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