundamentally pristine condition, further enhanced by the luxury of open
7
space,-
L Factual data courtesy of Donald M. Chase, Colorado Funeral DIrector's ASSOCiation ("History
of Colorado Funeral Enterprises by CIty or Town")
2, Architectural description researched and written solely by Kevin F Murphy
Olinger Mansion 7495 West 29th Avenue Wheat Ridge Colorado
A structure may be ehgible for NatIOnal/State RegIster designation if It IS over 50 years
old and meets one of the following criteria,
Is this structure architecturally significant
I ThIs house IS certainly larger and more ImpressIve than surroundmg resIdentIal
structures.
" The architects or contractors have not been identIfied,
3 The residential portion (west) was bUIlt in 1914
4, There was an earlIer resIdential structure now located at the north end of lot.
5 There was an arbor bUIlt along Wadsworth which stIll stands
6 There was a landscapmg element south and southwest of the front entry
Is this structure associated with persons (or mstitutions) whIch made slgmficant
contributIOns to the commumty
George Washington Olinger (1882-1954)
1. George Olinger was owner or manager of Olinger Mortuaries, 1901 to 1940's
whIch was located at 15th and Platte (1890-1909) or 1600 Boulder St, (1909-1999)
2 He was a principal in ASSOCiated Industnes, whIch developed Bomlle Brae
(Denver), Olmger Gardens (Wheat R:idge) and Indian Hills (Jefferson County)
3 He was a prmClpalm Crovm Hill Cemetery (1907) and other memonal parks
4 He was a pnnCipal in bUlldmg Tower of Memones (a NatIOnal Landmark)
5 He was founder of Highland Boys youth organization 1916 untIl 1940's
6 He provIded the first mass transIt m Wheat RIdge (cIrca 1910's),
7 He was a founding member and officer of Colorado Funeral DIrectors Assoc
8 He was a founding member and officer of Amencan Funeral DIrectors Assoc
9 He provided quahty, affordable housmg for 1118 employees m 1919 at Olinger
Gardens SubdIvIsIOn.
10 He supported the fine arts through the Olmger Quartet, the Olmger organists
and other musIcal groups,
II He was an early advocate of "planned needs" in the funeral busmess,
provldmg a finanCial model for indiVIduals to plan theIr own funeral/death activIties.
12, He was an early advocate of the "memonal park" wlllch was aesthetICally
pleasmg and carefully deSIgned to replace "burial groUl1ds"
Frances Vanderber
1 Fnmces Vanderber was a pnnCipal m Olmger Mortuanes, Crown Hill
Cemetery, Tower of Memories
2 Vanderber was son-m-law of George W Olmger, and carned out many of hIS
busmess and phtlanthroplc endeavors,
Olinger Mortuaries
I Olmger Mortuanes was founded by John and Emma Olmger m ] 890 at 15lh
and Plal1e Sts They later constructed a modern mortuary at 1600 Boulder St
(190Y-1999)
2 In 1969, an additlOn was constructed east of the Olmger family home and the
entire complex became a full serVIce mortuary
3 By 1986 SerVIce CorporatlOn InternatlOnal purchased Olmger MortuarIes,
Crown }hll Cemetery and other assets,
4 Jefferson County Open Space purchased portions of Crown Hill for open
space and park purposes,
5 Ohnger Gardens was a large employer of Wheat RIdge and Denver area
workers (see Olmger Gardens SubdlVlslOn)
Associated Industries
1 Served as a real estate development and financIal arm of the Olmger busmess
enterpnses, planmng, constructIng and developmg BonnIe Brae (Denver),
Olmger Gardens (Wheat RIdge), and Indian HIlls (Jefferson County)
2 Involved 111 numerous other busl11ess activltes,
Crown Hill Cemetery
1 In about 1907 George Olll1ger arranged to purchase about 150 acres ofland
from Henry Lee (later expanded to about 230 acres) In about 1908 bunals
began in Crown Hill Cemetery, both from Olmger and other mortuanes,
2. Crown Hill featured the l,andscaped archItecture associated with memorial
gardens rather than "burial ground" deslgn used m eal'her cemetenes,
3 Crown HIli featured "perpetual mall1tenance" and acqUIred water nghts on the
Rocky Mountall1 DItch and water storage nghts 111 Crown Hill Lake
4 Crown Hill Cemetery was a large employer of Wheat Ridge area workers
Olinger Gardens Subdivision
1 Is located between Shendan and Fenton Streets and 29th and 32"d Avenues It
was purchased by Olmger busll1ess ll1terests from Moses Hallett estate (which
acqmred It from Jall1eS W R1chards family)
2, It provlded quahty, affordable housmg for the workers m varlOllS Ol1l1ger
family bus1l1esses alld others,
Mass Transit
1 Olmger family busmesses constructed and operated a street car Ime from 29th
and Yates past Wadsworth mto Crown Hlll Cemetery sometIme around 1910
2. This 11l1e provlded funeral cars, employee trallSportatlOn, and general pubhc
transportatlOn connectll1g wlth Denver TranSIt Company lmes 1l1slde Denver
3 Continued to operate a shuttle bus after the street car 1l11es were taken out.
Service Corporation International
1 Many Uhnger famlly busmess enterpnses were acqmred durmg the 1980's,
2 ThIS company plays a pivotal role In consohdatlOn ofthc mortuary and
cemetery busmess enterpnses Il1 North Amenca.
3 The consllhdation may now be affectmg these potentIally hlstoncal structures.
AKllL.LhlX. HlSlUKlC PKJ::<:SEKV ATlON
.i~J471-'a.:d .&4f l"'...Jt '5'/41"';"r Page 1 of8
w"2-0<:;;-/U "S-/(,-dk
HISTORICPRESERV A TION
ARTICLE IX. HISTORICPRESERVATION
Sec. 26-901. Inte'!t.~~dp)lr.p<?se:
A, The purpose of this article is to establish and preserve historic landmarks for the
educational, cultural and economic benefit of Wheat Ridge citizens by-
1, E'reserving, protecting, enhanci~~!._~~d_I.E?9~atin.9 the use of buildings and
structures that are r~miJ')ders of past er;~s, events and 'pe[~o~ iIT!R~.rt?J}ti!,'-'ocal,
state or national history, which are landmarks in the history of architecture, which
provide"examples of the physical surroundings in which past generations lived or
which are archaeologically significant; and
2. ~nsu~ing_ that the ~istori~ ~~ct~Li\Lpr~!.?~ry~9.il1 dev~lopment and
maintenance of such buildings and structures,
3, Stimulating educational, cultural_ and spiritual dimensions by fostering the
_~_"__."c _ ......_,", .. --------.- -,- .-~.---"
knowledge of Wheat Ridge's heritage and cultivating_ civic pride-- in- the
aceomptl!;jhments of the past; and - -. ------.- -. ---
",---. ..-
4 Cooperating with state and federal historical preservation effprts,
B. It is not the intention of this article to preserve every old building or structure in the
city, but rather to provide a process to evaluate and protect only those buildings and
structures deemed to have historical significance,
(Ord No 2001-1215,91,2-26-01)
Sec. 26-902. Supplement to zoning provisions; other code sections unaffected.
A. The requirements of this article are in addition to all other zoning provisions
contained in this chapter 26 and are not to be construed so as to waive any other
existing and applicable zoning regulations, unless specifically excepted by city council
pursuant to section 26-907, and shall apply to all zone districts in place at time of
adoption of this ordinance or hereafter
B Where a conflict exists between the provisions in this article and other provisions of
this Code, the provisions set forth in this article shall not affect the provisions set forth
elsewhere in this Code.
(Ord, No 2001-1215,91,2-26-01)
Sec. 26-903. Definitions.
A. For the purposes of this article, the following words and terms are defined as set
forth herein:
Community significance variance A variance from height, setback, square footage or
any other code provisions determined by city council as necessary to preserve the historic
character and/or significance of an affected historic landmark.
Development application, Any permit, site plan, rezoning, variance application or
administrative relief that would change the character or appearance of property and/or
t..++-. 111:1-.........._ ,t:;. '""""', .......~ ""........1.... I'oo~____ ,~~+~_~.~~~ ,..:111/.......... 1_ _ 1 _ --- --1 ~ 11 '""\""1 A 11 ""I A ^ 1"1 ""'I l"'Anr
AIUICLb IX. HlSTOlliC PRESERVATION
Page 2 of8
improvements thereon.
Exterior architectural feature, The architectural style, design, general arrangement and
components of all of the outer surfaces of an improvement as distinguished from the interior
surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and
texture of the building material and the type and style of all windows, doors, lights, signs and
other fixtures appurtenant to such improvement.
Historicpreservation, The protection, rehabilitation, restoration, renovation and
construction of buildings, structures and objects significant in Wheat Ridge history, architecture,
archaeology, engineering or culture,
Historic landmark. Any structure or improvement designated as historic under the
provisions of this article,
Inventory, A listing of buildings and structures within the city which reflect an earlier time
or which contribute to the overall historic character or heritage of the city, including a list of
historic landmarks designated pursuant to this article.
Landmark alteration pennit. Any permit issued by the city pertaining to construction,
alteration, removal or demolition of a building or feature within a designated historic landmark
or landmark site.
Major change. Alteration to an historic landmark which may fail to preserve, enhance or
restore the exterior architectural features of the landmark by affecting the special character or
special historical, architectural or archaeological nature of the historic landmark which gave
rise to the historic designation.
Minor change. Alteration to an historic landmark which preserves, enhances or restores
the exterior architectural features of the landmark or site, A minor change does not adversely
affect the special character or special historical, architectural or archaeological nature of the
historic landmark or site.
Owner Any person, persons or entities having such right to, title to or interest in any
parcel of land or improvement so as to be legally entitled, upon obtaining the required permits
and approvals from the city agencies having jurisdiction over building construction, to perform,
with respect to such property, construction, alteration, removal, demolition or other work as to
which such person seeks the authorization or approval of the preservation specialist or the city
council.
Preservation specialist. The person under the supervision of the city manager who
prepares presentations for city council meetings at which historic designation applications are
considered and serves as the initial recipient of historic landmark designation and development
applications,
Reasonable return. The capacity, under reasonably efficient and prudent management,
of earning a reasonable return on an investment.
Restoration, Putting a building or structure back into the form it held at a particular date
in time as nearly as possible, the accomplishment of which often requires the removal of work
which is not "of the period"
Structure Any building, improvement, shelter or any other construction built for the
shelter or enclosure of persons, animals or chattels or any part of such structure when
subdivided by division walls or party walls extended to or above the roof or without openings in
separate walls.
Wheat Ridge Historical Society. A Colorado nonprofit corporation, recognized as tax-
exempt pursuant to section 501 (c)(3) of the Internal Revenue Code, or any of its successors,
the general purpose of which is to gather information about historic persons, events and places
in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate
L.........._ In~L..__~C. ~.~_':~~..J_ ____1__....______. ..Jl1/__'__'___.J.I"",,,A/1""'1...n/1,,\rnnr _.L_ 1.. mr
I""o/-tt"\I"^^r
-
ARTICLE IX. HISTORIC PRESERVATION
Page 3 of8
interest in such persons, events and places,
(Ord, No, 2001-1215, ~ 1, 2-26-01)
historic
Sec. 26-904. Benefits of historic landmark designation.
A. Historic landmarks may be eligible for grants for preservation restoration or
stabilization from the city, state or other granting organizations, '
B, T~e city, in collabo~ation with the Wheat Ridge Historical Society, in its discretion,
may write recommendations for such grants or monies and assist property owners in
applying for state or national historic designation,
C The city council, in its sole discretion, may make available economic incentives to
his,toric marks. The city council is authorized to seek and accept private or public grants
which would enhance historicpreservation
D The city shall supply a plaque of appropriate size which states that a designated
historic landmark is a Wheat Ridge Historic Landmark and protected under the
provisions of this article.
E, If appropriate, the city council may grant a community significance variance,
(Ord. No 2001-1215, ~ 1, 2-26-01)
historic
Sec. 26-905. Process for designation of historic landmark.
A. Any individual structure or building within the city is eligible for designation as an
historic landmark,
B Inclusion of any property in the National Register of Historic Places as provided in
the National HistoricPreservation Act of 1966 shall mean that the landmark is
automatically designated a local historic landmark subject to the protections of this
article,
C An application for historic designation may be submitted by the property owner, by
a member of the Wheat Ridge Historical Society Board of directors or by a member of
city council The application shall be on a form as provided by the city preservation
specialist and shall be submitted to the city preservation specialist who shall first refer
the application to the VVheat Ridge Historical Society Board of directors for review and
recommendation. If the application is made by anyone other than the property owner,
the city preservation specialist shall promptly send the owner a copy of the application
via certified mail The property owner may file a written objection to the application with
the preservation specialist within thirty (30) days after the date the preservation
specialist mails the owner a copy of the application.
