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08/15/19
I City of WheatP,idge PLANNING COMMISSION AGENDA August 15, 2019 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on August 15, 2019 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agendapackets and minutes are available online athttp://www.ci.wheatridge.co.usl95/Plarming- Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES —July 18, 2019 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. W SP -19-02: An application filed by Tyler Downs for approval of a Master Sign Plan for property zoned Mixed Use -Commercial (MU - C) located at 7333 and 7391 West 38t'Avenue. B. Case No. WS -19-05: An application filed by Terrance Horton for approval of a two -lot subdivision with variances for lot width and lot size on property zoned Residential -Three (R-3). Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. I City of WheatRigge C. Case No. ZOA-19-02: An ordinance amending Chapter 26 of the Code of Laws to add floodplains in the Sloan's Lake watershed to the City's Floodplain maps as a Local Flood Hazard Area. D. Case No. ZOA-19-03: An ordinance amending Chapter 26 of the Code of Laws concerning the right of protest procedure for rezoning decisions. 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT "Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation — if applicable c. Public comment — time may be limited at the discretion of the Chair d. Staff/applicant response e. Close public hearing f. Commission discussion and decision Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. 2. 3. 4. 5. 6. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting July 18, 2019 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:07 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Melissa Antol Daniel Larson Janet Leo Scott Ohm Jahi Simbai Will Kerns Vivian Vos Richard Peterson Staff Members Present: Lauren Mikulak, Planning Manager Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner ANTOL and seconded by Commissioner LARSON to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES — June 20, 2019 It was moved by Commissioner LEO and seconded by Commissioner ANTOL to approve the minutes of June 20, 2019, as amended. Motion carried 6-0-1 with Commissioner SIMBAI abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes July 18, 2019 -1— No one wished to speak at this time. PUBLIC HEARING A. Case No. WS -19-01: an application filed by Riverside Terrace, LLC for approval of a Major Subdivision for property zoned Residential -Three (R-3) to allow for 18 single-family townhome units located at 11661 W. 40 Avenue. Ms. Mikulak gave a short explanation regarding the continuation of this case. She said the public hearing was opened on June 6, 2019 and mentioned that 7 of the 8 commissioners were present, all but Commissioner OHM. She wanted to confirm his eligibility to participate in the hearing and asked him if he had read the Staff report, reviewed the tape and read the minutes from June 6. Commissioner OHM confirmed he had done all 3 items. Ms. Mikulak reminded the Commission that on June 6 they requested to review the adjacent project first and requested additional traffic analysis from the applicant, which is included in the agenda packet. She added that staff had reviewed the traffic analysis and concluded a turn lane is not warranted on 44u' Avenue and staff is recommending approval of this subdivision. Commissioner VOS asked for an explanation of a Subdivision Improvement Agreement (SIA). Ms. Mikulak explained that a SIA is a document that both the City and Developer sign and obligates the developer to construct certain public improvements, both in the Right -of -Way and those that are on site and necessary for the townhomes to be built. It also includes provisions for financial guarantees. She also explained that the Lot Sale Restriction Covenant is used for townhome projects and it states a townhome cannot be conveyed until all public improvements are complete. Commissioner VOS also asked how the HOA requirements are met. Ms. Mikulak said the HOA document is reviewed, but only minimally by staff. The HOA owns the land so staff make sure the obligation to maintain the common space is met. Commissioner VOS asked how a neighborhood traffic study can be done. Ms. Mikulak said that staff can request a study to see what is going on in a case by case and location by location basis. Commissioner OHM asked if the fire access has been resolved. Ms. Mikulak explained there will be an easement that will be recorded and is a condition of approval and will be noted on the Planned Building Group documents. Sharon Vallar, Resident Planning Commission Minutes -2— July 2— July 18, 2019 11641 West 44u' Avenue Ms. Vallar lives next to this property and is concerned that construction vibration could crack her backyard cement. She also said she would like to know the height of the townhomes. Stephen Sundberg, Applicant 9640 West Chatfield Avenue, Littleton Mr. Sundberg said there is no guarantee that there will be no construction vibration, but a letter will be sent out to neighbors with his contact information and Ms. Vallar can reach out to him at any time with any concerns. Ms. Mikulak added that this project is in the Residential -Three (R-3) zone district and the height limit is 35 feet, but does not think this project will maximize that. Commissioner VOS then asked what the criteria is for the marketing strategy to confirm the townhomes will be sold. Mr. Sundberg said that a due diligence period is done at the beginning of the project. The group that works on this finds out a good asking price for the land, which is also done through the pre -application process with staff. Commissioner VOS also asked if an owner can rent their townhome. Mr. Sundberg explained the owner is not allowed to rent for the first year of ownership, then there is no requirement. It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS -19-01, a request for approval of a major subdivision on property located at 11661 W. 44' Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. With the following conditions: 1. Prior to recordation, the applicant shall pay the required fees -in -lieu of parkland dedication. 2. The developer shall enter into a subdivision improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. Planning Commission Minutes -3— July 3— July 18, 2019 3. Prior to issuance of building permits, the developer shall provide homeowner's association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Motion carried 6-1 with Commissioner VOS voting against. 8. OLD BUSINESS 9. NEW BUSINESS Ms. Mikulak gave a couple of updates: The August 1 meeting has been cancelled, but there will be items on the agenda for the August 15 meeting. Training for Commissioners at the October 3 meeting 10. ADJOURNMENT It was moved by Commissioner KERNS and seconded by Commissioner LEO to adjourn the meeting at 7:33 p.m. Motion carried 6-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes July 18, 2019 4— ♦�4le ® City of Wheat ��e CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: August 15, 2019 CASE MANAGER: Scott Cutler CASE NO. & NAME: WSP-19-02 / West End 38 Master Sign Plan ACTION REQUESTED: Approval of a master sign plan for a unified development zoned Mixed Use — Commercial (MU -C). LOCATION OF REQUEST: 7333-7391 W. 38' Avenue (West End 38) APPLICANT (S): Tyler Downs OWNER (S): Olive Street Development Co., LLC (c/o Tyler Downs) ZB National Association DBA Vectra Bank (c/o Jim Yankovich) APPROXIMATE AREA: 3.88 acres PRESENT ZONING: Mixed Use — Commercial (MU -C) COMPREHENSIVE PLAN: Mixed Use Town Center / Main Street Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map ~ r J '-'+Ar�L •f 717 Planning Commission 1 CaseNo. WSP-19-02/West End 38 Master Sign Plan Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. W SP -19-02 is an application by Tyler Downs requesting approval of a master sign plan for the West End 38 mixed-use development. The application is for the entire subdivision, which includes the 7333 W. 38"' Avenue mixed-use building currently under construction and the neighboring commercial building at 7391 W. 38"' Avenue currently occupied by Vectra Bank. The proposed master sign plan will apply to both lots that comprise the West End 38 Filing No. 1 Subdivision. Section 26-708.1) of the City Code establishes the procedure for master sign plan approval by the Planning Commission: D. Master sign plan. 1. The planning commission may approve a master sign plan for any existing or proposed commercial, mixed use, or industrial development of at least two (2) acres or more in size which is under unified control either by ownership, legal association or leasehold. 2. The intent and purpose is to encourage well-planned and designed signage within a large multiple building or multiple use complex which expresses unification and integration by elements of architectural style, size, color, placement and lighting while at the same time allowing for reasonable individual business identification. An additional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus for well-designed plans additional signs and/or up to a fifty (50) percent increase in maximum square footage for each sign, and/or may permit signs in locations other than normally permitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unification and integration of signage. Once approved at a public hearing by planning commission, all master sign plans shall be recorded with the Jefferson County Recorder's Office and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substantial variation from the plan shall be permitted without planning commission approval. Noticing requirements for a master sign plan process shall follow the procedures outlined in section 26-109. The City has only a few properties with master sign plans, including the Lutheran Hospital campus, Kipling Ridge, the Corners at Wheat Ridge, and Applewood Village Shopping Center. Master sign plans are appropriate on these types of developments where multiple buildings or uses on multiple lots comprise a single cohesive development. The City's sign code works well for single buildings on single lots, but a master sign plan better serves these larger developments. Planning Commission CaseNo. WSP-19-02/West End 38 Master Sign Plan IL EXISTING CONDITIONS The subject properties are located on the north side of W. 38"' Avenue, with frontage along Upham Street (Exhibit 1, Aerial). The site is zoned Mixed Use — Commercial (MU -C) and concept and site plans for both properties were approved in 2017 (Exhi7W Zoning Map). Both properties are in the West End 38 Filing No. 1 Subdivision, with Lot 1 being developed as the mixed-use project called West End 38, and Lot 2 being developed as the Vectra Bank site. Tract A is a public and emergency access tract/easement that is located between the two lots, which provides for a shared private access drive and pedestrian connections. Per City Code, the development is eligible for a master sign plan because it is over two acres in size, is under unified control, and includes commercial development. While the properties are separately owned, both properties are subject to the same concept plan, site plan and subdivision plat. Further, the development functions as a single development by nature of the shared access drive and emergency/public easements. Vectra Bank opened in 2018 and has existing wall signage on the north, east, and south frontages that were approved under