Loading...
HomeMy WebLinkAboutWHL-19-01, City of1-Wheatge-/0 COMMUNITY DEVELOPMENT Memorandum TO:WHL-19-01 Case File FROM:Scott Cutler, Planner II DATE:July 3, 2019 SUBJECT:Disposition of Case At its June 10,2019 meeting, City Council took no action on Case No. WHL-19-01. There was a motion to approve by Councilwoman Dozeman with no second. The motion failed for lack of a second. ritv nf Due 44 h 1< w}*At Ridge Ll W 41lp ITEM NO : DATE: June 10, 2019 REQUEST FOR CITY COUNCIL ACTION (08'AT,412/* 44'impl -sO YFA*' TITLE: COUNCIL BILL NO. 07-2019 - AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) ® PUBLIC HEARING U BIDS/MOTIONS U RESOLUTIONS U ORDINANCES FOR 1 ST READING (05/13/2019) ® ORDINANCES FOR 2ND READING (06/10/2019) QUASI-JUDICIAL:® YES U No ent ICommunity Develop )irector City Manager ISSUE: The applicant is requesting removal of the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue in the Agricultural-One (A-1) zone district. The current owner purchased the property in 2013. Section 26-913.A.3 of the City Code allows for removal ofhistoric designation at the request of a new owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property. PRIOR ACTION: The structure was designated as a local historic landmark in 1998, processed under Case No. WHL-98-01 and passed by ordinance. FINANCIAL IMPACT: Fees in the amount of $320 were collected for the review and processing of Case No. WHL-19-01. Council Action Form - Removal of Local Historic Status at 11480 W. 44th Avenue June 10,2019 Page 2 BACKGROUND: The subject property is located on the south side of W. 44h Avenue between Robb Street and Tabor Street. The property is approximately one acre in size. Currently the property is vacant with the exception of an approximately 576 square foot barn at the rear of the property. As noted previously, in 1998, City Council approved an ordinance designating the barn on the property as a local historic landmark under Case No. WHL-98-01. Since then, the property has changed hands and the current owner is desirous ofremoving the local historic status of the barn. City Code allows for an application for removal of historic designation to be submitted by the owner of the property, provided that it is the request of a new owner (not the owner who requested the designation) and to the extent public financial assistance has not been received to benefit the exterior historic elements of the property. No public funds have been distributed to repair the barn. Staffhas determined that the applicant is eligible to apply for the removal of the historic designation, which requires a public hearing at City Council. There are no discretionary review criteria if the request meets these two standards related to ownership and funding. RECOMMENDATIONS: The application in this case is for the removal of a historic status of an accessory structure. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Historic designations (or their removal) in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-913). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Staff has determined that the applicant is eligible to apply for the removal o f the historic designation, and because there are no discretionary review criteria, will not make a recommendation on this request. RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2019 an ordinance approving the removal of local historic status for an accessory structure at 11480 W. 44h Avenue on property zoned Agricultural-One (A- 1), on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The applicant has been determined to be eligible to apply for the removal of the historic designation, per Section 26-913 of the City Code. 2. Or, Council Action Form - Removal of Local Historic Status at 11480 W. 44m Avenue June 10,2019 Page 3 "I move to deny Council Bill No. 07-2019 an ordinance approving the removal of local historic status for an accessory structure at 11480 W. 4401 Avenue on property zoned Agricultural-One (A-1), for the following reasons:and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2019 2. Site photos CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. RZ ORDINANCE NO. Series of 2019 TITLE:AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44h AVENUE (CASE NO. WHL-19-01 / McENTIRE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the property owner of 11480 W. 44th Avenue is requesting removal