D In accordance with its own rules and bylaws, the Wheat Ridge Historical Society
board of directors shall review the application for historic designation and shall make a
recommendation to city council on whether the city council should grant historic
designation, Failure of the Wheat Ridge Historical Society board of directors to provide a
recommendation within thirty (30) days of the date that the application is sent to it for
referral shall be deemed to be a recommendation for denial.
E. Upon receipt of a recommendation from the Historical Society board of directors, or
after the passage of thirty (30) days from the date an application is sent to the Historical
Society for referral, the preservation specialist shall schedule a city council public
hearing on such historic designation applications. Notice of the public hearing shall be
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ARTICLE IX. HISTORIC PRESERVATION
Page 4 of8
sent to the owner of the property via certified mail, shall be published in a newspaper of
general circulation and be posted on the property by a sign, which conforms with the
requirements of section 26-109C , at least fifteen (15) days before the date of the public
hearing, Such notice shall state the time and place of the public hearing, state that an
application has been filed for historic designation of the structure and describe the
location of the landmark by street address, legal description, map and/or other
descriptive information sufficient to reasonably advise the public and/or any interested
persons of the pendency of the application. If the property owner files a written objection
to the application, city council shall hold said hearing within forty-five (45) days of the
date of receipt of the recommendation of the Historical Society board of directors or
within forty-five (45) days after the passage of thirty (30) days from the date the
application is sent to Historical Society for referral.
(Ord, No, 2001-1215, S 1, 2-26-01)
Sec. 26-906. City council designation.
A. Following public hearing, city council may designate by ordinance historic
landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In
making such designations, city council shall consider the recommendation of the Wheat
Ridge Historical Society Board of directors, the testimony and evidence presented at the
public hearing and the following criteria:
1 No structure or building shall be granted historic designation unless city
council determines that the property owner will retain the ability to earn a
reasonable return on the property which is the subject of the application; and
~----~---- --
2, The city council shall consider whether the structunl is of particular
historical, architectural, cultural or archaeological significance which:
, a. , Exemplifies or reflects the broad cultural, political, economic or
social history of the nation, state or community; or
~ . -
rc
~; Is i~ed~. w~h.,.~~~!oric per~ons_ or with important events in
national, state or local nlstory; or
@ Embodies distinguishing characteristics of an architectural type
Inherently valuable for tl1e-.StUdv-.ofJU~~ style, method of construction
or of indigenous materials or craftsmanship, or
d, Is representative of the notable work of a master builder, designer or
architect whose individual ability has been recognized, or
e:, Is recommended as an historic landmark by the Wheat Ridge
Historical Society board of directors, ------
B The city council may grant historic designation in the presence of one litor.tIlore
of the.criJi3ria set forth in 2,a,--2.e" above, but need not find that all of those criteria are
met.
e If an application for historic designation is submitted by either a city council
member or a member of the Wheat Ridge Historical Society board of directors and the
property owner does not desire historic designation and so indicates by filing a written
protest before the scheduled public hearing, historic designation shall be granted only
upon a three-fourths vote of the entire city council
o It shall be unlawful to demolish, destroy or undertake any major change to a
structure which is the subject of a pending historic designation application until such
time as city council has determined whether such designation shall or shall not be
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""'/11"'\/""'^^1
AKl1CLE lX. HlSTORlC PllliSERV ATION
Page 5 of8
granted,
E. The planning department and the public works department shall maintain an
inventory of all designated historic landmarks and all structures which are the subject of
pending applications for historic designation. Upon receipt of an application for either a
permit or a request to carry out any new construction, alteration, removal or demolition
of a structure on or in an historic landmark or on a structure which is the subject of a
pending application for historic designation, or a zoning change or development plan
change, the planning or public works department shall forward such permit application,
request or information to the preservation specialist within ten (10) working days, No
permit shall be issued or request granted by said departments before a landmark
alteration permit has been issued by either the preservation specialist or city councilor
until a determination has been made by city council not to grant historic designation.
(Ord. No, 2001-1215,91,2-26-01)
Sec. 26-907. Community significance variances.
A, In addition to historic designation, or at any time after granting historic
designation, the city council may, upon application therefore, grant community
significance variances to historic landmarks,
B When a community significance variance is sought after historic designation has
already been granted, the notice and hearing requirements for granting such a variance
shall be as set out in section 26-905E" except that the notice shall state that an
application has been filed for a community significance variance,
C The criterion for determining that a variance should be granted is that the variance
is necessary to preserve the historic character and/or significance of the affected
structure,
D The variance shall remain in effect only until such time as the use which created
the historic character of the landmark changes or ceases, Failure to maintain the
subject of a variance in good repair and working order may cause a rescission of the
variance.
(Ord. No 2001-1215,91,2-26-01)
historic
Sec. 26-908. Limitations on development affecting historic landmarks.
A. No person shall carry out or cause to be carried out on any historic landmark any
construction, alteration, removal or demolition, or make any changes that would impair
the historic nature of the historic landmark without first obtaining a landmark alteration
permit therefore in accordance with this article
B Nothing in this section shall be construed to prevent any construction, alteration
removal, or demolition necessary to correct an unsafe or dangerous condition of any
structure, or parts thereof where such condition is declared unsafe or dangerous by the
city building or community development departments, or fire department and where the
proposed measures have been declared necessary by the city manager to correct the
dangerous condition, as long as only such work which is necessary to correct the
condition is performed Any temporary measures required by the city under this section
may be taken without first obtaining a landmark alteration permit, but a permit is required
for permanent alteration, removal or demolition of an historic landmark,
C If the city provides the applicant with a landmark alteration permit, the applicant
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AKllLLt IX.. tti:s I UKlC PKC:ShKYAl1UN
Page 60fg
must apply for a building permit within six (6) months of the date of the permit.
D. If the city denies a landmark alteration permit, no person may submit a subsequent
application for the same construction, alteration, removal or demolition within one (1)
year from the date of the final action upon the earlier application,
(Ord. No. 2001-1215, 91, 2-26-01, Ord. No, 1288,991,2,5-12-03)
Sec. 26-909. Initial processing of applications for landmark alteration permits.
A. Applications for a landmark alteration permit shall be submitted to the
preservation specialist on a form as provided by the preservation specialist and shall
contain such information as required to assure full presentation of the facts necessary
for proper consideration of the permit.
B landmark alteration permit applications for minor changes shall be determined by
the preservation specialist in accordance with this article, landmark alteration permit
applications for major changes shall be determined by city council in accordance with
this article,
C The preservation specialist shall determine whether the landmark alteration permit
application requests a "major change" or a "minor change" to the historic landmark,
(Ord. No. 2001-1215, 9 1, 2-26-01)
Sec. 26-910. Minor change landmark alteration permits.
A. In determining whether to grant an application for a minor change landmark
alteration permit, the preservation specialist shall grant the permit if the requested
alteration to a historic landmark would preserve, enhance or restore the exterior
architectural features of the landmark or site. The proposed work shall not adversely
affect the special character or special historical, architectural or archaeological nature of
the landmark or site,
B, Any person aggrieved by a determination of the preservation specialist to grant or
deny a minor change landmark alteration permit may appeal such determination to the
city council within ten (10) working days of the date of the preservation specialist's
determination by filing an appeal with the office of the city clerk. Such appeal shall state
the grounds for appeal, Within thirty-five (35) days of the date the appeal is received in
the office of the city manager, the city council shall set a date for a hearing on such
appeal, which hearing shall be held no later than sixty (60) days after the date the
appeal is received in the office of the city manager. The city council shall have the power
to overrule the preservation specialist's decision by a vote of a majority of the city
council The determination of the city council following the appeal hearing shall be
issued within forty-five (45) days of the hearing and shall be a final determination for
purposes of Rule 106, Colorado Rules of Civil Procedure,
(Ord No 2001-1215,91,2-26-01)
Sec. 26-911. Major change landmark alteration permits.
A. The city preservation specialist shall schedule the permit application for a major
change on the next available agenda of the Wheat Ridge Historical Society board of
directors. The preservation specialist shall notify the permit applicant of the date of the
historical society board of directors meeting at which the application shall be considered
httn./ flinr<lrvh mllni{'(v!p rmn/O<ltpu"Hl rlll/,."I,."J""",rl"/l '")1.,1/11.,10/11. "O')~o~~I~tov<t+..=A~ ')/10/')(\(\;(;
AKIILLh IX. Hl~ 1 UKlC .PKl:':ShK V A nUN
Page 70f8
via first class mail at least fifteen (15) days before the date of the meeting,
B, At the conclusion of the historical society board of directors meeting at which the
society ,~onside~s a~ applic~tion for a landmark alteration permit to make a "major
change, the hlstoncal society board of directors shall forward to city council a
recommendation it either grant or deny such permit.
C. The city council shall schedule a hearing on such major change landmark
alteration permit application, Notice of the hearing shall be as set forth in section 26-
905E" except that the notice shall state that an application has been filed for a major
change landmark alteration permit. Such notice shall be sent to the permit applicant via
first class mail and shall be published as in section 26-905E,
D. During the city council hearing on the major change landmark alteration permit
application, city council shall consider the recommendation of the historical society, the
evidence or testimony presented at the hearing, and whether the proposed work will
materially adversely affect the special character or special historical, architectural or
archaeological nature of the historic landmark, City council shall make its determination
to grant or deny the major change landmark alteration permit within sixty (60) days of the
date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the
date of the vote in writing, including the major change landmark alteration permit if the
city council has voted to grant such permit.
(Ord, No 2001-1215, ~ 1, 2-26-01)
-
historic
Sec. 26-912. Maintenance of historic landmarks.
All structures, architectural features, buildings and improvements which are designated
historic pursuant to this article shall be maintained in good repair so as to prevent deterioration,
Failure to maintain all historic structures, architectural features, buildings, and improvements in
good repair shall constitute a violation of this article,
(Ord, No. 2001-1215, ~ 1, 2-26-01)
historic
Sec. 26-913. Removal of historic designation.
A. An application for removal of historic designation may be submitted by the owner
of the property which holds such designation, by a member of the Wheat Ridge
Historical Society board of directors or by a member of city council as in section 26-
905C The application shall be processed in the same manner as in section 26-905C
through 26-905E , and section 26-906 except that the criteria for removal of historic
designation shall be that:
1 The property has ceased to meet the criteria for historic designation
because the qualities which caused it to be originally listed have been lost or
destroyed,
2. Additional information shows that the structure or property no longer meets
any of the criteria for historic designation contained in section 26-906.
B Properties removed from the state register or the. National Register of Histori,c
Places shall not be considered to have been automatically removed from the city s
historic inventory without formal action of the city council
C If either a city council member or a member of the Wheat Ridge Historical Society
board of directors submits an application for removal of h~storic deslgn.atlon and the
property owner does not desire removal of historic designation and so Indicates by filing
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AlUICLb IX. HlSIUKlC PliliSbK V A nUN
page lS ot lS
a written protest before the scheduled public hearing, historic designation shall be
removed only upon a three-fourths vote of the entire city council.
(Ord No, 2001-1215, 9 1, 2-26-01)
Sec. 26-914. Recordation of memorandum of action.
A. Within fifteen (15) days of a city council designation of an historic landmark, the
city shall cause to be recorded with the Jefferson County Clerk and Recorder a
memorandum of action which sets forth the following,
1. Address and legal description of the real property affected by the historic
landmark designation which underlies the structure which has been designated
as historic;
2, A statement that such real property is subject to article IX, chapter 26 of the
Wheat Ridge Code of Laws pertaining to the historic landmark requirements,
8, Within fifteen (15) days of the date that the city council removes an historic
designation, the city shall cause to be recorded with the Jefferson County Clerk and
Recorder a memorandum of action which sets forth the following:
1 The information contained in subsection A.1 , above, and
2, A statement that the owner of such real property is no longer required to
conform with the historic landmark requirements of chapter 26, article IX of the
Wheat Ridge Code of Laws.
(Ord No, 2001-1215,91,2-26-01)
-
Sec. 26-915. Violations and penalties.
