HomeMy WebLinkAbout09/06/20121 * e City of
Te a t f Z
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AGENDA
September 6, 2012
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on September 6, 2012, at 7:00 R the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of neat Ridge. Call Heather Geyer, Public Information Qfft'cer at 303-235-2826 at least one week- in
advance of a meeting if you are interested in participating and need inclusion assistance.
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
A. Case No. WZ-12-05: An application filed by the City of Wheat Ridge for a city_
initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use-
Commercial (MU-C).
B. Case No. WZ-12-04: A city-initiated rezoning of the 38' Avenue Corridor to Mixed
Use Neighborhood (MU-N).
C. Case No. ZOA-12-04: An ordinance amending the Wheat Ridge Code of Laws
concerning industrial employment zoning.
D. Case No. O. ordinance amending the Wheat Ridge Code of Laws
pertaining to the review process for public schools.
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Staff Members Present:
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Lauren Mikulak, Planner I
Meredith Reckert, Senior Planner
Im Paranto, Director of Public Works
' Baker, Recording Secretary
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It was m"""*'d b C "'0 Ai to ner MATTHEWS and seconded by Commissioner
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O HM to a Y only the ij r o the agenda. Motion carried 6-0.
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It was moved by Commissioner BUCKNAM and seconded by Commissioner
DURAN to approve the minutes of July 19, 2012 as written. Motion carried 5-0
with Commissioner BUCKNAM abstaining.
11. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
MMMEMM
Planning Commission Minutes
August 16, 2012
A. Case No. MS-12-02: An application filed by the City of Wheat Ridge for a 5-lot
consolidation plat for property zoned Public Facilities (PF) and located at 1 121 0
West 45th Avenue.
This case was presented • Lauren Mikulak. She entered all pertinent documents into the
record and advised the Commission there was jurisdiction to hear the case. She reviewed
the staff report and digital presentation. Tim Paranto was present to help answer
questions. A&
The purpose of the request is to remove internal pr ' " ' Ii in preparation for an
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expansion of the existing maintenance facility tea ' both Public Works and
Parks maintenance equipment and personnel, A`, n for 5 lots is processed as a
minor subdivision. Because there is no r »ofvay dedictin, Planning Commission is
the final authority for approval. m e
The total area of the city-owned site is 5 a s Only tw,,,,Q of the parcels have been
previously platted; the middlmill consolidate
e is are 4 V
,,,,,three lo 11 t� 0c proposed p
the property from five lots i t. The cou ldtion
plat will result in several
primary structures on a single ip h it"for that re" U ,04,an application for a planned
building group (Case No. P f buipanies
request.
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Staff concluded -,,, l I comp with Article IV
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fill
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t Ang) l'o,n the 1, t ode; therefore Staff
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(subdivision TW
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recommends a
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It was owed b CJ"'m "', `J��
y TT and seconded by Commissioner
ONO nest for approval of a five-lot
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Consolidation plat ,,9n propie y zoned t ►lic Facilities and located at 11210 W. 4 5
"nue. for the 6116wina r sons:
Motion
B. Case No. WA-12-11: An application filed by the City of Wheat Ridge for
approval of a 76 percent variance from the landscape requirement for shrubs,
reducing the total number of shrubs on the site to 104 on property zoned Public
Facilities (PF) and located at 11 21 0 West 45 Avenue.
Case No. PBG-12-01: An application filed by the City of Wheat Ridge for a
Planned Building Group to allow construction of several principal buildings on
the lot in order
• implement the Master Plan for the City Maintenance Facility for
property zoned Public Facilities (PF) and located at 11 2 10 W. 45" Avenue.
Planning Commission Minutes -2—
August 16, 2012
This case was presented by Lauren Mikulak. She entered all pertinent documents into the
record and advised the Commission there was jurisdiction to hear the case. She reviewed
the staff report and digital presentation. Tim Paranto was present to help answer
questions.
In 2004, the Public Works and Parks & Recreation Departments collaborated to complete
the Public WorkslParks Maintenance Master Plan which was approved by City Council.
Works, Parks, and Police Departments at the WRMF property.
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Staff concludes that the proposed plan
Public Facilities zone district and will
Maintenance Facility site in an efficie
of this case.
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of several primary
of the city's maintenance
ntenance equipment and
� require approval by the
R-Effaam
of the
Is request f6 arification on the perimeter
of the landscaping will be behind the
nd the office buildings where the
e.
approved. The PBG is recorded with the county.
In reply to Conv HM's question regarding an increase in trees provided, Ms.
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Mikulak replied ih"' 't f considered CDOT ratios of I tree per 4 shrubs Ultimately,
they evaluated the spic between the trees and determined that 72 would be the
maximum number that could be planted.
Planning Commission Minutes - 3 —
August 16, 2012
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future. Ms. Mikulak explained that variances do not set a precedent; each variance must
be evaluated on its own.
Chair TIMMS commented that it appears this master plan is a long range plan and asked
if the plan can be amended. Ms. Mikulak responded that there is a process to amend if
necessary.
Commissioner WEAVER asked if the agricultural property to the west would be
transformed to residential, could the residents request the City to plant trees. Meredith
Reckert responded that the City is responsive to citizens and would work with them to be
a good neighbor.
Commissioner MATTHEWS commented that this is a unique situation for perimeter
landscaping and a reduction in shrubs but increase in trees will actually make the
community better.
It was moved by Commissioner BUG AM and seconded by Commissioner OHM
to APPROVE Case No. WA-12-11, a request for approval of a 76% variance from
the landscape requirement ,:,,,t - iArubs on pr6per "zoned Public Facilities and
located at 11210 W. 4 5 1h Aveinue.""I&rthe followihii reasons:
1. That th e' number of trees that the City plant will total 72 trees as referenced
in the prop' (ised rather than the required 44 trees.
It was moved by Commissioner BUCKNAM and seconded by Commissioner
DURAN to APPROVE Case No. PBG-12-01, a request for approval of a planned
building group on property zoned Public Facilities and located at 11210 W. 45
Avenue, for the following reasons:
Planning Commission Minutes - 4 —
August 16, 2012
7. OTHER ITEMS
M eredith Reckert reminded everyone of the Q&h;ition, Festival this upcoming
weekend and encouraged attendance.
Ms. Reckert reported that there are 4, ing staff changes impacting the Community
Development Department. Kathy Fi moving from Comm unity Development
over to Public Works-Engineering Div'"W" Kar,;-qh is m6vifigto the
Operations Division of P, Works. expected to a on September
I O Also, Ms. Reckert o ut of the o r several
weeks on "medical leave
g,
during early fall. Because"'V"" s ues, ues, Staffiq*,,',',':i
_11 need to delay initiation of new
zoning code amendments f6i%eveM1 ths. T
,-m include modifications to
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the sign Cade
th
5i , k"38 - Avenue updates, Ms. Reckert
In OAW
j pfr'y ab c
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respondee t 4,,the old enters ha4Wh embellished with pictures in preparation for
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the Carnatio� 6tival ' on S. rday. Traffic control is being worked out
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now in 's Para ,There is also a 38' Avenue grand opening
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Ms. Mikulak rcpia ted thaf tie neighborhood meeting was held for the 38 Avenue
corridor rezoning an d of tha ti vited about 50 came. The Planning Commission
public hearing is schedu date in September, and potentially it will be going to
City Council in October.
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Steve Timms, Chair
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August 16, 2012
-5—
City of
" Wheat j dge
COMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Sarah Showalter
DATE OF MEETING: September 6, 2012
CASE NO. & NAME: WZ- 12- 04/38 Avenue City- Initiated Rezoning
ACTION REQUESTED: A City- initiated rezoning to the Mixed Use - Neighborhood (MU -N) zone
district for properties generally located on 38` Avenue between Sheridan and
Wadsworth.
LOCATION OF REQUEST: W. 38` Avenue between Sheridan and Wadsworth
APPROXIMATE AREA: 100 Acres
PRESENT ZONING: Neighborhood Commercial (N -C), Restricted Commercial (R -C),
Commercial -One (C -1), Commercial -Two (C -2), Planned Commercial
Development (PCD), Planned Mixed Use Development (PMUD),
Residential -Three (R -3), Residential -Two (R -2), Residential -One A (R-
1 A), and Residential -One B (R -1 B)
COMPREHENSIVE PLAN: Main Street Corridor
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
(X) CASE FILE & PACKET MATERIALS
Location Map — please see page 2
Planning Commission
Case WZ- 12- 04/38 Avenue Rezoning
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Planning Con
Case WZ-12-04/38"' Avenue Rezomil"
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All notification requirements have been met; therefore, there is jurisdiction to hear this case
I. REQUEST
On July 9, 2012 City Council adopted a resolution to initiate the rezoning of the properties located
along West 38` Avenue, roughly between Sheridan and Wadsworth, to the Mixed Use - Neighborhood
(MU -N) zone district (Exhibit 1, City Council Resolution).
The proposed rezoning area includes multiple properties and is sized approximately 100 acres (Exhibit
2, Legal Description and Map).
II. EXISTING CONDITIONS
38` Avenue is an east -west arterial street that is bordered by residential neighborhoods to the north
and south. The area to be rezoned, between Wadsworth and Sheridan, contains a mix of commercial
and residential land uses. At the east end, Sheridan Boulevard is the border between Wheat Ridge and
Denver. To the west is Wadsworth Boulevard, a major regional arterial, and the Wadsworth Town
Center area.
The property to be rezoned includes 160 properties. The properties in the rezoning area contain a wide
range of land uses including restaurant/retail, service, office, multifamily and some single family
residential.
Existing Zoning
The existing zoning is primarily commercial but includes many zone districts: Neighborhood
Commercial (N -C), Restricted - Commercial (R -C), Commercial -One (C -1), Commercial -Two (C -2),
Planned Commercial Development (PCD), Planned Mixed Use Development (PMUD), and
Residential -Three (R -3). There are a few properties with lower density residential zone districts:
Residential -Two (R -2), Residential -One A (R -IA), and Residential -One B (R -1B).
Surrounding Zoning and Land Uses
The proposed rezoning area is surrounded by both commercial and residential zoning. To the west, the
area is bordered by commercial and mixed use zoning on Wadsworth. To the east, there is a mix of
commercial and residential zoning on Sheridan. The north and south boundaries of the rezoning area
are bounded by low and high- density residential zone districts. The majority of the residential areas to
the north and south contain single- and two - family homes but there are some multi - family properties
adjacent to the rezoning area, especially to the south.
III. PROPOSED ZONING
The City is proposing that the subject property be rezoned to Mixed Use - Neighborhood (MU -N), a
zone district intended for neighborhood commercial corridors that is intended to support mixed use
development. It allows for commercial and neighborhood serving retail uses, as well as residential
uses (including single family, two family, and multi - family). The proposed zoning is consistent with
the City's adopted plans for the 38` Avenue corridor.