building permit applications, and which meet requirements in the City's sign code. The existing drive-through wayfinding signs on the property also adhere to the sign code. No other signage exists on either site. The West End 38 building is under construction and is now fully framed but does not yet have approved signage. III. CASE ANALYSIS The proposed master sign plan is comprised of 9 sheets (Exhibit 3, Master Sign Plan). • Page 1 contains signature blocks required for recordation, a vicinity map, and a brief explanation of the purpose of the document. Signage for the site is expected to comply with the standards in Article VII of Chapter 26 (the "sign code") except as modified by the master sign plan. This page also includes the proposed signage standards for property -identifying blade, awning, and wall signs, directional/wayfinding signs, and tenant wall/awning signs. • Page 2 shows the elevations of the West End 38 building with the proposed signs superimposed and labelled. • Page 3 includes a site plan for the entire property and the proposed signs, including details of the two wayfinding signs that are proposed to be in public right-of-way. • Page 4 shows simplified site plans showing the location of each type of sign in isolation. • Page 5 shows the elevations and dimensions of the property blade sign. • Page 6 shows the elevations and dimensions of the property wall sign. • Page 7 shows the elevations and dimensions of the property awning sign. • Page 8 shows the elevations and dimensions of the tenant wall/awning signs. • Page 9 shows the elevations and dimensions of the wayfinding signs. The standards proposed in the master sign plan are summarized below in the order they appear on Page 1. For each type of sign, the provided analysis compares the standards proposed in the master sign plan with the standards in the City's sign code. All other signage proposed on the property will comply with the City's sign code. As a significant departure from other commercial and mixed use projects, no freestanding signs are proposed as part of this development. The absence of freestanding signs explains, in part, the request for other sign allowances as described below. The applicant's letter of request is provided in rhibit 4, ]Want Request. Planning Commission CaseNo. WSP-19-02/West End 38 Master Sign Plan Property Blade Sign • Allowed per Code: Blade signs are allowed to be affixed to non-residential buildings. They must extend beyond the building wall more than 15 inches but no more than 48 inches. One (1) is allowed per street frontage. For two-dimensional (flat) blade signs, 1 square foot of area is allowed for each 1 foot of height of the building wall. It must be at least 7 feet above the sidewalk. Proposed by Applicant: The master sign plan proposes one (1) property blade sign on the 38"' Avenue frontage at the southeast corner of the building ("A" on Sheet 3), with a maximum size of 50 square feet and a maximum projection of 52 inches. The sign must be at least 9 feet above the sidewalk. The definition states that this type of sign is intended to identify the development as a whole; the City cannot regulate sign content but it can be self-imposed by the applicant. Findings: Staff finds that the proposed property blade sign is an appropriate request. Although the sign code does not permit blade signs on residential buildings, West End 38 is a mixed-use building with residential above commercial/retail spaces. The increase of the maximum projection is only by 4 inches and is an appropriate request meant to accommodate a slightly larger sign which will allow the property to be better identified and proportional to the building size. Since a freestanding sign is not proposed for this property and will not work given the site constraints this sign effectively acts as the primary identifying signage for this development. Property Awning Signs • Allowed per Code: Canopy signs (also referred to as awning signs) may be mounted to a roof - like structure which may be freestanding or attached to a building. A maximum of 1 is allowed per street frontage or major interior drive. Canopy signs may use up to 50 percent of the allowed wall sign allowance for a frontage, and the size of the canopy sign is subtracted from the allowable wall signage. • Proposed by Applicant: The master sign plan proposes one (1) property awning sign which would be located above the primary pedestrian entrance to the West End 38 building, shown as "C" on Sheet 3. It would be limited to 10 square feet. The definition states that this type of sign is intended to identify the development as a whole; the City cannot regulate sign content but it can be self-imposed by the applicant. Findings: Staff finds that the proposed awning sign is consistent with the definition of canopy sign. The self-imposed size limitation allows for appropriate and necessary front -entry identification without competing with the tenant/property wall sign allowances. Differentiating this sign from other types of wall and awning signs allows the applicant to create separate, smaller allowances for each type of sign which reduces confusion in the sign review process. Each sign can be reviewed against its individual category as opposed to trying to calculate the allowed square footages of multiple wall and awning signs. Directional / Wayfinding Signs • Allowed per Code: "Directional signs" are allowed per the sign code, with a maximum of 4 square feet per side. They cannot exceed 4 feet in height, or 3 feet in height if within a required site distance triangle. There is no limit on the numbers of the signs. Directional signage must be Planning Commission CaseNo. WSP-19-02/West End 38 Master Sign Plan clearly incidental to the primary signage on a property and may only provide necessary directional information or location of onsite buildings or facilities. Proposed by Applicant: The master sign plan proposes a maximum height of 60 inches (5 feet), with a maximum area of 6 square feet. A maximum of two (2) signs are proposed in the public right-of-way. Findings: Staff finds the request to be appropriate given the size of the development. The layout of the site and multiple access points can potentially be confusing for the public. The allowance will be particularly useful since several entrances are not visible from public streets. The acting Public Works Director has approved the locations of the two signs in the right-of-way and did not find they pose sight triangle concerns. Wall /Awning Signs — The plan creates two new wall sign categories in order to distinguish between those signs that advertise for the West End 38 project and those that identify specific tenants. This approach fits well within the purpose of a master sign plan. Tenant Wall /Awning Sign • Allowed per Code: Wall signs are allowed on building fagades that are adjacent to a public street or major interior drive. Size is limited to 1 -square foot for every linear foot of the fagade to which the sign is affixed (a 1:1 ratio). Signs are allowed to project up to 15 inches beyond the building wall; signs on marquees, canopies, or awnings are considered wall signs. Wall signs are permitted on frontages facing public streets or major interior drives. • Proposed by Applicant: The master sign plan proposes an increase on the projection of the signs to 36 inches beyond the building wall. For the structure on Lot 1 (West End 38 building), eligible frontages for wall/awning signs are limited to those facing a public street or major internal drive. For the structure on Lot 2 (Vectra Bank), all frontages would be eligible. Findings: The request for signage to be allowed on all facades of Lot 2 is appropriate given the only ineligible frontage under the sign code is the western fagade, which is the most visible from W. 38"' Avenue. Vectra Bank has long requested the ability to put signage on this wall, which is not allowed because it is not a major interior drive. The proposed signage on this fagade does not need to be included in the master sign plan as it otherwise adheres to the sign code, but a rendering of the proposed location is shown in �2 Weste�e. This request is also appropriate since the property cannot accommodate a freestanding sign, limiting overall signage options. The increased projection from 15 to 36 inches allows for a unique design for tenant signage that may not fall neatly in the definition of a wall or awning. Property Wall Sign • Allowed per Code: Same as above section. Proposed by Applicant: The applicant is proposing a limit of one (1) per property with a maximum size of 36 square feet. The definition states that this type of sign is intended to identify the development as a whole; the City cannot regulate sign content but it can be self- imposed by the applicant. Planning Commission CaseNo. WSP-19-02/West End 38 Master Sign Plan • Findings: Staff finds the request to be appropriate. The width of this wall would otherwise allow a significantly larger wall sign than is proposed. As no tenant spaces are on this side of the building, it would be the only sign proposed on this frontage. As noted above, the site will comply with the signage standards in the City Code except as modified by the master sign plan. Ultimately, the master sign plan is cohesive and modestly -sized compared to the overall scale of the development. Often master sign plans are focused on freestanding signs that are larger, taller, closer to streets, or more numerous than allowed by Code. In this case, the site design and setbacks cannot accommodate freestanding signs, so the project relies on wall signs, blade signs, and awnings. Signage is focused on the commercial areas which include the ground floor retail on Lot 1 and the current Vectra Bank building on Lot 2. Many limitations are self-imposed; for example, the tenant signs could be larger under the current sign code. IV. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the subject property is eligible for a master sign plan and that the proposed plan promotes well-planned and well-designed signage. Staff further finds that the sign plan is reasonable in its requests and is consistent with the intent of the sign code. For these reasons, staff recommends approval of the site plan. V. SUGGESTED MOTIONS Option A: "I move to APPROVE Case No. W SP -19-02, a request for approval of a master sign plan on properties zoned Mixed Use — Commercial (MU -C) located at 7333 and 7391 W. 38'' Avenue, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is consistent with the intent of the sign code and is appropriate for the context of the development. With the following conditions: 1. The applicant will obtain building permits prior to installation of the approved signs. 2. The applicant will execute a license agreement with the Department of Public Works for the wayfinding signs to be installed in the public right-of-way. Option B: "I move to DENY Case No. W SP -19-02, a request for approval of a master sign plan on properties zoned Mixed Use — Commercial (MU -C) located at 7333 and 7391 W. 38'' Avenue, for the following reasons: 1. 2. ... Planning Commission CaseNo. WSP-19-02/West End 38 Master Sign Plan EXHIBIT 1: AERIAL /ry 9✓q 19+ii „ N� Wheatj�dg� _. Geographic Information Systems Leoend Q Subject Property 1 qAof 'ks. } k sea 0 0 � .a -- a � ;M 17 a AN eN r as 3 a"'a ' --r ` z (Ij �� ti �+� �Ae° r a i J m Na , 1 14 1 iyi P nlrC sa y 3 I Will; a� 9 ee kr� 38TH AVE - .. 