of the local historic landmark status of an accessory structure on their property; and, WHEREAS, Section 26-913.A.3 of the City Code allows for removal of historic designation at the request of a new property owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property; and, WHEREAS, the property owner is a new owner who did not request the original historic landmark status and no public funds have been received to renovate the structure; and, WHEREAS, there are no discretionary review criteria if the request meets the two standards related to new ownership and funding; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 Findings of Fact. The Wheat Ridge City Council hereby finds that the property owner is eligible to remove the historic landmark designation from the accessory structure. The ownership has changed since the original designation and public financial assistance has not been received to repair the structure. Section 2.Removal of Historic Landmark Designation. Pursuant to the authority vested in it by Section 26-913 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby removes the local historic designation from the barn on the property at 11480 W. 44th Avenue. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The ATTACHMENT 1 City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection or clause of the 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 5. Effective Date. This Ordinance shall take effect 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 8 to 0 on this 13h day of May, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, June 10, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 2gth Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. 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. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney ls publication: May 13, 2019 2nd publication: Wheat Ridge Transcript: Effective Date: Site Photos: 11480 W. 44th Ave All photos were provided by the applicant and taken in April 2019. 25' A A f 4 4 ea, V '1 1 2 fi City Council Case No. WHL-19-01 / McEntire ATTACHMENT 2 r 2/t Mf'. 1 :6¥ F 7977 City Council 1 Case No. WHL-19-01 / McEntire ' 0, 4' C. 44 City Council Case No. WHL-19-01 / McEntire W C , I./3Z.2.*·U.2'ZT -4 928-3- 96 • ·- -% 22.· --- ---- - ..1 -44=9 :FE: Prc jer, . -e 4 - ·- · .0. %:14*.*b*. ·JRbQI.7-4-MIL - .. · City Council Case No. WHL-19-01 / McEntire t 7 06/11/2019 . 'lili 1 ..t . 4% . A:.f 4 '1 Lk..M,1 2•.9, u,III:.Me -8 rn History Process • Previous property owner applied for local historic landmark status in 1998, which was approved by City Council ordinance under Case No. WHL-98-01 Eligibility Requirements - New owner - No public funds have been distributed to renovate • New owner purchased property and has requested to remove local historic designation 15-dav Public Hearing noticing for City Council - No phone calls or letters received 1 06/11/2019 Staff Conclusions Staff finds: - The applicant is eligible to apply for the removal of the historic designation per Section 26-913.A.3 of the City Code • New owner (different than the one that applied for the designation) · No public funds have been distributed 2 City of A 41 (9--- WheatRidge Dom© 0 1- :\5 fe/Ll,K ITEM NO:k tl\*·wcY- A- T-DATE: June 10, 2019 REQUEST FOR CITY COUNCIL ACTION $*MAZE,6 ..,u*. 0 \34 OR AO-7 TITLE: COUNCIL BILL NO. 07-2019 - AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) ] PUBLIC HEARING ] BIDS/MOTIONS ] RESOLUTIONS U ORDINANCES FOR lsT READING (05/13/2019) ® ORDINANCES FOR 2ND READING (06/10/2019) QUASI-JUDICIAL:® YES El No Community Develophlent Director -4 City Manager ISSUE: The applicant is requesting removal of the local historic landmark status from an accessory structure on property located at 11480 W. 4411 Avenue in the Agricultural-One (A-1) zone district. The current owner purchased the property in 2013. Section 26-913.A.3 of the City Code allows for removal of historic designation at the request of a new owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property. PRIOR ACTION: The structure was designated as a local historic landmark in 1998, processed under Case No. WHL-98-01 and passed by ordinance. FINANCIAL IMPACT: Fees in the amount of $320 were collected for the review and processing of Case No. WHL-19-01. Council Action Form - Removal of Local Historic Status at 11480 W. 44th Avenue June 10,2019 Page 2 BACKGROUND: The