A. Any person who is an owner as defined in section 26-903 or a manager of property
subject to any provision of this article shall be responsible for compliance with all
provisions of this article, Historic designation may be subject to a review for loss of
designation as a result of a conviction of the owner for a violation of this article,
8 Any person violating any provision of this article shall be subject to a fine of one
thousand dollars ($1,00000) or by imprisonment not exceeding one (1) year, or by both
such fine and imprisonment. Each and every day during which a violation continues shall
be deemed a separate offense and shall be prosecutable and punishable as a separate
offense
C The imposition of any penalty hereunder shall not preclude the city or any proper
person from instituting any proper action or proceeding to require compliance with the
provisions of this article In case any building or structure is erected, constructed,
externally reconstructed, externally altered, added to or demolished in violation of this
article, the city or any proper person may institute an appropriate action or proceeding to
prevent any unlawful erection, construction, reconstruction, exterior alteration, addition
or demolition,
(Ord No 2001-1215, S 1, 2-26-01)
Secs 26-916--26-1000, Reserved.
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF JEFFERSON, STATE OF COLORADO
CIVIL ACTION NO, .3.:l,7.4.6
GEQRGILH.....F.E.NTRESS... .et.<ll.......
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Pursuant to direction of the Court lud,gmcnt is hereby entered in favor of the ahove named
plaintiffs. George H. Fentress, Madeline I. Fentress, John H. Towell~
liIvlii'ii...Tow.eI'C....j6hii..j.. Fe'r:r.:;;'ro. Jean Ferrero, Gregor'J" Kreutzer and I'
I,~.~.. .'1:. ,...:1:9. );"Xl}?).9.lII.,.. ,<In p.. ,1).).1..0 t.h.e r.. ,pe.t: s.ons,. s.i.rnila.r ily... s i. tua.t e,ct. unde r...... II
Rule 23 of the Colorado Rules of Civil Procedure, j'
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T,m;...13Qi'Jl.O...oF...COUNTY ,COMMISSIONERS:
:;,.~:~,~~~~.~~;::~~=ON,....~~ATE \
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ENTRY OF JUDGMENT
.............. .......... ............ ...... ........ .......... .D~f.~~rlan t S
and a,2ainst rhe above named ,de.fendant.,....The...Ci.ty..,of...Whea.t..Ridge.,...Color.ado".
......................................................................... ...........................................
for tlur:lCllllOCI:tx.. .t:e.sto.t:at.ion.,Q.f....the...R-2", zonin'].. olass.;, f.;,cation-. . to.. ,the.........
area. Ten-day stay of execution granted.
Above i"d~ment entered in .1ud~ment Docket !look ....E............ on pa~e ,d. I
D',\'ed toi, ..~nQ...
1970.
day 01 April......
.. 19.7.0, nunc pro tunc April .1,
IRA K. MOORE
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CLERK OF THE DISTRICT COl;RT
By /;..?:C....d..li~c,'"..
Deputy Clerk
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1'3-529
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF JEFFERSON
AND STATE OF COLORADO
Civil Action No. 33746
- - - - - - - - - - - - - - x
GEORGE H. FENTRESS. et al.,
" '
Plaintiffs
v.
FINDINGS OF FACT. CONCLUSIONS
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON. STATE
OF COLORADO, et al..
OF LAW. AND ORDERS
Defendants
- - - - - - - - - - - - - - - - - x
THIS MATTER having come on for trial this 31st day of
March. 1970. the plaintiffs being represented by George C. Aucoin,
attorney at law. the defendant Board of County Commissioners and
Robert Jackson being represented by Leonard L. Liss. County A~torney,
and the defendant City of Wheat Ridge being represented by Maurice
Fox and Henry Ni.eto. attorneys at law, and the court. after consider-
ing the evidence and he~r~ng statements of counsel. doth order, adjudge
and decree as follows:
FINDINGS OF FACT
The court finds that this action in declaratory jUdgment
involves the rezoning of certain real property located at the inter-
section of West 29th Avenue and Wadsworth Boulevard in Jefferson
County. City of Wheat Ridge. State of Colorado. which has been
formerly called and referred to as the Olinger Estate.
The court fin~s that upon application for rezoning the
Jefferson County Board of County Commissioners did in fact have
jurisdiction to rezone the subject property because it was located
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in the unincorporated area of Jefferson county.
The court further finds that during the pendency of this
particular zoning application, the citizens of the City of Wheat
Ridge voted to become an incorporated city, and further. the court
finds that the Board of county Commissioners continued to accept
jurisdiction and process the applications and in fact on or about
August 5, 1969, did rezone said subject property from Residential
2 (R-2) zone district to Restricted Commercial (RC-l) district.
The court finds further that said rezoning became effective
on or about August 5. 1969. which was approximately seven days prior
to the swearing in of the mayor and other officials of the City of
Wheat Ridge, State of Colorado.
Further, the court finds that the subject property was
zoned Residential 2 (R-2) for low density residential uses someti~e
on or about 1946 pursuant to the original zoning plan for Jefferson
County.
The court finds that in 1960 or 1961 the Jefferson County
commissioners. pursuant to a comprehensive study. adopted a Master
Plan for the orderly development of the county and community and that
this Master Plan specified that there would be Residential 2 (R-2)
zoning for this immediate area surrounding the subject property
Further. Jefferson County continued to study and update
its Master Plan. and this updated study for the Master Plan further
called for Residential 2 (R-2) zoning for this area.
The court finds that subsequent to this rezoning change a
building permit was issued to the lando~ners which was promptly acted
upon by the lando'Nners in question. The landowners were not made a
party to this suit, and the court has no jurisdiction over these
owners.
ThE court further finds that plaintiffs are neighbors and
abutting property owners and are citizens of the City of Wheat Ridge.
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County of Jefferson, and have a vested right to enjoy the heretofore
announced residential zoning which was adopted in their respective
neighbo~hood, as specified by the Master Plan
Further, the court finds that the only question before it
is whether or not there was a constitutional. exercise of the zoning
powers by the Board of County Commissioners, and in order for this
rezoning change to be constitutional and legal it must bear some
reasonable relationship to the plan for the orderly development of
the community, or in this case the comprehensive plan
The court in determining this question refers to a resolu-
tion passed by the J~fferson County Board of County Commissioners on
or about August 5, 1.969, whereby the County Commissioners in Case
No. B69-56 rezoned the subject property as previously stated.
The court notes that the resolution states there has been
a large increase in traffic along Wadsworth Boulevard; that there
has been only a few residential building permits issued along Wads-
,
worth Boulevard; and that commercial zoning amounts to the best
economic use of the subject property, For these reasons the County
commissioners changed the zoning from residential to commercial.
The court finds these reasons were not in conformity with
the evidence presented to the County Commissioners, and their action
was therefore arbitrary and capricious and not in the best interests
of the community.
The court further finds that the Board of County Commissioners
did not follow the recommendations of the County Planning Commission
and the advice of the County Planning Director, Mr. Gary Latham to
keep this area resid~ntial, which evidence was presented to them at
the rezoning hearing.
Further, the court finds that said rezoning would depreciate
and devalue the plaintiffs' properties because said rezoning would
change the character of the neighborhood from residential to
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commercial, which is not in conformity with the comprehensive plan
for the development of the community.
CONCLUSIONS OF LAW, AND JUDGMENT
The court concludes as a matter of law that the rezor.ing
was an unconstitutional exercise of the zoning powers by the Board
of County Commissioners of Jefferson County, because such rezoning
would constitute "spot zoning" which has no relationship to the
Master Plan and therefore would not be in the best interests of the
general public health, safety, and welfare.
Additionally, the court finds and concludes that the City
of Wheat Ridge adopted the Zoning Regulations, the zoning maps and
existing zoning of Jefferson County without its own study or plan for
the orderly development of the City of Wheat Ridge. Therefore, the
City accepted the bad zoning along with the good and should be re-
quired to reinstate the original zoning of R-2.
THE COURT ORDERS that the City of Wheat Ridge take appro-
priate action with all convenient speed to rezone the subject prop-
erty for residential uses, R-2, subject to the property rights vested
in the landowner by the issuance of the building permit heretofore
mentioned.
The Board of County Commissioners and Robert Jackson, Chief
Building Inspector are dismissed from this action because the subject
property is now under the zoning jurisdiction of the City of ,;heat Ridgr.
Clerk to enter judgment accordingly.
DONE in open court this 8th day of April, nunc pro tunc
April 1, 1970.
BY THE COURT:
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l/rr;;-14-'e<1'" A ,;fh-,-;:/;0'iY
Ronal~ J. Hardesty~
Judge
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.lolll"llalof the COllllllisslOllers of
Jefferson COllllt)', Co\oraou, _. IIU~'U$T c,: ~~~~j,
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CC)jIIUl i t:i~ illnt.!r .J.'lck J~. 'l'rL'::.isc
Conanjssimh'C ,ToC' n.. Lewis
conunlfisJonl:'r eht~f.tt'r I.. 1I11~kin:ion
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\VllJ-:HJ-:1\S, t hI' Pl;,nn inq Ellq iIH.'t'l~ h:"ls prC':'hmtl!U U_'lS0 .'.l!l No. -:'7, ;h' I r~r:hln Ci....:nty J.....'II,d 11 I
Nl':'~. '1'.IS. if/OW, ilH prl~lX),rcd by lhc 1'1.:J.nnin~ Dcp:J.rthh.'at, illl...t
Wl1t:IU:J\S, th,' UO;'1ru of County C0nu\liss.iolwrs of the C.,:...mly cf ,:k!1~rson. Col.."t".:ldu, "~pprll\'I':; \)f
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NOW, TlIF.Rf:PORE, UE IT RESOLVED, that B:ls\?' Map No. 27. J~ft"rson County-cor:'\'yinfl
R70\'l, be und hereby in approvt'.1 \lnd aJopt,,)d t1R th<' O:fici:tl H;'1sC' M.,p of JI":Lcr90l~
the Ch.:til"n\an is hereby and hercwit.h ;:&ut.horizcd to at':ix his. si9n.:\turc thor\',)O.
lH~ NF,. '1'.IS.
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REZONING IIND RECL1ISSIFICIITION
V ""SF. NO, aGO-56/:::"' B ~q ... 5 t,
Francis S. V<ln Ocrbur
-----.:"-~ -...",-...........,
commissioner Trezise resolved that the follOW"ing resolution he adopted. se":-.Jndcd :y COnu-:iRsiolwr
Lewis and carried by unanimous vote. The roll havin~ been called. the vote was a~ foll~~s:
commissioner Jack L. Trezise
commissioner Joe B. Lewis
commissioner Chester L. HOskinson
"Aye" ;
"Ave" .
"Aye.";
WHEREAS, FRANCIS S. VAN DERBUR has filed an application to rezone the here:nafter descr:~ed
property in Jefferson County, Colorado, to amend the Jefferson county Zon~ng MaF ~o. 4. from
Residential Two (R-2) Zone District to Restricted Commercial One (R-Cl) Zo~~ Distr~ct; and
WHEREAS, after notice as provided by law, a Public Hearing was held by thi~ Bcare of Co~nty
Conoilissioners on July 22. 1969, and at the conclusion thereof was taken un::er ad'.=.semen:, by
proper resolution, for further consideration and for a decision to August 3. 196~j and
WHEREAS, based on the evidence, testimony and e.,,<hibits, a study of th:l Corr.:=rehen~:.ve Pla:i and
the recommendation of the Planning commission and the COmffients of the Dire~tor 0: the P~3nning
Department. this ~oard FINDS as ~ollows:
1. The Comprehensive Land Use Plan recommends =eside~tial developmer.~ for t~is area
and the proposed rezoning conflicts with that plan. nOwever, the App:icant ~erein.
in Case N04 B67-89, had previously appliea for ~ezoni~g within the sa7e cate~~ry a~i
for the same use and purpose. but such previous appli=ation was t...ithc.:-3.Ym. "::-lunta:-ily,
until the COmprehensive Plan could be updated. T::.at r.ew Comprehensiv.; Plan ';"3 in -;:ie
process of being prepared and is not completed as of this cate. This 30ard :s of ~~e
opinion that as a result of the character of the area being changed a~j beca~se suc~
general area is in a state of transition. as a result of many factors. the F~~pose~
rezoning sought herein ....ill be in general agree=.ent ",'ith such updatec Compr'!:::~rcsi'/"::
p~an. Among those transitional factors is the large increase of traf=ic alc:,.:] \'ladS"-
worth Boulevard, upon which Boulevard the proposed rezoning abuts. A==itio~~lly,
and within recent years, altho\.:gh some of the p:-opert::' existing on Wa:::swortr. aoule.oard
is residentially zoned, only a fe.... building pe~.its have been issued =~r the ?urpos~
of residential construction. For many miles on W~ds~orth Boulevard o~ly fo~= buil~_ng
permits have been issued for the present zoning as no~ existing in th_s caSE and t~~
retention of such zoning amounts to an unreasonable economic use of t~e proFerty.
2. Additionally, the proposed use of the prope=ty co~forms to other ;3es 0: ?roper~y
along Wadsworth Boulevard which have recently been de'leloped, and the ?ropos== use
herein "",i1.1 result in unified develonment .when considered from a tota:'ity St~:1dDOir.-:.