4`, p is ,r iass 4 (JOIN � 9. w �1T Planning Commission 7 Case No. WSP-19-02 / West End 38 Master Sign Plan EXHIBIT 2: ZONING MAP Planning Commission Case No. WSP-19-02 / West End 38 Master Sign Plan EXHIBIT 3: MASTER SIGN PLAN See attached. Planning Commission CaseNo. WSP-19-02/West End 38 Master Sign Plan ME Gurl Im Grall In Im PW Ed G, may III new as Ioul HIM Mardis mula" am allebard GME ME Im Palo MY had al load Ila my Gwook, ede HIM bdoax And Bell 4 or Ell mans. Mall In Im an, Ed awai new xi HIM Mardis mula" am allebard GME ME Im Palo MY had al load Ind my Gwook, Ide Mom ME, VICINITYMAP 4 DEFINITION REQUIREMENT PROPERTY Asenwhah is added tothe Sell number one 01per propeM Dbuddingwal el vznbeeed(15) saalk a steel s proest inch. but IIIfifty two py aborethe heightNzbu g inch. Intended to ntMue Sn. SHEET dameopment as Brands Sham t of p.. PROPERTY Definition ei Sell number one0lt�pmpery AWNING SIGN pal intended m Identry Sham 3 of 9 ropary as Brands rypedestrian etanaeto.ue Sham 5 of 9 Property .altopeemn, ben an��anal wom,;na�ngsgns vCTIOlrvc tawny dMwqomI informal to motor &kgmmj All Six (6) equarefeet "Arreal SIBEE can; Period bliki Iffm�tanding, shall not exceed fofteraught AR inches in height if SIG" such as entrance, ad, parking within a requinedsughtnyl®I heheamm� or location Of onk gImItmon. outside Of a n g PostSham WayrnagSign Concept buildings orgaighted Floods signs shall be clearly incidental to d losenowd GO 80214 in both height and sign area TENANTWALY A .,an constructed of durable For the armAure on Lot 1, eligible front All be limited to those faiding AWNI Me SIGN matemaywhah A permanently Nil a public Greek or major internal dred F Structure on Lot 2, .11 affixed to e�e1murface of of Zo D AVE any ylong:' WEST END 38 MASTER SIGN PLAN AN OFFICIAL DEVELOPMENT PLAN OUTH RARE OF THE ���g QUEEFTER OF THE SALTHEAT �EROF SECTION 23 Uddi SOUTH FARGE 69 AREA OF THE FOUR PRINBETAL MERIDIAN CRY OF WHEAT RIDGE COUNTY OF JEFFERSON Ell �LO�O SIGN STANDARDS SIGN TYPE DEFINITION REQUIREMENT PROPERTY Asenwhah is added tothe Sell number one 01per propeM Dbuddingwal el vznbeeed(15) saalk a steel s proest inch. but IIIfifty two py aborethe heightNzbu g inch. 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PROPERTY Definition ei Sell number one0lt�pmpery AWNING SIGN pal intended m Identry Sham 3 of 9 ropary as Brands rypedestrian etanaeto.ue Sham 5 of 9 Property .altopeemn, ben an��anal wom,;na�ngsgns vCTIOlrvc tawny dMwqomI informal to motor &kgmmj All Six (6) equarefeet RiNo vemide stamps orpedemnano Period bliki Iffm�tanding, shall not exceed fofteraught AR inches in height if SIG" such as entrance, ad, parking within a requinedsughtnyl®I heheamm� or location Of onk gImItmon. outside Of a n g PostSham WayrnagSign Concept buildings orgaighted Floods signs shall be clearly incidental to losenowd GO 80214 in both height and sign area TENANTWALY A .,an constructed of durable For the armAure on Lot 1, eligible front All be limited to those faiding AWNI Me SIGN matemaywhah A permanently Nil a public Greek or major internal dred F Structure on Lot 2, .11 affixed to e�e1murface of g gble any ylong:' painted on the surface Of a wall or smdunswomph iomom x not extend than thirty beyond the buddingwall, except that senage Faced upon marquepay comple or grumps mall be considered All signs A sign constructed Of durable &kmmmj one 01property WALL SON anently permed eemnm BR.PROPERTY 35 ,uare e affixed to an exteribir surface f any building wall or Dmi or painted buiing wall or Dmdurevoch not extend mom han fied, tbni 05inches tn eiingA All, accept that Amnage placed upon ll marbe gm�:eE:edewhole goiden..ude.eedvalsiosed SITE DATA EXPLANATION OF DOCUMENT designThe intent and purposed a At Sign Plan Toencouragewell plannesdand integrated Style, size, catch placement, hfinjwoi tenant dereopment and to e s the aneamerompt unified na showing for reasonable maidual business dentBamon LEGAL DESCRIPTION LGhI.nd2TzAAAGWsdEnd38F1nqNo I Successor, City Of Wheat Ridge County GENERAL NOTES I Signs on the interior Of the projectshall not block sight duseanceforveholes using internal streaks, parking areas, and armed within the property 2 All Ilum,n led signs must apply for and became an electrical permit 3 Earths purpose itineration, this At Sign Plan shows specific sign coal Sign copy maybe changed so long mall future sign age complies with applicable in property call mmpe h n g worked :lMU)hfChapesiiaueckrga'Wheat reRidgeMunk�pall Code CASE HISTORY Wel City of Wheat Ridge, Colorado Appre, 3 BOB 7333 By 38th Are Code of Favor Chapter26, AwAeVI Wheat Ridge, OF 80033 Zoning AGO EXPLANATION OF DOCUMENT designThe intent and purposed a At Sign Plan Toencouragewell plannesdand integrated Style, size, catch placement, hfinjwoi tenant dereopment and to e s the aneamerompt unified na showing for reasonable maidual business dentBamon LEGAL DESCRIPTION LGhI.nd2TzAAAGWsdEnd38F1nqNo I Successor, City Of Wheat Ridge County GENERAL NOTES I Signs on the interior Of the projectshall not block sight duseanceforveholes using internal streaks, parking areas, and armed within the property 2 All Ilum,n led signs must apply for and became an electrical permit 3 Earths purpose itineration, this At Sign Plan shows specific sign coal Sign copy maybe changed so long mall future sign age complies with applicable in property call mmpe h n g worked :lMU)hfChapesiiaueckrga'Wheat reRidgeMunk�pall Code CASE HISTORY BEEF IST2 BEEF 16H07 POP WAZEE FEEL 6408 n... a. 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TO P - �--- t P G RNO: SIGN WORKS 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: PO #: : Rep Name: Maddie Bonthron Rev: Date: 7 04/18/2019 ----------------------------� -- Exterior Sign Type Key OProperty Blade sign OB Property Wall sign CO Property Awning sign OTenant Wall/ Awning Sign O Wayfinding Signs — — — property line Page 2 of 9 WEST END 38 MASTER SIGN PLAN oMIRCELo.LINeLYING InT 9rte,n�na,�Mwo°�mo:°�°oHSGU°�0;6����eo.3TORNSa LFHDo rAEno.Tne !�RiNo'l ,o,.n SIGN��, '''I ,Gse -- - I ''1 WORKS „'6' 9 k 90 1-1 15835 W. ELL Ave, Unit 4C 1 11 Lakewood, CO 80214 ---------------------- -- --- - x I 303289854) I PROP. -- ---- Exit n 1 Proiea Neme 1 Wert End 38th Sign io'2' n. o^' 6ElOw 1 Loce[iore GARAGE I agent 1hi , I WeseEnd39th I _ - • 1 RpYI I CONI 1 - 1 Tyle, Devens 1 Add.... 1 73a We<F A,,, WFert G 11 Rldge, CO e3033 Drrvewey PM1on,S '- B, it, redI E Eil. B dG9F 9 G I POS R eelrPn eonh I E Gress area Rev: C,i, P19 7333 W 38th Ave 128 a EYE s ,y E#eriorSign Type Key I Property Bled,,,gn G SeeetLght 1, - Sidewalk 11 0 Property Well sgn 11 _ Bike Red © Propertywv... GRIgF 11 C T... ntWdl/ tt{{ 6 E D AwnmgSg 'R�EfW O WEyf d gS gns G Ems. PARKIN SIG I 1 I I G PROP.•y— prope,ryone 1 — pASHE 5 P 13k,din 0.3 1 I 6•L p SIDE A � E 13.9'., R10 / 8th ave Pel,nt,, g 25.0 Page 3ot9 REved PIEnr�, -- O O WEST END 38 MASTER SIGN PLAN AN OFFICIAL DEVELOPMENT PLAN A PARCEL OF LAND LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCI PAL MERI DIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. PROPERTY BLADE SIGN TENANT WALL /AWNING SIGN O G O • 38th ave PROPERTY WALL SIGN v G 38th ave WAYFINDING SIGNS CC G O 38th ave PROPERTY AWNING SIGN ------------------------------ RiNo SIGN WORKS1w 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: PO #: : Rep Name: Maddie Bonthron Rev: Date: 7 04/18/2019 ..............................� .............................. Exterior Sign Type Key _______________________________ OA Property Blade sign OB Property Wall sign CO Property Awning sign OTenant Wall/ Awning Sign GO Wayfinding Signs — — — property line Page 4 of 9 Property Blade Sign Renderings WEST END 38 MASTER SIGN PLAN AN OFFICIAL DEVELOPMENT PLAN A PARCEL OF LAND LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCI PAL MERI DIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. I IiUU1 iL11 Ni arc! vai L mounting TBD by RiNo Sign Works Property Blade Sign Location iff is "1011� mom SOUTH SIDE . ... ep.. ...... .. m 9 Welded "cage" outlines around letters. routed out and backed with colored acrylicto light up at night Property Blade Siqn Dimensions 8, Mounting detail Total SF: 45 41.600 " - 8.655" 156.000" I f- 8.000" I J Box is horizontally centered to sign location J 10.000" 35th eve ------------------------------ RiNo SIGN WORKS1w 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: PO #: : Rep Name: Maddie Bonthron Rev: Date: 7 04/18/2019 ..............................� .............................. Exterior Sign Type Key OA Property Blade sign OB Property Wall sign CO Property Awning sign OTenant Wall / Awning Sign GO Wayfinding Signs — — — property line W Page 5 of 9 WEST END 38 MASTER SIGN PLAN AN ICIAL EVLPMENT PLAN THE SOLTH SIXTH POP O FTHE SOLTHAen UFFRER orwxw�THE SOLTHESPEST We3muOxrvo UFFRE.»x, SWEORCOITOM SHIP mSOH . RANGE a9 WEA OR THE RIN (� ProoSa Well Sion lU Ta,1,F Ll Property We 11 Sion w 7 �fdounmd to re®w,y L %Imhll3traggy venae b,, t tt,hro,gh b mP,TT d: eo PelaRF bock r: Pror ernweu s9n u L B e i- rLL- EALAL a 1 SFr _ a—FT F,t F. IL�L�6,'1aa— WESTSINE RiNo SiGNM&, WORKS 835 W. 6th Ave, Unit 41 Lakewood, CO 80214 303 289 8547 Pmj,¢ Name W,,tEed 3&F 81ae Wretloes Client W,,tEed 3&F Coet'b TN,r O.wa. Add rev. 7333 W 3&M1Av; W hwt Rldag CO80033 Ph...9 I POM: 1wpnemh I I Rer I Oat,: 1 7 10 182819 E#ertr&ge Trp, Kay O Property Bl,design Pmp,rtyW lI ,gn 11 SII © Pmp,mAw... gslg, SII OT,a,atW l A negsg Weed gas �aam Page 6 of 9 n� /Property Awning Sign �J Dimensions Total SF: 8.5 WEST END 38 MASTER SIGN PLAN AN OFFICIAL DEVELOPMENT PLAN A PARCEL OF LAND LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. game style cage letter MMIMON Property Awning Sign �� Install Strategy Blue face lit channel letter 18.000" 4: AtleasL4 oirnounung area �PropertyAwning Sign Location C H___C ]TI I_Id1 IIAdm-L F�=-� I:�PIL GX, Individually mounted to panel with self tapping screws ' Thin wireway behind letters �� to house wires into SOUTH SIDE Power supply cabinet, exact specs TBD ------------------------------ RANO SIGN WORKS1w 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: PO #: : Rep Name: Maddo Bonthron Rev: Date: 7 04/18/2019 ------------------------------� .............................. Exterior Sign Type Key _______________________________ OA Property Blade sign OB Property Wall sign CO Property Awning sign OTenant Wall / Awning Sign GO Wayfinding Signs - - - property line Page 7 of 9 WEST END 38 MASTER SIGN PLAN AN OFFICIAL DEVELOPMENT PLAN A PARCEL OF LAND LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCI PAL MERI DIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. E1Tenant wall/awning signs- Quantity: 3 Illuminated routed and backed cabinet signs. Faces will be shoeboxed and easily interchangeable Total SF: 7 XI55.500" 8.000" - I TENANT NAME E2Tenant wall/awning signs- Quantity: 3 Locations SOUTH SIDE EAST SIDE SIGN COPY MAY CHANGE AS TENANTS CHANGE WITH NO UPDATE TO THIS MASTER SIGN PLAN. Power out of one point in the sign to accessible power in the wall. Will have wireway or hidden conduit ------------------------------ RiNo SIGN WORKS1w 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: PO #: : Rep Name: Maddie Bonthron Rev: Date: 7 04/18/2019 --------------- ................................ Exterior Sign Type Key ............................... OA Property Blade sign OB Property Wall sign CO Property Awning sign EO Tenant Wall / Awning Sign GO Wayfinding Signs — — — property line Page 8 of 9 1 Post Wayfinding Sign Concepts Wayfinding Signs -Quantity: 14 12.500" 1 P— 5.000" WEST END 38 MASTER SIGN PLAN AN OFFICIAL DEVELOPMENT PLAN A PARCEL OF LAND LYING IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCI PAL MERI DIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Other (For Parking Spaces): wayfinding panels rdoncdted aluminum cabinet SIGN COPY MAY CHANGE AS TENANTS CHANGE WITH NO UPDATE TO THIS MASTER SIGN PLAN. P— 5.000° 38th ave ------------------------------ RiNo SIGN WORKS1w 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: ------------------------------- Po #: : Rep Name: Maddo Bonthron Rev: Date: 7 04/18/2019 -------------- ---------------� -- Exterior Sign Type Key ________________________ OA Property Blade sign OB Property Wall sign CO Property Awning sign EO Tenant Wall / Awning Sign GO Wayfinding Signs — — — property line Page 9 of 9 ae IAL cU� i omen FAKKINC 3.OVV Reserved for West End 38 Vectra Bank Employees aaosaecTroe aesoeNT a.NaKwG and Customers Future Resident Parking PARKING GARAGE > 8am-5pmM-F 8am-5pmM-F 8am - 12pm Sat 8am - 12pm Sat Exact copy and directionals 2 .250" to be provided by client 60" Vinyl on aluminum 12.500" ]D wayfinding panels rdoncdted aluminum cabinet SIGN COPY MAY CHANGE AS TENANTS CHANGE WITH NO UPDATE TO THIS MASTER SIGN PLAN. P— 5.000° 38th ave ------------------------------ RiNo SIGN WORKS1w 5835 W. 6th Ave, Unit 4C Lakewood, CO 80214 303.289.8547 Project Name: West End 38th Sign Locations Client: West End 38th Contact: Tyler Downs Address: 7333 W 38th Ave, Wheat Ridge, CO 80033 Phone #: Email: ------------------------------- Po #: : Rep Name: Maddo Bonthron Rev: Date: 7 04/18/2019 -------------- ---------------� -- Exterior Sign Type Key ________________________ OA Property Blade sign OB Property Wall sign CO Property Awning sign EO Tenant Wall / Awning Sign GO Wayfinding Signs — — — property line Page 9 of 9 EXHIBIT 4: APPLICANT LETTER To: City of Wheat Ridge RE: West End 38- Master Sign Plan Why we want the master sign plan: Our goal for a master sign plan is to create clear guidelines for current and future tenants. We also want to keep a cohesive look for the architecture of the building. We will be installing 27 exterior signs on this property. The building is mixed-use, as the main floor is for commercial/retail, and above will be an apartment complex. Multifamily Residential Signs: The apartment complex will have 3 signs dedicated to its use. The first sign is a nonconforming blade sign. The sign is nonconforming because blade signs are not allowed for multifamily residential use. It is internally lit and 45 s.f. The sign will have a structural armature behind a plate mounting and will be mounted to the fagade of the building using 4" x''/:" lags into wood blocking that is inside the wall. The second sign is an internally lit canopy sign that is 8.5 s.f. and will be bolted with 3/8-16 hex bolts with lock washers and nuts into an already existing steel awning. The 3' sign is a non -illuminated wall sign that is 32 s.f. It will have a structural raceway behind a plate mounting. It will then be mounted with 4" x''/:" lags into wood blockings inside wall. Commercial/Retail Signs: There will be a total of 14 signs. There will be 3 internally lit tenant canopy signs that will have changeable copy. The 3' canopy sign is nonconforming as there cannot be more than 2 per development. The signs will be 7 s.f. and bolted with 3/28-16 hex bolts with lock washers and nuts into an already existing steel awning. There will be 10 nonconforming blade signs that are 0.5 s.f. and will have changeable copy. They are nonconforming because we have already met the quota of 2 changeable copy signs on a development. For initial installation, there will only be 3 blade signs that will have tenant names, and the remaining signs will not have any copy. The signs without copy will act as light sconces. Once the development acquires more tenants, then the faces of the sconces will change to signs. Each sign/sconce will be installed using %" x 3" lags screwed into lag sleeves which will then be attached to the building's brick fagade. Directional Signs: There will be 10 (non -illuminated) wayfinding signs that will be used for both the commercial and apartment complex use. These signs are nonconforming because they are larger than the maximum size (4 s.f.) and height (48 in.) for free standing directional signs. Each sign is 5.21 s.f. and they will be bolted into the ground with concrete anchors. There will also be 1 internally lit parking blade sign that is nonconforming. It is greater than the maximum size as it is 5.3 s.f. It will be installed with %" x 3" lags that are screwed into lag sleeves, then into the brick wall fagade. Planning Commission 10 CaseNo. WSP-19-02/West End 38 Master Sign Plan EXHIBIT 5: LOT 2 WESTERN FACADE PIM ... gC,mm1,. n Cos, N, WSP 19-02/WlfL d38M tl&g Plm ♦�4le 1W Ir Wh6atRiLd e g TO: CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission Stephanie Stevens WS -19-05 / Horton Subdivision MEETING DATE: August 15, 2019 Request for approval of a two -lot subdivision with variances for lot width and lot size on property zoned Residential -Three (R-3) LOCATION OF REQUEST: 2810-2816 Benton Street APPLICANT (S): OWNER (S): APPROXIMATE AREA: Terrance Horton Terrance and Susan Horton 13,300 square feet (0.30 acres) PRESENT ZONING: Residential -Three (R-3) PRESENT LAND USE: Two single-family homes and carriage house ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) SUBDIVISION REGULATIONS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Locatio 28TH AVE F F Planning Commission 1 Case No. WS -19-05 /Horton Subdivision Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two -lot subdivision with lot width variances to allow the lots to be less than the required minimum of 60 -feet in width, and a lot size variance for the southern Lot 2 to allow the lot to be less than the required minimum of 7,500 square feet in area per R-3 zoning standards. The site is currently comprised of four lots. The applicant is proposing to remove the internal lot lines and split the property into two lots. The purpose of the request is to allow for the two existing single-family homes to be contained on separate lots, with one also encompassing the carriage house which currently functions as a third dwelling unit. Because of the need for variances, the application is being processed as a major subdivision. As such, Planning Commission will make a recommendation to City Council who is the final authority for approval. The purpose of subdivision plat review is to confirm appropriate lot configuration, access, rights-of- way, easements, and utility service to enable future development. II. EXISTING CONDITIONS The properties are located just north of the 28"' Avenue and Benton Street intersection, with frontage along Benton Street and alleyway access along the rear. The site is zoned Residential -Three (R-3), a zone district which provides for high quality, safe, quiet, and stable medium to high-density residential neighborhoods. See Exhibit 1, = for a detail of these boundaries. The subject site is surrounded by other properties with residential zoning and land uses (Exhibit 2, Zoning). Properties to the west, south, and east are zoned R-3 and include single-family homes, duplexes, and a multi -family residential. The properties to the north are zoned Residential -One C (R - 1C) and include single-family homes. The total size of the subject site is 13,300 square feet or 0.30 acres. It is comprised of four lots which were originally established by the Lakeside Resubdivision in 1890, and contains two single-family homes and a carriage house (Exhibit 3, Existing Conditions). The existing homes were built between 1917 and 1970, pre -dating the City's zoning regulations. A converted chicken coop used as a fourth dwelling unit was attached to the carriage house, but has recently been demolished. The structure was not a legal or legally nonconforming dwelling, and as such, demolition was requested by the City. The carriage house is a legally nonconforming dwelling unit and may continue to exist as such under Section 26-120 (nonconforming uses). The R-3 zone district allows up to 12 units per acre, so allowing the carriage house to continue to exist as a dwelling unit is not in violation of the density limits or at odds with current conditions on the property. The purpose of the request is to create legal lots for the two primary single-family homes as they exist today. Because of the history of site, there are several nonconformities, but the subdivision improves and does not increase any of the nonconformities. Planning Commission Case No. WS -19-05 /Horton Subdivision III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 5, Proposed Plat—Horton Subdivision). The first page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; data tables; and standard declarations and notes. Page 2 shows all of the existing easements and right-of-way, as well as proposed lot lines being dedicated and/or established by this plat. Lot Configuration The subdivision plat will result in two lots described as follows: 1) The northern Lot 1 is proposed to be 7,829 square feet in size and 53.56' wide to contain the 1,220 square foot single-family home and carriage house. 2) The southern Lot 2 which is proposed to be 5,471 square feet in size and 46.64' wide to contain the other existing 650 square foot single-family home. The central lot line has been configured to align with the existing fence line and comply with applicable setback requirements. The location of the historic carriage house has driven two angle points in the new lot line to ensure that the carriage house meets the 5' side setback requirement of R-3 zoning. Public Improvements The frontage along Benton Street includes curb, gutter, and a 5 -foot attached sidewalk, and meets the City's minimum standards for local streets. No public improvements will be required. Drainage All grading and drainage on the site is existing and is not proposed to change. Easements and Notes Standard utility easements are provided in the form of an 8' utility easement along the rear (east) lot line. The alley along the rear of the properties has historically been used for public access and is being formalized by this plat as a public alley access, maintenance, and utility easement. IV. VARIANCE REQUEST As mentioned above, lot width variances are being requested to allow the lots to be less than the required minimum of 60 -feet in width, and a lot size variance is requested for the southern Lot 2 to allow the lot to be less than the required minimum of 7,500 square feet in area per R-3 zoning standards as shown in the table below. The dimensions that are subject to the variance requests are identified in bold. Lot Area 7,500 square feet 7,829 square feet 5,471 square feet Lot Width 60 feet 54.56' 46.64' Lot 1 is proposed to be larger because of the current configuration of the existing single-family homes, the need to meet minimum setbacks, as well as the need to maintain minimum size requirements for Planning Commission Case No. WS -19-05 /Horton Subdivision the lot which also encompasses the carriage house. Because the single-family home and carriage house pre -date the City's zoning regulations, the carriage house is considered a legally nonconforming dwelling unit and may continue to exist as such under Section 26-120 (nonconforming uses). Lot 1 complies with the R-3 density limitation (12 units/acre) but the new lot configuration would not allow development of a duplex in the future. Additionally, if the carriage unit is ever intentionally demolished, it would not be allowed to be rebuilt. Section 26-115.C.4 of the municipal code provides subdivision variance criteria for review. The Planning Commission and City Council shall base their decision on the variance request in consideration of the extent to which the request meets a majority of these criteria. Staff provides the following review and analysis. