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WZ-10-09
° I bS OWNER'S CERTIFICATE WE, BEING THE OWNERS OF REAL PROPERTY CONTAINING 3.5948 ACRES DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, EXCEPT THE WEST 20 FEET, AND EXCEPT THE EAST 150 FEET THEREOF, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 10 FEET THEREOF, LEE'S SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL C: THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3, AND THE NORTH 3/5 OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 OF LOT 11, LEE'S SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23,EXCEPT THE EAST 10 FEET OF SAID LOT 11, ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS: THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, LEE'S SUBDIVISION, EXCEPTING THEREFROM THE EAST 10 FEET THEREOF, AND EXCEPTING THE WEST 20 FEET THEREOF, AND ALSO EXCEPTING THOSE CERTAIN PORTIONS OF SAID LAND AS CONVEYED IN DEEDS RECORDED AUGUST 20, 1993 AT RECEPTION NUMBERS 93127939 AND 93127940, AND RE- RECORDED OCTOBER 4, 1993 AT RECEPTION NUMBERS 93156671 AND 93156672, COUNTY OF JEFFERSON, STATE OF COLORADO, HAVE SUBMITTED -TITY OF WHEAT RIDGE, THIS ZONING EXHIBIT BY HARI SACHANANDANi, AS PRESIDENT OF 1185 W. 44TH AVM C., A COLORADO LIMITED LIABILITY COMPANY. 11 A _- I s by: HARI' SACHANANDANI, AS PRESIDENT OF 11808 W. 44TH AVE LLC, A COLORADO LIMITED LIABILITY COMPANY STATE OF COLORADO ) ) SS COUNTY OF JEFFERSON THE , FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS AY OF 20Z A.D. B Y ( i SR tl{ % tom // WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: ' Cp NOTARY PLaIC yp7AR plj�1 -1� NOTES 1. BEARINGS ARE BASED ON THE SOUTH LINE OF THE NE1 /4 OF SECTION 20, T3S, 'R69W OF THE 6TH P.M. SAID LINE BEARS S 89'09' 18" E, AND IS MONUMENTED AS SHOWN HEREON. 2. ALL DISTANCES AND BEARINGS ARE BASED ON THE CURRENT CITY OF WHEAT RIDGE COORDINATE SYSTEM, AND IS A GROUND -BASED MODIFIED FORM OF THE NAD83 /92 STATE PLANE COORDINATE SYSTEM, COLORADO CENTRAL ZONE 0502. THE GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC -1 (PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STATE PLANE COORDINATES: PHAC -1: NORTHING 1701258.75, EASTING: 3118217.58, ELEVATION: 471.62. 3. THE CORNERS OF THE NE1 /4 OF SECTION 20, AS SHOWN HEREON, HAVE COORDINATES PUBLISHED BY THE CITY OF WHEAT RIDGE, AND ARE AS FOLLOWS: PT. # NORTHING EASTING 13109 710969.03 102539.65 13209 711004.84 105186.73 14109 708326.75 102551.26 14209 708365.98 105210.89 4. PER COLORADO REVISED STATUTES SEC. 38 -51 -106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 U.S. SURVEY FEET ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 5. THE GEODETIC POINT COORDINATE DATA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAD 83 HARN STATE PLANE COORDINATE CENTRAL FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SURVEY FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN THE GEOSPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL SUBCOMMITEE (FGDG- STD - 007.2- 1998). 6. PRIOR TO REDEVELOPMENT OR ISSUANCE OF A BUILDING PERMIT FOR THE PROPERTY, ALL CITY OF WHEAT RIDGE REQUIREMENTS RELATING TO PLATTING AND SUBDIVIDING MUST BE MET. 7. EXPLANATION OF EXHIBIT. THE INTENT OF THE ZONING EXHIBIT IS TO PROVIDE COMPLIANCE BY THE PROPERTY OWNER WITH_THE CONDITIONS OF APPROVAL FOR CASE NO. WZ -10 -09 (ORDINANCE NO. 1482 -2011) APPROVED BY THE WHEAT RIDGE CITY COUNCIL ON MARCH 14, 2011, WHICH REZONED THE PROPERTY FROM C -1 AND C -1 WITH USE RESTRICTIONS TO MU -C INTERSTATE AND MU -N (CASE NO. WX- 10 -09). SAID CONDITIONS OF APPROVAL ARE AS FOLLOWS: 1, THE PROPOSED ZONING BOUNDARY BETWEEN THE TWO DISTRICTS BE CONSISTENT WITH A -1 ZONING LINE ON THE EAST SIDE OF TABOR STREET. 2. THE ZONE CHANGE ORDINANCE WILL NOT BECOME EFFECTIVE UNTIL A PLAT DOCUMENT IS REVIEWED AND APPROVED. 3, UPON PLATTING, A 20' RIGHT -QF -WAY BE DEDICATED ALONG THE FRONTAGE OF TABOR STREET TO THE SOUTHERN PROPERTY LINE. u allwollm 0 L! I� I p I 0 m Im to m N I v, If I I N n 0 O Z N 0 T O 0 N AN EXHIBIT TO ORDINANCE NO. 1480 -®2011 (CASE NO. WZ- 10® -09) FOR A TRACT OF LAND LOCATED IN THE NE1 /4 SECTION 20, T3S, R69W OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO FOUND MAG NAIL NW CORNER LOT 2, BLOCK 1 WESTLAKE PARK SUBDIVISION -'— WEST 20' E1 /2 LOT 11 i o p I n3 u I I �, CP I c. �2eSS ip X9 7 FS j� Ic la ip - -- m _ JW CORNER - �- _- �-- ' I z t 6 OG p GCL N i o f _ P� U Nmi � P -^ 01 _ ° N RANGE BOX, w 700.17` ------- - - -- -- �__ 1 46.D0' _� I--- I----- ---- S 89'10'21" ------ -- -- --- W 302.21' - n Ln I, 25' ACCESS ESMT. RCPT. #F1071459 RECORD) u tnlp silo 89'10' - 302.22 c c NORTH ------- - - - - -- - - S - ; - "_ m S 89'10'21" W 664.19' W. ��,T - 4TH A x T7 E UE LOT 3, BLOCK 1 Z WESTLAKE PARK 0 SUBDIVISION p ZONED C -1 w N a tl 41 MU —C INTERSTATE ZONE AREA 14 77,809.6 SQ.FT. / 1.7863 ACRES V N m V J OD J N 89'14'46" E 302.29' 661.83' - NE CORNER - NEt /4 SECTION 20 FOUND 3" BRASS CAP IN RANGE BOX, L.S. #13212 (PER MONUMENT RECORD) ( PT #13209) z S 8990'21" T4,19 ' o v m I I P 60' RIGHT -OF -WAY PER I o PLAT OF LEE'S SUBDIVISION 01 v DO zo ° FOUND ILLEGIBLE CAP ° IN ASPHALT I I I 1 ° 1 9,575.4 SQ.FT. / 0.2198 ACRES �—I — TO BE DEDICATED AS PUBLIC RIGHT -OF -WAY i BY FUTURE PLAT t t 1 ; c I ' a a — _ NORTH LINE NE1 /4 SECT 2 0 - - S 8993'30" W - - 2647.32' - - - -- _ JW CORNER - �- _- �-- �- -� - - -- 669.83' N p 4E1/4 SECTION 20 -OUND 3" BRASS CAP I N RANGE BOX, m (J Ln S. #13212 (PER MONUMENT RECORD) PT #13109) NORTH LINE S1 /2 SEt / 4 NEt /4 SECTION 20 _ - "_ S 89'10'21" W 664.19' W. ��,T - 4TH A x T7 E UE 60' RIGHT -OF -WAY PER 1797.7 SQ.FT. / 0.0413 ACRES N PLAT OF LEE'S SUBOIMSION TO BE DEDICATED AS PUBLIC RIGHT -OF -WAY w BY FUTURE PLAT 5.79' m N 89`10'21" E 322.13' IF __ -_— -- N 8994' E 46" "332.08' - / _ -- 9'14'46" 5,37 � E T z 302.13 NZ �oco FOUND REBAR WITH f P QE 3 l C--1 RED CAP, L.S. #27944 I z I L'. or� - F , �U"', LOT 3, BLOCK 1 Z WESTLAKE PARK 0 SUBDIVISION p ZONED C -1 w N a tl 41 MU —C INTERSTATE ZONE AREA 14 77,809.6 SQ.FT. / 1.7863 ACRES V N m V J OD J N 89'14'46" E 302.29' 661.83' - NE CORNER - NEt /4 SECTION 20 FOUND 3" BRASS CAP IN RANGE BOX, L.S. #13212 (PER MONUMENT RECORD) ( PT #13209) z S 8990'21" T4,19 ' o v m I I P 60' RIGHT -OF -WAY PER I o PLAT OF LEE'S SUBDIVISION 01 v DO zo ° FOUND ILLEGIBLE CAP ° IN ASPHALT I I I 1 ° 1 9,575.4 SQ.FT. / 0.2198 ACRES �—I — TO BE DEDICATED AS PUBLIC RIGHT -OF -WAY i BY FUTURE PLAT t t 1 ; c I ' a a — _ O ® p N p y I m (J Ln m EAST 10' LOT 11 m cn p -1 �-c r r m m m r- N O m N f Zm Ln C V) to 0 7 G �Ln 00 Z N O N PART OF LOT 12 LEE'S SUBDIVISION ZONED C -1 PART OF LOT 12 LEE'S SUBDIVISION ZONED A -I m to Ca {.�� �4 q OD P `b o NORTH LINE I N3/5 S1/2 E1/2 N1 /3 LOT 11 0I 1 LEE'S SUBDIVISION ' — --° �! t - -- --- ° °' LOT 4, BLOCK 1 I 1,- o I WE PARK N MU —N ZONE AREA I ° a SUBDIVISION Op I tsj > ZONED A -1 a s 67,407.8 SQ.FT. J 1.5475 ACRES 1 m l PART OF LOT 92 i LE O SU B DIVI SION A- N i ea 15' DITCH ESMT. RCPT. #93127938 //� FOUND #4 REBAR O 1 — N 86'48'25" E_1fi5.57 - - - - -N 89'23 -- E - 1 -- - - -- — I ° 165.96 T/ 136.65' SET #5 REBAR WITH YELLOW i POINT UN BEGINNING N S 89 °23'14" W PLASTIC CAP, L.S.#24968 FOUND REBAR WITH S 86 °4.13'25" W j 156.65 ° I RED CAP, ILLEGIBLE N . r , p RCPT. #93127939 I RCPT. #93127940 ° r� z ' ° ZONED A -1 ZONED A -1 V NORTH LINE �\ ` r66$ 0 1 S2/5 S1 /2 E1/2 NI/3 LOT 11 i i , ,9 e \ ' i LEE'S SUBDIVISION I ° \ p O: I 0 S . r 332.49' $32.49' - - -- - - - -- -- ----------- - - - ' - S 89 "W 997.47' — �� - -,— _ I ( I SOUTH LINE NE1/4 SECTION 20 (BASIS OF BEARINGS) POINT OF COMMENCEMENT SW CORNER S 89'09'18" W 2659.92' e i i SE CORNER NE1 /4 SECTION 20 ( / NEt 4 SECTION 20 FOUND 3" BRASS CAP FOUND 3' BRASS CAP IN RANGE BOX, ' ° IN RANGE BOX, LS. #13212 (PER MONUMENT RECORD) ' L.S. #13212 (PER MONUMENT RECORD) (PT #14109) I I (PT414209) 1 CASE HISTORY M t c�°��K��� o m o GG� MO��t a mmmi W. 447H AVENUE z �. m X F � m m TE HWY. 58 m m L C ROP 1� m m VICINITY MAP NOT TO SCALE TY A Aspen Surveying, Inc. 2993 S. Peoria Street, Suite 150 Aurora, Colorado 80014 Phone (303) 750 -4590 Fox (303) 750 -0646 RV AMERICA ZONING EXHIBIT 11808 W. 44TH AVENUE NE1 /4 SEC.20, T3S, R69W, 6TH P.M. WHEAT RIDGE, COLORADO Prepared For: RV AMERICA, INC. CHECKED: RAV DRAWING NAME: RVAMERICA.DWC DA IPROJ. No. 2011 -0031 1 SHEET 1 OF 1 I 1 w City of Wheat �idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. Wheat Ridge, CO March 21. 2011 Mike Pharo 7777 S. Depew St. Littleton, CO 80128 Dear Mike: 80033 - 8001 P: 303.235.2846 F: 303.235.2857 At its meeting of March 14, 2011, City Council APPROVED Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use - Commercial Interstate and Mixed Use - Neighborhood for property located at 11808 West 44th Avenue for the following reasons: I. The rear portion of the property is currently under- utilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: I. The proposed zoning boundary between the two districts be consistent with the A -I zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20 -foot right -of -way be dedicated along the frontage of Tabor Street to the southern property line. Enclosed is a copy of the signed ordinance and a copy of the minutes stating Council's decision. Please be advised that the plat process will be a new land use development application requiring a public hearing in front of each Planning Commission and City Council. Fees in the amount of $1,950 will be required for case processing. Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, Ka thy Kathy Fie d Administrative Assistant Enclosure: Copy of Ordinance Draft of Minutes cc: Hari Such 11808 W. 44 ° i Ave. Wheat Ridge, CO 80033 WZ -10 -09 (case file) wwwx i.wh eatr id gexo. u s 2011027698 03/161201109:10:03 AM PGS 3 $21.00 DF $0 bectronlcaiv Recorded Jefferson County CO Pam Anderson cierk and Recorder TD1000 N CITY OF WHEAT RIDGE, CO copy INTRODUCEb BY COUNCIL MEMBER LANGWORTHY Council Bill No. 03 Ordinance No. i 4an Series of 2011 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 4e AVENUE FROM COMMERCIAL -ONE (C -1) AND COMMERCIAL -ONE WITH USE RESTRICTIONS TO MIXED USE - COMMERCIAL INTERSTATE (MU -C INTERSTATE) AND MIXED USE NEIGHBORHOOD (MU -N) ZONE DISTRICTS (CASE NO. WZ- 10 -09 /RV AMERICA) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was recently modified to add four new mixed use zoning districts; and, WHEREAS, Michael Pharo on behalf of RV America has submitted a zone change application to Mixed Use - Commercial Interstate and Mixed -Use Neighborhood for property located at 11808 W. 44 Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 20, 2011 and voted to recommend approval of a rezoning of the property to be rezoned to Mixed -Use Commercial Interstate and Mixed -Use Neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change ordinance for property located at 11808 W. 44 Avenue from Commercial -One (C-1) and Commercial -One (C -1) with use restrictions to Mixed Use — .Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (MU-N) zone districts, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone changes are approved. MIXED USE — INTERSTATE COMMERCIAL (MU-C INTERSTATE): The northern 250' of the parcel described below shall be zoned MU -C Interstate. MIXED USE — NEIGHBORHOOD (MU -N): The southern 228' of the parcel described below shall be zoned MU -N. LEGAL DESCRIPTION FOR ENTIRE PARCEL: THE EAST ONE -HALF OF THE NORTH ONE -THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89 0 09'18 "W. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89 0 09'18' W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00 0 50'42 "W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING THENCE S89 0 23'27 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86 0 48'38 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00 "W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44 AVENUE; THENCE N89 "E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF TABOR STREET; THENCE S00 "E ALONG THE WEST RIGHT -OF -WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of February, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 14, 2011, at 7:00 o'clock 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 6_ to n , this 14th day of March, 2011. SIGNED by the Mayor on this 15th day of March 2011. v� Jerry Di o, May ATTEST: Michael Snow, City Clerk ..W*e 1 publication: February 17, 2011 2 publication: March v, 2011 Wheat Ridge Transcript Effective Date: April 1, 2011 ORDINANCES ON SECOND READING Item 2. Council Bill 06 -2011 — amending Article 11 -of -the Wheat Ridge Code of Laws by adding a new Article XII concerning Medical Marijuana and making certain Amendments to Chapter 26 (Zoning and Development) in association therewith. _ Mayor DiTullio opened the public hearing. Council Bill 06 -2011 was introduced on second reading by Mr. DeMott. City Clerk Michael Snow assigned Ordinance No. 1479. No Staff presentation was provided Chuck Wharton is a partner in ownership of NatuRx, one of the two medical marijuana centers currently in the City of Wheat Ridge. He expressed his pleasure with the proposed ordinance as it is the most reasonable and thoughtful of those he has seen in the Denver Metro area cities. Mr. Wharton commended Council in taking the proper time to create a well thought out and effective Medical Marijuana ordinance. Further, if City Council does pass this amendment tonight he will pledge as a business owner to protect the health, safety and welfare of community. Chief Brennan responded to questions regarding the indication of no financial impact in the packet materials from the perspective of the Police Department. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 06 -2011 (Ordinance 1479) on second reading and that it take effect 15 days after final publication; I further move to amend Council Bill 06 -2011 to add the following sentence to the end of Sections 11- 305(b) and 11- 305(c): Medical marijuana establishments that were lawfully in existence at a specific location within the City as of the effective date of this section shall not be subject to this prohibition at their current location.; seconded by Mr. Reinhart; carried 6 -0. Item 3. Council Bill 03 -2011 — approving the Rezoning of property located at 11808 W. 44` Ave. From Commercial -One (C -1) and Commercial -One with Use Restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (MU -N) Zone Districts. (Case No. WZ- 10 -09 /RV America) Mayor DiTullio opened the public hearing. Council Bill 03 -2011 was introduced on second reading by Mr. DeMott. City Clerk Michael Snow assigned Ordinance No. 1480. Mrs. Reckert provided a summary presentation of the proposed zoning change (amended to this packet). Mike Pharo, representing the applicant, spoke to what he believed were the objections that led to the denial of the rezoning of this property in 2009. The concern regarding building heights are moot as this type of structure would be highly unlikely considering the amount of parking spaces that would be required and the lack of space to do so. Mr. Pharo discussed the previous hotel concern which the applicant contends that no hotel is or was ever planned for this site even though a hotel is allowed under the zoning classification. One condition of approval that Mr. Pharo takes exception to is for additional Right of Way on the entire length of Tabor Street. He finds this objectionable and unnecessary, will limit future development potential on the site and condemn the front yards of the residences along that road. Sandy Thompson, the architect representing the applicant, presented a conceptual plan (amended to this packet) which she believes represents the potential development of this site according to the concepts outlined in the City's Mixed -Use Zoning designation. Harry Sach, applicant, stated that he needs this rezoning in order to sell the property. He expressed he doesn't know when he could sell it once it's rezoned but knows that any potential business will need to go through the City planning department. Rumors surfaced that he was going to open a motel or an adult customer service based operation, but these are false. Mr. Sachs expects that it will take him a year or two to sell the property if the rezoning is approved. Meredith Reckert spoke again to clarify that the Planning Commission recommended a Right of Way designation only half way down the property on Tabor Street. This was misstated in the staff report. Diane Tipton, a resident since 1972, pointed out that the properties west of this property do not border any residential areas except one small residential area that will be negatively impacted if this rezone is passed as proposed. The proposed zone districts are not compatible with the residential area at all and the traffic will bottle -neck on Tabor Street. If Tabor Street is widened this will allow more large sized trucks to drive down the residential street potentially getting stuck and having to back up which is dangerous. There is a need for the type of storage it currently provides. Commercial buildings such as the one being proposed here often sit vacant for long periods of time. The owner bought this land only with the intention to sell it again after rezoning, which will only leave a ruined residential area. Ms. Tipton asked Council to stand up for the residents who have lived here for many years instead of approving this zoning change. George Isquith contends it isn't fair to request a zone change only to turn around and sell it again. A new owner would be required to rezone the rear area which would be nearly impossible resulting in a loss of acreage. The area would be useful as an RV �.:9 '.. d- Storage lot as there are none close to this area. If the owner does sell this land he will do so quickly if it were to a storage facility developer. The zoning should remain the same and the new owner should pursue a zoning change. This area is a nice neighborhood and will be instantly and negatively changed if this approved. Ron Markow doesn't want a large building on their residential corner. Mr. Markow liked the Cracker Barrel Restaurant idea suggested by the applicant but none of the other proposed ideas. He would like to see the back third of the property stay as residential to provide buffer to the neighboring houses. Mr. Dahl confirmed that the protests representing 19.8% of the bordering properties as indicated by the staff report does not meet the 20% required by Charter to force a super- majority of Council vote. The Council has two options for this meeting. The first is to proceed with a motion and a vote of which 5 yes votes are required. The second is to continue the public hearing to the next meeting. If continued, absent Council members tonight would have to review tonight's public hearing recording in order to take part of the future public hearing. Meredith Reckert explained the goal of enhanced community character with development. With new landscaping it will meet this goal. It might also encourage other area businesses to improve their properties where needed. Mr. Paranto explained the City wishes to obtain a 20' Right of Way designation along the entire property line on Tabor Street because they do not know what future uses will be built here. This also allows the extra width of the street to mitigate the problem of larger vehicles driving down the street and getting stuck without room to turn around and it would allow for sidewalks in the future. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to continue the public hearing to the March 28, 2011 meeting; motion failed for lack of a second. Motion by Mr. Reinhart to approve Council Bill 03 -2011 (Ordinance 1480) on second reading and that it take effect 15 days after final publication, seconded by Ms. Berry; Motion to amend by Mr. DeMott to extend the proposed Right of Way only to the commercial property line; seconded by Mrs. Jay; failed 4 -2 with Mr. Reinhart and Mr. DeMott voting Yes. Original motion by Mr. Reinhart carried 6 -0. Item 4. Council Bill 02 -2011 —amending Chapters 11 and 22 of the Wheat Ridge Code of Laws concerning Business License requirements and Taxpayer Remedies. / ƒ; \a \\/ g&� \/k X »} \_�\ 7\ &� / .� G �..� v �° �: � �. �; �� �� d �, �. �; U �r � �, > � �� c � � `u � °� 3� x c x r. r v. �� �� " �� � �� > � >�:: �r x x .� �: v � �� � �� � .� �; �. __ �^. C V E � U GA �, L 3C �a G � .� �� �� � �� .� � � ��� � � v rev �s �� c u Ni v C; v x c x c. ct c 1 1� 1 N 0 z U N w y O U U s. U 3 U b c�3 0 U U U G O N U U V V CO O W U O U 0 0 b 0 0 O p CD 2 0 v 0 u _T U C i u cn v I i z 3WH?3 OL I 9'3'O3SOdQ�Jd y z . i m O cn v I i 3WH?3 OL I 9'3'O3SOdQ�Jd y z . y O m O cn v 't( i y z . y O m O h y. U 41 U Y @ G i o 7a N y � � L yyys r 4 r i ? I J III II s cn v c y r y O m O h y. U 41 U Y @ G i o 7a N y � � L a Y U U U 0 p 4 H C T ' m o � U � � O • 3 0 'o o R N U c3 O GO U P. R ' O U O r � w o � u c0 N A • u U C� C W U 3 p O 9 w 0 O c R C C d C O • u . C R ^O a Q' 0 N ,D 0 U un C u d �a O O s, 0 bA 7 U b .°3 U 0 O H U bq .. U U C5 aA C,5 y 3 Cn � �? '� '� O N 3 y C U y rr c o U +' U ca o N 0 'd ct . ct ct U ct .. C/o O ' > (Ij i cn ct (tj U U � O U cC . •U O ca .U. N •� cl w N _ c � o U w to 5_ F •� 9 R Y ED O U � ct ti ••U• � � �yN+ W U N ti '.� o 2 Q•1 Cy3 C •`• O C ' cC C y LL cii; � U m �. ❑ A. O cil .�. > u CG d U v N N d F u u u U bq .. U U C5 U O U W O N O J N G N O a m oq J e City of j9rWh eatR,i . dge ITEM NO: DATE: March 14, 2011 REQUEST FOR CITY COUNCIL ACTION t, �. TITLE: COUNCIL BILL NO. 03 -2011 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44 AVENUE FROM COMMERCIAL -ONE (C -1) AND COMMERCIAL -ONE WITH USE RESTRICTIONS TO MIXED USE - COMMERCIAL INTERSTATE (MU -C INTERSTATE) AND MIXED USE - NEIGHBORHOOD (MU -N) ZONE DISTRICTS (CASE NO. WZ- 10 -09/RV AMERICA) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (02/14/2011) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (03/14/2011) ❑ RESOLUTIONS QUASIJUDICIAL: I ® YES NO ommunity evelo ent Director City Manager ISSUE: In September of 2010, City Council adopted new mixed use zone districts which are intended to create a streamlined development review process, allowing higher density, mixed use development and with a range of land uses, including residential. This is the first privately initiated zone change to mixed use since adoption of the mixed use zone district regulations this fall. The applicant requests approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located at 11808 W. 44 Avenue. The zone change is the first step of the process for approval for redevelopment of this site with mixed use zoning. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is recommended to be conditioned on approval of a future subdivision plat. Case No. WZ- 10 -09 /RV America Council Action Form March 14, 2011 Page 2 PRIOR ACTION: Planning Commission reviewed this request and recommended approval with conditions at a public hearing held on January 20, 2011. A motion was made for approval for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of this request. With the following conditions: 1. The proposed zoning boundary between the two districts is consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right -of -way be dedicated along the entire frontage of Tabor Street. There were two people in the audience who spoke in opposition to the request. FINANCIAL IMPACT: One -time fees for the zone change were submitted for the application. If the property is redeveloped, there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is 3.5 acres in =size'and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a Recreational Vehicle sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. Existing zoning In 1993, City Council approved a zone change for the property from RC, Restricted Commercial, and A -1, Agriculture -One, to C -1. The zoning approval was heavily conditioned allowing unrestricted C -1 zoning on the front portion of the property but restricting the rear portion of the property to RV storage only. There have been three prior unsuccessful zone change applications on the property; all were to rezone so that use restrictions on the rear portion were lifted. The most recent land use application was initiated in 2009 for a zone change to Planned Commercial Development and approval of a concept Outline Development Plan. The case was recommended for approval by Planning Commission but denied by City Council. Staff would note that at the City Council public hearing a recommendation of approval was made but did not pass due to the requirement for three- fourth's vote of Council when a zone change is subject to a legal protest. Council Action Form March 14, 2011 Page 3 Proposed zoning The applicant is requesting a zone change which would allow Mixed Use Commercial — Interstate (MU -C Interstate) on the northern portion of the property with Mixed Use Neighborhood (MU -N) on the southern portion. Staff s recommendation is that the location of the zoning line be consistent with the location of the A -1 zoning line on the property to the east side of Tabor. The MU -C interstate is intended for areas generally within 500' of I -70, located on major commercial corridors with direct access to I -70. The MU -N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allow for a more limited range of neighborhood- serving commercial and retail uses, in addition to residential. Changed conditions In November of 2010, the CDOT project was completed which relocated the I -70 on/off ramps from the previous location east of Ward Road roughly 1000' to the east. The new ramps tie into the north side of W. 44 Avenue across from the western boundary line of the subject land. This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear of the parcel would allow a currently underutilized commercial property to be developed into a tax generating property. Guiding documents Envision Wheat Ridge, the comprehensive plan adopted in October 2009, designates the north half of the property as Neighborhood Buffer Area. These areas should be located on the "edges" of neighborhoods to act as buffers between low intensity residential areas and higher intensity commercial corridors. Desired uses in these areas are full scale commercial uses with higher density residential and office. The southern half of the property is designated as Neighborhood and could include owner- occupied single family and high quality multi - family development. West 44 Avenue is designated as Neighborhood Commercial Corridor. The West 44` Avenue/Ward Road redevelopment area plan identifies desirable land use as community commercial on the front and residential on the rear. The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. The designations on the Comprehensive Plan Structure Plan are not intended to be absolute. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing conditions in the area or in the city in general. Council Action Form March 14, 2011 Page 4 Staff has concluded that because the MU -N zoning allows a variety of residential development, the request is consistent with both of the Comprehensive Plans. Staff further concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business ". The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. Tabor Street abutting the property is only 20' wide. Public Works has requested a 20' right -of -way reservation for the length of the property to accommodate future traffic improvements to Tabor Street. RECOMMENDED MOTION: "I move to approve Council Bill No. 03 -2011 an ordinance approving the rezoning of property located at 11808 W. 44 Avenue from Commercial -One (C -1) and Commercial -One (C -1) with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (MU -N) zone districts on second reading, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 03 -2011 an ordinance approving the rezoning of property located at 11808 W. 44 Avenue from Commercial -One (C -1) and Commercial -One (C -1) with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (MU -N) zone districts for the following reason(s) ." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 03 -2011 2. PC Report with exhibits 3. PC Minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 03 Ordinance No. Series of 2011 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44 AVENUE FROM COMMERCIAL - ONE (C -1) AND COMMERCIAL -ONE WITH USE RESTRICTIONS TO MIXED USE - COMMERCIAL INTERSTATE (MU -C INTERSTATE) AND MIXED USE NEIGHBORHOOD (MU -N) ZONE DISTRICTS (CASE NO. WZ- 10 -09 1RV AMERICA) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was recently modified to add four new mixed use zoning districts; and, WHEREAS, Michael Pharo on behalf of RV America has submitted a zone change application to Mixed Use - Commercial Interstate and Mixed -Use Neighborhood for property located at 11808 W. 44 Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 20, 2011 and voted to recommend approval of a rezoning of the property to be rezoned to Mixed -Use Commercial Interstate and Mixed -Use Neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change ordinance for property located at 11808 W. 44 Avenue from Commercial -One (C -1) and Commercial -One (C -1) with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use— Neighborhood (MU -N) zone districts, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone changes are approved. MIXED USE — INTERSTATE COMMERCIAL (MU -C INTERSTATE): The northern 250' of the parcel described below shall be zoned MU -C Interstate. MIXED USE — NEIGHBORHOOD (MU -N): The southern 228' of the parcel described below shall be zoned MU -N. LEGAL DESCRIPTION FOR ENTIRE PARCEL: THE EAST ONE -HALF OF THE NORTH ONE -THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE Attachment 1 RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89 0 09'18 "W. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89 8"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00 0 50'42 "W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING THENCE S89 0 23'27 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86 0 48'38 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00 0 24'47 "W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44 AVENUE; THENCE N89 0 13'26 "E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF TABOR STREET; THENCE S00 0 24'47 "E ALONG THE WEST RIGHT -OF -WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING Section 2. Vested Property Rights Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of February, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 14, 2011, at 7:00 o'clock 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 to , this 14th day of March, 2011. SIGNED by the Mayor on this day of 1 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 15t publication: February 17, 2011 2 °d publication: Wheat Ridge Transcript Effective Date: City Of �Theat�j COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: January 20, 2011 CASE NO. & NAME: WZ- 10- 09/Mike Pharo for Hari Sach (RV America) ACTION REQUESTED: Approval of a zone change from C -1 and C -1 with conditions to Mixed Use — Commercial Interstate and Mixed Use - Neighborhood LOCATION OF REQUEST: 11808 W. 44 Avenue PROPERTY OWNER: Hari Sachanandani APPROXIMATE AREA: 3.5 acres PRESENT ZONING: Unrestricted C -1 (northern one - third), restricted C -1 (southern two - thirds) COMPREHENSIVE PLAN: Neighborhood Buffer/Neighborhood Commercial Corr ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING OR DINANCE DIGIT PRESENTATION Planning Commission WZ- 10 -09/RV America 1 ATTACHMENT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use - Neighborhood (MU -N). The zone change is the first step of the process for approval for redevelopment of this site. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is recommended to be conditioned on approval of a future subdivision plat. The property is comprised of three parcels. For the purposes of this land entitlement process, the address of 11808 W. 44` Avenue is being used. The legal description for publication purposes included all three parcels. (Exhibit 1, Applicant letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is 3.5 acres in size and has frontage on W. 44 Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. A 6' high brick and wooden fence runs along the Tabor Street frontage. Six foot high chain link fencing is in place along the west property line with a 6' high wooden fence along the south. A chain link fence with gate also runs behind the structure securing the vehicles being stored in the rear. The remainder of the property is devoid of any buildings. The rear parcel has a road -based surface. There are three existing curb cuts to 44 Avenue; however only the center one is currently being used. In 1993, City Council approved a zone change from RC, Restricted Commercial, and A -1, Agriculture -One, to C -1 on the three subject parcels of property, identified as Parcels A, B and C (Exhibit 2, survey plat) The zoning approval was heavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 40' and use restrictions on Parcel B. The front two pieces of property have unrestricted Commercial -One zoning but Parcel B, while zoned C -1, is restricted to RV storage only. (Exhibit 3, 1993 exhibit) There have been three prior unsuccessful zone change applications on the property; all were to rezone so that use restrictions on the rear were lifted. The most recent land use application was initiated in 2009 for a zone change to Planned Commercial Development and approval of a concept Outline Development Plan. The case was recommended for approval by Planning Commission but denied by City Council. Staff would note that at the City Council public hearing a recommendation of approval was made but did not pass due to the requirement for three- fourth's vote of Council when a zone change is subject to a legal protest. (Exhibit 4, Planning Commission minutes; Exhibit 5, City Council .minutes) Planning Commission 2 WZ- 10 -09/RV America III. PROPOSED ZONING Background In September of 2010, City Council approved legislation adopting new mixed use zone districts. Prior to that, the only provision in the code for mixed use development was the Planned Mixed Use district (PMUD) requiring a site development plan (concept ODP and specific ODP). This presented challenges to applicants as the planned development approval process is lengthy, unpredictable and expensive, taking around six months without certainty of the outcome. The intent for adoption of the new mixed code was to provide a clear predictable and streamlined development process which would establish general development parameters, allowed uses, setbacks and building heights without providing a site plan level of detail. Once rezoned through a public hearing process, the review process for construction would be administrative. The applicant is requesting a zone change which would allow Mixed Use Commercial — Interstate (MU -C Interstate) on the northern portion of the property with Mixed Use Neighborhood (MU -N) on the southern portion. Staff's recommendation is that the location of the zoning line be consistent with the location of the A -1 zoning line on the property to the east side of Tabor. See map inserted below. Planning Commission should note that it is customary, but not required; to have zoning lines follow property lines. If approved, Staff will require a condition that a subdivision plat be prepared and processed removing the current lot lines and establishing a new lot line coincident with the zoning line. In order do accomplish this; the zone change ordinance will not become effective until the plat memorializing the new lot configuration is approved. While not customary, this concept has been reviewed and approved by the City Attorney. t Planning Commission WZ- 10 -09/RV America The following is a synopsis of the two proposed zone classifications: Mixed Use - Commercial Interstate (MU -C Interstate) The MU -C interstate is intended for areas generally within 500' of I -70 located on major commercial corridors with direct access to I -70. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Mixed Use - Neighborhood (MU -N) The MU -N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allows for a more limited range of neighborhood - serving commercial and retail uses, in addition to residential. The following matrix designates uses and development parameters for the two zone districts. Development parameter MU -C (Interstate) MU -N Building height 8 stories (118') — mixed use 35' - for residential use bldg. 50' — all other buildings 6 stories (90') — single use bldg Setbacks/landscape buffers Minimum side 0' 0' Minimum rear 5' S' Min. side and rear adj. to 1 — 2 story building = 10' 1 — 2 story building = 10' residential 3 story building = 15' 3 story building = 15' 4 story or higher = 20' 4 story or higher = 20' Development adjacent to 6' buffer with 6' screen (fence 6' buffer with 6' screen (fence residential (parking lot buffer) or upright landscaping) or upright landscaping) Required open space Mixed use = 10% Mixed use = 10% Single use = 15% Single use = 15 % Uses Single family/duplex Not permitted Permitted Multi- family Permitted Permitted Community/public buildings Permitted Permitted Banks with drive - through Conditional Use Conditional Use Restaurants Permitted Permitted Restaurant with drive - through Conditional Use Conditional Use Gas stations Conditional Use Conditional Use Uses with outdoor storage Not permitted Not permitted Retail sales — up to 20,000 s.f. Permitted Permitted Retail sales — up to 60,000 s.f. Permitted Conditional Use Office Permitted Permitted Architectural standards Facade articulation Facade articulation Material variation Material variation Transparency requirements Transparency requirements Build -to lines Build -to lines Planning Commission 4 WZ- 10 -09/RV America IV. GUIDING DOCUMENTS The following documents are to be used for guides when considering zone changes. COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted October 2009 North half of property designated Neighborhood Buffer Area (brown color): • Located on the "edges" of neighborhoods • Meant to act as a buffer between low intensity residential areas and higher intensity commercial corridors • Mix of small scale commercial uses with higher density residential, office and commercial uses South half of property designated Neighborhood (yellow color): • Consistent character — single family with high quality multi - family • High rates of reinvestment and home ownership, consistent maintenance • Originally shown as neighborhood Buffer Area — modified due, in part, to neighborhood input W. 44 Avenue designated as Neighborhood Commercial Corridor (pink dotted) • Properties on corridor contain abroad mix of activities including retail, commercial businesses, and residential. Meant to supply the daily services and needs of adjacent residential. NEIGHBORHOOD REVITALIZATION STRATEGY — adopted 2005 • Identified strategies for the city to become a "community of choice ". • Goal for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, developing W. 44 Avenue into a destination corridor and targeting underutilized commercial properties for redevelopment. Planning Conunission WZ- 10 -09/RV America FRUITDALE SUBAREA PLAN — adopted 2007 • While not officially located within the subarea plan, this property lies adjacent to the boundary of the subarea. • Property is shown as being adjacent to a commercial node with specific land use designation of commercial on the northern two- thirds and single family on the southern one third URBAN RENEWAL PLAN: W. 44 "' Avenue/Ward Road redevelopment area — adopted October 2001 • Identifies desirable land use as community commercial on the front and residential on the rear V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26- 112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps. The property is zoned Commercial -One and Commercial -One with use restrictions. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The western portion of the city has the potential for the development of a major commercial node due to the construction on the Cabela's annexation properties beginning in early summer. To facilitate construction of the Cabela's store and surrounding development, many of the infrastructure improvements associated with the project have been built. Those improvements include the widening and improvement of Youngfield Street, construction of the W. 40 Avenue/1 -70 underpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. There have also been improvements funded by CDOT for the construction of interchange movements between State Highway 58 and I -70. The I -70 on/off ramps have been relocated from the prior location east of Ward roughly 1000' to the east. The new ramps tie into the north side of W. 44 Avenue across from the western boundary line of the subject parcels (Exhibit 6, ramp location; Exhibit 7, ramp design) This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear two - thirds of the subject land would allow a currently underutilized commercial property to be developed into a tax generating property. Sales tax collected from the sales of RV's is attributed to the community where the buyer resides; therefore there is minimal economic benefit from the sales of RV unless the buyer resides in Wheat Ridge. West 44` Avenue is designated as a collector street and carries over 13,700 vehicles per day (2006 count). Tabor Street to the north of 44`" is designated a minor collector and carries around 3000 vehicle trips per day (2004 count). Tabor Street is the only connection across I -70 between Ward and Kipling and will eventually tie into the Goldline transit station to the north. It is likely that with the changes in the area and construction of a new commercial project, a lighted intersection at 44 and Planning Commission 6 WZ- 10 -09/RV America Tabor could be warranted. If the warrants are met as a result of a specific future development proposal, the owner will have to participate financially to the cost of the light. Tabor Street to the south of 44` Avenue is 20' wide, substandard to the local street standard of 50'. Public Works is requesting a future right -of -way dedication of 20' to accommodate future development of the property with access to Tabor upon platting. The dedication should extend the entire length of the property. If access is being requested off Tabor Street, the installation of public improvements will be required at the time of development. A traffic impact analysis will be required upon application for a site plan which may require modification to the existing curb cuts into the property. With the ramp construction, all accesses to 44 Avenue will be right- inhight -out due to installation of a median the entire width of the property. Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: 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; Envsion Wheat Ridge designates the north half of property as Neighborhood Buffer Area, the intent of which is to provide a mix of small scale commercial uses with higher density residential, office and commercial uses. The south half of property is designated Neighborhood which is intended to provide single family homes with high quality multi - family. West 44 Avenue is designated a neighborhood commercial corridor and property directly north is designated mixed use commercial. As noted on the structure plan, land use categories depicted on it are intended to show the general location of future land uses and not intended to represent precise boundaries. The property is also located within the W. 44 Avenue/Ward Road redevelopment area. The Urban Renewal plan identifies desirable land use as community commercial on the front and residential on the rear. This plan was adopted in October of 2001. The Urban Renewal Authority is reviewing the proposal on January 18. Results of their discussion will be provided at the Planning Commission hearing on January 20. Staff concludes that both of these documents did not acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. However, because the MU -N zoning allows a variety of residential development, staff concludes that the request is somewhat consistent with both of these documents Staff further concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business ". The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing Planning Commission WZ- 10 -09/RV America conditions in the area or in the city in general. As discussed above, staff clearly feels that changing conditions in this vicinity merit approval of the zone change request, as do the guiding document. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Land use to the east include a lumber yard zoned C -1 adjacent to the northern half of the property with single family residential zoned A -1 adjacent to the south half. An office /warehouse abuts the property to the west. Because this property was originally approved for tire servicing on semis, a portion directly to the west of site is zoned C -2. Tabor Lake also abuts the property to the southwest. To the north is a fruit market/grocery store zoned C -1, vacant property zoned A -1 acquired by CDOT and a self storage facility being displaced by the new I -70 on and off ramps. Property to the south is single family residential zoned A -1. This property has been zoned and used commercially since 1993. Care must be taken at the time of site plan approval for the use of upgraded buffering to minimize impacts to existing homes to the east and south. Staff concludes that this criterion has been met. C. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Staff concludes that there will be economic benefits derived from the zone change as the property is currently underutilized. The additional uses will allow the property to develop into a tax generating commercial use. This is particularly likely with relocation of the I -70 on/off ramps, the construction of which were completed in November. Staff concludes that this criterion has been met d. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure at the time of development Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; Planning Commission WZ- 10 -09/BV America The height limitation for residential uses on the rear portion is limited to 35' which is consistent with the residential and agricultural height limitation. Traffic impacts, drainage and buffering for the adjacent residential will be analyzed at the time of submittal of a site plan. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. As there are no structures proposed for the property at this time, the commercial /multi - family design standards in the Architectural and Site Design Manual (ASDM) are not applicable. The design standards in the mixed use zone district supersede the ASDM. Staff concludes that this criterion is not applicable. IV. NEIGHBORHOOD MEETING The required pre - application meeting for neighborhood input was held on October 14, 2010. There were two persons from the neighborhood in attendance. (Exhibit 8, Neighborhood meeting recap) V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed. Additional access may be needed from Tabor to the rear of the property. Will review at the time of site plan application for fire access, water supplies and hydrant locations. Colorado Department of Transportation: Upon redevelopment, CDOT recommends closure of unused access points to 44 Avenue. Valley Water District: Can serve the property. Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property. Each building will require a separate water tap. Xcel Energy: Has existing electric distribution and gas distribution facilities within the zoning area. Has no objections to the zone change contingent upon maintain all existing rights. Will assess service at time of site plan application. Wheat Ridge Public Works: Due to the inadequate right -of -way for Tabor, a 20' right -of -way dedication along the entire eastern frontage of the property will be requested at the time of platting. Access points to 40' Avenue and Tabor will be asses upon submittal of traffic report with a future specific site plan proposal. Wheat Ridge Police: No concerns with crime or traffic Planning Commission 9 WZ- 10 -09/RV America Wheat Ridge Urban Renewal Authority: A recommendation will be provided at the January 20 public hearing. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the rear portion of the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the commercial viability of the property. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ- 10 -09. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located 11808 W. 40' Avenue for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of this request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right -of -way be dedicated along the entire frontage of Tabor Street. Option B: "I move to recommend DENIAL of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located 11808 W. 44 Avenue for the following reasons: 1. 2." Planning Commission 10 WZ-10 -09/RV America Michael G. Pharo Associates, LLC May 21, 2010 Mr. Kenneth Johnstone, Community Development Director 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Re: RV America- 11,800 West 44 Avenue Dear Mr. Johnstone: L -- This letter is a follow -up to our most recent conversation, and all the conversations we have had in the last few months. Our purpose is to document the reasoning behind our continued request to make Mr. Sach's property more marketable and to detail the options we have discussed to accomplish this. The current status of the RV America property is that the northern portion is zoned C -1 while the majority of the property to the south can only be utilized for the storage of recreation vehicles. More specifically, of the total property size of 3.55 acres, only .86, or 24 %, can be utilized for C -1 uses. Perhaps more significant in the marketplace, the C -1 portion is configured with 300 linear feet contiguous to West 44 Avenue while the parcel is only 125 feet deep. This is not conducive to contemporary development for a freestanding use on the property. Based on my recent experience, retail uses that might be appropriate for the property require depths of 250 to 300 feet. Most require larger parcels as well. Banks require 1.5 to 2.0 acres; sit -down restaurants such as a Texas Roadhouse or Village Inn require 1.5 to 2.0 acres; hotels require 1.5 -acre minimum —most need 2.0 acres or more; fast food restaurants require 1.0 to 1.2 acres. Office or general retail users need every bit of the 3.5 -acre site if any economies of scale or synergistic attributes are to be obtained. We believe there are at least three reasons why a rezoning of this property is appropriate. Mr. Sach needs to consolidate his business. The current economy has had its effect on the recreation vehicle industry. The question obviously becomes, of what use is a property in the marketplace if it can only be primarily utilized for the storage of recreation vehicles? We believe a rezoning to allow more variety in the allowable uses is warranted. Notwithstanding at least one City councilman's comment, we believe the current reconfiguration of the West 44 Avenue/I -70 interchange has a dramatic affect on the property, those around it, and perhaps much of West 44 Avenue. The marketplace always recognizes such dramatic changes to the vehicular access patterns in an area. This recognition will occur in time but it may be delayed due to the current economic conditions. 7777 South Depew EXHIBIT 1 303 - 783 -3772 The City appears to be addressing the potential for commercial development or redevelopment in many areas and is in the process of assisting property owners in that effort. Your department, the City's economic development personnel, the Planning Commission and City Council, as well as some private groups have been focused on this for some time. This landowner, this property and the City's desire to promote commercial activity seem to indicate that something positive for all could occur. As I have mentioned, we are somewhat gun -shy when it comes to knowing how to proceed. Our previous attempt to rezone the property was not approved by City Council for reasons never fully explained. We thought we had provided a very good zoning document. • It conformed to the City's submittal remriremenrs. • It included substantial design and development requirements in recognition of the existing single - family neighborhood. • It allowed for adequate flexibility in the marketplace while requiring specific design and development attention for the end user. • The submittal had the positive recommendation of your department. • The submittal had a unanimous recommendation of approval from the Planning Commission. The City Council seemed to hold us responsible for historic actions in the City that clearly predated our submittal and perhaps Mr. Sach's ownership of the property. There was no acknowledgement that the Council understood that they retained final approval for the property when the end user submittal could be made. There were numerous subjective comments made, many after the public hearing was closed therefore excluding any type of applicant response to facts or alternative understandings. The one objective issue relates to compliance with the Comprehensive Plan. However, if this were a valid issue, I would have thought we could have been offered the option of designating the southern portion of the property as single - family residential to the exclusion of all other uses. "Residential" as an allowable use as proposed in our submittal was apparently not recognized by Council. We are left with how to proceed. We have discussed several options including the following: We could rezone the property with minor modifications to the last submittal. This would have more appeal if we knew what to modify. We could limit the allowable uses, provide a stronger transition to the single - family area, or leave a portion along the southern property line for RV storage. We just do not have direction as to what would be required or supported by Council. We could rezone the property with major modifications to the last submittal. This might include leaving the southern one -third of the property as RV storage, or perhaps as openspace. This would provide a proper depth of the C -1 parcel (approximately 300 feet) to meet more market requirements. Meredith Reckert's thought about providing a gateway to the openspace to the south/southwest may have merit. Components of this area could include a vehicular turnaround, parking and openspace access. What entity would acquire and develop this parcel, and in what manner the parcel would be acquired, may take some investigation. The new zoning ordinance may have applicability to this property, and perhaps to more of the West 44 Avenue corridor. There may have to be some work done since the current direction of the new ordinance is more oriented to neighborhoods and the West 38 Avenue and Wadsworth Boulevard corridor as opposed to the West 44 Avenue /I -70 interchange conditions. We continue to appreciate your support and direction in this matter. We can provide drafts of a new submittal at any time; we continue to request a work session with Council, if possible, to resolve some of these items and to get a better understanding of whatspay be, possible. W believe this continue,, !C be a terrific op o'tt,ni?