Further, a similar use has recently been approved by this Board in t~~ ~~ec_ate ar=a.
The immediate area is, therefore, in a state of transition sufficient ~o gra~~ the
rezoning sought herein and such rezoning is in the best interests of :::'~e heal-:h, sa:ety
and welfare of _the citizens of the .county of Jeffer9o~.
NCM, THEREFORE, BE 'IT RESOLVED that rezoning applica-:.ion Case No. B69-56 to: amenc 'the Je:ferson
county zoning Map No. 4 to include within the Restricted Commercial One (R-~l) Zc~e Dist~ict and
to exclude from the Residential TwO (R-2) Zone District the following desc=ibed' ~~incorF~rated
area of Jefferson County be and hereby is approved:
West ~ of Lot 3, Block 1, Barth's Subdivision.
LOCATION: NE Corner of West 29th A'/enue and Wadsworr-h Boulevard"
CASE NO. B69-75
Peter V. & Rose Capra
commissioner Lewis resolved that the following resolution be ado?ted, seco~~ed by Commi$,ioncr
Trezise and carried by unanimous vote. The roll having be~n called. the v~~e was ~s fol~()Ws:
Commissioner Joe D. Lewis
commissioner Jack L. Trezise
commissioner chester L. Hoskinson
_"Aye";
"Aye";
"Aye" :
WHEREAS. Pet(!r V. and Rose Capra ha'le filed an applic;:ltion to rezone the pr'Jperty locat-:.'.: at the
Northwest corner intersection Robb Stre(!t and North 1-70 Service Road, Jef:~rson c~unty. colortl-
do, to amend the J'efferson county zoning Hap No. 13 and 14. from Agricultu!"al-onc (1\-1) jistri<:t
to Industrial Three (1-3) District. and
WHEREAS, after notice as provided by law. and in accordance with C.R.S. 19~), 106-2-15. ~
hearing was held by thi~ nOurd of county Commissioners on July 22, 1969. a:-.d a t t~t:l conci
thereof W;l.5 taken under advisement, by proper resolutio~, for further consl-::leratio<Jn and f.L
decision to August 5, 1')69, and
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WHF.RI::M::, the Board of County Commiss ioncrs desire addi tional time for furtt.~r con.::;; i(1cT."i'I tion an<J
for a decision,
NOW. TIH-:REPOru:. DE IT RESOLVED. th.'ll rC7.oninq appliciltion, C>\se ao. B~J9-75. P("tcr
Cili->ra to ,HT1~nd the ,J,.oflC'r".)I\ Cr.HlOti' 7.~'nin7 l-l.'p No l~ "nd l4. to lncll;Lh~ w;.t:hin t
~ 'J'hrc:,(.: (1-3) 7.one Di~t.rict. :'\nd cxcluch" (r0Tll th~ lI'1ricul.rur.ul-Onc (.71,-1>. ZOO'": Dl.:<str
1 h0n.'b'/ is l:lKen U1H1C!1. au'.isertlcnt for <l period of one \\It'''':'' to ^wJu:;;l n. 1'1'.J, ."1"-
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'J. ;'Inri Hose
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INTRODUCED BY COUNCIL MEMBER WOMBLE
Council Bill No. 06-2006
Ordinance No.
Series of 2006
AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE
CHANGE FROM R-2, RESIDENTIAL- TWO TO PLANNED
COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN
OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495
W. 29TH AVENUE (CASE NO. WZ-05-10)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Upon application by Michael G. Pharo Associates for M & E Financial,
LLC, approval ofa zone change from R-2, Residential-Two to Planned Commercial
Development and for approval of an Outline Development Plan for property located at 7495 W.
29th Avenue and pursuant to the tindings made based on testimony and evidence presented at a
public hearing before the Wheat Ridge City Council, a zone change and Outline Development
Plan are approved for the following described land:
A TRACT OF LAND LOCATED IN THE SE ONE-QUARTER OF SECTION
26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF
JEFFERSON, STATE OF COLORADO, BEING THE WEST ONE-HALF OF
LOT 3, BLOCK I, BARTH'S SUBDIVISION, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION;
THENCE S0203S'05"E, 661.25 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF WADSWORTH BOULEVARD, WHICH IS THE TRUE POINT
OF BEGINNING; THENCE SOoo02'03"E ALONG SAID RIGHT-OF-WAY
LINE 635.80 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE
S89052'13"E, 315 06 FET; THENCE NOooOO'33"E, 635.39 FEET; THENCE
N8904T46"W, 315.54 FEET TO THE TRUE POINT OF BEGINNING THE
ABOVE DESCRIBED TRACT CONTAINS 200,401 SQUARE FEET OR4.601
ACRES MORE OR LESS
Section 2. Vested Property Rights. Approval of this zone change and Outline
Development Plan does not create a vested property right. Vested property rights may only
arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat RIdge 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
ATTACHMENT 4
ordinance IS necessary for the preservation of health and safety and for the protection of public
convemence and welfare. The City Council further determines that the ordmance bears a
rational relation to the proper legislative obJect sought to be attained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent Junsdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 5. SupersessIOn Clause. If any provision, requirements or standard
established by this Ordinance IS found to conflict With similar provisions, requirements or
standards found elsewhere III the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 6 .
This Ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote ofZ to Q on this
2ih day of February, 2006, 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 Monday,
April 24, 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2006.
SIGNED by the Mayor on this
day of
,2006.
JERRY DITULLIO, MAYOR
ATTEST:
Pamela Y. Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
I st publication: March 30, 2006
2nd bl' .
pu Icatlon:
Wheat Ridge Transcript
Effective Date:
2
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF JEFFERSON, STATE OF COLORADO
CIVIL ACTION NO, .3.3.7.~.6....
GEORGE.. R..... F.EN.I:RESS... .et... al...__ -- -- ----
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Pursuant to direction of the Court 1 ud~mcn[ is hereby entered in favor of the ohove named I:
Plaintiffs. George H. Fentress. Madeline I. Fentress. John H. TowellJ
vrvIan.--ToweIf;....joh.ii--j.;.--Ferre.rci~ Jean' Ferrero. Gregor--;]'. Kreutzer and I
I&~__.T.,....'J:Q.;J;'.!1p.J.Q.I\\.... .i'lJ:\Q..__il.1l. ..oth.er__.pe.x:sons.__similarily" si tua.te.d.__under__ ----
Rule 23 of the Colorado Rules of Civil procedure.
Plaintiff S \
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T.1iE__.BONUl..OF...Co.UNTY...COMMISSIONERS ~
~;:::~:~~~~~~~;'::~~:~~.::::~~ATE \
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ENTRY OF JUDGMENT
.............................. .... ...... -- ----..--.... ---- ..'ij~f~~;i~~ t S
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nod a~ainsr the above named ...defendant.,....'rhe.__Ci:ty...af.__Wheat..Ridge.....Calorado...
...................................................................................................................................
...............................................................................................................................................................
for uXlClCClix __ J:e.s 1:.oJ:a.tion. .of.. ..t.he. ..R-:2... zoning.. ola&6.i fiQat.ion--. to.. .the. -- --....
area. Ten-day stay of execution granted.
Above iud~ment entered in Jud~ment Oo<ket Book ....E..__.____.. on pa~e .....,;;:.1.....
O..,ed this ....2ni:l..________....__.,lay of Apri1................. 19.7.0.. nunc pro tunc April .L.
1970.
IRA K. MOORE
~
CLERK OF THE DISTRICT CO\iRT
By .~..?:.::....cl.____J.L:~__,.'"" ....__.......
Oeputv Clerk
i' 3-529
IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF JEFFERSON
AND STATE OF COLORADO
Civil Action No. 33746
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GEORGE H. FENTRESS. et al..
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Plaintif fs
v.
FINDINGS OF FACT, CONCLUSIONS
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON, STATE
OF COLORADO, et al.,
OF LAW. AND ORDERS
Defendants
- - - - - - - - - - - - - - - - - x
THIS MATTER having come on for trial this 31st day of
March, 1970, the plaintiffs being represented by George C. Aucoin,
attorney at law, the defendant Board of County Commissioners and
Robert Jackson being represented by Leonard L. Liss, County A~torney.
and the defendant City of Wheat Ridge being represented by Maurice
Fox and Henry Ni.eto, attorneys at law, and the court, after consider-
ing the evidence and he~ring statements of counsel, doth order, adjudge
and decree as follows:
FINDINGS OF FACT
The court finds that this action in declaratory judgment
involves the rezoning of certain real property located at the inter-
section of West 29th Avenue and Wadsworth Boulevard in Jefferson
County, City of Wheat Ridge, State of Colorado. which has been
formerly called and referred to as the Olinger Estate.
The court fin~s that upon application for rezoning the
Jefferson County Board of County Commissioners did in fact have
jurisdiction to rezone the subject property because it was located
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in the unincorporated area of Jefferson County,
The court further finds that during the pendency of this
particular zoning application. the citizens of the City of Wheat
Ridge voted to become an incorporated city: and further. the court
finds that the Board of County commissioners continued to accept
jurisdiction and process the applications and in fact on or about
August 5, 1969, did rezone said subject property from Residential
2 (R-2) zone district to Restricted Commercial (RC-l) district.
The court finds further that said rezoning became effective
on or about August 5, 1969, which was approximutely seven days prior
to the swearing in of the mayor and other officials of the City of
Wheat Ridge. State of Colorado.
Further, the court finds that the subject property was
zoned Residential 2 (R-2) for low density residential uses sometin,e
on or about 1946 pursuant to the original zoning plan for Jefferson
County.
The court finds that in 1960 or 1961 the Jefferson County
Commissioners, pursuant to a comprehensive study, adopted a Master
Plan for the orderly development of the county and community and that
this Master Plan specified that there would be Residential 2 (R-2)
zoning for this immediate area surrounding the subject property
Further, Jefferson County continued to study and update
its Master Plan, and this updated study for the Master Plan further
called for Residential 2 (R-2) zoning for this area.
The court finds that subsequent to this rezoning change a
building permit was issued to the lando~ners which was promptly acted
upon by the lando~ners in question. The landowners were not made a
party to this suit, and the court has no jurisdiction over these
owners.
ThE court further finds that plaintiffs are neighbors and
abutting property owners and are citizens of the City of Wheat Ridge.
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County of Jefferson, and have a vested right to enjoy the heretofore
announced residential zoning which was adopted in their respective
neighboLhood, as specified by the Master Plan
Further, the court finds that the only question before it
is whether or not there was a constitutional. exercise of the zoning
powers by the Board of County Commissioners, and in order for this
rezoning change to be constitutional and legal it must bear some
reasonable relationship to the plan for the orderly development of
the community, or in this case the comprehensive plan
The court in determining this question refers to a resolu-
tion passed by the Jefferson County Board of County Commissioners on
or about August 5. 1969, whereby the County Commissioners in Case
No, B69-56 rezoned the subject property as previously stated,
The court notes that the resolution states there has been
a large increase in traffic along Wadsworth Boulevard; that there
has been only a few residential building permits issued along Wads-
,
worth Boulevard; and that commercial zoning amounts to the best
economic use of the subject property. For these reasons the County
commissioners changed the zoning from residential to commercial.
The court finds these reasons were not in conformity with
the evidence presented to the County Commissioners, and their action
was therefore arbitrary and capricious and not in the best interests
of the community.
The court further finds that the Board of County Commissioners
did not follow the recommendations of the County Planning Commission
and the advice of the County Planning Director, Mr. Gary Latha~ to
keep this area residential, which evidence was presented to them at
the rezoning hearing.
Further, the court finds that said rezoning would depreciate
and devalue the plaintiffs' properties because said rezoning would
change the character of the neighborhood from residential to
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commercial, which is not in conformity with the comprehensive plan
for the development of the community.
CONCLUSIONS OF LAW, AND JUDGMENT
The court concludes as a matter of law that the rezoning
was an unconstitutional exercise of the zoning powers by the Board
of County Commissioners of Jefferson County, because such rezoning
would constitute "spot zoning" which has no relationship to the
Master Plan and therefore would not be in the best interests of the
general public health, safety, and welfare.
Additionally, the court finds and concludes that the City
of Wheat Ridge adopted the Zoning Regulations, the zoning maps and
existing zoning of Jefferson County without its own study or plan for
the orderly development of the City of Wheat Ridge. Therefore, the
City accepted the bad zoning along with the good and should be re-
quired to reinstate the original zoning of R-2.
THE COURT ORDERS that the City of Wheat Ridge take appro-
priate action with all convenient speed to rezone the subject prop-
erty for residential uses, R-2, subject to the property rights vested
in the landowner by the issuance of the building permit heretofore
mentioned.