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable — albeit reduced — return in use. The property could continue to function as two single-family residences and a carriage house regardless of the outcome of the variance request, but the homes would not be able to be sold separately. The current configuration is in conflict with R-3 zoning, but is allowed because it pre -dates the City's zoning regulations. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The requested lot width and lot size variances are not expected to alter the character of the locality as the land use is not anticipated to change. The R-3 zone district allows for single- family homes, duplexes, and multi -family residential developments at a maximum density of 12 dwelling units per acre. Surrounding uses include primarily single-family homes, with a few duplexes and multi -family residential developments in the vicinity. The alternative option is to consolidate the property, demolish the existing buildings, and construct a 3 -unit townhome building which would be allowed under R-3 zoning, but this option would be less consistent with the neighborhood character. The applicant has chosen to retain the existing homes to maintain compatibility. The proposed lot sizes are consistent with lot sizes in the area and the reduced width will be imperceptible as compared with other properties in the area. There are no physical changes proposed on the property, so the request is consistent with the existing character. The proposed configuration is consistent with the City's Comprehensive Plan, Envision Wheat Ridge, by protecting the positive attributes of the community's established neighborhoods and by promoting a homeownership opportunity. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant does not intend to make changes to the property at this time. If any new development were to be proposed on the subject site, the lots would need to be re -subdivided Planning Commission Case No. WS -19-05 /Horton Subdivision because the current lot configuration would not allow for any form of development that meets zoning standards. Thus, substantial investment would not be possible without either consolidating the lots or proceeding with a variance. The variance is preferred because it results in a more compatible outcome, but an alternative option does exist. Staff finds this criterion has not been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The shape and size of the property in combination with the location of the existing homes present a unique hardship. The lots are undersized and homes currently cross lot lines, but the size of the property in total makes it impossible to subdivide into more than one lot while meeting zoning regulations. The current lot configuration consists of four lots that are 25' wide and 3,325 square foot in size each. The proposed configuration would allow the owner to retain the existing homes while providing for more orderly subdivision of land by meeting a majority of the development standards of the zone district, including density, setbacks, and size requirements of Lot 1, and formalizing variances as needed. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship described above was not created by the applicant or any person currently having interest in the property. The current owner purchased the property in 1997, long after the site was platted and the existing homes were built. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Because the site is being retained for its historic use, the request would not be detrimental to public welfare and is not expected to injure neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. Even if redevelopment were to be sought at a later date, the proposed lot configuration would only allow for single-family homes to be developed. The request would therefore not increase the congestion in the streets or increase danger of fire or endanger public safety. Staff finds this criterion has been met. Planning Commission 5 Case No. WS -19-05 /Horton Subdivision 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Lakeside Resubdivision was established in 1890 and is bounded by Fenton Street to the west, Sheridan Boulevard to the east, 29"' Avenue to the north, and 28"' Avenue to the south. All lots within the confines of the Lakeside Resubdivision are substandard at 25 feet in width, so this condition is not unique to the property. Staff finds this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single-family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to single- and two-family dwelling units. Staff finds this criterion is not applicable. V. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat 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. City of Wheat Ridge Public Works: The plat and supporting technical documents have been reviewed and approved. City of Wheat Ridge Building Division: No objections to the proposed subdivision. Wheat Ridge Sanitation District: No objections to the proposed subdivision. Noted requirements for providing separate service lines, and applicant has demonstrated that this requirements has been met. West Metro Fire Protection District No objections to the proposed subdivision. Xcel Energy: A utility easement is provided to accommodate existing utilities. No comments were received from Wheat Ridge Water District, Comcast, or Century Link. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. Planning Commission Case No. WS -19-05 /Horton Subdivision V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed subdivision plat with variances to lot size and lot width results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer's expense. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS VARIANCE A motion on the variance must occur prior to a motion of the subdivision plat; for all variance requests, a super majority of the members present is needed to recommend approval of the variance. Option A: "I move to recommend APPROVAL of a 5.4 -foot variance from the lot width requirement for Lot 1, and a 13.36 -foot variance from lot width and 2,029 square foot variance from the lot size requirement for Lot 2 to allow two single-family lots zoned Residential -Three (R-3), for the following reasons: 1. The application is in compliance with the review criteria. 2. The variance would not alter the essential character of the locality. 3. The proposed configuration is consistent with the Comprehensive Plan and other policy documents supported by the city by protecting the positive attributes of the community's established neighborhoods and promoting home ownership opportunities. 4. Special conditions exist which result in a particular and unique hardship. 5. The proposed lot layout is logical and enables the site to be retained for its historic use. 6. The request would not be detrimental to public safety or welfare. Option B: "I move to recommend DENIAL of a 5.4 -foot variance from the lot width requirement for Lot 1, and a 13.36 -foot variance from lot width and 2,029 square foot variance from the lot size requirement for Lot 2 to allow two single-family lots zoned Residential -Three (R-3), for the following reasons: SUBDIVISION Option A: "I move to recommend APPROVAL of Case No. WS- 19-05, a request for approval of a two -lot subdivision plat on property zoned Residential -Three (R-3) and located at 2810 and 2816 Benton Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. Option B: "I move to recommend DENIAL of Case No. WS -19-05, a request for approval of a two -lot subdivision plat on property zoned Residential -Three (R-3) and located at 2810 and 2816 Benton Street, for the following reasons: 1. 2.... Planning Commission Case No. WS -19-05 /Horton Subdivision EXHIBIT 1: AERIAL r ; . IZ Z Q p� ' f"-OAL Ilk The subject property is outlined in red. This 2018 aerial shows the recently demolished converted chicken coop that was attached to the carriage house located along the rear (east side) of the property. Panning commission 8 Case No. WS-19-05/Horton Subdivision EXHIBIT 2: ZONING Clio i QA8 =A" Gb3 i; f349 L248 �! a;znxnve G .-rove r� Ili •VE Planning Coma mon 9 Cate No. W IP 051 Horton Subdr000n EXHIBIT 3: EXISTING CONDITIONS [see attached] Planning Commission 10 Case No. WS -19-05 /Horton Subdivision HORTON SUBDIVISION - FILING No. 1 (EXISTING CONDITIONS PLAN) A REPLAT OF LOTS 22 THROUGH 25 INCLUSIVE OF BLOCK 2 OF RESUBDIVISION OF BLOCKS 1 TO 7, LAKESIDE, LYING WITHIN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO of WH fqr FOUND 3-1/4" DIAM. ALUM. CAP IN RANGE S 13 Pia BOX, MARKED AS SHOWN (ACCEPTED AS C 1/4 2 ,P R69W ��^ COR OF SEC 25, T. 3S, R. 59W) C 1/4 • SEC 25 CITY OF WHEAT RIDGE POINT 16909: Z,, 19860\4� CITY OF WHEAT RIDGE DATUM: TO SFr MoN�� N 703194.0624 E 123740.4785 30.00' c/L s 1/15 OCR SEC 25 T3S R69W 2003 ITS 9655 FOUND 3-1/4" DIAM. ALUM. CAP IN RANGE BOX, MARKED AS SHOWN (ACCEPTED AS C -S 1/16 COR OF SEC 25, T 3S, R. 69W) I I 30' I I o- a ^I o l o hl 116 DSEC� FOUND 2-1/2" DIAM. ALUM. CAPIN RANGE BOX, MARKED AS SHOWN (ACCEPTED AS S 1/4 COR OF SEC 25, T. 3S., R. 69W.) CITY OF WHEAT RIDGE POINT 169819: CITY OF WHEAT RIDGE DATUM: N 7700556.4179 A E 123755.1565 — — x x GATE x x Ln x N89 4142E 2645.71(M)(R) NORTH LINE OF THE SE 1/4 OF SEC 25, T. 3S., R. 69W., 6th P.M. FOUND f/5 REBAR & 1-1/4" DIAM. ILLEGIBLE YELLOW PLASTIC CAP (2.95' N. & 1.71' W. OF RECORD POSITION) x 2.28' X x CITY OF WHEAT RIDGE DATUM: N 701376.5077 E 125774.6473 FOUND f/4 DEBAR, NO CAP (2.82' N. & 1.69' W. OF RECORD POSITION) EXISTING WOOD -FRAMED HOUSE ZONED R -1C x x x N89040WIF-_--L7.3 li SHED II I ------- LOT 1 7. (0.1797 ac.) ZONED R-3 NEW LOT LINES EXISTING WOOD -FRAMED HOUSE x LOT 2 5,471 s.f. (0.1256 ac.) ZONED R-3 x x W. 28th AVENUE 60' wide Public right-of-way _ _ _ _ _ — SOUTH LINE OF THESE 1 4 OF SEC 25, T. 3_S., R. 69W., 6th P.M. S89 40 b3""W 2646.15 (M)(R) BASIS OF BEARINGS EXISTING WOOD -FRAMED CARRAIGE HOUSE I �I N89'40'53"E o 52.93' I I L---, EXISTING CARRIAGE I HOUSE PORTION TO BE DEMOLISHED I I I I I I I I I I L--------� FOUND 3-1/4" DIAM. ALUM. CAP IN RANGE ae�kg6 25�9� BOX, MARKED AS SHOWN (ACCEPTED AS E 114 a v COR OF SEC 25, L 3S., R. 69W) CITY OF WHEAT RIDGE g POINT 16901: A 2001 CITY OF WHEAT RIDGE DATUM: S 8.29°� ! N 703208.1502 E 126386.1507 CONCRETE APRON CITY OF WHEAT RIDGE DATUM: N 701377.2475 E 125907.6452 ND 3-1/4" DIAM. ALUM. CAI BOX, MARKED AS SHOWN (ACCEPTED AS CITY OF WHEAT RIDGE POINT 16973: CITY OF WHEAT RIDGE DATUM: N 700571.7687 E 126401.2737 TH 75S3C 36i S31 2006 -, I 6 i LEGEND OF SYMBOLS & ABBREVIATIONS 0 MONUMENT FOUND, AS NOTED ACREAGE SET REBAR & 1-1/2' DIAMETER YELLOW Q PLASTIC CAP, PLS 37929, TYPICAL UNLESS 2 NOTED OTHERWISE (C) CALCULATED (M) MEASURED 16 LOT NUMBER (R) RECORD EXISTING RECORD EASEMENT LINE NEW EASEMENT GRANTED BY THIS PLAT (DIMENSIONED IN J BRACKETS) NEW LOT LINE HEREBY CREATED BY THIS PLAT ADJOINING PARCEL OR LOT LINE CENTER LINE — — PUBLIC LANDS SURVEY SECTION LINE PLAT BOUNDARY LIMITS LOT DATA TABLE LOT No. SQ. FT. ACREAGE 1 7,829 s.f. 0.1797 ac. 2 5,471 s.f. 0.1256 ac. TOTAL 13,300 s.f. 0.3053 ac. 1V SCALE: 10 10' 10' 0 5' 10' EXHIBIT 