Planning Commission
Case WZ -12- 04/38 "' Avenue Rezoning
Comprehensive Plan and Corridor Plan
Comprehensive Plan
Envision Wheat Ridge, the Comprehensive Plan adopted in 2009, establishes 38` Avenue as the
City's Main Street. It identifies the street, between Sheridan and Wadsworth, as one of five priority
redevelopment areas and notes that the existing "checkerboard" zoning is a challenge to
redevelopment. The plan calls for a subarea, or corridor plan, to be developed for 38` Avenue to
develop specific recommendations related to land use, urban design, and economic development.
Corridor Plan
The 38` Avenue Corridor Plan, adopted in 2011, establishes a vision for the revitalization of the
corridor into a mixed use main street. The vision statement in the plan states:
"West 38` Avenue between Sheridan and Wadsworth is a safe, vibrant, and diverse corridor in
Wheat Ridge with a strong identity and robust commercial and residential markets. The corridor
has identifiable sub - districts with its Main Street being a source of community pride and a primary
destination for city residents and visitors. In the year 2030, people of all ages and abilities live,
work, learn, shop and play along 38` Avenue."
The Corridor Plan's Land Use and Urban Design Recommendation 4.3 -1 calls for rezoning the street
to mixed use zoning in order to remove the outdated patchwork of zoning and to establish zoning that
supports the vision for a mixed use main street. The plan recommends MU -N as the most appropriate
zone district to fulfill this goal.
Mixed Use - Neighborhood (MU -N) District
The MU -N zone district is intended for neighborhood main streets and commercial corridors. It
encourages medium - density mixed use development. It allows for neighborhood - serving commercial
and retail uses, as well as residential and civic land uses.
Allowed Uses
The MU -N zone district allows a range of commercial, retail, civic, and residential uses. The current
commercial and residential zone districts on 38` Avenue contain regulations that make mixing land
uses (such as live -work units or a mixed use building with retail on the ground floor and apartments
above) very difficult to achieve. Under the MU -N zoning, these restrictions would be removed.
The MU -N zoning does contain several conditional uses, which are uses that are more likely to impact
adjacent properties. These conditional uses include car repair, drive - through uses, gas stations, and
large -scale retail uses (over 60,000 GSF in size). Conditional uses require an additional administrative
review, through a Conditional Use Permit (CUP), to ensure that the building and site design have as
few negative impacts as possible. Gas stations and drive - through uses also have separation
requirements to ensure that they do not dominate one particular area.
Building Height and Density
The MU -N zone district matches the height and density restrictions contained in the City Charter. For
residential density, the limit is 21 units per acre. For building height, buildings with residential uses
may not exceed 35 feet and all other buildings may not exceed 50 feet.
Open Space Requirements
Under the MU -N zoning, 15% of the net development area must be open space for single -use
development. Mixed -use development has a 10% open space requirement. At least 75% of all open
space must be usable open space, such as parks and plazas.
Planning Commission
Case WZ- 12-04/3 8' Avenue Rezoning 4
Residential Transitions
In an effort to protect existing residential neighborhoods, the MU -N zone district contains specific
requirements for new development that is adjacent to residential uses. Where any parking lot or drive -
thru abuts a lot that has a residential use, screening must be provided (including a 6 -foot tall wall /fence
or hedge and a 6 -foot wide landscaped buffer). For any new building that is adjacent to a lot with a
single- or two - family residential use that has residential or agricultural zoning, the following
regulations apply:
• A minimum 10 -foot wide landscape buffer for 1 -2 story buildings. The buffer must be 15 feet
wide for a 3 story building, and 20 feet wide for buildings 4 stories or taller.
• In addition to the landscaped buffer, buildings over 2 stories must step the upper floors back an
additional 5 feet per story for the 3` and 4` stories.
• Any portion of a building within 100 feet of a residential use may not be taller than 4 stories
(except where an arterial or collector street separates the new building from the residential
use).
Architectural Standards
With the goal of ensuring high- quality development, the MU -N zone district contains architectural
standards. The design standards include:
• Requirements for fagade articulation and material variation.
• A build -to requirement that places buildings close to the street, with parking at the side or in
the rear.
• Transparency requirements at the ground floor to help create active and interesting ground
floor facades.
• Screening and placement requirements for drive - throughs.
• Screening requirements for utilities and loading areas.
Process
Outreach to Property Owners
Outreach to property owners regarding mixed use zoning started in the spring of 2010, when the City
was working on the content of the mixed use code. In April 2010, the City hosted a Mixed Use Zoning
Forum for 38 Avenue. Based on survey results from that meeting, which included property owners,
business owners, and residents who live close to the street, there was 87% interest in a City- initiated
rezoning to mixed use. At the time, the City chose to delay a legislative rezoning until the 38` Avenue
Corridor Plan was complete.
Once the Corridor Plan was adopted, staff, per the direction of City Council, re- initiated outreach to
property owners on the topic of the rezoning. At this time, a specific rezoning area was developed
based on the following criteria:
- Property has frontage on 38` Avenue
- Property does not front on 38` Avenue, but is in the 38` Avenue Urban Renewal Area
- Property does not front on 38` Avenue, but currently has commercial zoning and touches a
property that does front 38` Avenue
- Does not create split- zoning for the same property
- Include commercially -zoned residential properties that are adjacent to rezoning area and will
become conforming under the MU -N zoning
Planning Commission
Case WZ- 12 -04/38 Avenue Rezoning
Using these criteria, staff developed a rezoning area and contacted all property and business owners in
that area via two targeted mailings. First, 164 property owners and 182 businesses with active business
licenses in the area were notified by mail of an informational meeting regarding the potential rezoning.
The meeting was held on April 11 and approximately nine people attended. City staff gave a
presentation about the proposed zoning and the process for a City- initiated rezoning. There were
several questions from the meeting attendees about how the proposed zoning would impact their
property, especially for car repair and car sales businesses in attendance.
Second, on April 10, 2012, staff mailed a feedback form to all 164 property owners and 182 business
owners. The form included a map of the proposed rezoning area, information on why the City is
considering a rezoning, and asked for a response within 30 days. Of the surveys received, 73% of
property owners said that they would like to be included in the rezoning, 18% (6) said that they would
not, and 9% (3) said that they were undecided. Per the direction of City Council, staff contacted all of
those who responded negatively or undecided to ensure that they had the correct information. After
that outreach, three property owners still did not want to be rezoned. These three properties are not
included in the rezoning area.
Based on input from City Council, the rezoning ordinance also includes an option for property owners
to request removal from the rezoning area within 30 days after the adoption of the ordinance (Exhibit
3, Proposed Ordinance).
All property owners within the rezoning area were also notified by mail of the neighborhood meeting
on August 8 and recently received a letter notifying them about the public hearing dates for both
Planning Commission and City Council.
Code- Required Process for Comprehensive City- Initiated Rezonings
Section 26 -113 of the Wheat Ridge Zoning Code allows the City to initiate rezonings with or without
consent of affected property owners. The first step in the process is for City Council to adopt a
resolution that indicates the proposed area to be rezoned and states the intended purpose of the
rezoning. This was completed on July 9, 2012.
The next step is for the City to hold a neighborhood meeting, to which any property owner within 600
feet of the site is invited. The City held a neighborhood meeting on August 8, 2012 (Exhibit 4,
Neighborhood Meeting Notes). Meeting attendees asked a variety of questions about how the MU -N
zoning would impact the corridor and surrounding neighborhoods.
After the neighborhood meeting, the proposed rezoning must go to a public hearing before Planning
Commission, who shall make a recommendation to City Council to approve, approve with
modifications, or deny the rezoning proposal. The Commission's recommendation shall be based on
the facts presented in the public hearing in consideration of the criteria for review specified in Section
26 -112D, and contained below under "Zone Change Criteria."
Upon receipt of the Planning Commission's recommendation, the City Council shall hold a public
hearing on the proposal and shall vote to approve, approve with modifications, or reject the proposal.
Planning Commission
Case WZ- 12- 04/38`' Avenue Rezoning 6
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in section 26- 122.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone promotes the health, safety, and general welfare of the community and will not
adversely affect the surrounding area. The new zoning is not anticipated to allow uses that are more
intensive than the existing zoning allows. The MU -N zoning contains required residential transitions
for new development that will help protect the character of these neighborhoods. Any proposed new
development will be reviewed for traffic impacts and drainage through the required Site Plan review
process. More intensive uses, such as car repair and drive throughs, would have to obtain a
Conditional Use Permit (CUP) to evaluate site design and impacts on the surrounding area.
Staff concludes that this criterion has been met.
2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are
under capacity.
Prior to new development under the MU -N zoning, a Site Plan Review application will be required.
This application will include a referral to all impacted utility agencies. In the event that current
capacity is not adequate, utility upgrades will be required when the future development scenario is
known.
Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one (1) of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related
policies or plans for the area.
The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan
and the 38` Avenue Corridor Plan. Both plans call for creating a Main Street with a mix of uses,
including commercial and residential, that will activate the street and encourage redevelopment.
The proposed MU -N zoning, which encourages mixed use development and contains design
standards, directly fits with these goals.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City
of Wheat Ridge is in error.
Planning Commission
Case WZ- 12- 04/38' Avenue Rezoning 7
There is no known error in the existing recorded zoning.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
The 38 Avenue corridor has seen significant change over the past few decades. Underutilized
land and vacancies led City Council and Urban Renewal Authority to adopt the 38 Avenue
Corridor Redevelopment Plan, which designated an Urban Renewal Area on the corridor in 2001.
More recently, 38 Avenue has been the target area for major City investments in the form of a
lane reconfiguration and beautification project, as well as funding to develop a branding/marketing
strategy to capture new growth along the corridor. The proposed MU -N zoning is intended to
complement these efforts to revitalize the street and encourage redevelopment of the corridor.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
V. STAFF CONCLUSION & RECOMMENDED MOTIONS)
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff concludes
that adequate infrastructure exists and will be upgraded as required by future development
applications. Staff further concludes that the zone change is consistent with the Comprehensive Plan
and the 38 Avenue Corridor Plan. Finally, staff concludes that a change of character has occurred in
the area and it is in the public interest to encourage redevelopment of the corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of this request.
OPTION A:
"I move to recommend APPROVAL of Case No.WZ- 12 -04, a request for a City- initiated zone change
to Mixed Use - Neighborhood for properties located on 38 Avenue between Sheridan and Wadsworth
for the following reasons:
1. The proposed zone change promotes the health, safety, and general welfare of the community
and will not result in a significant adverse effect on the surrounding area.