subject property is located on the south side of W. 44th Avenue between Robb Street and Tabor Street. The property is approximately one acre in size. Currently the property is vacant with the exception of an approximately 576 square foot barn at the rear of the property. As noted previously, in 1998, City Council approved an ordinance designating the barn on the property as a local historic landmark under Case No. WHL-98-01. Since then, the property has changed hands and the current owner is desirous of removing the local historic status of the barn. City Code allows for an application for removal of historic designation to be submitted by the owner of the property, provided that it is the request of a new owner (not the owner who requested the designation) and to the extent public financial assistance has not been received to benefit the exterior historic elements o f the property. No public funds have been distributed to repair the barn. Staff has determined that the applicant is eligible to apply for the removal of the historic designation, which requires a public hearing at City Council. There are no discretionary review criteria if the request meets these two standards related to ownership and funding. RECOMMENDATIONS: The application in this case is for the removal of a historic status of an accessory structure. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Historic designations (or their removal) in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-913). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Staff has determined that the applicant is eligible to apply for the removal o f the historic designation, and because there are no discretionary review criteria, will not make a recommendation on this request. RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2019 an ordinance approving the removal of local historic status for an accessory structure at 11480 W. 44th Avenue on property zoned Agricultural-One (A- 1), on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The applicant has been determined to be eligible to apply for the removal o f the historic designation, per Section 26-913 ofthe City Code. 2. ...boze--AA v-i•VE $ - j*i3 'fac I.t l< d, fz'A. Or, Council Action Form - Removal of Local Historic Status at 11480 W. 44th Avenue June 10,2019 Page 3 "I move to deny Council Bill No. 07-2019 an ordinance approving the removal of local historic status for an accessory structure at 11480 W. 44m Avenue on property zoned Agricultural-One (A-1), for the following reasons:and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2019 2. Site photos CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. QZ ORDINANCE NO. Series of 2019 TITLE:AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the property owner of 11480 W. 44th Avenue is requesting removal of the local historic landmark status of an accessory structure on their property; and, WHEREAS, Section 26-913.A.3 of the City Code allows for removal of historic designation at the request of a new property owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property; and, WHEREAS, the property owner is a new owner who did not request the original historic landmark status and no public funds have been received to renovate the structure; and, WHEREAS, there are no discretionary review criteria if the request meets the two standards related to new ownership and funding; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 Findings of Fact. The Wheat Ridge City Council hereby finds that the property owner is eligible to remove the historic landmark designation from the accessory structure. The ownership has changed since the original designation and public financial assistance has not been received to repair the structure. Section 2.Removal of Historic Landmark Designation. Pursuant to the authority vested in it by Section 26-913 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby removes the local historic designation from the barn on the property at 11480 W. 44h Avenue. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severabilitv: Conflicting Ordinance Repealed. If any section, subsection or clause of the 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 5. Effective Date. This Ordinance shall take effect 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 13th day of May, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, June 10, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 2gth Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. 