The Board of County Commissioners and Robert Jackson, Chief
Building Inspector are dismissed from this action because the subject
property i~ now under the zoning jurisdiction of the City of Wheat Ridgr.
Clerk to enter judgment accordingly.
DONE in open court this 8th day of April, nunc pro tunc
April 1, 1970.
BY THE COURT:
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(.:--1,{;-1--?('.,( A'- /1;-,,-, -d; <-<'/
Ronald J. HardestyY
Judge
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COllllty. Colorado,
the COtl\111ISSI"lIl'rS
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\'/IIEHl':AS, th.' B0:\rd uf County c,)mmi!;~;ioIWJ:S of tile c...'~mly l'f ...ll'[l.:-n:;on. CuLr.lr.!o. ~1'P1"l1\" "j
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NOW, 1'l\El{EFORE, UE IT RESOLVED, that U.,s,-' Map N0 2"7, ,J('ff...'r!'>on Countv cur. 'Ylnq
R7mv, uC' ami herelly i:~ .1pprDv,',i .1nd \l.dupt,-'u .1S tilt"' l' t ici:11 B\l.Sl' M.l!J ,1\ J.H:l'r~,()l
Lln' Ch.1inmn is herL'lJY <11lU lIcrl..'wllh .l.uth0rl.zed to ar:lI-: hl;;; 5HJn:ll\.ln"' thcr,",)1l
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T.IS.
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REZONINC AND RECUSSIFIC^'rION
<-- 6/.C( <' I,:.
V 0\51-' NO.' 1\6"-5& '" '0
Fra~~crl..Jul'
commissioner Trezise resolved that the following rC5.:>lutio,,- be acloptcd, sC'.:.:>ndcd ;~y C<")m:':i"siolh'r
Lewis and carried by unanimous vote. ThE' roll havin.::< been called, the vote was 2:; [oIL ."5
commissioner Jack L. Trezise
Commiss ioner Joe B Lewis
conunissioner Chester L HOskinson
"Aye" ;
"Aye" ;
"Aye" :
\fHEREAS, FRANCIS S. VAN DERBUR has filed an applicatl.on to rezone the here::1after jescr::Jcd
property in Jefferson county, Colorado, to amend the Jefferson County Zor._:1g Mn~ ~o. 4, from
Residential Two (R-2) Zone District to Restricted CO"'JIlercl.al One (R-Cl) ZC:-.e District: o.:H1
WHEREAS, after notice as provided by law, a Public Hearing was held by thiO" Boare ;,)f Cc...~ty
COllll;,issioncrs on July 22, 1969, and at the conelusio:1 thereof was taken ur.::.er ad"_3cmcn-, by
proper resolution, for further consideration and for a decl.sion to August :. 196~ and
WHEREAS, based on the evidence, test.imony and exhibi:.s. a study of th:: cor..;:::-ehen~_\.E: PJ"".1 and
the recommendation of the Planr:l.ng corrunission and the COllUr.ents of the Dirc.:tor 0: ~r.c p~ ....nninc;
Department, this Board FI~nS as follows
I The Comprehensive Land Use Plan recommends =eside~tial jevelopmer.~ for :~:s ar€3
and the proposed rezoning conflicts with that p_an. ~owever, the ApF_icant -;rein,
in Case No 867-89, had previously applied for =ezoni~g within the sa~e cate~~ry a~~
for the same use and purpose, ~ut s\.:::::h previous ap!Jl_:::ttion was ".:ithc.:.3wn. ':It:ota:_l:',
until the comprehensive Plan could ce updated T~at ~ew Cc~prehensi : Plan _3 in _. e
process of being prepared. and is not completed ='5 of ::his cate This 30ara _5 or -:..C
opinion that as a result of the character of the area being changed a~~ ceca_se su~
general area is in a state of transi~ion, as a result 0: many factors, the ;~~pos~
rezoning sought herein will be in geCleral agree~e:-;t \,~th such updatec. C.Jrr,?r,:~"rsl
Plan Among those trans.lt.~onal factors is the ...a~ge :.ncrease of tra::lc al(.-~ ,'la8:'=-
worth Boulevard. U~O'l \oJnlch Bot..:leval-~ the prop~se::: rezoni.nG abuts. ;':::itl.c,.21.1,
and within recent years, altho\,;gh some of the ::::-o~ert.. eXls'.:.l.ng on W.::::'."iwort:-. 3ou1c""Olrd
is residentlal1f zoned, on11 a few b.Ji Idl.ng peri<;:s r.2.Ile been 1.~5ucd ::lr '"he ?urpo.~ ~
of residential constructi'Jn For ma!1Y miles or: ,iJ,:;ls\.:orth Boulevard c:-lj :0'_:- l:;uiL :":g
permits have been issued for tr.e ?resent zoo in,?" as no..~. existing l.0 tr._s case. 3.nd l-~
retention of such zoning amouncs to an unreasor.a~le economic use of t~e pro~~rty
2 Additionally, the proposed use 0: ~he ;Jrope:-'::.j co:'.forms to ot.her ":."ies 0: :;ro?-,c:.-:j'
along Wadsworth Boulevard whiCh have recently ~eeo de 'elopej, an~ the ?ropos~j use
herel.n will resul t in unl fled aeveloDIT,ent when ccns icered from a tota_-=- t'. s":.~.-,(:DO 1,-:'
Further, a sl.r..ilar wse has recently been aooro':ed bv :.nls Board in tr.: L;"'.rr.ec_3te a:::-"a
The i~ediate area l.S, t:-.erefo.re, i:-, ~,st~te.of .trans:..ti,?n sufficient :'0 gra:-.:' the
rezonlng sought herel.n a~d suen rezcnl.ng 15 1n ~~e best ~nterests of ~~e hea~~h, s~:etj
and welfare of the citizens of the County of Jefferso~.
NOW, THEREFORE, BE IT RESOLVED that rezor.ing applica:ion Case No 869-56 to: amenc ~he JE:ferso:,
County zoning Map No.4 to include ,,,,'ith~n the Restricted Commercial One (F.-:l) ZC:-.-:; Dis~:-ict M:u
to exclude from the Resl.dential 'two (R-2) Zone Dlstrict the following desc::-ibed t.:::incon::Jratec;
area of Jefferson County be and hereby is approved: -
West ~ of Lot 3, 8lock 1. Barthls Subdivision
LOCATION: NE Corner of \'/est 29th A lenuc and Wadsworth Boulevard
CASE NO. B69-75
Peter V & Rose capra
commissioner Lewis resolved that the following resol~tion ce ado?ted, seco~~ed b' ~on~is""'0ncr
Trezise and carried by unanimous vote. The roll hav~ng be~n called, the v~-:e was ~s fo' ~/S
Commissioner Joe D. Lewis
Commissioner Jack L. Trezise
Commissioner Chester L. Hoskinson
"A,/e";
"Aje";
"Aye" :
WHERl"AS, Peter V and RosE:' CaprCl htl.,c filed an appli::atior: to rezone the p:,,')perty locaV_ at lr.
Northwest corner intersection Robb Street and North I-70 Service Road, Jcf~~rson C')llnty. culor~-
do, to amend the Jefferson County Zoning t'1...-"lP No 13 und 14, from Agricultt.::-"ll-OnC! (A-i) :-dstnJ'l
to lnclustrlal Three (1-3) D~sLrlct, and
WHERF:!I.S, i'lfter notice as provided by law, and in accr)r.danc~ "..ith C.R.S. 19>:'3. 106-2-15, ;J publlC
hcarH1lJ ":as held by thi:; noard of C:,unlY conUllissioncn; on July 22, lY(..l), a:-.'1 at t;,r C'on<.lW,l.on
thcrc~F w;""\" taken under advisement, by pr'Jpcr resolu':.i.on. fOr furlher cons;,'Jera.tl';:1 and :or a
dccislOIl to August S, l'JG<:J, and
Wi\FHl-:M:;, the Board of count~' C(.::r!l.mi~sioners dC'!'iire i'ld~llt.ioniJl lime for furU-.~r cor.:>ith:r<ltlon and
! (01- d '.kc 1S ion,
IIiOW, TIII:KEl'Ortf':, llr. IT H.I:SOLVED, th.1l rC'7.nrllntJ applic,lt.~on, C'\sC' :10 rV/I-71j,
IC"PJ"l In .11"'1"\'1 the .J' It''r;,lJ!l C'."lll!' /,"iI)n'J ;<1.1P ~:(J 1; 1n<.3 !.;. l() _C)~l, v'
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lll,.t.,-:.,' lS l:l~;cn U1\l.'10 <1,: l:H'I1.'/H ldr.l !)Cr10d of UIH! '..., ...... tfJ 7\ll(.)\t" II I'
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3D3 9A9 3t~,78
April 24, 2006
Mr. Jerry DiTullio, Mayor
City of Wheat Ridge
7500 W. 29th Ave,
Wheat Ridge, CO 80033
Mr DiTullio,
I am writing to express my support in preserving Olinger Mansion at 29th and
Wadsworth.
Though currently a lakewood resident. I grew up just blocks away from Olinger
Mansion, My step dad has lived at 3035 Upham Court for 50 years He and my
mother have lived there for 30 years, All of us love the ambiance the Olinger
Mansion lends to the area. Along with City Hall and Crown Hill, it gives this block
a history, character and gentleness not found elsewhere on Wadsworth.
Wadsworth has many strip malls and fast-food restaurants. We should protect
those buildings that are unique and meaningful to our city, (As someone who
grew up in Wheat Ridge and still lives just minutes away, I still feel it's my city!) I
hope an agreement can be reached with the Wheat Ridge Historical Society, I
believe the building can be used for a purpose that would be beneficial to
residents in Wheat Ridge and the surrounding area, On behalf of my parents,
William and Janis Havens, and myself, please do everything within your power to
save Olinger Mansion.
Thank you, I )
\Y lC\ '\ 10l\ 6Jfl; ,Ci~ ~feL( ~
Mandi Bollinger-Everett /)
SJ.~rftf'J Ov+ ~b(j (:;
l-Iea-n';j'- ~ (2-~I'ZC>D-6
PETITION TO THE WHEAT RIDGE CITY COUNCIL
Regardmg the Olmger property at 7495 W 29th Avenue, we the undersigned encourage the Wheat RIdge CIty
CounCll to
1) Affirm the Plannmg COffiffilson vote to deny the current applIcatIOn for rezomng m
Case WZ-05-10/Pharo (Wadsworth Exchange)
2) Declare the property to be an hlstonc landmark; and
3) Work with preservatIOn specialIsts to purchase the property for some publIc use
3
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Signature
Date
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My Commission Expires 11/12W06
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PETITION TO THE WHEAT RIDGE CITY COUNCIL iOoCa
Regarding the Olmger property at 7495 W 29th Avenue, we the undersIgned encourage the Wheat RIdge City
CounCIl to
1) Affirm the Planmng Commlson vote to deny the current applIcatIOn for rezon1l1g 111
Case WZ-05-1 a/Pharo (Wadsworth Exchange)
2) Declare the property to be an hlstonc landmark; and
3) Work wIth preservatIOn speCIalists to purchase the property for some public use
Name (PRINT)
Address
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Notary,
My commission expires FCb L ~ )~. ...,
"I move to APPROVE Council Bill No. 06-2006, Case No. WZ-05-1 0, a request for
approval of a zone change from R-2, ResidentIal-Two to Planned Commercial
Development and for approval of an Outlme Development Plan for property located at
7495 W. 29th Avenue for the followmg reasons
1. The property IS unsUitable for low denSity residentIal use due to mtensIficatIOn of
traftic and uses along the Wadsworth comdor.
2. ThIS land was used as a fairly mtenslVe non-conforrmng commercial use (mortuary
and funeral chapel) for over 40 years.
3 Zomng and development of the site would support the Neighborhood ReVitalIzatIOn
Strategy concernmg the redevelopment of the Wadsworth Comdor
4 The deSign parameters shown are generally conSIstent With the C-l zone dIstnct.
5 The proposed document meets all reqUirements for a Planned Commercial
Development Outlme Development Plan.
6 The applIcatIon meets the reqUirements of SectIOn 26-112 D of the Code of Laws.
7 The February 27,2006, City Council condItIOns have been mcorporated mto the
motIon for approval.
With the followmg conditIOns
1 The Olmger house be retamed m ItS present locatIOn and ex tenor conditIon,
normal mamtenance and upkeep excepted.
2. The mtenor of the mam house may be used for any purpose permitted by the
then-current zomng.