2. Adequate infrastructure exists and will be upgraded as required for specific development
applications.
Planning Commission
Case WZ- 12- 04/38 Avenue Rezoning 8
3. The change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan and
38` Avenue Corridor Plan.
4. A change of character in the area has occurred so that it is in the public interest to encourage
redevelopment of the area."
OPTION B:
"I move to recommend DENIAL of Case No.WZ- 12 -04, a request for a City- initiated zone change to
Mixed Use - Neighborhood for properties located on 38` Avenue between Sheridan and Wadsworth for
the following reasons:
2
3. 11
Planning Commission
Case WZ -12- 04/38 Avenue Rezoning 9
EXHIBIT l: CITY COUNCIL RESOLUTION
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 35
Series 2012
TITLE: A RESOLUTION BEGININNING A CITY- INITIATED
COMPREHENSIVE REZONING OF PROPERTIES LOCATED
ON W. 38 AVENUE APPROXIMATELY BETWEEN SHERIDAN
AND WADSWORTH TO MIXED USE — NEIGHBORHOOD
WHEREAS, the Envision Wheat Ridge comprehensive plan was adopted
in 2009 and the 38` Avenue Corridor Plan was adopted in 2011, and
WHEREAS, both plans recommend that the 38'" Avenue corridor
redevelop over time with mixed use development that supports the vision for a
Main Street, and
WHEREAS, the existing zoning designations along the corridor are
generally commercial, including a predominance of Commercial — One (C -1),
which allows only limited residential development, and
WHEREAS, rezoning the properties on the corridor to Mixed Use —
Neighborhood (MU -N) would support the City's goals for redevelopment of the
corridor in a mixed use development pattern, and
WHEREAS, Section 26 -113 of the Code of Laws requires City Council to
begin the process of city- initiated rezonings by adopting a resolution doing so
and referring the matter to the Planning Commission for a public hearing, which
would be preceded by a neighborhood meeting
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Wheat Ridge, Colorado, as follows:
A The City Council hereby initiates a rezoning of properties located
on W. 38' Avenue approximately between Sheridan and
Wadsworth to Mixed Use - Neighborhood (MU -N).
DONE AND RESOLVED THIS 9 Day otJuly 2012. ,
J�r47 DiTullio, Mayor
ATTEST:
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.W elle Shaver, City Clerk U SEAL "
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Planning Commission
Case WZ- 12- 04/38'' Avenue Rezoning
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EXHIBIT 3: PROPOSED ORDINANCE
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO.
ORDINANCE NO.
Series 2012
TITLE: AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF
PROPERTY ALONG WEST 38 AVENUE BETWEEN SHERIDAN
AND WADSWORTH TO THE MIXED USE - NEIGHBORHOOD (MU-
N) ZONE DISTRICT (CASE NO. WZ- 12 -04)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26-
113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and
WHEREAS, the City Council of the City of Wheat adopted a resolution on July 9, 2012
initiating the rezoning of property located along 38 Avenue to Mixed Use - Neighborhood
(MU-N) and
WHEREAS, the Envision Wheat Ridge comprehensive plan was adopted in 2009 and
the 38 Avenue Corridor Plan was adopted in 2011; and
WHEREAS, both plans recommend that the 38 Avenue corridor redevelop into a
mixed use main street with commercial, retail, and residential uses; and
WHEREAS, the existing zoning designations in this area are outdated and make
mixed use development difficult to achieve; and
WHEREAS, the rezoning of the property to Mixed Use- Neighborhood (MU -N) would
support City's adopted policies for the corridor to redevelop over time with a mix of uses; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on
September 6, 2012 and voted to approval of rezoning to Mixed Use -
Neighborhood (MU -N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1: Pursuant to the findings made based on testimony and evidence presented at the
public hearing before the Wheat Ridge City Council, Mixed Use - Neighborhood (MU -N)
zoning is approved for the following land:
Planning Commission
Case WZ- 12- 04/38'' Avenue Rezoning
12
The area located generally along West 38 Avenue between Sheridan and Wadsworth, as
shown on the map below. The area to be rezoned includes adjacent right -of -way, extending
to the centerline of that right -of -way.
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Section 2: Approval of this zoning does not create a vested property right. Vested property
rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of
Laws of the City of Wheat Ridge.
Section 3: Safety Clause The City 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 objective sought to be attained.
Section 4: Severability; Conflicting Ordinances Repealed If any section, subsection or
clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections and clauses shall not be affected thereby. All
other ordinances or parts of the ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 5: Effective Date This Ordinance shall take effect 30 days after final publication,
as permitted by Section 5.11 of the Charter. Prior to said effective date, any owner of real
property within the area rezoned described in Section 1 hereof may request that his or her
property be removed from the area rezoned. Such request shall be in writing, shall describe
with particularity the property requested to be removed from the area rezoned, shall be
signed by all owners of record of said real property, and shall be delivered to the Director of
Community Development. Upon receipt of a proper, signed request within the time period
Planning Commission
Case WZ- 12- 04/38 Avenue Rezoning
13
specified in this Section 5, said property shall be removed from the area rezoned and shall
retain the zone designation applicable to it prior to the passage of this Ordinance.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this th day of , 2012, ordered it published with Public Hearing and consideration of
final passage set for Monday, th, 2012 at 7:00 p.m., in the Council
Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 30 days
after final publication
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2012.
SIGNED by the Mayor on this day of 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript:
Effective Date:
Planning Commission
Case WZ- 12- 04/38 °i Avenue Rezoning
14
EXHIBIT 4: NEIGHBORHOOD MEETING NOTES
City of
"�
� Wh6atl dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846
NEIGHBORHOOD MEETING NOTES
Meeting Date:
August 8, 2012
Attending Staff:
Kenneth Johnstone, Community Development Director
Sarah Showalter, Planner II
Lauren Mikulak, Planner I
Location of Meeting:
City of Wheat Ridge Municipal Building
7500 W. 29 Avenue
Wheat Ridge, CO 80033
Land Use Proposal:
City- initiated rezoning of W. 38`
Avenue to Mixed Use -
Neighborhood (MU -N)
Attendees:
Gene Wallachy
James Johnson
Cathy Fonk
Larry Disher
Cletus Kaup
Earl Wonning
Marcella Kaup
Britta Fisher
Gladys Leonardi
Bill Cosselmon
Deb Ogden
Paul Slingsby
Justen Ogden
Bea Slingsby
Caroline Mallory
Tom Lix
Choc Kettering
Gary Goodnight
Pamela Sixta Matthews
Chris Boardman
Ellen Goodnight
Judy Thornton
Philip Czajkowski
Sam Ciotola
Judy Wonning
Steve Dyer
Rob McLeod
Daniel Feimster
Rene Redford
Todd
Margaret Gese
Jill Farnham
Pat Huizinga
A.J. Barron
Glick Huizinga
Jean Nations
Dan Huizinga
Pete Croonquist
Denise Balkas
B.J. Dores
Planning Commission
Case WZ- 12- 04/38` Avenue Rezoning
15
Existing Zoning: Neighborhood Commercial (N -C), Restricted Commercial (R -C),
Commercial -One (C -1), Commercial -Two (C -2), Planned
Commercial Development (PCD), Planned Mixed Use
Development (PMUD), Residential -Three (R -3), Residential -Two
(R -2), Residential -One A (R -IA), and Residential -One B (R -1B).
Comprehensive Plan: Main Street Corridor; Neighborhood Commercial Corridor;
Neighborhood Buffer; Primary Gateway
Existing Site Conditions: The proposed area for rezoning encompasses approximately 100 acres and
160 properties along 38` Avenue between Sheridan and Wadsworth. The properties that compose the
rezoning area consist of a wide range of commercial and residential uses. The existing zoning is
primarily commercial but includes many zone districts: Neighborhood Commercial (N -C), Restricted -
Commercial (R -C), Commercial -One (C -1), Commercial -Two (C -2), Planned Commercial
Development (PCD), Planned Mixed Use Development (PMUD), and Residential -Three (R -3). There
are a few properties with lower density residential zone districts: Residential -Two (R -2), Residential -
One A (R -IA), and Residential -One B (R -1B). The properties in the rezoning area contain a wide
range of land uses including restaurant/retail, service, office, multifamily and some single family
residential.
Applicant/Owner Preliminary Proposal: The proposal is a City- initiated, comprehensive rezoning
of the 38"' Avenue corridor. 38` Avenue is designated in the City's plans as the main street for Wheat
Ridge. The Comprehensive Plan, Envision Wheat Ridge, identifies the street as one of five priority
redevelopment areas in the City. In October 2011, the City adopted the 38` Avenue Corridor Plan,
which contains a detailed strategy for revitalizing the corridor into a vibrant main street with a range
of uses, including commercial, retail, and residential. One of the major recommendations in the
Corridor Plan is to rezone 38` Avenue to the Mixed Use - Neighborhood (MU -N) zone district. This
zoning is intended for neighborhood commercial corridors. It allows for commercial and
neighborhood serving retail uses, as well as residential uses (including single family, two family, and
multi - family). The zoning would enable the quality, mixed -use development envisioned for the
corridor over time. On July 9, 2012, City Council adopted a resolution to initiate the rezoning of 38
Avenue.
The following is a summary of the neighborhood meeting:
Staff presented a 30- minute overview of the proposal. The presentation addressed the following
topics:
o Purpose of the neighborhood meeting
o History of the formation of the four mixed use zone districts
o History of the City's planning efforts along the corridor, including Envision Wheat
Ridge and the 38` Avenue Corridor Plan
o Overview of the current zoning and proposed rezoning area
o Explanation of the criteria used to establish the proposed rezoning boundary
o Overview of the Mixed Use - Neighborhood zone district, including: allowable uses,
architectural standards, and residential buffers and transitions
o Overview of the rezoning process
o Overview of the site development process (assuming MU -N zoning is approved),
including the concept plan and site plan review procedures
Planning Commission
Case WZ- 12- 04/38`' Avenue Rezoning
16
Staff informed attendees of the anticipated Planning Commission and City Council public
hearings. The hearings are required parts of the rezoning process at which members of the
public will be able to comment on the proposal. Staff anticipates public hearings in September
and October, and official notification of the public hearing dates will be posted on the City
website and in the Transcript newspaper.
The following issues were discussed regarding the rezoning proposal:
• Since there is only one vacant lot on the corridor [at Depew and 38` how does the zoning help
the whole corridor?