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. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: r Site Photos: 11480 W. 44th Ave All photos were provided by the applicant and taken in April 2019. >·.4 A *AA 4 % It I. (1-27.4 4,4 f...11'.,4.7, I' .4.;2 . "# .. .. 645''Ck : '·p ·. , ''1.,4:..tuh 44,/% * 1 1 1 '*-·'14r 0 '94*,£%1 -.- .. 1 144* i 4 4 4 City Council Case No. WHL-19-01 / McEntire k r 4 1, 13 S f k . . 4.711Mi...4,/ /4.4M,01f/P i · ...1, %9 Fk. d a 7. 27-faute 429 1 14* 4.1*UW /9914% *i •ge Nt City Council 2 Case No. WHL-19-01 / McEntire t.< ft' 0. 71 1 : P,el . i.»Il? 1 City Council Case No. WHL-19-01 / McEntire W 1*t 2 f a i. 7 0%1 kP r , ,·fo@tf' % 4 h . € {9,#,9> 064:M#*14: :44 ··. ·0:4&%1,.41<':·*d:·, ' ::?9733/9,.:'.:. VilE: iv¢2¢ rem**441/Wrtrh;..'.804/**4416 9 me¢'illk*Zry,9 - .A;G#*'2(· ·,Ir (61/*"'/C":m:"94&£1'/Ag"9/M: J"*94'G nfi '- ..::. ·,9.* 4*$%1,ir.. ., . City Council Case No. WHL-19-01 / McEntire F :,1 ..f. ' f r-/ 1.1--.21- f. ,-.er....&.i·u,=:&.:.I-*...:di t· 1 i f ti:It M # City of-C-Wheat Ridge POSTING CERTIFICATION CASE NO.WHL-19-01 CITY COUNCIL HEARING DATE:June 10,2019 7L ShoR-R MCENT(RE , FT.5 82 THE 2/099 LLC- (name)residingat @9 13> -,e--r.it/14 1 1-L 2*34· (36 200--090Uddress) / as the applicant for Case No.WHL-19-01 hereby certify that 1 have posted the Notice of Public Hearing at 11480 W. 44th Avenue (location) on this 3 3 day of fll·CK and do hereby certify that said sign has been posted and remained in place for fttteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was postpd in the positionphown on the map below.C 1 00signturek/24&9(4 /4*171 62-<.fit- 0 - - NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP l 0- It 1 . Di h L 1 -C ..1/ Wh&&1Ridge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: • The sign must be located within the property boundaries. • The sign must be securely mounted on a flat surface. • The sign must be elevated a minimum of thirty (30) inches from ground. • The sign must be visible from the street without obstruction. • The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on June 10, 2019]. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. »64, City ofVVheatRilge -COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 2gth Ave.Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.D) May 23, 2019 Dear Property Owner / Current Resident: This is to inform you of WHL-19-01 an application filed by Sandra McEntire for approval of the removal of historic designation on a barn located at 11480 West 44th Avenue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: City Council June 10,2019 @ 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City o f Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance ofthe meeting. www.ci.wheatridge.co.us Vicinity Map Site outlined in red 0/I'll//1.1;3MTY,Irl:Elll,Illillillififf ./ 1/0r/--I 0, 6.9 1.. 116; 1 69 -*.-.. 1- 5 .. 11-2 11 ¥ 1 = I m f .07/.1 - {1 9 . r..7 -- 12 'J 7 '. I_: 0 fi ki 'ir ..1 . 0211 e * 'K F.'1 34 -9 24 1 tu. E..' i ''32 . T 2.' # 13 44 -:F , f,-6 .4 r ,j 4 4 WHL1901.doc <Z AT & T BROADBAND OF COLORADO LLC 00001 COMCAST CENTER 32ND FLOOR PHILADELPHIA PA 19103 ITS FOR THE BIRDS LLC 00888 S GAYLORD ST DENVER CO 80209 OLEG J FEDOROWICZ REVOCABLE TRUST KATARZYNA IWONA FEDOROWICZ REVOCABLE TRUS 14690 IRVING ST BROOMFIELD CO 80023 WIEDRICH JONATHAN 04690 UPHAM ST WHEAT RIDGE CO 80033 CONSOLIDRONE LLC 11180 W 44TH AVE WHEAT RIDGE CO 80033 JEFFERSON COUNTY 00100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 SAINT MARTIN SOCIETY BRANCH 134 OF P NA 11460 W 44TH AVE 4 WHEAT RIDGE CO 80033 DOUGLAS G WILLIAMS TRUST 05312 N BROADWAY ST DENVER CO 80216 KUNZ TERRY T KUNZ NANCY E 02770 ISABELST GOLDEN CO 80401 STORE MASTER FUNDING 111 LLC BEST FRIENDS PET CARE INC 19717 62ND AVE S F103 KENT WA 98032 4.