3 The eXlstmg pergola shall be moved, If feasible, to a locatIOn or locatIons on the
subject property or shall be reconstructed at one or more locatIOns on the subject
property
4 An option to acquire the old house and barn on the site (for no monetary
consideratIOn) shall be granted to any responsible orgamzatIon, conditIoned upon
such optIOn bemg exercIsed and bUlldmgs moved off of the site pnor to the
ImtIatIOn of any constructIOn on the site by the owner.
5 a. No applicatIOn for a demolI I as been submitted, nor has any such
permIt been I e City for the 01mger house (mansIOn) or the pergola,
r 0 the consideratIOn ofthe ODP applicatIon by City CouncIl.
h The architectural deSign of any new structures on the property WIll be
consistent With the elements ofthe architectural style of the OlInger house,
mcludmg such elements as, by way of example, rooflmes and shapes, bmldmg
matenals and colors, wmdow patterns, hmldmg SIze, bUlldmg mass.
6 The property owner shall have consented to the foregomg condItIons of an
Outlme Development Plan approval on the rccord before the City CouncIl.
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(Note. The foregoing conditions were placed on the pending ODP submittal when
Council took action on the historic landmark designation application and must be
part of the motion. The following are staff suggested conditions and are optional.)
7 A tree assessment performed by a licensed arborist be submitted at the tlme of
Final Development Plan and plat.
(If you want to exclude liquor stores from the list of permitted uses, add #8
below to yo n. ~
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8. Use #40, "Liquor stores of hIgh quality no dnve through" be elImmated
from Page 1 ofthe ODP document.
(If you want to exclude taverns or bars from the list of perm'
below to your motion.)
9 Use #59, "Taverns or bars with food service" be elImmated from Page 1 oftli
ODP document."
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3480 Everett Street
Wheat RIdge, CO 80033
Apnl 5, 2006
Members of the Wheat Ridge City Council
7500 West 29th Avenue
Wheat RIdge, CO 80033
Dear City Council Members
A VIEW AND AN IDEA
The Olinger property would be most attractive and invitIng If it were kept as a complete
entity The grounds set off the home and define the origInal purpose of the estate a
lovely, refined residence, complete with necessary barn, caretaker's house, and garden.
I can enVISion a cultural center on thiS entire property, which would serve Wheat Ridge
as a place where children and youth could learn art and crafts, where programs and
reCitals could be held, and where dance lessons could take place, and other group
activities could take place
The cultural center would have to be under the control and sponsorship of an entity such
as the parks department, which would take responsibility for ItS management and upkeep
As a member of the St. VraIn Histoncal Society in Longmont, I have seen several historic
properties that have emerged Into useful amenities, the city IS quite proud of them, and
local history has been perpetuated. The St. Stephens Church on Main Street faced
demolition, but the Society there "saved" It and, after some years as an art gallery, it is
now the SOCiety's office. The Old Mill Park was a viSIOn that brought together
potentially park-like grounds and two relocated pIOneer cabInS, a milk house (all
restored) and a raised stage that is used for outdoor events, reUnIons, weddIngs, etc
Every May third graders from Longmont schools tour the Park to learn about pIOneer lIfe
- it IS theIr favonte field tnp The Hoverhome and Farmstead on Hover Road have been
repaired. Hoverhome IS used for teas, events, weddIngs, and meetmgs, and the Farmstead
will be used to educate on early agriculture
In LOUISVille the old grade school became a library and IS now a cultural center with art
and dance classes. I mentIOn these because some creatIVe thmking can make somethIng
really speCial out of a unique site or buildIng.
Of course, It takes effort to attain these thIngs, and volunteers have certainly made these
areas "a better place." If funds could be put together from grants, city purchase, fund
drives, etc., thiS OlInger Park could be a reality Moving the Library to that location IS
another idea. I'd be happy to show any Council members these places In Longmont and
LOUISVille, so they can see what others have done III Similar circumstances
Z ,/ - r_ 'v4 ~
SIncerely, JA..L{~t~ '-LJ2A.CJ'-4 .J:t If1
Barbara Leichty St. John, 303-77 I -8428
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time, Please see the Wheat ridge Clerks office if you would
like to see the map,
ITEM NO:
Q,l
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
Apri124,2006
TITLE:
COUNCIL BILL NO. 09-2006: AN ORDINANCE PROVIDING
FOR THE APPROVAL OF AN AMENDED OUTLINE
DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT LOCATED AT 4651 TABOR
STREET (CASE NO. WZ-05-12)
o PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
Qu"'-J~ ~
Commumty Development Director
[g] ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2ND READING
D
No
~
,~
City Man er ,1
EXECUTIVE SUMMARY:
The applIcant requests approval of an amended Outlme Development Plan for property zoned
Planned Commercial Development located at 4651 Tabor Street.
The Outline Development Plan typically WIll rezone a property and set allowable uses and
development standards. It IS general In nature and serves as a baSIC bluepnnt for development of
the property In thiS case, the applIcant IS requestmg Outlme Development Plan (ODP) approval to
modify two of the eXlstmg development standards (front setback and buildmg coverage) Under
Chapter 26, an amended ODP follows the same approval process as the ongmal ODP The new
ODP also reflects recent CDOT acqUiSItIon of nght-of-way for the new I-70 off-ramps.
A Fmal Development Plan and plat will be reviewed at the second readmg of the ordmance The
purpose of thIS request IS to reflect the new sIte condItIons and allow for the constructIOn of a new
retail bmldmg and aSSOCiated dIsplay area for traIler sales.
ThIS case was contInucd to the Plannmg CommISSIon publIc heanng on Apnl 20, 2006 because a
~--o-'m "'an -~. pres~-"~ ~~HA,,~. a h~anH" ~H ^H~l ~th
4U LUll yY ,:,.uVL .....llllV'vVllUu.......l H\..I 1116vUF\.t-'.lUV
ThiS CIty CounCil action IS related to Goals 2 and 4 of the Strategic Plan ofplanmng for growth and
opportumtIes and establishmg I-70 as a major commerCIal comdor
COMMISSION/BOARD RECOMMENDA nON:
This case was origmally scheduled for a Planmng ComnllSslOn publIc heanng on April 6, 2006
The case was rescheduled on April 20, 2006 due to lack of quorum.
STATEMENT OF THE ISSUES:
The three parcels that compnse this property mclude the ongmal parcel addressed as 4651 Tabor
Street, a parcel to the north acquired from CDOT and a parcel to the south at 4601 Tabor Street.
In 2000, the three parcels were rezoned to Planned CommerCial Development with approval of an
Outlme Development Plan (Case No WZ-00-12) A Fmal Development Plan and plat were never
finalized as CDOT was prepanng an environmental assessment for the State Hwy 58/1-70
Improvement project and the status of the property was unknown.
ApprOXimately two/thirds of the western portIOn of the property was acqUired by CDOT late m
2005 to faCilitate construction of new on/off ramps for 1-70 ConstructIOn of the ramps and
associated nght-of-way will displace the existmg bUlldmg and the maJonty ofthe outSide display
on the property Approval of an amended ODP, FDP and plat IS reqUIred for redevelopment of the
remammg portIOn of the property.
AL TERNA TIVES CONSIDERED:
Do not approve the amended Outlme Development Plan, Fmal Development Plan and plat. As
recommended by the CIty Attorney, demal should occur only at second readmg, as mdefimtely tabling
the ordmance on first reading denies the applicant due process.
FINANCIAL IMPACT:
A one hme reVIew fec was collected for the processmg OfthIS applicatIOn. Sales tax revenues may be
generated on the sales of certam Items. Use tax Will also be collected on any buildmg matenals,
RECOMMENDED MOTIONS:
"1 move to approve CounCIl Bill No. 09-2006, case number WZ-05-12, a request for approval of
an amended Outlme Development Plan for property zoned Planned CommerCial Development
located at 465] Tabor Street, ordered publIshed, publIc heanng set for May 8, 2006, at 700 pm m
the City Council Chambers."
OR
"I move to table mdeiimtely CounCil BIll No 09-2006, case numbcr WZ-05-12, a request for
approval of an amended OutlInc Development Plan for property zoned Planned CommerCIal
Development located at 4651 Tabor Street "
2
Report Prepared by- Meredith Reckert (303-235-2848)
Reviewed bY' Alan White
Attachments:
1 Plannmg CommlssJOn staff report (without exhibits)
2. CounClI Bill No 09-2006
Request for City Council Action-report form
3
CITY OF WHEAT RIDGE
PLA..~NING DIVISION STAFF REPORT
TO' Planmng CommissIOn
CASE MANAGER. M. Reckert
DATE OF MEETING: April20, 2006
CASE NO. & NAME
WZ-OS-12 & MS-OS-OS/Skltzo for Trailer Source
ACTION REQVESTED'
Approval of a PCD amended Outline Development Plan, Fmal Development
Plan and plat
LOCA nON OF REQUEST 4651 Tabor Street
APPLICANT/OWNER: SkltZO Offshore, LLC
APPROXIMATE AREA: 2.S acres
PRESENT ZONING PCD, Planned CommercIal Development
COMPREHENSIVE PLAN Small Office/Business Center and Agricu1tura1/Estate ResIdential
ENTER INTO RECORD.
(X)
(X)
(X)
COMPREHENSNE PLAN
ZONING ORDINANCE
SUBDNISION REGULATIONS
(Xl
(X)
CASE FILE & P ACKET MATERIALS
DIGITAL PRESENT A TION
Location Map
Planning Commission
W7 -05- \ 2 & MS-OS-05/Skitzu for TI A TT A C HME NT 1
All notificatIOn and postmg reqUirements have been met; therefore, there IS Junsdlction to hear this
case.
I. REQUEST
ThiS applicatIOn IS a three fold request for property located at 4651 Tabor Street. The applicant is
requestmg approval of an amended Outlme Development Plan to modify design standards to an
eXlstmg ODP and for approval of a PCD Final Development Plan and plat. The purpose of thiS
request IS to reflect the new site conditIOns and allow for the constructIOn of a new retail bUilding and
associated display area for trailer sales.
See applIcant's explanatIOn of the request. @ehi~i,fl,ci'Ppric!intWtter)
ThiS case was ongmally scheduled for Planning CommiSSIOn public heanng on April 6, 2006 Due to
lack of quorum, the case was rescheduled for April 20, 2006.
II. EXISTING CONDITIONS/CASE HISTORY
The property m questIOn IS zoned Planned Commercial Development and has an eXlstmg metal
bUlldmg 8400 square feet m sIZe used for retail trailer sales, office and light fabncatlOn. The
remamder of the SIte IS utIlized as mventory display and employee and customer parkmg. Access IS by
a smgle curb cut from Tabor Street Just south of the overpass for 1-70. The southern portIOn of the
property IS used as unpaved parkmg for the busmess although a Final Development Plan has never
been approved for It.
III. PROPERTY HISTORY
Case No WZ-95-9, the ongmal rezoning of 4651 Tabor Street, was approved by City Council m
September of 1995 The purposed ofthe zone change was to create a PCD allowmg the display, sales
and sefVlcmgofhorse trallers w,:~th a~soclated sales and light fabncatlOTI for custoilllzatlOTI ofthc
trailers. (Exhibit 2,existiTI.gFii1~1 Devilopment Plan).
In 1999, the appl1cant purchased an additIonal 1.3 acres of surplus nght-of-way from the Colorado
Department of TransportatIOn which IS north of and adjacent to the ongmal Trailer Source property.
The City processed an applicatIon pursuant to Case No. WZ-99-09 to rezone the property to PCD,
mcorporate It With the onginal parcel mto one development and revise the underlying outlme plan for
the original parcel to allow additional land uses. As proposed, the use of the original parcel was
expanded to mclude the sales and service of person recreatIOnal vehicles (all terram vehicles, pcrsonal
watercraft and snowmobiles) which was not allowed under the ongmal zonmg conditions. The
applIcatIOn was recommended for approval by Plannmg CommiSSIOn but demed by City Council on
January 10,2001 The applicant subsequently filed 106 actIOn With the Jefferson County dlstnct
court. No actIOn occurred by the court due to a new applicatIon filed m 2000
The 2000 case (Case No WZ-00-12) was a zone change proposal for the original parcel, the parcel
acqUired from COOT and an A-I zoned parcel to the south at 4601 Tabor Street. The zone change and
Outlme Development Plan were approved; however, the reqUired Final Development Plan and plat
w'ere never finalized as CDOT was prepanng ili~ cnvlron~~ental assessment for the State H\vy 58/1:70
Improvement project and the status ofthe property was unknown. (Exhibit 3, existing Outlme
Development Plan).