It's true that there is very little undeveloped land on the corridor, but there are also vacant and
aging buildings throughout the corridor. The zoning will not only affect the development of the
vacant parcel, but it will also affect future tenants of existing buildings. The MU -N zoning will
give more flexibility for future tenants, and it will also allow rehab of buildings to become
mixed use with commercial and residential tenants. The MU -N zoning will be more attractive
to new businesses despite there being very little vacant land.
Does the rezoning process overrule existing covenants?
The city does not enforce private covenants, so the zoning is not affected. Whoever enforces
the covenants (such as an HOA) could absolve the covenants or theoretically challenge a new
use in court.
• The MU -N zone district has lower parking ratios than the current zoning. What does that mean?
Standard commercial zone districts such as C -1 and R -C ask for lots off - street parking and the
MU -N district relaxes that standard. Many properties on 38 Avenue are small parcels, and
current standards are a burden because the sites cannot accommodate large off-street parking
lots and still have space a business. The MU -N zoning will allow reduced parking
requirements where bike parking is provided and where there is adjacent on- street parking on
W. 3? Avenue.
It should be noted that the reduced parking standards are not applicable to all use categories.
The standards have been primarily relaxed for retail and restaurant uses. Schools, hospitals,
and other higher - intensity uses will still need to provide sufficient off - street parking. [There
was discussion of specific parking issues related to existing businesses; Sarah offered to talk to
residents off -line regarding existing parking complaints that may be handled through Code
Enforcement.]
• Over the last 45 years, I've seen lots of changes on W. 38"' Avenue —how long will this effort
last?
Staff appreciates that there have been lots of different planning initiatives over the years. The
recently adopted corridor plan sets a framework for the street for the next 20 years. Zoning is
actually one of the more permanent features of W. 39 Avenue —most of the zoning that is in
place today has been in place since at least the 1974s. Staff hopes that the MU -N zoning
would likewise stay in place long enough to result in changes to the uses and buildings on the
corridor.
Planning Commission
Case WZ- 12- 04/38` Avenue Rezoning
17
There is momentum amongst the Leadership Committee and there are 14 new businesses that
have opened on 38' Avenue this year alone. Staff is hopeful the momentum continues and the
zoning will be an integral part in continuing to attract new uses to the corridor.
How will the reconfiguration of the road and the presence of bike lanes affect snow removal in the
winter? I'm afraid it will cost the City more money.
While not related to the zoning of private property, the issue of snow removal was raised by the
Leadership Committee early in the process. The committee has met with the Public Works
Department to develop a strategy. In the case of a snow event, there are two options: pile the
snow or remove the snow. Because snow removal and transport is costly, snow will be plowed
into a designated on- street parking space. Large snow events may result in the temporary loss
of on- street parking spaces until the snow pile has melted.
• How will zoning impact street intersections?
While everything on 3e Avenue is connected and affects the experience of the corridor —such
as street design, building and site designs, businesses, and land uses zoning only dictates
how you can use and develop private property. Zoning has no impact on street design.
What has been the reaction to the street redesign?
We have received lots of comment including positive and negative feedback. Out of respect for
people's time, please limit comments to the proposed rezoning and we can discuss the street at
the end of the meeting or privately.
• What are the requirements for landscaping next to the street and sidewalk?
The zoning requires landscaping between the sidewalk and a parking area, but not necessarily
between the sidewalk and a building. A different document —the Streetscape Design Manual —
has requirements for landscaping between the street and the sidewalk. This area is called the
tree lawn and a good example is adjacent to the new Chase Bank near 38 and Vance. When
• building expands by 50% or more, or when a site is completely redeveloped, the tree lawn is
• required improvement.
The goal seems to be to make 38` Avenue a more vibrant area with more vibrant businesses, but
there are large areas on 38` that are pretty set in stone —for example, some office buildings, and
the tall Highlands apartment, and nursing homes. How will those areas change and how do you get
consistency from Sheridan to Wadsworth?
Consistent zoning on the corridor is the best hope for a consistent physical environment, but
we do recognize that it will not mean everything changes. The City - initiated zone change
paves the way for private development to initiate change. The City cannot force existing
structures to come into conformance with the MU -N zoning; we cannot incentivize investment
through zoning, but we have other economic development tools for that purpose.
Existing uses such as Highlands South are integral parts of the corridor that provide density
and residents to support local businesses. The corridor plan recognizes that the entire street
will not be the exact same, and for that reason the plan breaks the street into three districts: a
main street district, a residential district, and a more traditional commercial district on the
east end. While the uses and densities and buildings may vary the MU -N zoning
accommodates all three districts.
Planning Commission
Case WZ- 12-04/3 8' Avenue Rezoning
18
• I live on 38` Avenue in a single family home that is zoned Restricted Commercial (RC). What is
the benefit to me to rezone to MU -N?
A single family home zoned RC is currently considered a legal nonconforming use because the
zoning doesn't allow for new single family homes. In the MU -N district a single family home is
a permitted use, so by rezoning you would become a legal and conforming use which is
considered a benefit.
How does the zoning affect neighborhood restaurants or liquor laws?
The zoning encourages restaurant uses, but does not affect liquor licensing. The City has a
Council- appointed Liquor License Authority that reviews and approves liquor license requests.
Several new licenses have been issued lately, but again neither the current nor the proposed
zoning has an impact on that process.
Assuming the corridor is rezoned, what is the City's position when a residential property owner is
approached by a commercial developer but doesn't want to sell?
The City has no role in a private negotiation or land transaction. If a commercial developer
comes to the City looking for property, we can try to help match them with a willing seller.
• Is my property in the rezoning area?
Sarah offered to look at the large scale map with anyone trying to determine if they are within
the proposed rezoning area.
If the zoning changes is the City going to look for businesses to relocate to 38` Avenue?
Regardless of the zoning, the City's Economic Development Manager is always looking to
attract businesses to 38'" Avenue and to all parts of Wheat Ridge. The MU -N zoning will likely
be more attractive to potential businesses and developers because it is more predictable and
more flexible in terms of permitting residential and commercial uses.
Will the neighborhood have input regarding which new businesses come to 38` Avenue?
Businesses open and close on a daily basis throughout the city, and there is typically no public
review. In the mixed use districts, most site approvals are administrative. There is an
opportunity for public input if a development site is 10 acres or larger. This will be a rare
occurrence on 3e Avenue but is possible if someone assembles land.
• Where can I find the descriptions of other zone districts?
Descriptions ofall zone districts are available on the City's website ( www.ci.wheatridge. co. us)
on the Community Development Department's "Zoning" webpage. Citizens may also contact
the department or Sarah directly.
• The handouts say that a conditional use is reviewed by the Community Development Director for
impacts such as gas, noise, etc? There is shooting range on 38` Avenue already that I can hear
constantly from my house. Is there anything that you can do about that noise?
It sounds like there could be nuisance issues. For an existing business that is generating noise,
the Police Department enforces and monitors noise nuisance and impacts and you could
contact their code enforcement o1ficers.
Planning Commission
Case WZ -12- 04/38`" Avenue Rezoning
19
• Are the recent physical changes to 38` Avenue permanent and will there be additional public
meetings?
The changes along 38' Avenue are considered a pilot project that will be in place and
monitored for a period of about 12 to 18 months. At that point, staff, City Council, and the
Leadership Committee among others will assess what worked and what didn't work related to
the street design. If the community wants permanent changes related to the street design, there
will be additional public meetings and financing will be a major consideration.
While the street changes and the zoning are both recommendations of the 38'" Avenue
Corridor Plan, they are not related. The proposed rezoning does not affect the street design.
To whom can I give comment regarding the street design?
For more information or to provide comment, you may contact Sarah Showalter or Mark
Westberg.
• What is the grandfathering policy? Can an auto repair shop be sold and reopen?
A few existing uses such as auto sales with outdoor display lots, auto repair with overnight
outdoor parking of vehicles, and car washes —would be legally nonconforming under the
proposed zoning. Legally nonconforming means that the use legally existed prior to the
rezoning but is not allowed under the new MU -N zoning.
Legally nonconforming uses are "grandfathered " in, meaning that they can remain in place
and are granted the following protections: they are allowed to remain in existence and transfer
ownership; they are allowed to rebuild if damaged; and they are allowed to expand by up to
25 %. The right to a nonconforming use is lost if the use is discontinued for 12 or more
consecutive months.
• Will the zone change affect property taxes?
Property taxes are assessed by the Jefferson County Assessor, and there is no correlation
between the zoning of a property and the assessed value. If investments are made under the
MU -N zoning on a property, then the improvements may have an effect on taxes. Likewise, if
the corridor revitalizes as a whole then property values may raise as the market goes up.
I like the idea of having a tree lawn and landscaping between the street and the sidewalk. Will the
citizens be taxed to install something like that?
The Streetscape Design Manual is the document that outlines landscaping requirements
between the street and the sidewalk. When a building expands by 50% or more, or when a site
is completely redeveloped, the tree lawn is a required improvement which the developer must
install.
If the community wants a corridor wide installation of a permanent tree lawn and landscaping,
that would be part of permanent improvements after the pilot project. This would require
public meetings and financing would be a major consideration. If, for example, a tax initiative
was proposed to fund street improvements, it would have to be approved by the voters as a
ballot initiative.
In addition to the questions raised at the meeting, staff also received a few emails or phone
calls from neighbors in the surrounding areas. These consisted of questions about the intent of
Planning Commission
Case WZ- 12- 04/38 Avenue Rezoning
20
the rezoning as well as one email in support of the rezoning.
Planning Commission
Case WZ- 12- 04/38` Avenue Rezoning
21
City of
" W heat jidgc
COMMUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Lauren Mikulak
DATE OF MEETING: September 6, 2012
CASE NO. & NAME: WZ -12 -05 / Three Acre Lane
ACTION REQUESTED: A City- initiated rezoning to the Mixed Use - Commercial (MU -C) zone district for
the property located at 7750 Three Acre Lane
LOCATION OF REQUEST: 7750 Three Acre Lane
APPROXIMATE AREA: 49,995 Square Feet (1.15 Acres)
PRESENT ZONING: Residential -Three (R -3)
COMPREHENSIVE PLAN: Mixed Use Town Center / Neighborhood Buffer
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
LOCATION MAP
SITE
Case No. WZ -12 -05 / Three Acre Lane
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST
On July 9, 2012 City Council adopted a resolution to initiate the rezoning of a property located at 7750
Three Acre Lane to the Mixed Use - Commercial (MU -C) zone district M.
The proposed rezoning area includes one parcel which was inadvertently excluded from the July 2011
rezoning of the Wadsworth corridor to MU -C. The subject parcel is 1.15 -acres and is currently
undeveloped
II. BACKGROUND / EXISTING CONDITIONS
Background
The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan
(2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard. In particular,
the plans call for a mixed -use town center along Wadsworth between W. 38` and W. 44` Avenues,
with a variety of retail, commercial, civic, and residential uses.