-I A', City of v77- Wheatilidge P.LptkDe/l ITEM NO: i DATE: May 13, 2019 REQUEST FOR CITY COUNCIL ACTION >LEBRAT,4'e 50-ili-*10.9 TITLE: COUNCIL BILL NO. 07-2019 - AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) | PUBLIC HEARING | BIDS/MOTIONS RESOLUTIONS ® ORDINANCES FOR lsT READING (05/13/2019) U ORDINANCES FOR 2 ND READING (06/10/2019) QUASI-JUDICIAL:® YES E NO ent I Ld_,Uk,P. -21- Community Develop )irector 14« City Manager ISSUE: The applicant is requesting removal of the local historic landmark status from an accessory structure on property located at 11480 W. 44th Avenue in the Agricultural-One (A-1) zone district. The current owner purchased the property in 2013. Section 26-913.A.3 of the City Code allows an application for removal of historic designation to be submitted at the request of a new owner, but only to the extent public financial assistance has not been received to benefit the exterior historic elements ofthe property. PRIOR ACTION: The structure was designated as a local historic landmark in 1998, processed under Case No. WHL-98-01 and passed by ordinance. FINANCIAL IMPACT: Fees in the amount o f $320 were collected for the review and processing of Case No. WHL-19-01. C 0 - Fv/9 L 6 ,Ift Council Action Form - Removal of Local Historic Status at 11480 W. 44th Avenue May 13, 2019 Page 2 BACKGROUND: The subject property is located on the south side of W. 44h Avenue between Robb Street and Tabor Street. The property is approximately one acre in size. Currently the property is vacant with the exception of an approximately 576 square foot barn at the rear of the property. As noted previously, in 1998, City Council approved an ordinance designating the barn on the property as a local historic landmark under Case No. WHL-98-01. Since then, the property has changed hands and the current owner is desirous of removing the local historic status of the barn. City Code allows for an application for removal ofhistoric designation to be submitted by the owner of the property, provided that it is the request of a new owner (not the owner who requested the designation) and to the extent public financial assistance has not been received to benefit the exterior historic elements of the property. No public funds have been distributed to repair the barn. Staffhas determined that the applicant is eligible to apply for the removal of the historic designation, which requires a public hearing at City Council. There are no discretionary review criteria if the request meets these two standards related to ownership and funding. RECOMMENDATIONS: The application in this case is for the removal of a historic status of an accessory structure. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Historic designations (or their removal) in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-913). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2019 an ordinance approving the removal of local historic status for an accessory structure at 11480 W. 4411 Avenue on property zoned Agricultural-One (A- 1), on first reading for the sole purpose of ordering it published for a public hearing set for Monday, June 10, 2019 at 7 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner II Kenneth Johnstone, Community Development Director Council Action Form - Removal of Local Historic Status at 11480 W. 44th Avenue May 13, 2019 Page 3 Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2019 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. QI ORDINANCE NO. Series of 2019 TITLE:AN ORDINANCE REMOVING THE LOCAL HISTORIC LANDMARK STATUS FROM AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 11480 W. 44th AVENUE (CASE NO. WHL-19-01 / McENTIRE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the property owner of 11480 W. 44th Avenue is requesting removal of the local historic landmark status of an accessory structure on their property; and, WHEREAS, Section 26-913.A.3 of the City Code allows for removal of historic designation at the request of a new property owner to the extent public financial assistance has not been received to benefit the exterior historic elements of the property; and, WHEREAS, the property owner is a new owner who did not request the original historic landmark status and no public funds have been received to renovate the structure; and, WHEREAS, there are no discretionary review criteria if the request meets the two standards related to new ownership and funding; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 Findings of Fact. The Wheat Ridge City Council hereby finds that the property owner is eligible to remove the historic landmark designation from the accessory structure. The ownership has changed since the original designation and public financial assistance has not been received to repair the structure. Section 2.Removal of Historic Landmark Designation. Pursuant to the authority vested in it by Section 26-913 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby removes the local historic designation from the barn on the property at 11480 W. 44h Avenue. Section 3. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The ATTACHMENT 1 City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severabilitv: Conflicting Ordinance Repealed. If any section, subsection or clause of the 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 5. Effective Date. This Ordinance shall take effect 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 13th day of May, 2019, ordered it published with Public Hearing and consideration on final passage set for Monday, June 10, 2019, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 2gth Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. 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. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: 01/31/2013 10:38:33 AM Commilment No.: 597-F0439217-132-LF, Amendment No. 1 Attached Legal Description PARCEL A: THAT PART OF THE SOUTHWEST 1/4 OF THENORTHWEST 1/4 OF SECTION 21 TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21,226.6 FEET EAST FROM THE SOUTHWEST CORNER THEREOF; THEICE EAST ALONG THE SOUTH LINE OF SAm TRACT 236.4 FEET; THENCE NORTH AT RIGHT ANGLES 1936 FEET, MORE OR LESS TO A POINT ON THE SOUTH SIDE OF THE COUNTY ROAD RUNNING WEST FROM BOYD'S BRIDGE; THENCE WESTERLY.ALONG THE SOUTH SIDE OF SAID COUNTY ROAD TO A POINT 226.6 FEET EAST OF THE WEST LINE OF SAID SECTION 21; THENCE SOUTH PARALLEL WITH THE WESTL[NE OF SAID SECTION 1928 FEET, MORE OR LESS TO THE PLACE OF BEGINNING; EXCEPT THOSE PARCELS DESCRIBED IN BOOK 723 AT PAGE 472, BOOK 1879 AT PAGE 640, BOOK 2328 AT PAGE 695, BOOK 2332 AT PAGE 502, BOOK 3032 AT PAGE 480 AND BOOK 2584 AT PAGE 922, RE-RECORDED DECEMBER 15, 1989 AT RECEPTION NO. 89109119 AND FEBRUARY 6, 1990 AT RECEPTION NO. 90010842, OCTOBER 21,1985 AT RECEPTIONNO. 85101334, COUNTY OF JEFFERSON, STATE OF COLORADO. Copyright American Land Title Association. All rights reserved. The useof this Form is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land TR:e Association. ad 9*92-SEL-£09 e]!lu30IAI S'Atea e.lpues esL:LI'6 L LOXEMAI 2013069381 6/10/20139:42AM PGS 2 $16.00 DF$14.50 Electronically Recorded Jefferson County, CO Pam Anderson. Clerk and Recorder TD1000 Y SPECIAL WARRANTY DEED THIS DEED, Made this 7tlt day ofJune, 2013 between Consolidrone LLC, a Colorado limited liability company of the City and County of Jefferson and State of COLORADO, grantor(s), and It's For The Birds, LLC, 9 Colorado limited liability company whose logal address is 888 S Gaylord St,, Denver, CO 80209 of the City and County ofJefferson, State of Colorado, grantee(s) WITNESS, That the grantor(s), for and In consideration of the sum of One Hundred Forty-Five Thousand Dollars and No/100's ($145,000.00). the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all tile realproperty together with improvements, if any, situate, lying and being in the City and County of Jefferson, State of COLORADO, described as follows: See Exhibit A attached hereto and made a part hereof. Doc Fee 3 14.50 also known by street and number as 11480 W 44th Ave, Wheat Ridge, CO 80033-2560 TOGETHER with a and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and tile revenion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest,claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with thehereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s),h is heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant andagree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises iii the quiet and peaceablepossession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof,by, through or under the gmntor(s) The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to allgenders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. SELLER: LLC, A Color:,do limited liability By: gu M Dudgeon as Membd STATE OF COLORADO }ss: COUNTY OF Jefferson The foregoing instrument was acknowledged before me this 7th day of June, 2013 by John M Dudgeon as Member forConsolidrone LLC, a Colorado limited liability co 1&14 0%«blic Witness my hand and official seal.My Commission expires: L - /9 - t 8 mpany 0. . PUBO:.4 SPWDTCI Special Warranty Deed Tenants in Common File No. F043921.7 SPECIAL WARRANTY DEED THIS DEED, Made this 7th day of June, 2013 between Consolidrone LLC, a