4: VARIANCE REQUEST [see attached] Planning Commission 11 Case No. WS -19-05 /Horton Subdivision August 5, 2019 City of Wheat Ridge Planning Division SUBJECT: Variance Letter Case Number WS -19-05 / Horton Subdivision 2810-2916 Benton Street Wheat Ridge, CO 80214 To Whom It May Concern: I believe we are meeting the criteria in Section 26-115.C.4 because most conditions are already existing, and we are not changing anything except adding fencing along the new property lines. The only thing we are asking is to change the interior lot lines so that we can separate the home and the rear carriage house on 2816 from the 2810 property while maintaining the 5' setback around the carriage house. There is currently a full fence on the north side of the property and a partial fence on the south side which will be extended to the alley. Separating the houses with a fence along the new property line and creating the potential to sell one of the single-family homes will not increase the number of residents able to comfortably live there nor increase cars or traffic. Sincerely, Terry L Horton 303-515-0808 Owner EXHIBIT 5: PROPOSED PLAT- HORTON SUBDIVISION [see attached] Planning Commission 12 Case No. WS -19-05 /Horton Subdivision OWNER'S CERTIFICATE WE, TERRANCE I. NORTON AND SUSAN HORTON, BEING THE OWNERS OF REAL PROPERTY CONTAINING 0.4660 ACRES DESCRIBED AS FOLLOWS ALL OF LOTS 22, 2J, 24 AND 25, INCLUSIVE, BLOCK 2, RESUBDIVISION OF BLOCKS 1 TO 7 AND THE NORTH 1/2 OF BLOCK 8, LAKESIDE, COUNTY OF JEFFERSON, STATE OF COLORADO, LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 67H PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOL L 0WS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE 1/4), FROM WHENCE THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE 1/4) BEARS SOUTH 89"40'03" WEST A DISTANCE OF 2645.15 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO, THENCE NORTH 3130'06" WEST, 944.70 FEET TO THE SOUTHEAST CORNER OF SAID LOT 22, AND BEING THE POINT OF BEGINNING, THENCE ALONG THE SOUTH LINE OF SAID LOT 22, SOUTH 89"40'53" WEST, 13300 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22, AND ALSO BEING ON THE WEST LINE OF SAID BLOCK 2, THENCE ALONG SAID WEST LINE, NORTH 00'1943" WEST, 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 25, THENCE LEAVING SAID WEST LINE OF SAID BLOCK 2, ALONG THE NORTH LINE OF SAID LOT 25, NORTH 89'40'53" EAST, 13300 FEET TO THE NORTHEAST CORNER OF SAID LOT 25, THENCE ALONG THE EAST LINE OF SAID LOTS 25, 24, 23 AND 22 /NCLUSIUE, SOUTH 00'1943" EAST, 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 13,300 SQUARE FEET OR 0.3053 ACRES OF LAND, MORE OR LESS. HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF 'NORTON SUBDIVISION — FILING No. 1'; A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT—OF—WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. TERRANCE L HORTON DATE SUSAN HORTON DATE NOTARY ACKNOWLEDGMENTS STA TE OF ) SS. COUNTY OF ) THE FOREGOING CER TIFICA TE OF DEDICA TION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DA Y OF 20BY TERRANCE I. HORTON. NOTARY PUBLIC MY COMMISSION EXPIRES: ADDRESS OF NOTARY. STA TE OF ) SS. COUNTY OF ) THE FOREGOING CERTIFICA TE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DA Y OF 20___, BY SUSAN HORTON. NOTARY PUBLIC MY COMMISSION EXPIRES: ADDRESS OF NOTARY DEED OF TRUST HOLDER THE UNDERSIGNED, AS LEGAL HOLDER OF THE DEED OF TRUST RECORDED ON JULY 29, 2015 AT RECEPTION NUMBER 2075079088, OF THE RECORDS OF THE JEFFERSON COUNTY COLORADO CLERK & RECORDER, HEREBY CONSENTS TO THE WITHIN PLAT. SIGNED THIS DA Y OF _ 20— FOR 0— .FOR: MFRS (MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC) B Y. PRINTED NAME AND TITLE NOTARY ACKNOWLEDGMENT STA TE OF ) ) SS. COUNTY OF ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20 BY NOTARY PUBLIC MY COMMISSION EXPIRES: ADDRESS OF NOTARY NORTON SUBDIVISION -FILING NO.1 A REPLAT OF LOTS 22 THROUGH 25 INCLUSIVE OF BLOCK 2 OF RESUBDIVISION OF BLOCKS 1 TO 7 AND THE NORTH HALF OF BLOCK 8, LAKESIDE, LYING WITHIN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 1 OF 2 Scale: i'=z000' SHEET INDEX 1 COVER SHEET 2 MAP SHEET PLANNING COMMISSION CERTIFICATION RECOMMENDED FOR APPROVAL THIS --— DAY OF COMMISSION. CHAIRPERSON CITY CERTIFICATION APPROVED THIS DAY OF A TTEST CITY CLERK COMMUNITY DEVELOPMENT DIRECTOR DIRECTOR OF PUBLIC WORKS BASIS OF BEARINGS Case History WS -19-05 GENERAL NOTES 1. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DA TE OF THE CERTIFICA TION SHOWN HEREON. 2. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY POWER SURVEYING CO., INC. FOR INFORMATION REGARDING BOUNDARY, EASEMENTS AND TITLE, POWER SURVEYING CO., INC. RELIED UPON THE FOLLOWING TITLE COMMITMENT ISSUED BY FIDELITY NATIONAL TITLE COMPANY. COMMITMENT No. F0632967-122—LF, WITH AN EFFECRIE DATE OF MARCH 12, 2019. 3 FLOOD ZONE DESIGNATION: THE SUBJECT PROPERTY LIES ENTIRELY WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.29 PERCENT ANNUAL CHANCE FLOODPLAIN), AS SHOWN ON FEMA FI.R.M. MAP #08059 C 0218F, WITH AN EFFECT UE DATE OF FEBRUARY 5, 2014. 4. FIELD SURVEY COMPLETION DATE APRIL 12, 2019. 5. THE SUBJECT PROPERTY CONTAINS +13,300 TOTAL SQUARE FEET OR +0.3053 ACRES OF LAND. 6. ALL DISTANCES FOR THIS PLA T ARE SHOWN USING (GROUND) MODIFIED STA TE PLANE MEASUREMENTS (US SURVEY FEET ROUNDED TO THE NEAREST 0.01 J CONSISTENT WITH THE CURRENT CITY DATUM. o. THE CURRENT CITY DATUM COORDINATE SYSTEM USED IS A GROUND—BASED MODIFIED FORM OF THE NAD83/92 STATE PLANE COORDINA TE SYSTEM, COLORADO CENTRAL ZONE 0502. b. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NA A988). c. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780J00, SCALED FROM BASE POINT PHA C7 (PERMANENT HIGH ACCURACY CONTROL PO/NT JI) HAV/NG THE FOLLOW/NG NAD83192 STATE PLANE COORDINA TES PHACI:NORTHING: 1701258.75, FASTING: 311821758, ELEVATION: 5471.62 FEET 7 UTILITY EASEMENTS EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY AS SHOWN ON THE PLAT. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS 8. THE OWNER AND HIS SUCCESSORS AND ASSIGNS HEREBY GRANTS LIMITED RIGHTS AND PRIVILEGES TO ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS INDICATED AS 'EMERGENCY ACCESS, PRIVATE ACCESS AND UTILITY EASEMENT" AS SHOWN ON THIS PLAT SUCH GRANT OF EASEMENT SHALL BE LIMITED TO THE OWNERS, TENANTS, CUSTOMERS AND GUESTS OF THE OWNERS AND SHALL FURTHERMORE GRANT EMERGENCY VEHICULAR ACCESS AND THE PLACEMENT AND MAINTENANCE OF UTILITIES. 9. VARIANCES FOR LOT WIDTH AND LOT AREA PER R-3 ZONING STANDARDS HAVE BEEN REQUESTED. 10. PUBLIC ALLEY ACCESS, MAINTENANCE, AND UTILITY EASEMENT.THE OWNER(S), SUCCESSORS, AND ASSIGNS HEREBY GRANTS FREE MOVEMENT AND PUBLIC VEHICULAR, PEDESTRIAN, AND EMERGENCY ACCESS TO AND THROUGH THOSE AREAS INDICATED AS PUBLIC ALLEY EASEMENT; AS ILLUSTRATED ON THIS PLAT. MAINTENANCE OF THE ROADWAY AND ITS APPURTENANCES, INCLUDING STORMWATER DRAINAGE, WITHIN THE PUBLIC ALLEY EASEMENT SHALL BE THE RESPONSIBILITY OF THE CITY OF WHEAT RIDGE ("CITY'. UTILITIES L YING WITHIN OR ACROSS SAID PUBLIC ALLEY EASEMENT SHALL REMAIN THE SOLE RESPONSIBILITY OF THE INDIVIDUAL DISTRICT TO WHICH THE UTILITY BELONGS, OR AS STATED IN CHAPTER 15, "UTILITIES AND FRANCHISES OF THE CITY MUNICIPAL CODE OF LAWS. " SURVEYOR'S NOTE 'PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. " SURVEYOR'S CERTIFICATE 20 — BY THE WHEAT RIDGE PLANNING / RICHARD B. GABRIEL, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF 'NORTON SUBDIVISION — FILING No. 1" WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. 20 BY THE WHEAT RIDGE CITY COUNCIL. MA YOR SOUTH 89"40'03" WEST, BEING THE BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS DEFINED AND MEASURED BETWEEN THE MONUMENTS FOUND AND SHOWN HEREON. STATEMENT OF ACCURACY THE GEODETIC POINT COORDINATE DATA SHOWN HE HAS BEEN DERIVED FROM THE NAD 83 DARN STATE PLANE COLORADO CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.07 US SURVEY FEET AT THE 959 CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPA RAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC—STD-0072-1998). RICHARD B. GABRIEL, P.L.S. COLORADO LICENSE NO. 37929 FOR AND ON BEHALF OF POWER SURVEYING COMPANY, INC. 720 W. 84 TH A VENUE, UNIT 240 THORNTON, CO 80260 (303) 702-1617 www.powersurveying. com COUNTY CLERK AND RECORDER'S CERTIFICATE ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO THIS DAY OF — 20----. JEFFERSON COUNTY CLERK AND RECORDER IN DEPUTY CLERK W �W 04Y J YY 00 000 mm LL LL Y00 OZN .j m F5 _ _ F- 00 - 00 m =W W� Q o— — — — — — — — oF WHEAT FOUND 3-1/4" DIAM. ALUM. CAP IN RANGE S 132 Aga BOX, MARKED AS SHOWN (ACCEPTED AS C 114 T3S R69W `^ COR OF SEC 25, Z 3S., R. 69W.) C 1/4 • SEC 25 CITY OF WHEAT RIDGE POINT 16909: 1986Q\4� CITY OF WHEAT RIDGE DATUM: M0oN 703194.0624 E 123740.4785 30.00' _ 30' W13 ao MONUMENT FOUND, AS NOTED W SET REBAR & 1-1/2" DIAMETER YELLOW O• ENO P`^ r4ftW (C) CALCULATED (M) y- 16 z-4 o� (R) RECORD EXISTING RECORD EASEMENT LINE d NEW EASEMENT LINE (DIMENSIONED IN BRACKETS J ) 00 W PC �� � (Lot 17, V o Block 2) — — M 000 PLAT BOUNDARY LIMITS mm Y00 I r c/L s1111 caR SEC 25 • T3S R69W 2003 S 9655 FOUND 3-1/4" DIAM. ALUM. CAP O IN RANGE BOX, MARKED AS SHOWN (ACCEPTED AS C -S 1/16 COR OF SEC 25, T. 35., R. 69W.) HORTON SUBDIVISION - FILING NO. 1 A REPLAT OF LOTS 22 THROUGH 25 INCLUSIVE OF BLOCK 2 OF RESUBDIVISION OF BLOCKS 1 TO 7 AND THE NORTH HALF OF BLOCK 8, LAKESIDE, LYING WITHIN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OF 2 N89 4142E 2645.71(M)(R) NORTH LINE OF THE SE 1/4 OF SEC 25, T. 3S., R. 69W., 6th P.M. FOUND #5 REBAR & 1-1/4" DIAM. ILLEGIBLE YELLOW PLASTIC CAP (295' N. & 1. 71 ' W OF RECORD POSITION) EXISTING LOT LINE HEREBY REMOVED BY THIS PLAT EXISTING LOT LINE HEREBY REMOVED BY THIS PLAT EXISTING LOT LINE HEREBY REMOVED BY THIS PLAT N89040'53NE 133. LOT 1 7,829 s.f. ((.1797 ac.) ZONED R-3 LOT 2 5,471 s.f. (0.1256 ac.) ZONED R-3 S89040'MwW 133.00 (Lot 26, Block 2) 8' WIDE PUBLIC ALLEY ACCESS, MAINTENANCE AND UTILITY EASEMENT HEREBY GRANTED BY THIS PLAT (Lot 25, Block 2) (Lot 24, Block 2) LOT LINES HEREBY CREATED BY THIS PLAT \ (Lot 23, Block 2) 8WIDE PUBLIC ALLEY ACCESS, MAINTENANCE AND UTILITY EASEMENT HEREBY GRANTED BY THIS PLAT (Lot 22, Block 2) FOUND 3-1/4" DIAM. ALUM. CAP IN RANGE OF i � BOX, MARKED AS SHOWN (ACCEPTED AS E 1/4a'96.253j COR OF SEC 25, T. 3S, R. 59W.) CITY OF WHEAT RIDGE POINT 16901: A 2001 CITY OF WHEAT RIDGE DATUM: S vo.29k� N 703208.1502 E 126386.1507 (Lot 15, Block 2) tI 0 (Lot 16, Block 2) MONUMENT FOUND, AS NOTED W SET REBAR & 1-1/2" DIAMETER YELLOW O• PLASTIC CAP, PLS 97929, TYPICAL UNLESS 2 r4ftW (C) CALCULATED (M) y- 16 0 (R) RECORD EXISTING RECORD EASEMENT LINE NEW EASEMENT LINE (DIMENSIONED IN BRACKETS J ) 00 EXISTING PLATTED LOT LINE Y Y (Lot 17, V V Block 2) — — PUBLIC LANDS SURI FY SECTION LINE 000 PLAT BOUNDARY LIMITS mm Y00 LL LL 0ZN .j0� m � _ (Lot 18, Block 2) > F- a m Z I.V Z Q (Lot 19, Block 2) POINT OF BEGINNING i Cn �IN W IN i rl ZONED R-3 '� z ylc�`�l FOUND Jf4 REBAR, NO CAP (Lot 21, Block 2) b o (Lot 20, Block 2) (2. W 82' N. & 1.69' OF rn5 6 RECORD POSITION) "y ,S" 3 pa X61 O I I FOUND 2-1/2" DIAM. ALUM. CAP IN RANGE BOX, MARKED AS SHOWN (ACCEPTED AS S 1/4 COR OF SEC 25, T 3S, R. 69W) CITY OF WHEAT RIDGE POINT 16981: CITY OF WHEAT RIDGE DATUM: N 7700556.4179 E 123755.1565 Lat: N39°45'17.52263" Long: W105°03'45.52263" Wo 28th AVENUE 60' wide Public right-of-way SOUTH LINE OF THESE 1 4 OF SEC 25, T. 3S., R. 69W., 6th P.M. S89 '4010 "W 2646.15 (M)(R) BASIS OF BEARINGS POINT OF COMMENCEMENT FOUND 3-1/4" DIAM. ALUM. CAP IN RANGE