To this end, the City rezoned properties along the Wadsworth corridor to Mixed Use - Commercial
(MU -C) in July 2011 after a series of public meetings and hearings. The rezoning boundary was
intended to include all parcels within the Wadsworth urban renewal area, consistent with a 2009
charter amendment which exempts these urban renewal properties from certain height and density
caps.
The parcel at 7750 Three Acre Lane was inadvertently left out of the city- initiated zone change. Staff
discovered the omission when an agent contacted the City regarding development options for the property.
The Wadsworth Urban Renewal Plan, originally adopted in 2001, indicates that that the subject
property is definitively included in the urban renewal area (URA). At some point in the last 10 years,
however, a digital boundary file of the URA was incorrectly drawn, did not include the subject parcel,
and resulted in the property not being rezoned in 2011
Staff met with the property owner to explain the error, and the owner has requested that the subject
parcel be rezoned to MU -C, as was originally intended. A city- initiated rezoning of the parcel will
correct the omission, increase development opportunities for the property, and fulfill the original intent
of the corridor rezoning.
Existing Conditions
The property at 7750 Three Acre Lane is currently zoned Residential -Three (R -3), a zone district
which provides for high quality, safe, quiet and stable medium to high- density residential
neighborhoods.
The R -3 zone district allows for single -, two -, and multi - family housing, but does not allow for
commercial uses. Building height is limited to 35 feet, and residential densities are limited to one
dwelling unit per 3,630 square feet of land area —or about 12 units per acre. The property is located in
the Traditional Overlay of the Architectural and Site Design Manual. All new development would be
Case No. WZ -1Z -05 /Three Acre Lane 2
subject to the standards of the ASDM including requirements related to build -to areas, parking
placement, screening, and building design.
The surrounding properties include a variety of land uses and zoning designations. To the north and
west are properties zoned Residential -Two (R -2) containing single- and two - family homes. To the
south and east are properties zoned Mixed Use - Commercial (MU -C). The properties to the south
include multi - family residential apartments; the properties to the east are commercial uses including a
recycling center, feed and pet supply business, and offices.
This land use pattern is common along the Wadsworth corridor 11W Zora. Most of the
properties which were rezoned to MU -C in 2011 are also oriented such that they abut commercial uses
on one side and residential on the other.
III. PROPOSED ZONING
The City is proposing that the subject property be rezoned to Mixed Use - Commercial (MU -C) as was
originally intended. The MU -C zone district allows for a wider range of uses — including residential,
commercial, and civic —and encourages mixed use development. The proposed zoning corrects a past
error and is consistent with the City's adopted plans for this area.
The following table compares the existing and proposed standards that apply to the subject property.
Case No. WZ -12 -05 /Three Acre Lane
R-3 with ASDM
Mixed Use-Commercial
(Assumes multi-family
Building Height
Minimum
20 feet
No minimum
Maximum
6 stories (90') for mixed use*
35 -foot maximum
4 stories (62') for single use
*height is limited to 4 stories within 100
feet of the residential properties to the
north and west
Build -to Area (at.
front property lin
0-20
0 – 12'
(50% of the build -to area shall contain
(60% of the build -to area shall
building mass)
contain building mass)
Setbacks
Rear setback
5 feet
15 feet
Side setback, ea
0 feet (adjacent to commercial)
15 feet
Side setback, wes
I story= 10 feet (adjacent to residential)
15 feet
2 story = 10 feet
3 story = 15 feet
_
4 story or more = 20 feet
Case No. WZ -12 -05 /Three Acre Lane
Given the location of the subject property and adjacent low- density residential development, it should
be noted that the MU -C zone district includes standards related to residential transitions which make
the zone district more appropriate in transitional areas. To protect existing residential neighborhoods,
the following regulations apply for new MU -C development adjacent to single -or two- family:
• Screening is required wherever a parking lot abuts a residential use, including a 6 -foot
fence /wall or a hedge with a 6 -foot landscape buffer.
• A minimum 10 -foot wide landscape buffer for 1 -2 story buildings. The buffer is increased to
15 or 20 feet for 3- or 5- story buildings, respectively.
• In addition to a landscape buffer, buildings over 2 stories must provide a 5 -foot step back for
each additional upper floor.
• Any portion of a building within 100 feet of a residential use (such as to the north and west of
the subject lot) may not be taller than 4 stories.
Process
Section 26 -113 of the zoning code authorizes the City to initiate a rezoning of private property and
establishes a process for doing so. The first step in the process was for City Council to adopt a
resolution indicating the area to be rezoned —this occurred on July 9, 2012.
The second step in the process was to hold a neighborhood meeting for all property owners within 600
within a 600 -foot radius of the property. The City held this meeting on July 25, 2012 and a summary
of the meeting is attached
At a public hearing, the Planning Commission will make a recommendation to City Council to
approve, approve with modifications, or deny the rezoning proposal. The Commission's
recommendation shall be based on the facts presented at the hearing in consideration of the criteria for
review which are specified in Section 26 -112.E and analyzed below under "Zone Change Criteria."
Upon receipt of the Planning Commission's recommendation, the City Council will hold a public
hearing on the proposal and vote to approve, approve with modifications, or reject the city- initiated
zone change.
Case No. WZ -12 -O5 / Three Acre Lane
1
7Landscape / Ope
10% open space for mixed use
30% landscape for all uses
)
15% open space for single use
At least 65% must be living
At least 35% must be living
Lot Coverage
90% for mixed use
40%
(max)
85% for single use
Density (max)
No maximum density for multi - family
12 units per acre
development
(3,630 square feet per dwelling unit)
Architectural
Determined by mixed use code
Determined by Architectural and
Standards
Site Design Manual (ASDM)
Uses
Allows residential and commercial
Allows single -, two -, and multi -
development
family residential development
Given the location of the subject property and adjacent low- density residential development, it should
be noted that the MU -C zone district includes standards related to residential transitions which make
the zone district more appropriate in transitional areas. To protect existing residential neighborhoods,
the following regulations apply for new MU -C development adjacent to single -or two- family:
• Screening is required wherever a parking lot abuts a residential use, including a 6 -foot
fence /wall or a hedge with a 6 -foot landscape buffer.
• A minimum 10 -foot wide landscape buffer for 1 -2 story buildings. The buffer is increased to
15 or 20 feet for 3- or 5- story buildings, respectively.
• In addition to a landscape buffer, buildings over 2 stories must provide a 5 -foot step back for
each additional upper floor.
• Any portion of a building within 100 feet of a residential use (such as to the north and west of
the subject lot) may not be taller than 4 stories.
Process
Section 26 -113 of the zoning code authorizes the City to initiate a rezoning of private property and
establishes a process for doing so. The first step in the process was for City Council to adopt a
resolution indicating the area to be rezoned —this occurred on July 9, 2012.
The second step in the process was to hold a neighborhood meeting for all property owners within 600
within a 600 -foot radius of the property. The City held this meeting on July 25, 2012 and a summary
of the meeting is attached
At a public hearing, the Planning Commission will make a recommendation to City Council to
approve, approve with modifications, or deny the rezoning proposal. The Commission's
recommendation shall be based on the facts presented at the hearing in consideration of the criteria for
review which are specified in Section 26 -112.E and analyzed below under "Zone Change Criteria."
Upon receipt of the Planning Commission's recommendation, the City Council will hold a public
hearing on the proposal and vote to approve, approve with modifications, or reject the city- initiated
zone change.
Case No. WZ -12 -O5 / Three Acre Lane
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in section 26- 122.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the communitv and
will not result in a significant adverse effect on the surrounding area.
The change of zone promotes the health, safety, and general welfare of the community and will not
adversely affect the surrounding area. While the new zoning would allow for higher density
development on the now vacant lot, any proposed development will be reviewed for traffic impacts,
drainage, and buffering. Depending on the development scenario, it is possible that development of
the site could be equally intensive under either the exiting R -3 or the proposed MU -C zone district.
Any proposed development under the new MU -C zoning would be required to complete traffic and
drainage studies and to meet storm water drainage and water quality requirements. The development
standards and architectural controls of the MU -C zone district will support compatibility of future
development with surrounding land uses.
Staff concludes that this criterion has been met.
2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist or are
under capacity.
Prior to future development, a Site Plan Review application will be required. This application will
include a referral to all impacted utility agencies. In the event that current capacity is not adequate,
utility upgrades will be required when the future development scenario is known.
Staff concludes that this criterion has been met.
3. The Planning Commission shall also find that at least one (1) of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related
policies or plans for the area.
The proposed zoning is consistent with the policies and goals of the City's comprehensive plan —
Envision Wheat Ridge —and Wadsworth Corridor Subarea Plan. Both plans call for higher density
mixed use development along Wadsworth Boulevard and within the boundary of the urban renewal
area. The Comprehensive Plan calls for a quality, mixed use town center between W. 38` Avenue
and W. 44` Avenue, and Three Acre Lane is located centrally within that area.
Case No. WZ -12 -05 / Three Acre Lane
The proposed MU -C zoning encourages mixed use development and establishes specific design
standards, making it will be a critical tool for achieving the vision outlined in the City's long range
plans.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the City ,
of Wheat Ridge is in error.
While an inadvertent error occurred 2011, by excluding the parcel from the city- initiated zone
change of the Wadsworth Corridor, Staff has found no evidence of any error on the official zoning
maps. The subject parcel is currently zoned Residential -Three (R -3) as it appears on the City's
zoning map.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
The most notable change in the area was the July 2011 rezoning of the Wadsworth corridor to
MU -C which was intended to include the subject parcel. There has been recent residential and
commercial development activity along the corridor. This includes the upgrade of the property at
4203 Wadsworth to a bank and construction of a senior housing complex at 4340 Vance Street.
The proposed zone change will fulfill the original intent of the corridor rezoning. The subject
property is currently underutilized and has never been developed. The proposed MU -C zoning
may provide an incentive for future investment and development on the subject site.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that 1vas
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that a city- initiated rezoning of the property will correct a past error, increase
development opportunities for the property, and fulfill the original intent of the Wadsworth corridor
rezoning. Staff finds that the proposed zone change is consistent with the goals of the Comprehensive
Plan and the Wadsworth Subarea Plan and is consistent with changes in the area. Finally, staff
concludes that the zone change will not result in a significant adverse effect on the surrounding area
and any new development under the new zoning will, through the site plan review process, be required
to provide utility upgrades where needed. Because the zone change evaluation criteria support the
zone change request, staff provides a recommendation of approval.