Planning Commission
WZ-05-12 & MS-05-05/Skitzo for Trailer SOUIce
2
Approximately two/thirds of the western portIOn ofthe property was acqmred by CDOT late m 2005
to facilItate constructIOn of new on/off ramps for 1-70. Construction ofthe ramps and assocJated nght-
of-way will displace the eXIstmp bmldmg and the maJonty of the outside display on the property.
(.gf(hibits4 and 5,I~7Q.imptQyemepts)
IV. OUTLINE DEVELOPMENT PLAN
The Outlme Development Plan (ODP), which accompames a rezomng ordmance, sets the allowable
uses and development standards for the property. Typically the Outlme Development Plan IS general
in nature and serves as the bluepnnt for development of the property by showmg approximate areas of
landscapmg, bmldmg footpnnts and parkmg.
The Outlme Development Plan is also used to establish deSIgn parameters includmg maximum
buildmg height, mmlmum landscaped coverage and mmlmum penmeter setbacks, (Exhibit 6,
Proposed Outline Development Plan). An Outlme Developmcnt Plan IS bemg proposed to modify two
of the deSign standards on the eXlstmg ODP document; those deSign standards are the maxImum
amount ofbmldmg coverage and the mlmmum front setback. The new ODP also reflects the CDOT
property acqmsltlOn. Under Chapter 26, an amended ODP follow the same approval process as the
ongmal ODP
Allowable uses:
NeIther the permItted nor excluded uses have changed smce the 2000 ODP was adopted and recorded.
The proposed Outlme Development Plan lIsted permitted land uses which were negotiated With the
neighbors through a senes ofmeetmgs held m the summer of2000 Land uses whIch are undeSirable
at thiS locatIOn are lIsted as "Excluded Uses" Those include adult book stores, assembly halls, bars
and lIquor sales, convemence stores, gas statlons, heavy mdustnal uses, nursmg homes, pnvate clubs,
restaurants and VIdeo sales,
Landscaping:
The ODP sets the mInimum amount of landscapmg at 20%, A note has been added that all
reqmrements of Section 26-502 be met.
Access:
Two access pomts are shown; one south of the 1-70 overpass at the eXisting locatIOn and a southern
curb cut situated opposIte the W 46th Avenue mtersectJon With Tabor Street The northern curb cut
should be restncted to one-way m.
Building Height/Minimum Setbacks:
MaXImum bmldmg heIght IS speCIfied as 35' whIch IS morc restnctlve than the 50' allowed buildmg
height m the RC and C-l zone dlstncts. Setbacks proposed are generally consIstent WIth our
commerCIal zone dlstncts. The reduction of the front setback from 50' to 30' compensates for the
narrow lot dcpth due to the CDOT acqmsltlon.
Maximum Building Coverage:
MaxnTIum coverage by bmldmgs IS mdlcated at 20%, Combmed With the ml1l1DJUm landscape
cove-rage of 200/0, the renlalndcr leaves 60(Yo coverage by hard surfaces.
Development Standards:
Planning COmnllssJon
WZ-OS-12 & MS-OS-OS/Skitzo for Trailer Source
3
The development standards depicted m the table are shown on the ODP, Future redevelopment ofthe
site must comply with these standards.
Development Standard Existing Plan Proposed Plan
Max. building coverage 10% 20%
Max. building height 35' 35'
Min. perimeter setbacks
Front: 50' 30'
Rear: 15' 15'
Sides: 15' 15'
Min. landscaped coverage 20% 20%
Planning CommIssion
WZ-OS-12 & MS-OS-OS/Skitzo for Trailer Source
4
AddItional code sections are referenced on the ODP mcludmg off-street parking, slgnage, fencing and
architectural standards.
The proposed development standards are generally consistent with those m the Commercial-One zone
dIstnct regulatIOns. All reqUirements for a Planned CommerCIal Development Outlme Development
Plan have been met.
V. ZONE CHANGE CRITERIA
Although this request is not a rczomng, the code states that the procedures and reqUirements for
amendmg an ODP shall be the same as prescribed for the ongmal approval, which would Include
evaluatIOn of the zone change cnteria. Staff has the followmg comments regardmg the cntena.
1 That the existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
The official ZOnIng map IS not m error The parcells currently zoned Planned CommerCIal
Developmcnt.
2. That a change in character in the area has occurred due to installation of public facilities,
other zone changes, new growth trends, deterioration, or development transitions, and that the
evidence supports the finding of the following.
There wIll be dramatic changes m the character of the area when the new off-ramps for 1-70 are
constructed. All ofthe properties on the west Side of Tabor will be Impacted by varY1ng degrees. The
reVIsed OutlIne Development Plan IS in response to the acquiSItion of the ~restem two-thIrds of the
property for nght-of-way and pendmg demolItIOn ofthe eXlstmg structure and site Improvements.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other
related policies, and other related policies or plans for the area.
The Comprehensive Plan deSignates the northern two-thirds ofthe property as Small Office/Busmess
Center DeSired attributes of the SO/Be areas are lIsted as
. Small office or mcubator space which does not require high VisibilIty from well traveled streets
hut may have a retaIl component as an accessory use
. Welllandscapect.
. No VIsible outdoor storage, trash areas screened.
. Arnemtles such as outdoor SItting and eatmg areas, and pathways should be encouraged on-sIte
for employees.
. Vehicle CirculatIon be handled mternal1y on the site.
. All matenals, eqmpment, vehicles and actIVIties be enclosed wlthm the pnmary structure.
. Des1f(;d uses are lIsted as workshops, contractor/trades, repmr and eqUIpment shops,
profeSSIOnal servIces, research and development faCIlitIes and labs, offices,
Planning CommissIOn
WZ-05.12 & MS-05-05/Skitzo for Trailer Source
5
The southern one-thIrd of the property IS designated as Agricultural/Estate Residential. The amended
Outlme Development Plan IS inconsistent wIth this designatIOn. However, the desIrability of the
property for reSidential use IS questIOnable as It IS surrounded on three sides by commerCIal
development.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
Redevelopment ofthe property with an additIonal access pomt will serve as a benefit to the
neighborhood. Currently semi-trucks unloadmg merchandise for the property park on Tabor Street,
Just to the south of the 1-70 overpass, or stop on Tabor and back mto the property. Because of limIted
SIght distance from the north, this creates a dangerous situatIon for the dnver of the semI and the
travelmg public. The additIonal access pomt WIll allow trucks to enter the property from the north,
unload and eXit by the southern curb cut.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There will not be SOCial and recreatIonal benefits as a result of the zone change There may be
phYSical benefits (better aCcess With southern curb cut) and economic (increased sales tax) benefits.
The city does not capture sales tax from vehIcles registered for road use (trucks and trailers) but does
receive sales tax from the sales of Jet skis, all terram vehicles, snowmobIles and parts and accessones.
6, That adequate infrastructure/facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
All agencies can serve the property With upgrades to infrastructure, the cost of which WIll be borne by
thp ~nnl1r~nt
".LL..... .....1"" .t'.....""~~...&~.
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing light and
air to the adjacent properties,
ModIficatIOn to the Outlme Development Plan front setback and building coverage standards Will not
have a negatIve Impact to health, safety or welfare. EXlstmg traffic hazards Will be ehmmated when
the property IS redeveloped. Dramage will be accommodated on-site
8, That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas,
ZOlllng ofthe property occurred m 2000 The properties to the south and west are also zoned
commerClal.
VI. FINAL DEVELOPMENT PLAN
Plannmg Commission
WZ-05-12 & MS-05-05/SkitzQ for Trailer Source
6
The proposed Final Development Plan shows a two-phase design. The first phas~mc!~des,~~~lldmg
with an 11,000 square foot footpnnt located m the southwest comer of the site (Exhi,l"Jitq~'-proP9seq
Final Develbp'inent Plan) The gross floor area mcludes a 3000 square foot second story office.
Employee and customer parkmg are located to the east of the structure Inventory dIsplay IS on the
northern portIOn of the site. A second phase buildmg pad SimIlar m SIze to the first IS shown to the
northeast of the first structure adjacent to Tabor Street.
Structure Design:
The proposed architectural matenals for the new structure mclude rough-faced block and EIFS The
walls are broken up With contrastmg matenal bandmg and second story wmdows. ArchItecturally, the
bUlldmg elevatIOns are Similar on the east, west and north SIdes gIVmg the appearance of front fayades
from Tabor, 1-70 and the off-ramps. The only true "rear" wall of the bUlldmg IS on the south Side
Overhead doors are proVIded on the east SIde ofthe structure for vehicular access to the service bays.
Staff has requested that bnck or other accent matenal be proVided as a wamscotmg mstead of the splIt
face block shown.
Wall SignS are shown on the east, west and north elevatIOns. Freestandmg project SignS are not shown
on the FDP As such, the standards of Article VII of the zomng and development code Will apply
Based on thiS sectIOn, two freestandmg SignS would be permItted, one of whIch could be a highway
onented sign 50' m height. Staffrecommends that one of the freestandmg SIgnS be a monument sign.
A note has been mcluded on the Outlme Development Plan that signage may not be Iilummated when
the busmess IS closed. ThIS note should be replicated on the Final Development Plan document.
Landscaping:
The mInImUm landscaped coverage reqUired by the ODP is 20%. On the site data breakdown, the
landscapmg for thiS phase IS shown as 32,293 square feet (29 8 %). ThiS figure mcludes the formal
landscaped areas and the detentlOn ponds. The 20% ODP mlDlmum for the entire 2.5 acres must be
met With any future development phases.
Street trees With 3" caliper are shown m a tree lawns along Tabor Street. Street trees were also
reqUired along the 1-70 frontage. All minImum landscape quantities reqUired per SectIOn 26-502 have
becn met.
Access
Two access pomts are shown for the property The northern, eXlstmg curb cut will serve as a one-way
entrancc mto the property The southern curb cut alIgnmg apposite W 46th A venue can accommodate
two-way traffic A note should be added to the northern curb cut restnctmg It to one-way m, Public
Sidewalk should be extended north from the northern dnveway to the 1-70 bndge overpass.
Planning Commission
W7:-05-l2 & MS 05 05/Slotzo for Trailer Source
7
Development Standards
The followmg development standards are depicted on the ODP. The proposed development and any
future development must comply with these standards.
Development Standard Required by ODP Provided by FDP
Minimum Setbacks
Front: 30' 135'
Side: 15' 17'
Side: 15' 348'
Rear: 15' 19'
Maximum Building Height 35' 28'
Maximum Building Coverage 20% (21,710 s.f) 10.2% (11,090 s.f)
Min. Landscaped Coverage 20% (21,710 s.f) 29 8% (32,293 s.f)
Signage Refer to Article VII of the Compiles
Wheat Ridge Code of Laws
Fencing Refer to SectIOn 26-603 of the ComplIes
Wheat Ridge Code of Laws
Exterior Lighting Refer to SectIOn 26-503 of the Compiles
Wheat Ridge Code of Laws
Architectural Detail Refer to the Streetscape and Compiles with the use ofbnck
Architectural Design Manual wamscotmg.
The Final Development Plan complIes with the development standards estabilshed by the proposed
Outlme Development Plan, All reqUirements for a Planrled CommercIal Development Final
Development Plan have been met.
VII. FINAL PLAT
The property has been reconfigured to reflect the purchase by CDOT (:ex,hi1;>lti8,gr-pposedPl~t): The
plat establishes typical utility casements around the penmeter The permanent stormwater detentIOn
easements are shown with the appropnate mamtenance note on the front sheet.
10' ofnght-of-way IS reqmred to be dedicated for the southern portIOn of Tabor Street. A dramage
easement needs to be shown on the south end of the property
All regulatIOns and standards of ArtIcle IV of the Code of Laws have been met.
VIII. NEIGHBORHOOD MEETING
The reqmred pre-apphcatlOn meetmg for neIghborhood mput was held on June 28, 2005 (Exhibit 9,
NeIghborhood Meetlng Recap)
Planrung Commission 8
WZ-05-12 & MS-05-0S/Skitzo for Trailer Source
VIII. AGENCY REFERRALS
All affected servIce agencies were contacted regardmg the ability to serve the property. The developer
will be responsible for any needed upgrades to accommodate the proposed development. Specific
referral responses follow.
Colorado Department of Transportation: Has no comments at this time.
Wheat Ridge Public Works: The Public Works Department has reviewed a dram age plan and report.
An additional 1 0' of nght-of-way will be reqUired for the southern portion of Tabor Street. A
subdivIsIOn Improvement agreement With escrow WIll be reqUired for future publIc Improvements
from the northern end ofthe north curb cut to the north property lIne
Arvada Fire Protection District: Will require the mstallatlOn of additional hydrants. Emergency
access lanes shall be signed as fire lanes. The bUIldIng will be reqUired to be spnnklered.