BOX, MARKED AS SHOWN (ACCEPTED AS SOUTHEAST COR OF SEC 25, T 3S, R. 69W.) CITY OF WHEAT RIDGE POINT 16973: CITY OF WHEAT RIDGE DATUM: N 700571.7687 E 126401.2737 Lat: N39°45'17.45848" Long: W105°03'11.64979" LEGEND OF SYMBOLS & ABBREVIATIONS O MONUMENT FOUND, AS NOTED ACREAGE SET REBAR & 1-1/2" DIAMETER YELLOW O• PLASTIC CAP, PLS 97929, TYPICAL UNLESS 2 NOTED OTHERWISE (C) CALCULATED (M) MEASURED 16 LOT NUMBER (R) RECORD EXISTING RECORD EASEMENT LINE NEW EASEMENT LINE (DIMENSIONED IN BRACKETS J ) EXISTING PLATTED LOT LINE NEW L O T LINE HERES Y CRIER TED BY THIS PLA T ADJOINING PARCEL OR LOT LINE CENTER LINE — — PUBLIC LANDS SURI FY SECTION LINE PLAT BOUNDARY LIMITS LOT DATA TABLE LOT No. SQ. FT. ACREAGE 1 7,829 s.f. 0.1797 ac. 2 5,471 s.f. 0.1256 ac. TOTAL 13,300 s.f. 0.3053 ac. SCALE: 10 m 10' 10' 0 5' 10' City of Wheatpge PLANNING COMMISSION CoM umw DMWPMfNT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: August 15, 2019 TITLE: AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOODPLAIN CONTROL (CASE NO. ZOA-19-02) ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Mark Westberg, Floodplain Administrator Date of Preparation: August 7, 2019 SUMMARY: The attached ordinance proposes amending Article VIII (Floodplain Control) of Chapter 26 of the Wheat Ridge Code of Laws. Because this is an amendment to the zoning code, Planning Commission will be making a recommendation to City Council on the legislation. The revision addresses adopting the flood hazard areas identified on the Sloan's Lake Flood Hazard Delineation Map (FHAD) as a Local Flood Hazard Area (LFHD) The Colorado Water Conservation Board (CWCB) has designated the updated FHAD for the Sloan's Lake Basin as a State floodplain map. The Mile High Flood District (MHFD, formerly Urban Drainage and Flood Control District) will be adopting the FHAD at its August 15 Board meeting. The City can now adopt the FHAD as a LFHA. Notice for this public hearing was provided as required by the Code of Laws. The Sloan's Lake Basin is the watershed extending upstream and downstream from Sloan's Lake, see Attachment 1. The southeast comer of Wheat Ridge, approximately 500 acres is included in the watershed (shown in purple on Attachment 2). Along two tributaries in the City, low-lying areas and structures are prone to potential flooding during storm events. In 2018, MHFD, along with the Cities of Wheat Ridge, Lakewood, and Edgewater and the City and County of Denver, completed updates to the FHAD and master plan, which were originally done in 1977. Many changes within the watershed and in floodplain modeling have occurred since 1977, so the previous FHAD and master plan did not accurately reflect current conditions. Having an updated FHAD and master plan provide better guidance to minimize damage from flooding. This is done by properly planning potential improvements, both public and private, and effectively regulating identified flood prone areas. ZOA-I9-XX / Sloan's Lake FHAD Adoption The first step in the update process was to remodel the hydrology, which determines the peak flows at various locations in the watershed. The hydrology update incorporated the modeling changes as well as the land use changes within the watershed. The next step was to update the hydraulics based on the many stormwater improvements that had been implemented by all of the jurisdictions from the 1977 master plan. This information, as well as more accurate and updated topography were then used to update the FHAD. The study then evaluated several possible improvements that could be done within the watershed to further minimize damage due to flooding. Consideration was given to costs, existing and proposed land use, existing and proposed drainage systems, known drainage or flooding problems, known or anticipated erosion problems, and right-of-way needs. The resulting master plan can be utilized to plan future improvements, including the locations, alignments, and sizing of storm sewers, channels, and detention/retention basins, and other facilities and appurtenances needed to provide efficient stormwater management for the watershed. No new projects were identified in the updated master plan within the City of Wheat Ridge. This is largely due to the fact that all of the storm sewer projects that were recommended in the 1977 master plan had been completed by the City. In addition, the 20' Avenue storm sewer project that was completed a few years ago largely mitigated the known minor flooding issues in the southeast portion of the City. That project utilized an abandoned water main in 29"' Avenue and the new detention pond at the Richards -Hart Estate to reduce the flooding that was occurring south of 29"' Avenue east of Fenton Street. Sloan's Lake FHAD Adoption Options Even though a FHAD has existed for the Sloan's Lake Basin since 1977, the City has not regulated the flood prone areas because they were not included as a federally regulated Special Flood Hazard Area (SFHA), like the floodplains along Clear Creek and Lena Gulch. Cities can choose to regulate flood hazard areas outside of the SFHA and many local jurisdictions do. During recent evaluations of the City's floodplain program, staff explored the option of regulating the flood hazard areas identified in the 1977 FHAD, but realized that those areas did not accurately reflect the current state of development. With an updated FHAD that more accurately represents the flood hazards, the City can now choose to regulate those areas as a LFHA, see Attachment 3 for the limits of the proposed LFHA and the affected buildings. At the November 19, 2018 Council study session, the following three options were presented to Council: 1. No Action — The City could continue to regulate the identified flood hazard areas the same as other non -federally regulated SFHA, so no flood related regulation. 2. Adopt FHAD as a LFHA — The City could choose to regulate the identified flood hazard areas the same as the flood hazard areas on the SFHA, but without the insurance requirements of a SFHA. 3. Adopt FHAD as a SFHA — The City could choose to have the identified flood hazard areas added to the SFHA, including the mandatory insurance requirements. ZOA-19-02 /Sloan's Lake LFHA After discussion of the three options, Council directed staff to proceed with option 2, adopting the FHAD as a LFHA. At the August 5, 2019 Council study session, Council reaffirmed the direction to proceed with option 2. The implications of this option are described below: Flood Hazard Notification Notification of the potential for flooding is an important component of a well-managed floodplain program. Properties on a FHAD and SFHA receive an annual mailing from MHFD that warns them that they are within an area of potential flooding. As a part of its public outreach, the City also does an annual mailing to all properties in a SFHA. With the FHAD adopted as a LFHA, the City mailing will be expanded to include the areas identified in the LFHA. In addition, the State and City will require that sellers notify buyers during real estate transactions of the flood risk. However, with the FHAD not being in the SFHA, federal notification of flood risk would not occur. Flood Insurance Requirement Properties in a SFHA are required to purchase flood insurance if they have a federally backed loan. For all other properties, the flood insurance is voluntary and much less expensive. While often seen as a burden and an unwanted expense, flood insurance provides important coverage for damage that is caused by flooding. With the FHAD adopted as a LFHA, property owners and tenants would be advised of the risk and could then purchase voluntary flood insurance. Flood Insurance Rates Flood insurance rates for properties that are not in a SFHA are typically around $500 annually since the properties are seen as low risk of flooding and receive a preferred risk rate. This would be the case if the FHAD is adopted as an LFHA. Floodplain Regulations The purpose of the City's floodplain regulations is to decrease the risk of flood damage to or caused by improvements that are proposed by property owners. Properties that are included in a LFHA would receive the additional protections resulting from being subject to the City's floodplain regulations. This would include requirements like raising the lowest floor at least one foot above the base flood elevation (BFE), using flood resistant materials, and anchoring. Public Outreach A neighborhood meeting was held on July 31, 2019 to notify the residents of the changes that will occur with the potential adoption of the FHAD as a LFHA. During the neighborhood meeting, the residents were notified of the adoption process, including the public hearings. Postcards were mailed to all owners and tenants with properties that will be added to the floodplain. The meeting was attended by around 10% of the notified properties. Most of the attendees were receptive to the adoption of the LFHA. Schedule for Adoption Since the process requires a series of legislative stages, staff is following the schedule below for making revisions to the floodplain ordinance to adopt the identified flood hazard areas as a LFHA: ZOA-19-02 /Sloan's Lake LFHA • September 9, 2019 —CC Meeting — 1' reading • October 14, 2019 —CC Meeting— 2°d reading RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article VIII of Chapter 26 concerning Floodplain Control to adopt the flood hazard areas shown on the Sloan's Lake FHAD as a Local Flood Hazard Area. Exhibits: 1. Proposed Ordinance 2. Sloan's Lake Watershed Map 3. Wheat Ridge Insurable Structures in the Floodplain ZOA-19-02 /Sloan's Lake LFHA CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER XX Council Bill No. XX Ordinance No. Series of 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS TO ADD FLOODPLAINS IN THE SLOAN'S LAKE WATERSHED TO THE CITY'S FLOODPLAIN MAPS AS A LOCAL FLOOD HAZARD AREA WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-301(1), the City, acting through its City Council (the "Council"), is authorized to adopt rules and regulations concerning the location, construction, occupancy and use of buildings and structures on and along any storm or floodwater runoff channel or basin; and WHEREAS, under such authority, the Council previously adopted floodplain regulations, codified as Article VIII of Chapter 26 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, On March 5, 2019, the Colorado Water Conservation Board (CWCB) adopted the Sloan's Lake Flood Hazard Area Delineation (FHAD) as a State floodplain map; and WHEREAS, the Council desires to amend a section of said Article VIII to adopt the flood hazard areas shown on the Sloan's Lake FHAD as a Local Flood Hazard Area (LFHA). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Paragraph G of Subsection 26-803 of the Code, concerning official maps and engineering reports, is hereby amended by the addition of a new subparagraph, to read in its entirety as follows: The location and boundaries of the LFHA shall be as shown in the following engineering reports and accompanying maps: 2. Sloan's Lake FHAD dated July 2018 for portions of the City of Wheat Ridge. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of X to X on this 9'h day of September, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 14, 2019, 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 2019. SIGNED by the Mayor on this day of 2019. ATTEST: Janelle Shaver, City Clerk First Publication: October XX, 2019 Second Publication: Wheat Ridge Transcript Effective Date: Bud Starker, Mayor Approved As To Form Gerald E. 