Case No. WZ- -12 -05 / Three Acre Lane 6
VIII. SUGGESTED MOTIONS
Option A•
"I move to recommend APPROVAL of Case No. WZ- 12 -05, a request for a city- initiated zone change
from Residential -Three (R -3) to Mixed Use - Commercial (MU -C) for property located at 7750 Three
Acre Lane, for the following reasons:
1. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan and the Wadsworth Corridor Subarea Plan.
2. The subject property was inadvertently excluded from the July 2011 rezoning of the
Wadsworth corridor to MU -C, and the proposed zone change will correct the omission and
fulfill the original intent of the Wadsworth corridor rezoning.
3. Any applicant for future development under the proposed zoning will provide adequate utility
upgrades where needed.
4. The proposed zone change will not result in a significant adverse effect on the surrounding
area."
Option B•
"I move to recommend DENIAL of Case No. WZ- 12 -05, a request for a city- initiated zone change
from Residential -Three (R -3) to Mixed Use - Commercial (MU -C) for property located at 7750 Three
Acre Lane, for the following reasons:
2.
3.
Case No. WZ -12 -05 /Three Acre Lane
EXHIBIT 1: CITY COUNCIL RESOLUTION
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 36
Series of 2012
TITLE: A RESOLUTION BEGINNING A CITY- INITIATED REZONING OF
PROPERTY LOCATED AT 7750 THREE ACRE LANE TO MIXED
USE - COMMERCIAL (MU -C)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section
26 -113 of the Wheat Ridge Code of Laws ('Code") to initiate rezoning of property; and
WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the
Envision Wheat Ridge comprehensive plan was adopted in 2009, and
WHEREAS, both plans recommend that the Wadsworth corridor redevelop over
time with a higher density, mixed use development pattern, and
WHEREAS, the Wadsworth corridor was legislatively rezoned to Mixed -Use
Commercial (MU -C) in 2011, and
WHEREAS, the corridor rezoning was intended to include all properties within
the urban renewal areas along Wadsworth Boulevard, and
WHEREAS, the subject property is within the Wadsworth Corridor Urban
Renewal Area but was inadvertently excluded from the 2011 rezoning of the Wadsworth
corridor; and
WHEREAS, Section 26 -113 of the Code requires City Council to begin the
process of a city- initiated rezoning by adopting a resolution doing so and referring the
matter to the Planning Commission for a public hearing and recommendation, which
would be preceded by a neighborhood meeting
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A The City Council hereby initiates a rezoning of the property located at
7750 Three Acre Lane to Mixed Use - Commercial (MU -C).
DONE AND RESOLVED this 9 "' day of July, 2012.��
ZZ
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ATTEST:
Q01,1 It M " Z& i,qtl
J elle Shaver, Cly Clerk
ullio, Mayor
I I I \O(ORA��
Case No. WZ -12 -05 Three Acre Lane
EXHIBIT 2: LEGAL DESCRIPTION & MAP
Legal Description
The area to be rezoned to Mixed Use - Commercial (MU -C) is comprised of:
THE WEST 303 FEET OF THE NORTH 165 FEET OF THE SOUTH 350 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6 TH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO
Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, CO 80033; as depicted in
the map below.
42ND AVE
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41ST AVE
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Case No. WZ -12 -0S /Three Acre Lane 9
EXHIBIT 3: WADSWORTH URA & ZONING
The map below. taken from the adopted Wadsworth Urban Renewal Plan (2001), indicates that the
subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal
area and should have been rezoned to Mixed Use - Commercial (MU -C).
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Case No. 11 %12 -05 Three :fere Lane
The tan shading in the image below shows that at some point the boundary of the urban renewal area
(URA) was incorrectly drawn into the City's mapping database, excluding the subject parcel. The blue
dashed line indicates the adopted URA boundary.
Case No. WZ-1 Z -0S / Three Acre Lane
The digital file shown above was used as the boundary for the 2011 city- initiated rezoning of the
Wadsworth Corridor to Mixed Use - Commercial (MU -C). For that reason, the subject property was
inadvertently left out and still zoned Residential -Three (R -3 )—instead of MU -C —as shown in the
zoning map below.
EXHIBIT 4: ZONING MAP
In the zoning map below, the subject site is outlined in red. Outlined in blue are the properties which
were included in the 2011 city- initiated rezoning to Mixed Use - Commercial.
Case No. WZ -12 -05 /Three Acre Lane 12
EXHIBIT 5: NEIGHBORHOOD MEETING NOTES
le
91 City of
" WheatRLdge
COMMUNITY DEVELOPMENT
City of wheat Ridge Nhuncipal Builduig 7500 W. 29`� Ave. Wheat Ridgc. CO 80033 -SO01 P: 303.235.2846 F: 303.235.2857
NEIGHBORHOOD MEETING NOTES
Meeting Date: July 25, 2012
Attending Staff: Lauren Mikulak, Planner I
Location of Meeting: City Hall – 7500 W. 29 Avenue, 2 nd floor conference room
Property Address: 7750 Three Acre Lane, Wheat Ridge, CO
Property Owner(s): Patty Pyell and Terri Pearman
Property Owner(s) Present? Yes
Applicant: City of Wheat Ridge
Existing Zoning: Residential -Three (R -3)
Existing Comp. Plan: Mixed Use Town Center / Neighborhood Buffer
Existing Site Conditions: The property is located at 7750 Three Acre Lane, two lots west of
Wadsworth Boulevard. The property is currently zoned Residential -Three (R -3), but is surrounded by
a variety of land uses and zoning designations. To the north and west are properties zoned Residential -
Two (R -2) containing single- and two - family homes. To the south and east are properties zoned
Mixed Use - Commercial (MU -C). The lots to the east include commercial uses; to the south are multi-
family residential apartments.
Based on Jefferson County records, the subject property has an area of 49,995 square feet (1.15 acres).
The property is currently vacant.
Applicant /Owner Preliminary Proposal: The City of Wheat Ridge is the applicant for this city -
initiated zone change. In July 2011, City Council approved a legislative rezoning of the Wadsworth
Corridor to Mixed Use - Commercial (MU -C), per Case No. WZ- 11 -03. It has come to staff's attention
that a single parcel — located at 7750 Three Acre Lane —was inadvertently left out of the city- initiated
zone change.
Case No. WZ -12 -05 / Three Acre Lane 13
Staff has met with the property owner to explain the error, and the property owner has requested that
the parcel be rezoned from Residential -Three (R -3) to MU -C, as was originally intended. Staff is
requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three
Acre Lane.
The following is a summary of the neighborhood meeting:
• In addition to staff, the property owner was in attendance. Five members of the public attended the
neighborhood meeting, including:
• Jim Hoy, 12 Three Acre Lane
• Tammy and David Kaiser, 7765 Three Acre Lane
• Jerry Roach, 7805 W. 421 Avenue
• Kit Campbell, 4105 Yarrow Court
• Staff discussed the site, its zoning, and the history related to the Wadsworth Corridor rezoning, the
location of the urban renewal area boundary, and the inadvertent exclusion of the subject lot from
the previous city- initiated zone change process.
• The applicant and members of the public were informed of the process for zone change.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearing. Publication of the hearing will be in the Transcript.
• Staff reviewed the development standards and permitted uses associated with the MU -C zone
district.
The following issues were discussed regarding the city - initiated zone change:
Who is this zone change coming from?
This is a city- initiated zone change. Staff realized the error and contacted the property owner to
see if they were interested in a zone change. Staff presented the omission and proposed zone
change to City Council at a study session, and Council adopted a resolution at a public meeting to
initiate the rezoning process.
• Could a gas station or fast food restaurant locate on the property?
It depends. A motor fueling station is a conditional use, as is any eating establishment with a
drive -thru. The MU-C zone district limits drive -thru uses by establishing required separations.
Fast food drive -thrus must be located at least 500 ft apart from another fast food drive -thru. Other
types of drive -thru uses, such as a coffee shop or bank, must be located at least 500 ft from one
another. An eating establishment without a drive -thru is one of the many uses that is permitted.
• Will Three Acre Lane ever connect to Yarrow Court using eminent domain?
Staff is unaware of any plans to connect Three Acre Lane to Yarrow.
• How do you justify MU -C on a street surrounded by residential uses?
The site has remained undeveloped under the current R -3 zoning designation, though the zoning
allows it to be developed single-family, two-family, or multi family residences. The MU -C zoning
will still allow development of a two-family or multi family residence, but will expand the possible
use options to include commercial uses or ideally a mix of commercial and residential uses. MU-C
zoning on this particular lot will mean the property serves as a buffer between the more intensive
Case No. WZ -12 -05 /Three Acre Lane 14
commercial uses along Wadsworth and the lower density residential uses on Three Acre Lane and
to the west.
While commercial uses would be permitted, the zone district has strict architectural controls, step
back, and buffering requirements to protect the existing residential uses and mitigate the potential
impacts of a heavier -than- residential use.
Will we be looking at a huge building and parking lot?
If developed, the visual impact will certainly increase since the only improvement currently on the
property is a six foot fence. In addition to a primary structure, however, the site will need to
accommodate open space and landscaping, drainage facilities, and off-street parking. These
elements will be the limiting factors in determining the size and footprint of a structure. The MU -C
zoning requires parking to be located on the side or rear of the lot, so the primary view for the
homes across Three Acre Lane will not be an expansive parking area.
Do you know how the site will develop?
No. A zone change to mixed use does not require that a development scenario be determined. Staff
and Council accept zone change requests without a site plan because we are confident that the
development standards and architectural requirements in the MU -C code will result in a high -
quality development.
Once a site is zoned mixed use, a site plan review is required. The site plan is reviewed
administratively and confirms that the site and building meet all requirements of the zoning code.
In addition, staff reviews drainage and traffic impacts.
Can the public review a traffic study?
There is no traffic study associated with the zone change request because the end use is unknown.
Depending on how the property is eventually developed, a traffic study may be required with the
site plan. There is no public notification process when staff receives a traffic study, but once
submitted a tra #ic study becomes part of the public record and the public is welcome to meet with
staff and review the submittal documents.
One of the property owners was present at the meeting. She explained their difficulty in utilizing
or selling the property, and expressed their hope that the MU -C zoning makes the property more
attractive to a future user.
• Attendees were informed that public hearings will likely be scheduled for September and October.
The fundamental concern that was expressed was simply not knowing if or how the property would
develop in the future. To some extent, that concern remains no matter what the zoning because the
site is currently undeveloped.
Aside from the five neighbors who attended the meeting, staff received no comment frm others in
the area regarding the proposal.