Colorado limited liability company of the City and County of Jefferson and State of COLORADO, grantor(s), and It's For The Birds, LLC, a Colorado limited liability company whose legal address is 888 S Gaylord St., Denver, CO 80209 of the City and County of Jefferson, State of Colorado, grantee(s): WITNESS, That the grantorls), for and in consideration of the sum of One Hundred Forty-Five Thousand Dollars and No/100's ($145,000.00),the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the City and County of Jefferson, State of COLORADO, described as follows: See Exhibit A attached hereto and made a part hereof. Doc Fee $ 14.50 also known by street and number as 11480 W 44th Ave, Wheat Ridge, CO 80033-2560 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. SELLER: Consolidru< L.l,C. A Coloyl° limited liability\ a ,•1 By: 5¢Nn M Dudgeon as Membe(* STATE OF COLORADO }SS: COUNTY OF Jefferson The foregoing instrument was acknowledged before me this 7th day of June, 2013 by John M Dudgeon as Member for Consolidrone LLC, a Colorado limited liability company -72 61*.4 P Old« Witness my hand and official seaJ My Commission expires: 6 - /9 QEyublic l. ?1 m !fil ' ' -&. I f Exhibit A PARCEL A: THAT PART OF THE SOUTHWEST 1/4 OF THE. NORTHWEST 1/4 OF SECTION 21 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.. JEFFERSON COUNTY, COLORADO, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST , 1/4 OF SAID SECTION 21,226.6 FEET EAST FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT 236.4 FEET; THENCE NORTH AT RIGHT ANGLES 1936 FEET. MORE OR LESS TO A POINT ON THE SOUTH SIDE OF THE COUNTY ROAD RUNNING WEST FROM BOYD'S BRIDGE; THENCE WESTERLY ALONG THE SOUTH SIDE OF SAID COUNTY ROAD TO A POINT 226.6 FEET EAST OF THE WEST LINE OF SAID SECTION 21; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 1928 FEET, MORE OR LESS TO THE PLACE OF BEGINNING; EXCEPT THOSE PARCELS DESCRIBED IN BOOK 723 AT PAGE 472, BOOK ]879 AT PAGE 640, BOOK 2328 AT PAGE 695, BOOK 2332 AT PAGE 502, BOOK 3032 AT PAGE 480 AND BOOK 2584 AT PAGE 922, RE-RECORDED DECEMBER 15, 1989 AT RECEPTION NO. 89109119 AND FEBRUARY 6, 1990 AT RECEPTION NO. 90010842, OCTOBER 21.1985 AT RECEPTION NO. 85101334, COUNTY OF JEFFERSON. STATE OF COLORADO. J Exhibit A PARCEL A: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.. JEFFERSON COUNTY, COLORADO, PARTICULARLY DESCRIBED AS FOLLOWS: i COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1./4 OF SAID SECTION 21., 226.6 FEETEAST FROMTHESOUTHWEST CORNER THEREOF; : THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT 236.4 FEET; THENCE NORTH AT RIGHT ANGLES 1936 FEET. MORE OR LESS TO A POINT ON THE SOUTH SIDE OF THE COUNTY ROAD RbNNING WEST FROM BOYD'S BRIDGE; THENCE WESTERLY ALONG THE SOUTH SIDE OF SAID COUNTY ROAD TO A POINT 226.6 FEET EAST OF THE WEST LINE OF SAID SECTION 21; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 1928 FEET, MORE OR LESS TO THE PLACE OF BEGINNING; EXCEPT THOSE PARCELS DESCRIBED N BOOK 723 AT PAGE 472, BOOK 1879 AT PAGE 640, BOOK 2328 AT PAGE 695, BOOK 2332 AT PAGE 502, BOOK 3032 AT PAGE 480 AND BOOK 2584 AT PAGE 922, RE-RECORDED DECEMBER 15, 1989 AT RECEPTION NO. 89109119 AND FEBRUARY 6, 1990 AT RECEPTION NO. 90010842, OCTOBER 21.1985 AT RECEPTION NO. 85101334, COUNTY OF JEFFERSON. STATE OF COLORADO. May 6, 2019 CITY OF WHEAT RIDGE Community Development Department 7500 West 2gth Avenue, Wheat Ridge CO 80033 RE: Removal of Historic Designation at 11480 W. 44 Avenue Wheat Ridge, CO TO WHOM IT MAY CONCERN: On June 7, 2013, I purchased the property at 11480 W. 44h Avenue to lease to WILD BIRD INFORMATION AND REHABILITATION in order to build a permanent facility to rescue and rehab birds. There was no disclosure at time of purchase as to the historic designation of the old, deteriorating barn on the property. It was described as "in poor condition." There have been no funds put into the barn since the date I purchased the property. Wild Bird verified that they have not done any improvements or invested any money in the barn since date of my purchase. They used it only to store cages and equipment for bird rehabilitation. Prior to Lease Termination on April 1, 2019, the Executive Director of Wild Bird informed me that they could not remove all the cages, because the deterioration of the barn is too extreme. Due to the unstable condition of stairs and flooring she was concerned that someone could be