}' for the C:ty to assist a respected businessman in the community to achieve what both he and the City desire —a positive commercial redevelopment situation in Wheat Ridge. i r Y, Mi hael G. Pharo MGP /kp c: Hari Sach —RV America Meredith Reckert LAND SUR . _Y PLAT _ A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE 1/4, NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDDLE, COUNTY OF JEFFERSON, STATE OF COLORADO IM'4L A T1s ACRIH 1'15 fTF( OF lX FA1T t/2 Cf WT fl. EXCEPT AX Y.£ST 20 FEYF AND E1ftrYr THE FAST i00 fT£f ixGtEtf. IEEE $VBMN4IXl WVIJW OF .E351]iSGI, STATE OF COLCQASO. PJAWL N M( NgitM I" Fg OF THE EAST 150 fwr OF tOI If IXffM THE FAST ID FEET THEREOF. lFE'S SBTSIMS A, MnW CF .EYSINSOIJ, S(AIE Cf MOR&00. q a S"' xORIN.1 /2 d' n1E FAST 1/2 OF M I I = 1/5 AHO 111E l,ONAI 3.15. OP THE 90UTH 1/2 C THE FAST t/z a THE 8 SIT t]3 OF LOr , R4ES aN4at. EAST HAT V BI S 6 RENPdD Ix PuT e9CN x AT PACE , F%(Epr THE FAST l E ittT OF $Al0 LM tl, ,150 EXCEPT yHAT PAST DESXAAB IN DO IDIB. AT AAGE 610 K FC40WS ➢E NJRM 1Y5 REF O£ 1NE FAT 1/2 CF l0T 11. IFES SUBHN4ON SD I., IHEAEO�P. � ALSO�EI(CIPhNC 2 AN P0R�¶g15 CF SIJD LWO K V PIN. -lID IN DRDS REWRDfD AVWBi 20, I AT AE06M N040ER. B11x]B�0 S 0312]9W NN K- RS=ASE0 OGh]8vt 4, 1093 AT REWPnON xVII s 93150011 AND 9JI55Sm cww OF,f3TE &m STATE DF CIXDRADO. IIIII 2 3. 4. 9. 6 . 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WAIN UNK AS 0' W - "- - '- �'••'- Mi. WAS IPM I' PAN +0 1 !m2E ..... EXHIBIT 2 PARCEL'A' � ��•ttir ?i�„'pi4 2_- AA.IINO PROPAtt Ill 110,696 $0, fL ..l '�` TIRWW PA9ffL'C W-!Vm ASPIW,T R,.. �1` -vuT l(:OARE W. ANO 9MT PMRINL � yn.r \ 51].508.6 � 9ioAADD, bt 41- 14%W AW i� HE, r NEO Fpi 91E rags grH Wsarw y l ! APPARENTFA M I'm w Pm W MASS tll PA9Lfl. 'A' AREh a PMCEI A E 9, SWTH OF FENCE 6 USED BY PARCEL C cc WM'is tt Y <f� A`.PN,LLT ROAD FALS MI PIKOFFY i E1R y m�"?'s2 AS SNOAN 4.. M9 u1 D� vN� D U a —^ 55' G1G1 FASf11ENT PFF f2J1 t]B3S �_ '� 1 8 p 'p'D f9n£ I I 1 9 - +N HT OLAID I'fRC9. QU NAIScO " "' I. �. � rr. >; nz•;f3, _ � I iEeIl - jQl NV a,Dla BASIS OF OEARINO 5 TH£ SMITH LINE OF THE NE 1/4 OF SECAON 20 K ESTAWSWO AM SEIIAADS AND GRIDS, INC. SURVEY AILED IN PLAT BOOK 100, PACE 10 -N W,(R9029398 Ensr IIa C5'alw SEOnO r F N 2L sacna+ :B _p 407.34' (NESTLII(E PLM1 997.74' AR IY� J18"94Y692 "E '¢68Ob7� s&Ef3RWNbkMr4659�74'�M —' LS fI }Il 3112 INS 0 EVA RKS . OX TWyD Y1/4• A (19E A.. A GP LSj1]112 - 1. REC. Z4Io(M] IN9LE RAAI 0m Y b 9cuZ� Pe 5V LEGEND HRE H}YIRANT WATfA VALVE ALE MIT 0RI RAD ONRNEAO UTIIItY WILES _ TC AC AN. ACNAL HE+1] YE NDIT pIT (o) MAN NESIUREIIwT M . 'AL,. WAIN UNK AS 0' W - "- - '- �'••'- Mi. WAS IPM I' PAN +0 1 !m2E ..... EXHIBIT 2 PART�'C' 2_- AA.IINO PROPAtt Ill 110,696 $0, fL NORMAS.T I.aF G GATE TIRWW PA9ffL'C W-!Vm ASPIW,T R,.. ANO 9MT PMRINL Sam. B 9ioAADD, n UIWIY i� HE, r NEO Fpi 91E rags 5 4.. M9 u1 D� vN� D U a —^ 55' G1G1 FASf11ENT PFF f2J1 t]B3S �_ '� 1 8 p 'p'D f9n£ I I 1 9 - +N HT OLAID I'fRC9. QU NAIScO " "' I. �. � rr. >; nz•;f3, _ � I iEeIl - jQl NV a,Dla BASIS OF OEARINO 5 TH£ SMITH LINE OF THE NE 1/4 OF SECAON 20 K ESTAWSWO AM SEIIAADS AND GRIDS, INC. SURVEY AILED IN PLAT BOOK 100, PACE 10 -N W,(R9029398 Ensr IIa C5'alw SEOnO r F N 2L sacna+ :B _p 407.34' (NESTLII(E PLM1 997.74' AR IY� J18"94Y692 "E '¢68Ob7� s&Ef3RWNbkMr4659�74'�M —' LS fI }Il 3112 INS 0 EVA RKS . OX TWyD Y1/4• A (19E A.. 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Case No. WZ- 09 -03 An application filed by RV „tj�merica for approval of a zone change from Commercial -One and C mFeeial -One with conditions to a Planned Commercial Develop}t and approval of an outline development plan for property locoat §-,408 West 44 Avenue. Prior to presentation of the case, Commissio�x2FDRIIlNKMAl�__ed to recuse herself from hearing the case because sh A ows the applicant ai eguld stand to gain monetarily from approval. The C s. :'ssion foted 5 -0 to ace h At this point, Commissioner BRINKM a` _the micil chambers,' Meredith Reckert was sworn i, by Chair REIN She entered alI pertinent documents into the record and mm a Cor was jurisdiction to hear the case. She reviewed theseexrk and diei sentation. Ms. Reckert subm, , d a memoran`lY om bat Ridge Urban Renewal Authority, data ` t 2 2009 statirklKtheirfindifts concerning this property. The proposed us, not in ormance 441 the West 44` Avenue and Ward Road Redevelopme` an; h ever, due to t roposed I -70 access ramp relocation, the nature of the aka oe_makrna commercial uses on the subject property a 52! oln ' . ,.option 7. her, . M, pecifc redevelopment information may 1W that k use the subject property could be found in compliance h the Curren = at 44 ” fee and Ward Road Redevelopment Plan. Staff r; ,,mm ended app • al for_ sons, and with conditions, as contained in the staff Q, Commis er D R asked if approval would cause RV America to go out of business. ert explained the present use could continue until a final development. an is approved, and a building permit issued. In response to concern expressed by Commissioner HOLLENDER about allowing gas stations, Ms. Reckert commented that the use was proposed to be allowed because the location would be very good for gas sales with it's proximity to the new ramps.. In response to a question from Commissioner REINHART, Mr. Westberg explained that the 20 foot right -of -way reservation for the west side of Tabor Street would allow the new public improvements to line up with the public improvements on Tabor north of 4e Avenue. If the property on the east side of Planning Commission Minutes June 18, 2009 EXHIBIT 4 Tabor were ever redeveloped, an additional ten feet would probably be requested to make a full 50 feet of right -of -way. By reserving right of way the entire length of Tabor to the southern property line, it would give flexibility for future development. It would only be widened if necessary to accommodate development of the property. Commissioner HOLLENDER expressed concern that the requirement for a 20 foot setback from the eastern property line could allow a 4g,l,_lding adjacent to the Tabor Street right -of -way line. Meredith Reckert agree at - the language should be changed to say the setback is from western end o nervation. Mike Pharo Land planning consultant for property oy Mr. Pharo and Mr. Sach were sworn in b.),Xl that he was not opposed to the condrti t list of permitted land uses. He was oppose= reservation because he believed it amounts to the possibility that a road may : ever be built Tabor south of any new access _ d change He showed three different scciiAo = _nevi air REINHART. ivMVharo stated Self storage be elimina19om the t h e 0=fnot right -of vay faking of his client's land with %q that roadway widening on the nesss of the neighborhood. Joi mem� WSe site. Chair REINHART Mlkgd to hear fr0.p Tmbers�c4o §,Thc public. Diane Tlpt Ms. Tipton was- om i l y Chair RE T. Ms. Tipton was representing her mother who owno a south subject property. She stated that she u " "'- the pr b pique neighborhood to the south of the e opmen = e Co ° pensive Plan shows there should be houses north of e existing nei rhoo elieved commercial development would ase prope ues, was opposed to widening the street because it wo .ring more lfic to the neighborhood. CommiVresidti ER commented that twenty feet would allow business customen the street adjacent to the property rather than going down into the eighborhood. In response to a question from Commissioner HOLLENDER, Ms. Tipton said she believed that duplexes on the southern end of the property would also reduce neighborhood property values. Ron Markow Mr. Markow was sworn in by Chair REINHART. Mr. Markow agreed with Ms. Tipton's continents and expressed opposition to the plan. He wanted the southern portion of the subject property to be zoned residential and buildings on the northern portion to be limited to one story in height. Planning Coaunission Minutes 3 June 18, 2009 George Isquith Mr. Isquith was swom in by Chair REINHART. He was opposed to the plan and didn't believe there was any need for change from the present situation with the RV sales business in front and RV storage on the southern end. Margie Brown Ms. Brown was swom in by Chair REINHART. She stated that she is married to George Isquith. She expressed opposition to commercial use on the southern end of the subject property. Ad — 4- Chair REINHART asked if there were others whop: is address the Commission. Hearing no response, he closed thel -- l h 6qg. —� 4 i Commissioner HOLLENDER stated that could see both sides�g the story, commenting that the RV business is nQ- O ng welluring these eco�rlomic times. Because this area is near a major interchangaanypTaposed developaent would be an improvement over what presently exis s Commissioner MATTHEWS a ed concern regl mg hotel -motel use on the property because of high crime r.41MI ated with 'h uses in Wheat Ridge. He was also opposed to a 20 foot right o:, yito the southern boundary of the property. t s y ' .� _��,. � �i' - rte. - Commissiong IETRIJcommente'What he believed a better land use than RV storage co(ibevelo He expres €hope that a final development plan would besvmDat¢tictnnz :hhnrhnnd., ncem.a_ �unissioiWYE reed with Commissioner DIETRICK. The land owner s a r ght to selh s pro d make it as marketable as possible. At the same I� there is an o ": ahone�residents nearby to not destroy the character of their ne rhood He ted thiat he was not convinced about gas station use because it is a drive -tFugh use, and could possibly contaminate water supplies. Commissioi W- FINHART stated that he is always uncomfortable when a plan doesn't meet � e Comprehensive Plan. However, revitalization of the site would be an improvement if neighbors are adequately protected. He didn't believe that the public interest would be served by asking more right -of -way to extend the road beyond what a reasonable entrance to the site would be. At the request of a citizen, Chair REINHART re- opened public hearing. Doris Meakins Ms. Meakins expressed concern about status of her water rights if the land is developed. Mr. Westberg explained that existing water rights are well protected. Planning Commission Minutes 4 June 18, 2009 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REINHART closed public hearing. Commissioner HOLLENDER encouraged residents to stay involved throughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER and sgMded by Commissioner DWYER to recommend approval, oease No. W7-09 -03, a request for approval of a zone change from GJARid with use restrictions to Planned Commercial Development and for a 1proval { man Outline Development Plan for property located a ESQ$ West 44 -1 for the following reasons: 1. The rear portion of the propertyMurre#1ly: underutilizeU 2. The relocation of the I -70 on and of�i ,amps dramatically changes the commercial development potential ofrproperty. 3. Evaluation criteria sup�t�pproval off equest. With the following conditions: 1. Under " ffi%g Uses ", a n6 e be added specifying that drive - through usesbI united e`� PP jP evelopmeUt Area "A ". 2. Use rirr 26 rden su 1 toes) be modified to allow outside �y display a t ian J 3. .-- mbe (self be removed from the list of permitted The fo'l% g no .= t o4zlded: "At the time of specific OAP submittal, s �. - -, a traffic ict an ysis will be required which may necessitate Vtesentsjmed ficatid to access points shown on this document." 5. be d in conformance with item 4 of the Public Works May, 4, 2009. Commission fMATTHEWS offered a friendly amendment to remove Use No. 34 from the list of permitted land uses. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5 -0 with Commissioners BRINKMAN, CUMVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m.. and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA- 09 -02 An ordinance amending Chapter 26 pertaining to residential development standards. Planning Commission Minutes 3 June 18, 2009 CITY COUNCIL MINUTES: August 24, 2009 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 16 -2009 — An Ordinance providing for a zone change from C -1, Commercial -One, and C -1, Commercial -One with use restrictions, to Planned 4V Commercial Development and for approval of an Outline Development Plan on property located at 11808 West 44� Avenue, Wheat Ridge, Colorado. (Case No. WZ -09 -03 - RV America) Mayor DiTullio opened the public hearing. Council Bill 16 -2009 was introduced on second reading by Council Member Langworthy. City Clerk Michael Snow assigned Ordinance No. 1447. Mrs. Reckert presented the staff report. Mrs. Reckert entered into record three letters of protest submitted by owners of plots adjacent to the property in question (amended to this packet) and declared that these letters do provide for sufficient Legal Protest of the requested rezoning. Thus, this rezoning will require a 3 /4 vote of approval by the Council. Mike Pharoh, representing the owner and applicant, RV America, believes the planned CDOT changes to the area and the potential economic impacts to the marketability of the property are a critical consideration in the benefits of this proposed rezoning. To this point, he emphasized that the Recreation Vehicle market has been hit hard by economy and if the RV America Company fails in this location, the current zoning of the property is not conducive to any other uses. Diane Tippon lives South and adjacent to this property and is opposed to the proposed rezoning. She doesn't believe the area has the potential or means to be a strong future retail section of the City, but would be better planned for future residential and recreational development that utilizes the open space and Clear Creek Trail system behind the property. Mrs. Tippon also believes this rezoning and potential for expanded retail and commercial development will only decrease the value of the residential properties already there. Ron Markow is opposed to this rezoning and would rather it be rezoned back to A -1 as it once was. He believes the proposed rezoning threatens the prized rural atmosphere of the community. Janice Thompson believes the rezoning to C -1 years ago was a mistake in that it interferes with a significant residential area and the planned uses in the Comprehensive Plan. Because of this, she believes all consideration should go to the impacts of the residential neighborhood. Issues of traffic, trash, noise, mountain views, landscaping appearance and particular commercial uses such as Restaurants or Hotels should be considered for their impact to the residential area. The Council needs to show that it cares as much for its existing residents as it does for its current and potential business owners. She requested that the Council show they respect home values, the owners' quality of life and the worth of the Clear Creek Open Space in the community by voting No on this proposal EXHIBIT 5 CITY COUNCIL MINUTES: August 24, 2009 Page -5- Margie Brown lives on Tabor Street and recognizes the benefit of a rezoning to the commercial property owner, but all the residential properties adjoining it would lose value. Mayor DiTullio closed the public hearing. Mayor called for a five - minute recess at 9:00; resuming at 9:08pm. Motion by Mrs. Langworihy to approve Council Bill 16 -2009 (Ordinance 1447) for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the 1 -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of the request. With the following condition: Use number 34 (hotels and motels) be eliminated from the list of permitted land uses; Seconded by Mrs. Rotola; failed 6 -2 with Council Members Berry and Adams voting Yes. Motion by Mr. Gokey to hear Agenda Item 6 next; seconded by Mrs. Sang; carried 8 -0. 6. Council Bill 23 -2009 — An Ordinance approving a Gas and Electric Utility Franchise with Public Service Company of Colorado, such Franchise conditioned on Voter approval of the same. Mayor DiTullio opened the public hearing. Council Bill 23 -2009 was introduced on second reading by Council Member Sang. City Clerk Michael Snow assigned Ordinance No. 1451. Mr. Dahl presented the staff report. Mr. Snow pointed out that though the Franchise is with PSCo, this is not different from the Utility Services from Xcel Energy. With respect to this Franchise with the City of Wheat Ridge, PSCo and Xcel Energy are essentially the same. Rob Osborn of Xcel Energy was present to speak on behalf of the Public Service Company of Colorado and encouraged the Council to approve the proposed Franchise. Mr. Osborn highlighted that the City will benefit from a 3% Franchise fee with this Franchise in place. Mr. Bever has received the numerous notifications and read the proposed Franchise. However, he does not believe it explains exactly what it means. Mr. Dahl explained that such a Franchise is required for a public utility company such as Xcel Energy (PSCo) to provide those services to the City. Our existing utility services today are all operated under the similar Franchise that was put in place by the voters in 1989. This Ordinance refers to the Voters of Wheat Ridge the approval to renew the D 7, t Zl�v I' Q T Ht - sA �kA AL, EXHIBITI 7 City of R dge MUNIIY DEti EEOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: October 12, 2010 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29` Avenue Wheat Ridge, CO 80033 Property location: 11808 W. 44 "' Avenue Applicants: Hari Sach 11808 W. 44 Avenue Wheat Ridge, CO 80033 888 - 311 -4497 Mike Pharo, owner's consultant Property owners: Hall Sach 11808 W. 44' Avenue Wheat Ridge, CO 80033 Property Owner(s) present? Yes Existing Zoning: Unrestricted C -1 (northern one - third), restricted C -1 (southern two - thirds) Comprehensive Plan Designation: Neighborhood Commercial Corridor (northern half), Neighborhood (south half) Members of the public present: Ron Marckow: 4180 Tabor Street Tim Pratt: 4160 Tabor Applicant's Proposal: The owner of RV America would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the rear portion of the property are restrictive and essentially limit the property to be used for RV storage. EXHIBIT 3 The applicant is desirous of rezoning the property to MU -C Interstate (Mixed Use - Commercial) on the northern portion and MU -N (Mixed Use - Neighborhood) on the southern portion. Existing Conditions: The property is 3.5 acres in size and is located on the southwest corner of W. 44 "' and Tabor St. The adjacent properties along W. 44 are zoned C -1 with the exception of a small area on the property to the west, which is zoned C -2. The areas to the south of the property are zoned A -1 developed with single family homes and open space. As Tabor St. extends south of W. 44 "' Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley (20') and provides access to the residential lots to the south of the property in question. As Tabor St. extends to the north of W. 44 "' Ave., it is the only street that provides access over I -70 in between Ward Rd. and Kipling St. There is currently no access to the property from Tabor Street. The following issues were discussed: What is happening with the CDOT project for relocation of ramps and related improvements on 44th Avenue? The new I -70 on and off ramps will be located to the west ofHeinie's Market encompassing most of the Public Storage property. Improvements to 44 will include widening, installation of curb, gutter and sidewalk and installation of raised medians which will limit access to many of the adjacent properties to right -in /right -out only. The subject property will have no left turn access to 44` Avenue with the two existing accesses limited to right -in /right -out. Will a traffic signal be installed at the corner of 44 "' Avenue and Tabor? If the property is redeveloped and generates sufficient traffic to meet "warrants ", a traffic signal would be installed. On the drawing, why is there a line drawn through the middle of the property? The line will be used to designate two district use areas. The northern portion adjacent to 44' ven tie will have higher intensity uses more oriented to impulse purchases such as fast food restaurants. The southern portion will have less intensive uses and development standards more appropriate adjacent to residential development such as a 35' height limitation where the front piece height allowance will be 50'. What are the uses being proposed? The uses listed were taken primarily from the C -1 permitted use list with many of the undesirable uses eliminated. A few of the eliminated uses include adult entertainment establishments and car repair- facilities. Discussion of desirable uses continued. There was some sentiment that no development should be allowed. It was pointed out that visually, development may have less impact than currently exists with the RV storage. One of the desirable uses suggested was a landscape nursery. Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago? The last application for a change in zoning conditions was filed in 1999. The case was withdrawn after a denial recommendation was given by Planning Commission. It is the property owner's right to be able to apply for zoning modifications on his property. What is proposed for Tabor Street? If access is approved for Tabor Street, the developer will be responsible for dedication, widening and installation of public improvements from 44 down to the new access point. No widening or improvements would extend to the south where residential access begins. It was indicated from the attendees that people drive down Tabor where there is no turn around requiring turn around using private driveway. This type of intrusion into the neighborhood has included delivery vehicles and even semi trucks. It was posed whether the City would be agreeable to physically restricting access such as gating. This is cloubtfid clue to emergency access issues. 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) No members of the public wished to speak at this time. PUBLIC HEARING A. Case No. WZ- 10 -09: An application filed by RV America for approva. of a zone change from C -1 and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) for property located at 11808 West 44` Avenue. Commissioner BRINKMAN requested to be recused from hearing the case because she is a friend of the applicant. She also noted that, for the sake of consistency, she recused herself from hearing the last case the applicant brought before the Commission. The Commission voted 7 -0 to grant Commissioner BRINKMAN's request. (Commissioner BRINKMAN left the council chambers at this time.) The case was presented by Meredith Reckert. 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. Staff concluded that the rear portion of the property is currently underutilized. Further, there are changing conditions in the area which will dramatically impact the commercial viability of the property. Zone change criteria also support the request. Therefore, staff gave a recommendation of approval with conditions outlined in the staff report. Following several clarification questions from Commission members, the applicant addressed the Commission. Mike Pharo Land Planning Consultant Mr. Pharo, representing the applicant, stated that the land is presently under- utilized in light of the fact that 2/3 of the property can only be used for recreational vehicle storage. Further, the C -1 area abutting 44` is too small for any reasonable redevelopment. The applicant is requesting the rezone in order to expose the property to the marketplace. He did not believe the northern portion would ever be developed to maximum allowances specified in the MU -C Interstate zone district. He stated that he had no problem with separation of the property into 2 different zones. He did not agree with the third condition that asks for a 20 -foot right -of -way dedication along the entire frontage of Tabor Street. This would be detrimental to residential property owners to the south and would Planning Commission Minutes ATTACHMENT 3 January 20, 2011 change the character of the neighborhood. He could see no reason for this request which would penalize the applicant and asked that the condition be reconsidered. Commissioner TIMMS asked if the applicant's intention is to immediately place the property on the market if the zoning is approved. Harry Sach Owner, RV America Mr. Sach stated that the property would be placed on the market if the zoning change is approved. He stated that he is not sure whether the property would be more valuable with the zone change. Mike Pharo returned to the podium. In response to Commissioner POND'S comment that Tabor would most likely provide access to the southern portion of the property, Mr. Pharo stated that he sees this as a single property with a zone line in the middle. The applicant is not proposing that traffic would go south into the residential neighborhood and then go west into the property. In response to a question from Commissioner DWYER, Mr. Pharo stated that no studies have been done or development proposals received at this time. He did not see the use as being any more intense than normal retail use with a floor area ratio of .25 or .22 to 1. He didn't think.buildings would be 6 -8 stories, but more likely 2 -3 stories. Commissioner DWYER asked why the applicant is asking for Mixed Use Commercial Interstate (MU -C Interstate) for half of the property rather than asking for Mixed Use Neighborhood (MU -N) for the entire piece. Mr. Pharo replied that he believed the northern portion of the property fits well with Mixed Use Commercial Interstate (MU -C Interstate) and that they are recognizing the interstate opportunities as well as the neighborhood conditions. He did not think MU -C Interstate would be out of character for 44` Avenue. Chair MATTHEWS :opened the public hearing Diane Tipton 4311 Tabor Ms. Tipton voiced her opposition to any zone change of the property. Tabor is a very narrow road with inadequate place to turn around. There has been an increase in traffic on Tabor since the interchange has opened. She stated that RV storage is the perfect business to abut her residential neighborhood. Commissioner DWYER asked Ms. Tipton how she felt about the proposed 20- foot dedication on Tabor. Ms. Tipton objected to Tabor narrowing down to a one - lane road which would present a danger as more traffic would be driving down the one -lane road, turning around and then speeding out of the neighborhood. Planning Commission Minutes 3 January 20, 2011 George Isquith 4250 Tabor Mr. Isquith voiced his opposition to the zone change. He believed Mr. Sach should sell the property as it is presently zoned. In response to a question from Commissioner TIMMS, Mr. Paranto stated that Tabor Street, north of 44 Avenue, would run to the proposed light rail station. The light rail station will serve people more to the north and west of 44 Avenue. A signal at 44 and Tabor has not been analyzed for warrants at this time. A light most likely would be necessitated by traffic on Tabor north of 44 rather than necessitated by development of the subject property. In response to a question