Case No. WZ -12 -05 Three Acre Lane 15
PLANNING COMMISSION
LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: September 6, 2012
i
wo tj xv V EINLej yna wl 11 mg tj ME 41UT I W Kirdil ma WMANJ Do Ij Wknot.4 I M
0 PUBLIC HEARING 0 CODE CHANGE ORDINANCE
The proposed ordinance would update the City's existing Light Industrial zone district to become the
Industrial-Employment (I-E) zone district. The proposed changes, which are recommended by the City's
comprehensive plan, include adding more modem uses to the list of permitted uses, updating the
development standards for new development, and providing the opportunity to rezone directly to I-E,
rather than requiring a Planned Industrial Development.
RMILIC"
The proposed ordinance addresses the recommendations in Envision Wheat Ridge by modifying the
current Light-Industrial (1) zone district into a combined Industrial-Employment (I-E) zone district. The
modifications would address all of the recommendations in the comprehensive plan mentioned above,
including the addition of modem uses and ensuring that a wide range of employment uses (light
ZOA-12-04/ Industrial-Employment Zoning
manufacturing, flex space, office, and office services) are allowed, This is preferable to creating a new
Employment (E) zone district since most of the employment uses recommended by Envision Wheat
Ridge are already included in the I zone district and because there would need to be large rezonings to
apply the E zone district in employment areas. By updating the current I zone district and renaming it I-
E, all properties zoned I would become I-E without requiring a City-initiated rezoning,
aurgrm — ?M a F7= in emptoyment areas car
advantage of the updated zoning. Currently, the zoning code requires any property owner who
wishes to rezone to I to go through the planned development process and become a Planned
Industrial Development (PID).
Overview of Proposed Changes
The 12rol2osed changes ♦ the I zone district are summarized below.
The attached document shows a draft of the proposed changes to the code. New language in the
proposed ordinance is bold, capitalized and highlighted. Deleted language is designated by strike-
through and highlighting.
MaHIM
torecorurne'111, apicro'r tic Tr(#vposFrTT nance aTT1UnDT?TC777TPTMZ77onccmmg Vre
creation of industrial-employment zoning."
Exhibits:
I Proposed Ordinance
ZOA- 12-04/ Industrial-Employment Zoning
EXHIBIT I: PROPOSED ORDINANCE
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO.
ORDINANCE NO.
Series of 2012
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule
Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the
preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge
has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining
to zoning, land use, and development; and
WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, recommends that
the City amend the Code to update the Light Industrial (1) zone district and to develop a zone
district that promotes employment uses; and
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See Footnote 2. See § 26-634 for
businesses
distance ^ i
Bakeries, retail
FSe e_ Footnote 1
Banks, loan and
See § 26-633
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Notes
NC
RC
C -9
C -2
1
contractoes service
IP
Car wash, coin
shop and storage
P
P
operated
yard Incidental to an
Caterers
office /showroom
P
P
p rincipal use.
Day care center,
P
Business machine
See Footnote 1
S
P
P
P
P
or computer stores
Day care center,
Butcher shops and
EXCLUDING: Food processing
P
P
P
P
food lockers
Cabinet and
Clinics and offices
-1, C -2 & I INCLUDE: Residential
S
S
woodworking shops
P
P
for the counseling
facilities.
Camera and
See Footnote 1
S
P
P
P
P
photographic
service and supply
psychological,
stores
social, marital,
Candy, nut and
See Footnote 1
S
P
P
P
P
confections stores
Caretaker residence
Only one (1) unit for caretaker or
P
P
P
P
manager
Carpet cleaning and
S
fumiaatina
Car wash, automatic
S
P
IP
Car wash, coin
S
P
P
operated
Caterers
P
P
P
Day care center,
P
P
P
large
Day care center,
P
P
P
small
Clinics and offices
-1, C -2 & I INCLUDE: Residential
S
P
P
P
P
for the counseling
facilities.
and treatment of
psychological,
social, marital,
9
Uses
Notes
NC
RC
C_1
I C -2
developmental or
IP
stores
similar conditions,
Day care center and
excluding substance
P
P
P
p reschools, large
abuse clinics
NC & RC EXCLUDES: residential
P
facilities
P
p reschools, small
ALL districts INCLUDE: counseling
Department or
and treatment for alcoholism
P
P
P
Cold storage plant
P
P
Commercial
Drug stores
S
P
P
machine shops
P
P
Eating
Community
e.g.: YMCA's, CA's, churches,
P
P
P
P
P
buildings
libraries, parks, museums,
a uanums and art galleries
Construction and
See § 26 -629
P
P
heavy equipment
sales, service, rental
and storage
MM
Dairy products
See Footnote 1
S
P
P
P
IP
stores
Day care center and
P
P
P
p reschools, large
Day care center and
P
P
P
p reschools, small
Department or
P
P
P
variety stores
Drug stores
P
P
P
Eating
S
S
S
S
S
establishments,
ZOA -12 -041 Industrial - Employment Zoning
Farmers' markets
Submittal to community
P
P
P
P
P
development department required.
See § 26-635
Floral shops
See Footnote 1
S
P
P
P
P
Furniture stores
I P
P
P
Garden supply
See Footnote 1
S
P
P
P
P
stores
Gift, novelty or
See Footnote 1
S
P
P
P
P
souvenir stores
Golf courses
INCLUDES: Private clubs,
P
P
P
restaurants and lounges, driving
ranges, and those uses commonly
accepted as accessory thereto
when located on the same
premises
Governmental and
No outside storage
P
P
P
P
P
quasi- governmental
buildings and
offices, fire stations
or public utility
buildings
Governmental and
I Outside Storage
Is
S
S
P
f
ZOA- 12 -04/ Industrial - Employment Zoning
10
Uses
Notes
NC
I RC
C -9
C -2
!-
quasi- governmental
buildings and
offices, fire stations
or public utility
buildings
Greenhouses and
See § 26 -624
S
S
P
P
P
landscape
nurseries, retail
Greenhouses and
See §3 26 -624
S
P
P
landscape
nurseries, wholesale
Grocery or
See Footnote 1
P
P
P
P
P
convenience stores,
no gas pumps
Grocery stores
See Footnote 1
S
S
S
P
P
Which may include
no more than 1
gasoline service
island with no more
than 2 dispensing
p umps
Hair, nail and
P
P
P
P
P
cosmetic services
Hardware stores
See Footnote 1
S
P
P
P
P
Hobby and craft
See Footnote 1
S
P
P
P
P
stores
Home furnishing
P
P
P
s tores
Home
P
P
P
improvements
supply stores
Hotels or motels for
There shall be 1,000 square feet of
S
S
S
transient occupancy
ross lot area for each unit
Ice plants
P
P
Indoor amusement
e.g.: Roller rinks, bowling alleys,
P
P
P
and recreational
arcades and similar uses
enterprises
Indoor flea markets
PROHIBITED: Outdoor flea
P
P
P
markets
Interior decorating
S
P
P
P
P
shops
Itinerant sales
See § 26 -630
S
S
S
JewelEy stores
See Footnote 1
IS
P
P
P
P
Kennels
I
S
ZOA -12 -041 Industrial - Employment Zoning
I Massage therapist
i
Lau a dry
Laws f or additi r estrictio ns
cleaning shops
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0
L aundr y i dry
•
•
•
!
M
cl ean i n g pick up
er
• additional i ! •
i
o ea t, p oultry or
See Footn 1- I
Leather goods and
r
•
r
s
s eafood sto
M edical d dental
Pharmacies i optical •- a
•
•
s
i i i �
offices or
i
•
r
L ocksmith shop
l aborato ries,
�
excluding substa
Lumber yards and
!I Unenclosed storage of any
ab
building supply
materials shall be screened from
' II
Me d ical plll IUIMII w �I � I�N IIV
- -
st o r es
i w i w •• i s and
�
N EI
centers
streets -
w t;
and toxins
I Massage therapist
See Chapter 11, Article 10 Code of
Laws f or additi r estrictio ns
" IgININMIII��fq Ilr IN N1 II IM r Ir
M as sa ge therapy
See Ch - t Code i
ONE',
er
• additional i ! •
o ea t, p oultry or
See Footn 1- I
r
•
r
s
s eafood sto
M edical d dental
Pharmacies i optical •- a
•
•
s
M
offices or
i
l aborato ries,
excluding substa
ab
' II
Me d ical plll IUIMII w �I � I�N IIV
- -
No
�
N EI
centers
ZOA- 12 -04/ Industrial-Employment Zoning
IN
Uses
Notes
NC
RC
C -I
C -2
!=
Medical marijuana-
P
P
infused products
manufacturers
Optional premises
P
P
cultivation o eration
Mini- warehouses for
P
P
inside storage
Mobile or modular
See § 26 -628
S
S
homes or building
sales
Mortuaries and
S
S
S
crematories
Motor fueling
S
P
P
stations
Motorcycle sales
See § 26 -628
P
P
P
and service
Music stores
See Footnote 1
S
P
P
P
P
Newsstands
For the sale of newspapers,
P
P
P
P
P
magazines, etc.
Office sup2ly stores
See Footnote 1
S
P
P
P
P
Offices: General
P
P
P
P
P
administrative,
business and
p rofessional offices
Opt stores
See Footnote 1
S
P
P
P
P
Outdoor amusement
S
P
P
facilities
Paint and wallpaper
See Footnote 1
P
P
P
P
stores
Parking of
Subject to § 26 -561 CA
P
P
P
P
P
automobiles of
clients, patients or
patrons of adjacent
commercial or
nonresidential uses
Parking of not more
See § 26 -619; § 26 -123, definitions
S
S
S
than 3 commercial
truck- tractors and /or
semi- traders
When in conformance
parking design standards set forth
in 4 •
Milos
ZOA- 12 -04/ Industrial- Employment Zoning
IN
ZOA- 12-04/ Industrial-Employment Zoning
14
delivery trucks normally associated
I
with business operations
Pet stores
See Footnote I
Pharmacies
1
1 See Footnote 1
1
ZOA- 12-04/ Industrial-Employment Zoning
14
• " M �
MIMM M- M- IIIIII IMIM - MM
existence on
extended, enlarged, and/or
3/11/97
reconstructed so long as no
additional dwelling units are created
Residential uses in
See § 26-626
P
P
P
P
P
commercial zones
I
I
Rooming and
S
S
P
P
P
boardinghouses
RV, boat, trailer and
See § 26-628
P
P
travel trailer storage
I I
Sales, repair, rental
P
P
and servicing of any
commodity that the
manufacture,
fabrication,
processing or sale
of which is permitted
in the district
Schools for Conducted entirely within an
industrial or enclosed building
business training,
including vocational
trade or professional
schools
LOA - -041 Industrial - Employment Zoning
15
Uses
Notes
NC
I RC
C -1
remises
Social club
In accordance with Wheat Ridge
P
P
P
Code of Laws, Chapter 11, Article
XI
Sporting goods
See Footnote 1
S
P
P
P
P
stores
Stone cutting or
P
P
p o lishing works
Studio for
P
P
P
P
P
professional work or
teaching of fine arts,
photogra music,
drama or dance
Substance abuse
S
S
P
clinics
Tailor, dressmaking
P
P
P
P
P
or clothing alteration
shops
Taverns, night
P
P
P
clubs, lounges,
private clubs and
bars
Television, radio,
See Footnote 1
S
P
P
P
P
small appliance
repair and service
shops
Temporary
See § 26 -627
P
P
P
P
Christmas tree,
produce and
bedding plant sales
lots
Theatres, indoor
I P
P
P
Tobacco stores
See Footnote 1
S
P
P
P
P
Toy stores
See Footnote 1
S
P
P
P
P
Transit station,
S
S
S
p ublic or private
U holste shops
P
P
P
Urban gardens
See § 26 -637
P
P
P
P
P
Video rentals
See Footnote 1
S
P
P
P
P
Warehousing and
See § 26 -631
P
P
outside storag
I
I
I
I
Warehouseloffice..�
", ", , -- . ,
w ;.; :
S
P
— H
P
ZOA- 12 -04f Industrial - Employment Zoning
16
1 The amount ot buiTdi devoted to retail use is limited to 5,000 square feet in 1'1 and RVI
Districts.