seriously injured by accessing the upper floor of the barn. I would like the historic designation to be removed in order to sell the property so that it can be put to beneficial use for The City of Wheat Ridge. My real estate broker thinks the historic designation will impair my ability to sell the property given the use restrictions that come with the designation. Pictures of barn are attached. They tell their own story. Since,ly Sandra J. McEntire IT'S FOR THE BIRDS, LLC KNOWN HISTORY OF BARN LOCATED AT 11480 w. 44™ Avenue, Wheat Ridge, Colorado 1950: Per Jefferson County Assessor's Office, "It looks like the barn was built in 1950" (email from Laura Davenport-Idavenpo@co.iefferson.co.us- on April 23, 2019. 1998: Historic Designation granted by City of Wheat Ridge. The Request states, "Little is truly known about the original construction date of the barn or for whom the barn was constructed for." 2010: Nuisance Abatement Order for demolition of house damaged by a storm in 2009 when a tree fell on house. The Abatement Order states, "The barn remains since it is historic. It will be a huge problem and liability if it is accidently damaged or destroyed in any way." 2013: Property purchased by IT'S FOR THE BIRDS, LLC for lease to WILD BIRD Information and Rehabilitation, a Colorado non-profit, to build a permanent facility to rescue and rehabilitate birds. The seller did not disclose the historic designation of the barn. Therefore the buyer was unaware of the designation until informed by the rehab people recently. In the Buyer/Seller Agreement the barn was described as "in poor condition". 2019: Lease between Wild Bird and It's For The Birds, LLC terminated without having made any improvements on land or barn. Due to the condition of the barn the seller has been unable to secure insurance on the land. No funds have been put into barn by Wild Bird or the present owner. The barn has further deteriorated becoming a public nuisance, a vandalism risk, and a potential danger. In its present condition it serves no public purpose. NOTE: Land use applications must be submitted BY APPOINTMENT with a City of planner. Incomplete applications will not3#rvvheatRidge be accepted-refer to submittal checklists LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant.541',74'» 421/c Ei A/7/R € Phone -720 7337396 Email '4 2.40,1'412 48--'*-6 1 '0 -· 421 V iAddress, City, State, Zip %%'9- S 6.A,-1, k,rj 5 1_ D er,L>.r '22)20 9 7) ,tOwner ,/-1-46 FOR 'BE- 31 IRDY U-C- Phone 72-0 73271Fc Email Address, City, State, Zip Contact,5/}F/JAR B T Hcori i RE-Phone*I O 703:Ce :143 Email Address, City, State, Zip (The person listed as contact will be contacted to answer questions regarding this application. provide additional information when necessary. post public hearing signs. will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address):9-L A 14 /Jt Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Planned Development (ODP, SDP) O Planned Building Group O Temporary Use, Building, Sign O Variance/Waiver (from Section 26- O Special Use Permit O Conditional Use Permit O Site Plan O Concept Plan ) O Right of Way Vacation O Subdivision - specify type: O Administrative (up to 3 lots) O Minor (4 or 5 lots) O Major (6 or more lots) 2'Other: Detailed description of request: 4'Etf b ¥P} l- Of /4/57312-; L .IE)-/6/l//7 7-2/AJ cpu 36 40 Lo.cATED AT /,4 go \A/, 1-14 -4= AV E·\4 D-5 r 0'14€ AT -R \.13(16,(10 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent ofthose persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners murt flib-,it nnu,01--Af.rittni·ne7TAhkARA D dDEANfrom the owner which approved o n on h is, NOTARY PUBUC STATE OF COLORADONotarized Signature of Applica 4 - NOTARY ID 20164015481State of Colorado } MY COMMISSION EXPIRES APRIL 22,2020County of 3-erre-r- san j this ag,6 SS beha# A-L1/ C j LCIA _o_ V t The foregoinR instrument (Land Use Processing Application) was acknowledged by me this Gby Sonorq X ne Gat :.e _ day of P.Uy ,20 / ? 'Tl__toje-_-My commission expires -__ 221202.0 Notary Public To be filled out by staff: Date received 5-0-/9 Fees 320.00 Case No.UNC-/9-01 Comp Plan Design.Receipt No. C 606 20€51 Quarter Section Map MU lA Related Case No.Pre-App Mtg. Date L¢- 25- / 9 Case Manager C,0.41.-r Assessor's Parcel No..19,2/2-do-077 Current zoning A-1 Current Use Size (acres or sqft)1.6 1 Acre,Proposed Zoning Proposed Use Rev !/22/ 2016