Ditch Companies: The affected dItch compames have reVIewed changes to the current ditch
configuratIOns. The applIcant must contmue workmg With them to resolve any Issues.
Valley Water District: Valley Water Dlstnct has adequate capaCity to serve the pro] ect. AddItIonal
water maIn lllles, fire hydrants or fire spnnkler lmes may be needed.
Wheat Ridge Urban Renewal Authority: Has concluded that the proposed land uses are not
consistent WIth the 44th Avenue/Ward Road Redevelopment Plan; however, the zomng and land uses
were approved prior to the adoptIOn ofthe Redevelopment plan
X. STAFF CONCLUSIONS A"~D RECOMMENDATION
Staff has concluded that due to acquISItIOn ofthe western two-thirds of the property by CDOT, the
property must be redeveloped, As such, an amended OutlIne Development Plan and Final
Development Plan and plat are reqUired. Staff further concludes that all reqUirements for the pertInent
sectIOns of the Wheat Ridge Code of Laws have been met; therefore, a recommendatIOn of approval IS
given for all three portIOns of the request With conditions lIsted m the suggested motIOns.
XI. SUGGESTED MOTIONS:
There are three requests and each will require a separate motion.
AMENDED OUTI,lNE DEVELOPMENT PLAN
Option A: "I move to recommend APPROVAL of Case No WZ-05- ] 2, a request for approval of an
amended Outlme Development Plan for property located at 4651 Tabor Street for the followmg
reasons
1 The modIfication to the maximum bUlldmg coverage and front setback standards will allow for
effiCient redevelopment of the property
2. The amended Outlme Development Plan reflects the nght-of-way acqUisItion by CDOT
Plannmg COmmiSSlOil
WZ.05.12 & MS.05.05/Sbtzo for Tlailer Source
9
2 Staff recommends approval.
3 All regulatlOns and standards of Article IV of the Code of Laws have been met.
With the followmg conditions,
1. 10' of nght-of-way be dedicated for the southern portIOn of Tabor Street.
2. The dramage easement on the south end of the property be shown.
3 Correct miscellaneous typographical errors.
4. The property owner's signature block be modIfied so that all three documents are consistent."
Option B: "I move to recommend DENIAL of Case No MS-05-05, a request for approval of Fmal
Plat for property located at 4651 Tabor Street for the followmg reasons:
1
2
3 "
Planning Commission
WZ-05-12 & MS-05-05JSkitzo for Trailer Source
11
INTRODUCED BY COlJNCIL MEMBER
Council Bill No. 09-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN
AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY
ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED
AT 4651 TABOR STREET, 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 Skitzo Offshore, LLC, for approval of an amended
Outlme Development Plan for property zoned Planned Commercial Development located at
4651 Tabor Street and pursuant to the findings made based on testimony and evidence presented
at a public hearing before the Wheat Rldge City Council, an amended Outline Development is
approved for the following described land:
THOSE PORTIONS OF LOTS 7 AND 8 LEE'S SUBDIVISION, A SUBDIVISION
RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND
RECORDER IN PLAT BOOK 2 AT PAGE 23, AND LOT 1, TABOR
DEVELOPMENT SUBDIVISION, A SUBDIVISION RECORDED IN THE RECORDS
OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 132 AT
PAGE 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO DESCRIBED AS FOLLOWS'
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; TIffiNCE
S89013'3I"W ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE
NORTHEAST ONE-QUARTER OF SAID SECTION 20, A DIST AN"CE OF 1323,72
FEET TO THE EAST 1/16 CORNER BETWEEN SECTIONS 20 AND 17, THENCE
SOoo23'20"E ALONG THE NORTH-SOUTH CENTERLINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 20, A DISTANCE OF 977 02 FEET TO THE
SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1897
AT PAGE 363 OF THE JEFFERSON COUNTY, THENCE CONTINUING
SOoo23'20"E ALONG SAID CENTERLINE A DISTANCE OF 340.57 FEET, THENCE
N89025'28"E, A DISTANCE OF 32170 FEET; THENCE SOoo23'20"E, A DISTANCE
OF 4 85 FEET, THENCE N89014'16"E, A DISTANCE OF 26 6t-> Fl;I~T TO A POINT
OF CURVATURE ON THE SOUTH RIGHT OF WAY OF INTERSTATE 70 AND
THE TRUE POINT OF BEGINNING, THENCE ALONG SAID RIGHT OF WAY ON
A NON-TANGENT CURVE TO THE LEl'l HA VING A CENTRJ\1 ANGLE OF
21038'32", A RADll'S OF 614 00 FEET AND AN ARC LENTH 01' 231 92 FEET
WITH A CHORD BEARING OF NI200]' 3 ["E, AND A CHORD LENGTH OF 23055
ATTACHMENT 2
]
FEET, TO A POINT OF NON-TAGENCY; THENCE S89058'18"E, A DISTANCE OF
24.96 FEET; THENCE NOoo03'00"W, A DISTANCE OF 184 80 FEET, THENCE
Nllo50'40"E, A DISTANCE OF 101.61 FEET, THENCE N6300T46"E, A DISTANCE
OF 154.50 FEET TO A POINT ALONG THE WEST RIGHT OF WAY OF TABOR
STREET, THENCE ALONG SAID RIGHT OF WAY SOoo35'50"E, A DISTANCE OF
154,92 FEET, THENCE S09007'45"E, A DISTANCE OF 387 72 FEET; THENCE
SOoo27'18"E, A DISTANCE OF 3791 FEET, THENCE DEPARTING SAID RIGHT
OF WAY S89014'16"W, A DISTANCE OF 294.96 FEET TO THE TRUE POINT OF
BEGINNING SAID PARCEL CONTAINS 108,551 SQUARE FEET (2.49 ACRES)
MORE OR LESS
Section 2. Vested Property Rights, Approval of this Outline Development Plan does
not create a vested property right. Vested property nghts may only arise and accrue pursuant to
the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause, The City of Wheat Ridge 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 detennines that the ordinance bears a
ratIOnal relation to the proper legislatIve object sought to be attained.
Section 4. SeverabilIty, If any clause, sentence, paragraph, or part of this Zoning Code
or the applIcatIOn thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect applicatIOn to other
persons or circumstances
Section 5. Supersession Clause. If any provision, requirements or standard
establIshed by this Ordmance IS found to conflict with similar provisions, requIrements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 6 ,
This Ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of to
on this 24th day of Apnl, 2006, ordered published in full m a newspaper of general
circulatIOn in the City of Wheat Ridge and PublIc Hearing and consideration on final passage set
for May 8, 2006, at 7'00 o'clock pm., 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 , 2006
SIGNED by the Mayor on this
day of
,2006
2
ATTEST
JERRY DITULLIO, MA YOR
Pamela Y Anderson, City Clerk
1st publication:
2nd publication.
Wheat RIdge Transcnpt
Effective Date'
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
3
3,
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 24, 2006
TITLE:
RESOLUTION NO. 18-2006: A RESOLUTION AMENDING THE
FISCAL YEAR 2006 BUDGET TO REFLECT ACCEPTANCE OF
THE COLORADO AUTOMOBILE THEFT PREVENTION
AUTHORITY GRANT
o PUBLIC HEARING
o BIDS/MOTIONS
1ZI RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
1ZI
No
~u->r'l
City Ma r
EXECUTIVE SUMMARY:
The Police Department has been awarded a Colorado Automobile Theft Prevention Authority grant in
the amount of $6,000 from the State of Colorado. The police department anticipates expending this
grant dunng 2006 for enhancement of its automobile theft program. Newgate, Camelot Club, Mesa
Verde, Cesar Square and the Yukon Court Apartment complexes have formed a partnership with the
Police Department to Implement a Parking Sticker Program where each complex owner and manager
will assign to the reSidents of their complex, free numbered vehicle stickers that will be used to
identify which vehicles belong in the parking lot and which do not. Grant funds will cover costs for
printing program pamphlets and the parking stickers.
COMMISSIONIBOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
Auto theft and auto-related crimes in Wheat Ridge jumped from 284 incidents in 2003 to over 400 m
2005 with the highest percentage occurring in the major apartment complexes. To address this issue,
the police department created partnerships with the various apartment complexes to develop and
implement a new Parking Sticker Program. The program will help police recognize abandoned and
stolen vehicles more quickly as well as identify vehicles that do not belong withm an apartment
complex.
A ward of the grant will cover all expenses related to the new Parking Sticker Program for the
participatmg apartment complexes.
ALTERNATIVES CONSIDERED:
Not accept grant.
FINANCIAL IMPACT:
By accepting the grant, the City will receive $6,000, thereby covering hard costs related to the new
Parking Sticker Program.
RECOMMENDED MOTION:
"I move to approve Resolution No. 18-2006 amending the fiscal year 2006 budget to reflect
acceptance of the Colorado Automobile Theft Prevention Authority Grant and adding $6,000 into
Police Department account 01-212-650-654."
or.
"I move to table indefinitely acceptance of the Colorado Automobile Theft Prevention Authority
Grant. "
Report Prepared by' Kevin Koback, Police Officer
Barbara Delgadillo, Assistant to the City Manager
Reviewed by' G. Randy Young, City Manager
/bd
Attachments:
1. Resolution No 18-2006
2006 acceptance of grant - $6000 agenda item.doc
RESOLUTION NO. 18-2006
Series 2006
TITLE:
RESOLUTION NO. 18-2006: A RESOLUTION AMENDING
THE FISCAL YEAR 2006 BUDGET TO REFLECT
ACCEPTANCE OF THE COLORADO AUTOMOBILE
THEFT PREVENTION AUTHORITY GRANT
WHEREAS, the City of Wheat Ridge applIed for and was awarded a grant to
assist the Wheat Ridge Police Department in implementing its Parking Sticker Program
aimed at reducing auto theft and auto-related crimes Within partnering apartment
complexes; and
WHEREAS, the City Council desires to accept the grant in the amount of $6,000;
and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City hereby accepts the grant.
B The City Manager is authorized to execute all documents necessary for the
acceptance of the award.
C Upon receipt of the funds, that the funds be placed in the general fund.
D. The City of Wheat Ridge fiscal year 2006 budget be amended accordingly,
specifically adding $6,000 into the Police Department expense account 01-
212-650-654.
DONE AND RESOLVED THIS 24th day of April 2006.
Jerry DiTullio, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
ATTACHMENT 1
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM BO. 1.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
COUNCIL BILL NO. 06-2006
CASE NO. WZ-OS-IO
TITLE:
COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
ZONE CHANGE FROM R-2, RESIDENTIAL-lWO TO PLANNED COMMERCIAL
DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN
FOR PROPERTY LOCATED AT 7495 W 29TH AVENUE.
YOUR NAME AND ADDRESS
~Ebt;
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~
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)( QC)) At;"0J
~
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IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGE!
OPPOSED
~
~
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..-'"
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.1.
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO. WZ-OS-IO
COUNCIL BILL NO. 06-2006
TITLE:
COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
ZONE CHANGE FROM R-2, RESIDENTIAL-lINO TO PLANNED COMMERCIAL
DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN
FOR PROPERTY LOCATED AT 7495 W 29TH AVENUE
"-PMIfIIi YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
~
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erV6 .'tv
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I, \ "
<,',~ I ) \ i: ~. . . f J ~
x
-- J1c. A, 1-1 ~ IJ., r /} :),- de I( ~ L"> /v
Sf-, J(Jh
/
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITY OF WHEAT RIDGE
PUBLIC HEARING ROSTER
AGENDA ITEM NO.1.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO. WZ-05-10
COUNCIL BILL NO. 06-2006
TITLE:
COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
ZONE CHANGE FROM R-2, RESIDENTIAL-TWO TO PLANNED COMMERCIAL
DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN
FOR PROPERTY LOCATED AT 7495 W. 29TH AVENUE.
,,\ YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU IiIEED MORE ROOM PLEASE SIGN ON BACK OF PAGE!
CITIZENS' RIGHT TO SPEAK
DATE: April 24, 2006
ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF
THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME,
ADDRESS, AND TOPIC OF COMMENT.
NAME
ADDRESS
TOPIC
DATE: April 24, 2006
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING 1" EACH SUCH PERSON MUST
SIGN THIS ROSTER. STATING NAME. ADDRESS. AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF. OR IN OPPOSITION TO. A
PUBLIC HEARING. MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
~
X
NAME ADDRESS AGENDA ITEM NO.
~(n ~'1,UA~ (~ J a J /, r / ~ f- AI ~ " <:J\' It) 7651 D
n_~ -?Y/V' dl9.3J ~D /n ~ ~ C 200t.
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time, Please see the Wheat ridge Clerks office if you would
like to see the map,