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CD T M A, _ City of Wheatl i�dge PLANNING COMMISSION COMMUN=DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: August 15, 2019 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS CONCERNING THE RIGHT OF PROTEST PROCEDURE FOR REZONING DECISIONS CASE NO. ZOA-19-03 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Lauren Mikulak Date of Preparation: August 6, 2019 SUMMARY: The City's zoning code outlines the review process for rezoning actions, and the code and City charter dictate that zone change requests must be approved by ordinance. The charter also includes a provision allowing for a protest to be filed against a zone change request. If a protest is received, the rezoning ordinance must be approved by a 3/a vote of the entire Council (6 votes). The purpose of this code amendment is to clarify the protest procedure for rezoning decisions and to enact a delay in the public hearing in the event a protest is received. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: The City's zoning code outlines the procedures for three types of zone change actions: a private rezoning request (Section 26-112), a City -initiated zone change request (Section 26-113), and a zone change request to a planned development through approval of an outline development plan (Section 26-303). Each of these rezoning requests is required to be approved by ordinance subsequent to a public hearing, and per Charter all ordinances require five positive votes from Council for approval (Charter Section 5.9). The Charter goes on to provide in Section 5.10 that a protest may be filed against a zone change request by property owners in the area. The property area requirements are: • 20% or more of property owners included within the property subject to a zone change; or • 20% or more of property owners immediately adjacent to the rear or any side of the subject property extending 100 feet; or • 20% or more of property owners directly opposite the street extending 100 feet from the street frontage opposite the subject property. In the event a protest is received that meets one of these three area requirements, the rezoning ordinance must receive a 3/a vote of the entire Council (6 votes) for passage. The Charter requires the written protest to be submitted to the City Council "no later than the hearing on the proposed amendment." While occasionally written protests are received prior to the public hearing, they can be submitted during the hearing so long as it is received before the public hearing is closed. In recent years, protests have most often been received on the day of a hearing or at the start of the hearing. Proposed Code Amendment On July 1, 2019, City Council discussed the issue at a study session and directed staff to draft an ordinance that would amend the code to clarify the procedural mandate of the City Charter. While Council may not change in any way the right to file a protest, the area requirements, or the deadline for receiving a protest; Council can and has adopted code amendments to clarify Charter provisions. hi this case, the proposed code amendment does the following: • Specifies staff's obligation to confirm the protest meets the ownership and area requirements of the charter, • Clarifies and graphically illustrates the area requirements of the charter, • Obligates Council to continue the public hearing to a future meeting if a protest is validated, and • Clarifies the process by which a protest may be rescinded. Because the right of protest only affects the voting requirements of City Council, this amendment has no impact on the public hearing process of the Planning Commission. Next Steps All code amendments of Chapter 26 are reviewed by both the Planning Commission and City Council. This amendment is scheduled for a first reading at City Council on August 26 and a public hearing at City Council on September 9. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the right of protest procedure for rezoning decisions." Exhibits: 1. Proposed Ordinance ZOA-19-03 /Protest Procedure CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series 2019 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING PROCEDURES FOR PROTESTS UNDER SECTION 5.10 OF THE HOME RULE CHARTER WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 26 of the Wheat Ridge Code of Laws (the "Code") concerning zoning and development; and WHEREAS, Section 5.10 of the Home Rule Charter provides for the filing of protests by adjacent property owners concerning amendments to the restrictions and boundaries of zone districts; and WHEREAS, The Council wishes to provide for procedures to implement Charter Section 5.10, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-112.C.7 of the Code of Laws is amended to read: 7. In the event of a legal protest against such change of zone, under the procedure set forth in section 5-10 of the home rule charter, a zone change shall not be approved except by the favorable vote of three-fourths (%) of the entire city council. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning ordinance. THE PROCEDURE SHALL BE AS FOLLOWS: a. THE COMMUNITY DEVELOPMENT STAFF SHALL REVIEW THE PROTEST TO CONFIRM THE SIGNERS THEREOF AS OWNERS OF THE REQUIRED PROPERTY AND ITS COMPLIANCE WITH THE PROPERTY AREA REQUIREMENTS OF CHARTER 5.10. b. IF NECESSARY, THE MAYOR SHALL DECLARE A RECESS OR ASK THAT THE HEARING BE CONTINUED TO ENABLE THE COMMUNITY DEVELOPMENT STAFF TO PERFORM THEIR REVIEW. c. IF THE COMMUNITY DEVELOPMENT STAFF DETERMINES THE PROTEST DOES NOT MEET THE OWNER OR AREA REQUIREMENTS OF CHARTER 5.10, NO FURTHER ACTION SHALL BE TAKEN, THE HEARING MAY BE CONDUCTED AND CLOSED, AND THE COUNCIL MAY ACT WITHOUT THE % MAJORITY VOTING REQUIREMENT. d. IF THE COMMUNITY DEVELOPMENT STAFF DETERMINES THE PROTEST MEETS THE OWNER AND AREA REQUIREMENTS OF CHARTER 5.10, THE COUNCIL SHALL ACT TO CONTINUE THE HEARING TO THE NEXT REGULAR OR SPECIAL MEETING OF THE COUNCIL, AT WHICH ANY ADDITIONAL TESTIMONY MAY BE TAKEN. UPON THE CLOSE OF THE HEARING, THE COUNCIL MAY ACT, SUBJECT TO THE % MAJORITY REQUIREMENT OF CHARTER 5.10. e. THE PROTEST AREA AND OWNER REQUIREMENTS OF CHARTER 5.10, WHICH PROVIDE, IN PERTINENT PART: IN THE EVENT OFA PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF TWENTY (20) PERCENT OR MORE OF THE AREA: (1) OF THE PROPERTY INCLUDED WITHIN THE PROPOSED CHANGE; OR, (2) OF THOSE IMMEDIATELYADJACENT TO THE REAR OR ANY SIDE OF THE PROPERTY, EXTENDING ONE HUNDRED (100) FEET FROM THE PROPERTY; OR, (3) OF THOSE DIRECTLY OPPOSITE ACROSS THE STREET FROM THE PROPERTY, EXTENDING ONE HUNDRED (100) FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE PROPERTY, SHALL EXTEND TO THOSE PROPERTY OWNERS WITHIN 100 FEET OF THE SUBJECT PROPERTY, INCLUDING THOSE LOCATED DIAGONALLY ADJACENT TO THE CORNERS OF THE SUBJECT PROPERTY, AS ILLUSTRATED IN FIGURE 26-112.1. f. A PROTEST, ONCE FILED AND DETERMINED BY THE COMMUNITY DEVELOPMENT STAFF TO COMPLY WITH THE OWNER AND AREA REQUIREMENTS OF CHARTER 5.10, MAY BE RESCINDED ONLY IN A WRITTEN INSTRUMENT, SIGNED BY THE SAME PERSON(S) AS THE PROTEST, AND PRESENTED TO THE CITY CLERK PRIOR TO FINAL COUNCIL ACTION ON THE MATTER. -2- m FIGURE 26-112.1 - PROTEST AREA. IMAGES A -F ILLUSTRATE THE PROPERTY AREA REQUIREMENTS OF CHARTER 5.10 AND SECTION 26-112.C.7: A) PROPERTY INCLUDED WITHIN THE PROPOSED CHANGE; B) PROPERTY WITHIN 100 FEET EXTENDING FROM THE REAR OF THE SUBJECT SITE; C AND D) PROPERTY WITHIN 100 FEET EXTENDING FROM ANY SIDE OF THE SUBJECT SITE; E) PROPERTY DIRECTLY OPPOSITE ACROSS THE STREET FROM THE PROPERTY EXTENDING 100 FEET FROM THE STREET FRONTAGE OPPOSITE THE SUBJECT SITE. IMAGE F ILLUSTRATES THE PROPERTY AREA REQUIREMENT AS APPLIED TO AN IRREGULAR SIDE LOT LINE. -3- 0 w �p FIGURE 26-112.1 - PROTEST AREA. IMAGES A -F ILLUSTRATE THE PROPERTY AREA REQUIREMENTS OF CHARTER 5.10 AND SECTION 26-112.C.7: A) PROPERTY INCLUDED WITHIN THE PROPOSED CHANGE; B) PROPERTY WITHIN 100 FEET EXTENDING FROM THE REAR OF THE SUBJECT SITE; C AND D) PROPERTY WITHIN 100 FEET EXTENDING FROM ANY SIDE OF THE SUBJECT SITE; E) PROPERTY DIRECTLY OPPOSITE ACROSS THE STREET FROM THE PROPERTY EXTENDING 100 FEET FROM THE STREET FRONTAGE OPPOSITE THE SUBJECT SITE. IMAGE F ILLUSTRATES THE PROPERTY AREA REQUIREMENT AS APPLIED TO AN IRREGULAR SIDE LOT LINE. -3- �p FIGURE 26-112.1 - PROTEST AREA. IMAGES A -F ILLUSTRATE THE PROPERTY AREA REQUIREMENTS OF CHARTER 5.10 AND SECTION 26-112.C.7: A) PROPERTY INCLUDED WITHIN THE PROPOSED CHANGE; B) PROPERTY WITHIN 100 FEET EXTENDING FROM THE REAR OF THE SUBJECT SITE; C AND D) PROPERTY WITHIN 100 FEET EXTENDING FROM ANY SIDE OF THE SUBJECT SITE; E) PROPERTY DIRECTLY OPPOSITE ACROSS THE STREET FROM THE PROPERTY EXTENDING 100 FEET FROM THE STREET FRONTAGE OPPOSITE THE SUBJECT SITE. IMAGE F ILLUSTRATES THE PROPERTY AREA REQUIREMENT AS APPLIED TO AN IRREGULAR SIDE LOT LINE. -3- Section 2. Section 26-106 of the Code of Laws is amended to revise footnote 2 to read: Right of Protest applies: See section 5-10 of the Home Rule Charter AND CODE SECTION 26-112.C.7. Section 3. Section 26-113.6.3 of the Code of Laws is amended to read: 3. City council action. Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing on the proposal. The hearing conducted on second reading of the proposed rezoning ordinance shall satisfy this requirement. Notice of the hearing shall be the same as for the planning commission hearing; however, publication of the ordinance on first reading, together with any required map, shall meet the newspaper publication requirement. The city council, in addition to consideration of the planning commission record, shall hear additional evidence and testimony presented and either approve, approve with modifications, or reject the ordinance. The city council shall base its decision upon all evidence presented, with due consideration of the criteria for review set forth under subsection 26-112. D. tWeRty (20) perpent or more of the area- .. .. ed above, shall he r-onside.red adjaGeRt 9F opposite despite 66IGh IN THE EVENT OF A LEGAL PROTEST AGAINST SUCH CHANGE OF ZONE, UNDER THE PROCEDURE SET FORTH IN SECTION 6-10 OF THE HOME RULE CHARTER, A ZONE CHANGE SHALL NOT BE APPROVED EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS (%) OF THE ENTIRE CITY COUNCIL. THE WRITTEN PROTEST TO SUCH CHANGE SHALL BE SUBMITTED TO THE CITY COUNCIL NO LATER THAN THE HEARING ON THE PROPOSED REZONING ORDINANCE. THE PROCEDURE AT CODE 26-112.C.7 SHALL BE FOLLOWED. Ell Section 4. Section 26-303.A.7 of the Code of Laws is amended to read: 7. In the event of a legal protest against the rezoning component of the planned development approval, under the procedure set forth in section 5-10 of the home rule charter, a zone change shall not be approved except by the favorable vote of three-fourths (%) of the entire city council. The written protest to such change shall be submitted to the city council no later than the hearing on the proposed rezoning ordinance. THE PROCEDURE AT CODE 26-112.C.7 SHALL BE FOLLOWED. Section 6. Severability Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of 2019, 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 , 2019 at 7:00 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 12019. SIGNED by the Mayor on this day of 2019. r_Y40r:61n Janelle Shaver, City Clerk Approved as to Form: Gerald E. Dahl, City Attorney -5- Bud Starker, Mayor First Publication: Second Publication: Wheat Ridge Transcript Effective Date: M