2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail
bonds businesses may be permitted in Planned Industrial Development districts if approved as
part of an Outline Development Plan (ODP) and in conformance with the requirements of Code
section 26-634.
Commercial and Industrial District Accessory Notes
Uses I I
See § 26-625
Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainacie and water suppiv facilities
2M
UM
OA- 12 -04/ Industrial-Employment Zoning 17
meet the other area requirements. This requirement may be waived
by the community development director where build-to
requirements from a mixed use zone district or the Architectural
Site Design Manual apply,
I I� IS � i 1 1 1 111 1 :1 11 1 111 IFI 111111
Section 26-604. Storage • flammable liquid or gases.
No aboveground storage of flammable liquids or gases in excess of two thousand (2,000)
gallons shall be permitted in any district other than the industrial,__ district m
unless approved as a special use and in conformance with the Uniform Fire Code and other
2pplicable laws.
A. As permitted in various zone districts (see section 26-204):
1. Bulk storage or piles of materials must be screened from view of adjacent
properties by a view-obscuring fence six (6) feet in height;
2. In Agricultural Use Districts (A-1 and A-2), bulk storage or piles of such
materials shall not be permitted within a front yard setback and shall be no
closer than twenty-five (25) feet to side or rear lot line;
restricted commercial, commercial and lndustriaqm��� use
districts, bulk storage • piles of such materials shall not be permitted
within a front yard setback and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts residentially or agriculturally
zoned property.
TABLE ft SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL, AND MIXED USE
DISTRICTS
(NC, RC, C-11, C-2, !�k, MU-C, MU-C TOD, MU-C Interstate, MU-N)
Section 12: Severabilily; Conflicting Ordinances Regealed. If any section, subsection or
clMuse of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections and clauses shall not be affected thereby. All other
ordinances or parts of the ordinances in conflict With the proons of this ordinance are
hereby repealed.
ZOA-12-04/ Industrial-Employment Zoning 21
1111111 rrij 1111;1�11111111 11
INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to on this
day • , 2012, ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge, and Public Hearing and consideration on final passa • e set for
Monday, , 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
• this _ day of 2012.
SIGNED by the Mayor on this _ day of 2012.
0"10M
It=. • I Mr. I=
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
ZOA- 1 2-04/ Industrial - Employment Zoning 22
PLANNING COMMISSION
LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: September 6, 2012
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE
REVIEW PROCESS FOR PUBLIC SCHOOLS
The City's zoning code requires a Special Use Permit (SUP) for public and private schools in all
residential zone districts, agricultural zone districts, and in the Neighborhood Commercial (NC),
Restricted Commercial RC and Commercial-One - i I iillr*lcil - 1 - I'll, I'll, I'll 11
1 11 0 M- I I I
OR M • L#J,#,# it 0 1
990696ft-mmumm go
The State of Colorado adopted legislation about the siting and construction of public and charter schools,
codified in Section 22-32-124 of the Colorado Revised Statutes (CRS). According to the City Attorney,
the current requirement for an SUP for a public or charter school is in conflict with this state law. The
proposed attached ordinance would update the review process for public schools so that it conforms to
Colorado law.
Notice for this public hearing was provided as required by the Code of Laws.
I -Yaw x"'m
ZOA- 12-05/ Public Schools Review
The City Attorney did find, however, that it is acceptable to require review of a site plan and other
necessary documents, such as a traffic study, for a new or expanding public school. The attached
ordinance would replace the Special Use Permit requirement for public and charter schools with a Site
Plan review requirement, The proposed ordinance reflects the discussion held with Planning
Commission at a study session on July 19 'h .
A 114 11 Will
NW-
through and highlighting.
The proposed changes are necessary in order to conform to state law. Although the SUP requirement is
removed, public schools would still be subject to review through the Site Plan process. The Site Plan
process includes administrative review of a site plan and traffic impacts, which are the items most likely
to impact the neighborhood adjacent to a school.
fiU,r'U-f#7Mfi,'j#TfI ITM Mint M7 1 fati(I �IFTDTFCC= I e review
process for public schools."
Exhibits:
I . Proposed Ordinance
ZOA- 12-05/ Public Schools Review
2 �# M # * ZEN
Section 3: The Tables • Uses in Section •'! the Code are amended to read:
Section 26-204. Zone district use schedule
07o] FFIAI� =MR,
One-family
dwelligg_______
Three-family
P
P
P
dwelling
Four-family
P
P
P
dwelling
Multifamily
P
P
dwelling
Bed and
See § 26-608
S
S
S
S
S
S
S
S
breakfast
I
I
I
Church, parish
S
S
S
S
S
S
S
S
house
Day care home,
S
S
S
S
S
I
S
P
P
IaE2e
Electric
S
S
S
S
S
S
S
S
transmission
I
substation
Farmers" markets
Not permitted as an accessory
P
P
P
P
P
P
P
P
use on properties where the
primary use is a single- or two-
family home. Submittal to
community development
department required. See § 26-
635
Foster care home
P
P
P
P
P
P
P
P
Governmental
No outside storage
P
P
P
P
P
P
P
P
and quasi-
governmental
buildings, fire
stations and
public utility
buildin2s
Governmental
Outside storage
S
S
S
S
S
S
S
S
and quasi-
; governmental
buildings, fire
stations and
public utility
ZOA- 12-05/ Public Schools Review
Uses
Notes
R -1
R -1A
R -1B
R -IG
R -2
R -A
R -3
R -3A
buildings
Parking of
Shall be allowed only on lots
P
P
P
P
P
P
P
P
automobiles of
containing nonresidential or
clients, patients
quasi- public uses, subject to §
or patrons of
26-501 CA
adjacent
commercial or
nonresidential
uses
Parking of
,Shall be allowed on lots
S
S
S
S
S
S
S
automobiles of
adjacent to business only if the
clients, patients
business owner also owns the
or patrons of
adjacent lot
adjacent
commercial uses
Parks
Includes: Noncommercial
P
P
P
P
P
P
P
P
playgrounds or other public
recreation uses
Produce stands
See § 6 -636. Where located
P
P
P
P
P
P
P
P
on a lot with a residential
dwelling unit, must meet home
occupation regulations per §
26 -613
Public or private
Restaurants, lounges and bars
S
S
S
S
S
S
golf courses,
permitted as accessary to a
country clubs or
public or private golf course
clubs operated for
the benefit of
members only
and not for gain
Residential group
See § 26- 612
S
S
S
S
S
S
S
S
home for children
Residential group
See § 26 -612
P
P
P
P
P
P
P
P
homes, nursing
homes, and
congregate care
facilities for 8 or
fewer elderly
p ersons
Residential group
See § 26 -612
S
S
S
S
S
S
S
S
homes, nursing
homes, or
congregate care
facility for 0 or
more elderly
ersons
z
ZGA- 12 -05/ Public "Schools
Review
6
n. 9 VIII o IUVI e xc e s s of IsIp C fee V
electric
•` •
ME No
CAA -1 -451 Public Schools Review
h
!0i
Cemeteries and
Not including funeral homes
cr
<.
Dog k enne l s, M �
- P r o vi ded o utsi de runs which are
veterinary hospitals
adjacent to residentially zoned or used
property are no closer than 25 feet
• " or i
Ele transmissi 1 nl�
substations
one ie
• # i • I w * ••
.
•
i
M n IVI far n U
PR OHI B ITED y Th raisin
raising or keeping of
keeping of swine
st ock , bee keeping
INCLUDED in A-2: The kee ping o
1 poultry or small animals
and/or potbellied pigs, Sus Scrofa Vittatus,
such as rabbits or
except such animals shall not be fed
chinchillas
,, garbage
! .. •
w
.
u �! Gove urw on Nu n w
No outside storage
buildings statio
and publ
building
n ii i M
overnmental
Outside storage
quasi- gover nmental
buildings ' statio
CAA -1 -451 Public Schools Review
h
am
EN
Greenhouses and See § 26-624 P P
landscape nurseries,
including both wholesale
and retail sales of
related oroducts
Includes noncommercial playgrounds or
other public recreation uses
MEE Produce stands
;WWORM
Residential group homes See § 26-612 P P
for 8 or fewer elderly
persons I
Residential group or See § 26-612 S
nursing homes, or
congregate care facilities
for 9 or more elderly
Residential group homes See§26-612
for children
------ • ------------- ------
Riding academies and
ilk III
public stables
Omni
70A -12 -051 Public Schools Review
8
Urban gardens See § 26-637 P I P I P
Wind-powered electric S is I
generators not in excess
of 35 feet.
F 111111 1
clause ot the ordinance Mail Fe deemel To' Fe unconslitutional or otherwise invallcl, the validi
of the remaining sections, subsections and clauses shall not be affected thereby. All other
ordinances or parts of the ordinances in conflict with the provisions of this ordinance are
hereby repealed. I
ZOA- 12-05/ Public Schools Review 9
Section 6: Effective Date. This Ordinance shall take effect fifteen days after final publication,
as provided by Section 5.11 of the Charter.
IATRODUCED, READ, AND ADOPTED on first reading by a vote of to on this
day of , 2012, ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge, and Public Hearing and consideration on final pass V e set for
Monday, , 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue,
Wheat Ridge, Colora!o.
SIGNED by the Mayor on this _ day of 2012.
Jerry DiTullio, Mayor
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
ZOA-12-051 Public Schools Review 10