from Commissioner MATTHEWS, Ms. Reckert stated that individual RV storage is presently allowed as well as inventory storage. Commissioner DWYER commented that while he thinks it is unlikely there would be an 8 -story building on the site, it seems that MU -C Interstate zoning is a very intensive use and he would prefer MU -N zoning on both parcels for the protection of residents to the south. Commissioner OHM commented that a 20 -foot right -of -way dedication would better provide for emergency access. Access from Tabor could be economicall} beneficial to owners of the property and would also provide opportunities for utility tie -ins. He suggested that the existing fence on the southern border could be replaced with a 6 -8 foot height masonry wall with a landscape buffer that would also provide sound mitigation. Commissioner TIMMS commented that he would have difficulty supporting MU- N on the north portion of the property. Single family homes facing 44 Avenue would not be desirable. Commissioner MATTHEWS stated that, while he agreed that MU -C Interstate is an intense use, the property has a right- turn -in and right - turn -out so people would be driving away from the interstate when they leave the property. He questioned the need for a 20 -foot right -of -way dedication to the south property line on Tabor. Commissioner POND agreed with Commissioner TIMMS that MU -C Interstate is more appropriate for the 44 Avenue frontage. He believed there was a reasonable need for the right -of -way dedication for emergency access and development considerations. Mike Pharo returned to the podium. He stated that the right -in and right -out situation on 44 Avenue is one reason there is no objection to dedicating right -of- way along Tabor to the zone demarcation line. Dedicating right -of -way to the south would penalize the applicant because he is asked to reserve land that he can't utilize. Planning Commission Minutes 4 January 20, 2011 In response to a question from Commissioner OHM, Mr. Pharo stated that he would be agreeable to an access easement from the northern half to the southern half of the property. He stated he has no desire to access the southern piece through the residential area south of the zone demarcation line. Chair MATTHEWS closed the public hearing. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use - Commercial Interstate and Mixed Use- Neighborhood for property located at 11808 West 44` Avenue for the following reasons: 1. The rear portion of the property is currently under - utilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20 -foot right -of -way be dedicated along the frontage of Tabor Street to a line consistent with the A -1 zoning line on the east side of Tabor Street. Commissioner DWYER stated that his right -of -way condition was to make it difficult to sell the property in two pieces. Unless there is access from 44 Avenue, selling the property in two pieces creates a land - locked parcel. Commissioner TIMMS commented that the approval of the application would not prohibit the opportunity during the platting process to acquire right -of -way if needed. The motion carried 5 -1 with Commissioner DWYER voting no and Commissioners BRINKMAN and BUCKNAM absent. It was moved by Commissioner POND and seconded by Commissioner DWYER to break for a five- minute recess. The motion passed 7 -0. (The meeting was recessed from 8:17 p.m. to 8:23 p.m.) Planning Commission Minutes 5 January 20, 2011 CITY OF WI-MAT RIDGE 7500 WEST 29 AVENUE WHEAT RIDGE COLO. IEFFERSON 80033 Phone (303) 235 -2846 Fax (303) 235 -2857 January 25, 2011 City Council Members City Council„ 2011 FEB 2U 1a i l i G eo r G L L . � Here by due submit this as a legal protest To the rezoning of case number WZ -10 -09 in the city of Wheat Ridge CO, 80033 Sincerely, -1-Yi- �cf X70 T ATTACHMENT 4 I GEORGE L ISQUITH 3 4350 Taber Street Wheat Ridge, CO. 80033 1 Phone(303)940 -8387 GB@comcast.ret Februa: v 21, 201 City of Wheat Ridge 7500 W.29 Avenue Wheat Ridge, Co. 80033 Dear Council, In sending in a legal protest for a zone change.Case No. WZ- 10 -09. i feel this will open the Lot at 11808 West 44 Avenue to, to many uncertainties. Commercial uses that will go To far back into our residentiai neighbor hood. Ail this is still doing is breaking up the lot Into two zone's and sending it into close to are home's. With the use's to open and unforgiving The small Commercial one zone fits much better along 44th Avenue from Brewer tire east to Kipling St. This is all small business and residential mix. I feel this is just away for the owner to make more profit: so he can seii it and move out of the City of Wheat Ridge faster. Sincerely, Signature � LLJ -Eg 2 2 U CC w 01 c OOC C CI POSTING CERTIFICATION CASE NO. PLANNING CONMSSION / CITY COUNCIL / BOARD OF ADTUSTWNT (Circle One) HEA DATE: /L% •• �� residing at 1/A�/ r/ &/ , m ;/ _ ,8� (address) as the applicant for Case No. 4 - —� ,hereby certify that I have posted the Notice of Public Hearing at _1 /�rIC (location) , on this �S day of //// 2 d � , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and in the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below, , Signature: --- NOTE: This form must be submitted at the public hearing on this applicant's case file at the Department case and will be placed in the Of Planning and Development. Wz 8816 PCDP�e�I� C -1 - L - -j A..� WZ A e waalH AVfi o SHUMWAY Z �° PEARL ° o RE -SUB A'2'' OF THE SUP -oat Z a VALLEY C -1 ° SUB R -1 ° = A -2 A A.M.T. C -1 DEVELOPMENT LORD. wZ -9D -8 n - - k WE5TLAKE 8 °s PARK` SUB x C - C -1 - _-- DAVISHER SUB MS -9S5 PR05PECT PARK PLACE PCD wzaal WZ -8 &12 CITY OF WHEAT RIDGE r 7500 WEST 29 AVENUE WHEAT RIDGE COLO. LM FEB 24 A ti, 11 JEFFERSON 80033 Phone(303)235 -2846 Fax (303) 235 -2857 January 25, 2011 City Council Members Cit Council„ 1 �/ Pt7 u 2 �SLd ✓ 17� Here by due submit this as a legal protest To the rezoning of case number WZ -10 -09 in the city of Wheat Ridge CO. 80033 Sincerely, ..., �' Tghc r Jtree l•2hp:u Ridge. � ^,. 90033 Phone (30319aMM7 Gh4comcastnet February 21. 2011 UtY Or wneat MO PP, 7rnn W 99 Avenue Wheat Ridge. CO. 80033 Dear Council. in sending in a iegai protest fora zone change.iase No. w & 10 -09. I feel this will open the Lot at 11808 West 44 Avenue to . to manv uncertainties. Commercial uses that will go To fa r back into our residential neighbor hood. Ail this is still doing is breaking up the lot Into two zone's and sending it in to close to are home's. With the use's to open and unforgiving The small Commercial one zone fits much better along 44a Avenue from Brewer tire east to Kioling St. This is all small business and residential mix. I feel this is just a way for the owner to make more profit; so he can sell it and move out of the Citv of Wheat Ridge faster. Sincerelv. Signature "l t ✓;� -��/ City of I Wheat -Midge ITEM NO: 3 DATE: February 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03 -2011 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44 AVENUE FROM COMMERCIAL -ONE (C -1) AND COMMERCIAL -ONE WITH USE RESTRICTIONS TO MIXED USE - COMMERCIAL INTERSTATE (MU -C INTERSTATE) AND MIXED USE - NEIGHBORHOOD (MU -N) ZONE DISTRICTS (CASE NO. WZ- 10 -09/RV AMERICA) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (02/14/2011) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING(03 /14/2011) ❑ RESOLUTIONS S ❑ NO r City Manager ISSUE: In September of 2010, City Council adopted new mixed use zone districts which are intended to create a streamlined development review process, allowing higher density, mixed use development and with a range of land uses, including residential. This is the first privately initiated zone change to mixed use since adoption of the mixed use zone district regulations this fall. The applicant requests approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located at 11808 W. 44' Avenue. The zone change is the first step of the process for approval for redevelopment of this site with mixed use zoning. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is recommended to be conditioned on approval of a future subdivision plat. Case No. WZ- 10 -09/RV America Council Action Form February 14, 2011 Page 2 PRIOR ACTION: Planning Commission reviewed this request and recommended approval with conditions at a public hearing held on January 20, 2011. A motion was made for approval for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of this request. With the following conditions: 1. The proposed zoning boundary between the two districts is consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right -of -way be dedicated along the entire frontage of Tabor Street. There were two people in the audience who spoke in opposition to the request. FINANCIAL IMPACT: One -time fees for the zone change were submitted for the application. If the property is redeveloped, there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property is 3.5 acres in size and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a Recreational Vehicle sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. Existing zoning In 1993, City Council approved a zone change for the property from RC, Restricted Commercial, and A -1, Agriculture -One, to C -1. The zoning approval was heavily conditioned allowing unrestricted C -1 zoning on the front portion of the property but restricting the rear portion of the property to RV storage only. There have been three prior unsuccessful zone change applications on the property; all were to rezone so that use restrictions on the rear portion were lifted. The most recent land use application was initiated in 2009 for a zone change to Planned Commercial Development and approval of a concept Outline Development Plan. The case was recommended for approval by Planning Commission but denied by City Council. Staff would note that at the City Council public hearing a recommendation of approval was made but did not pass due to the requirement for three - fourth's vote of Council when a zone change is subject to a legal protest. Council Action Form February 14, 2011 Page 3 Proposed zoning The applicant is requesting a zone change which would allow Mixed Use Commercial — Interstate (MU -C Interstate) on the northern portion of the property with Mixed Use Neighborhood (MU -N) on the southern portion. Staff s recommendation is that the location of the zoning line be consistent with the location of the A -1 zoning line on the property to the east side of Tabor. The MU -C interstate is intended for areas generally within 500' of I -70, located on major commercial corridors with direct access to I -70. The MU -N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allow for a more limited range of neighborhood- serving commercial and retail uses, in addition to residential. Changed conditions In November of 2010, the CDOT project was completed which relocated the I -70 onloff ramps from the previous location east of Ward Road roughly 1000' to the east. The new ramps tie into the north side of W. 44 Avenue across from the western boundary line of the subject land. This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear of the parcel would allow a currently underutilized commercial property to be developed into a tax generating property. Guiding documents Envision Wheat Ridge, the comprehensive plan adopted in October 2009, designates the north half of the property as Neighborhood Buffer Area. These areas should be located on the "edges" of neighborhoods to act as buffers between low intensity residential areas and higher intensity commercial corridors. Desired uses in these areas are full scale commercial uses with higher density residential and office. The southern half of the property is designated as Neighborhood and could include owner- occupied single family and high quality multi - family development. West 44` Avenue is designated as Neighborhood Commercial Corridor. The West 44` Avenue/Ward Road redevelopment area plan identifies desirable land use as community commercial on the front and residential on the rear. The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. The designations on the Comprehensive Plan Structure Plan are not intended to be absolute. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing conditions in the area or in the city in general. Council Action Form February 14, 2011 Page 4 Staff has concluded that because the MU -N zoning allows a variety of residential development, the request is consistent with both of the Comprehensive Plans. Staff fiuther concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business ". The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer upon future redevelopment of the property. Tabor Street abutting the property is only 20' wide. Public Works has requested a 20' right -of -way reservation for the length of the property to accommodate future traffic improvements to Tabor Street. The Planning Commission staff report and minutes will be attached at the time of second reading for additional background on this application. RECOMMENDED MOTION: "I move to approve Council Bill No. 03 -2011 an ordinance approving the rezoning of property located at 11808 W. 44` Avenue from Commercial -One (C -1) and Commercial -One (C -1) with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (MU -N) zone districts on first reading, order it published, public hearing set for Monday, March 14, 2011 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 03 -2011 an ordinance approving the rezoning of property located at 11808 W. 44 Avenue from Commercial -One (C -1) and Commercial -One (C -1) with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (NU -N) zone districts for the following reason(s) " REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 03 -2011 INTRODUCED BY COUNCIL MEMBER Council Bill No. 03 Ordinance No. Series of 2011 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44 AVENUE FROM COMMERCIAL -ONE (C -1) AND COMMERCIAL -ONE WITH USE RESTRICTIONS TO MIXED USE - COMMERCIAL INTERSTATE (MU -C INTERSTATE) AND MIXED USE NEIGHBORHOOD (MU -N) ZONE DISTRICTS (CASE NO. WZ- 10 -09 /RV AMERICA) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was recently modified to add four new mixed use zoning districts; and, WHEREAS, Michael Pharo on behalf of RV America has submitted a zone change application to Mixed Use - Commercial Interstate and Mixed -Use Neighborhood for property located at 11808 W. 44 Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 20, 2011 and voted to recommend approval of a rezoning of the property to be rezoned to Mixed -Use Commercial Interstate and Mixed -Use Neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change ordinance for property located at 11808 W. 44 Avenue from Commercial -One (C -1) and Commercial -One (C -1) with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use — Neighborhood (MU -N) zone districts, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, the following zone changes are approved. MIXED USE — INTERSTATE COMMERCIAL (MU -C INTERSTATE): The northern 250' of the parcel described below shall be zoned MU -C Interstate. MIXED USE — NEIGHBORHOOD (MU -N): The southern 228' of the parcel described below shall be zoned MU -N. LEGAL DESCRIPTION FOR ENTIRE PARCEL: l THE EAST ONE -HALF OF THE NORTH ONE -THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE Attachment 1 RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89 0 09'18 "W. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89 8"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00 °50'42 "W, 118.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING THENCE S89 0 23'27 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86 0 48'38 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00 0 24'47 "W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44 AVENUE; THENCE N89 0 13'26 "E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF TABOR STREET; THENCE S00 0 24'47 "E ALONG THE WEST RIGHT -OF -WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26 -121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 14th day of February, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 14, 2011, at 7:00 o'clock 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 to , this 14th day of March, 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 1St publication: 2 nd publication: Wheat Ridge Transcript Effective Date: Approved as to form by City Attorney Gerald Dahl, City Attorney 4 =. City of Wheat�dge - COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building January 31, 2011 Mike Pharo 7777 S. Depew St. Littleton, CO 80128 Dear Mike: 7500 W. 29'" Ave. Wheat Ridge, CO 80033 - 8001 P: 303.235.2846 F: 303.235.2857 At its meeting of January 20, 2011, Planning Commission recommended APPROVAL of Case No. WZ- 10-09, a request for approval of a zone change from C -I and C -1 with use restrictions to Mixed Use - Commercial Interstate and Mixed Use - Neighborhood for property located at 11808 West 44th Avenue for the following reasons: 1. The rear portion of the property is currently under - utilized. 2. The relocation of the 1 -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. The zone change ordinance will not become effective until a plat document is reviewed and approved. Upon platting, a 20 -foot right -of -way be dedicated along the frontage of Tabor Street to a line consistent with the A -1 zoning line on the east side of Tabor Street. Your request for approval of a zone change is scheduled for public hearing before City Council at 7:00 p.m. on March 14, 2011 Eighteen (18) copies of the full- sized, pre - folded outline development plans plus one (1) reduced set of plans are required by February 25th. Please feel free to contact me at 303 - 235 -2846 if you have any questions. Sincerely, r t � Kathy Fief Administrative Assistant Enclosure: Draft of Minutes cc: Hari Sach 1180 8 W. 44 ° i Ave. Wheat Ridge, CO 80033 WZ -10 -09 (case file) WZ1009.doc www.ci.wheatridge.co.us 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) No members of the public wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ- 10 -09: An application filed by RV America for approval of a zone change from C -1 and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) for property located at 11808 West 44 t1i Avenue. Commissioner BRINKMAN requested to be recused from hearing the case because she is a friend of the applicant. She also noted that, for the sake of consistency, she recused herself from hearing the last case the applicant brought before the Commission. The Commission voted 7 -0 to grant Commissioner BRINKMAN's request. (Commissioner BRINKMAN left the council chambers at this time.) The case was presented by Meredith Reckert. 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. Staff concluded that the rear portion of the property is currently underutilized. Further, there are changing conditions in the area which will dramatically impact the commercial viability of the property. Zone change criteria also support the request. Therefore, staff gave a recommendation of approval with conditions outlined in the staff report. Following several clarification questions from Commission members, the applicant addressed the Commission. Mike Pharo Land Planning Consultant Mr. Pharo, representing the applicant, stated that the land is presently under- utilized in light of the fact that 2/3 of the property can only be used for recreational vehicle storage. Further, the C -1 area abutting 44` is too small for any reasonable redevelopment. The applicant is requesting the rezone in order to expose the property to the marketplace. He did not believe the northern portion would ever be developed to maximum allowances specified in the MU -C Interstate zone district. He stated that he had no problem with separation of the property into 2 different zones. He did not agree with the third condition that asks for a 20 -foot right -of -way dedication along the entire frontage of Tabor Street. This would be detrimental to residential property owners to the south and would Planning Commission Minutes 2 January 20, 2011 change the character of the neighborhood. He could see no reason for this request which would penalize the applicant and asked that the condition be reconsidered. Commissioner TIMMS asked if the applicant's intention is to immediately place the property on the market if the zoning is approved. Harry Sach Owner, RV America Mr. Sach stated that the property would be placed on the market if the zoning change is approved. He stated that he is not sure whether the property would be more valuable with the zone change. Mike Pharo returned to the podium. In response to Commissioner POND'S comment that Tabor would most likely provide access to the southern portion of the property, Mr. Pharo stated that he sees this as a single property with a zone line in the middle. The applicant is not proposing that traffic would go south into the residential neighborhood and then go: west into the property. In response to a question from Commissioner DWYER, Mr. Pharo stated that no studies have been done or development proposals received at this time. He did not see the use as being any more intense than normal retail use with a floor area ratio of .25 or .22 to 1. He didn't think buildings would be 6 -8 stories, but more likely 2 -3 stories. Commissioner DWYER asked why the applicant is asking for Mixed Use Commercial Interstate (MU -C Interstate) for half of the property rather than asking for Mixed Use Neighborhood (MU -N) for the entire piece. Mr. Pharo replied that he believed the northern portion of the property fits well with Mixed Use Commercial Interstate (MU -C Interstate) and that they are recognizing the interstate opportunities as well as the neighborhood conditions. He did not think MU -C Interstate would be out of character for 44` Avenue. Chair MATTHEWS opened the public hearing. Diane Tipton 4311 Tabor -z Ms. Tipton voiced her opposition to any zone change of the property. Tabor is a very narrow road with inadequate place to turn around. There has been an increase in traffic on Tabor since the interchange has opened. She stated that RV storage is the perfect business to abut her residential neighborhood. Commissioner DWYER asked Ms. Tipton how she felt about the proposed 20- foot dedication on Tabor. Ms. Tipton objected to Tabor narrowing down to a one- lane road which would present a danger as more traffic would be driving down the one -lane road, turning around and then speeding out of the neighborhood. Planning Commission Minutes 3 January 20, 2011 George Isquith 4250 Tabor Mr. Isquith voiced his opposition to the zone change. He believed Mr. Sach should sell the property as it is presently zoned. In response to a question from Commissioner TIMMS, Mr. Paranto stated that Tabor Street, north of 44 °i Avenue, would run to the proposed light rail station. The light rail station will serve people more to the north and west of 44 Avenue. A signal at 44 and Tabor has not been analyzed for warrants at this time. A light most likely would be necessitated by traffic on Tabor north of 44' rather than necessitated by development of the subject property. In response to a question from Commissioner MATTHEWS, Ms. Reckert stated that individual RV storage is presently allowed as well as inventory storage. Commissioner DWYER commented that while he thinks it is unlikely there would be an 8 -story building on the site, it seems that MU -C Interstate zoning is a very intensive use and he would prefer MU -N zoning on both parcels for the protection of residents to the south. Commissioner OHM commented that a 20 -foot right -of -way dedication would better provide for emergency access. Access from Tabor could be economically beneficial to owners of the property and would also provide opportunities for utility tie -ins. He suggested that the existing fence on the southern border could be replaced with a 6 -8 foot height masonry wall with a landscape buffer that would also provide sound mitigation. Commissioner TIMMS commented that he would have difficulty supporting MU- N on the north portion of the property. Single family homes facing 44' Avenue would not be desirable. Commissioner MATTHEWS stated that, while he agreed that MU -C Interstate is an intense use, the property has a right- turn -in and right- turn -out so people would be driving away from the interstate when they leave the property. He questioned the need fora 20 -foot right -of -way dedication to the south property line on Tabor. Commissioner POND agreed with Commissioner TIMMS that MU -C Interstate is more appropriate for the 44 Avenue frontage. He believed there was a reasonable need for the right -of -way dedication for emergency access and development considerations. Mike Pharo returned to the podium. He stated that the right -in and right -out situation on 44 Avenue is one reason there is no objection to dedicating right -of- way along Tabor to the zone demarcation line. Dedicating right -of -way to the south would penalize the applicant because he is asked to reserve land that he can't utilize. Planning Commission Minutes 4 January 20, 2011 In response to a question from Commissioner OHM, Mr. Pharo stated that he would be agreeable to an access easement from the northern half to the southern half of the property. He stated he has no desire to access the southern piece through the residential area south of the zone demarcation line. Chair MATTHEWS closed the public hearing. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -i with use restrictions to Mixed Use - Commercial Interstate and Mixed Use- Neighborhood for property located at 11808 West 44` Avenue for the following reasons: 1. The rear portion of the property is currently under - utilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20 -foot right -of -way be dedicated along the frontage of Tabor Street to a line consistent with the A -1 zoning line on the east side of Tabor Street. Commissioner DWYER stated that his right -of -way condition was to make it difficult to sell the property in two pieces. Unless there is access from 44` Avenue, selling the property in two pieces creates a land - locked parcel. Commissioner TIMMS commented that the approval of the application would not prohibit the opportunity during the platting process to acquire right -of -way if needed. The motion carried 5 -1 with Commissioner DWYER voting no and Commissioners BRINKMAN and BUCKNAM absent. It was moved by Commissioner POND and seconded by Commissioner DWYER to break for a five- minute recess. The motion passed 7 -0. (The meeting was recessed from 8:17 p.m. to 8:23 p.m.) Planning Commission Minutes 5 January 20, 2011 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION January 20, 2011 Case No. WZ -10 -09 — An application filed by RV America for approval of a zone change from C -1 and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) located at 11808 West 44 Avenue. 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Reckert DATE OF MEETING: January 20, 2011 CASE NO. & NAME: WZ- 10- 09/Mike Pharo for Hari Sach (RV America) ACTION REQUESTED: Approval of a zone change from C -1 and C -1 with conditions to Mixed Use — Commercial Interstate and Mixed Use - Neighborhood LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: 11808 W. 44 Avenue Hari Sachanandani 3.5 acres PRESENT ZONING: Unrestricted C -1 (northern one - third), restricted C -1 (southern two - thirds) COMPREHENSIVE PLAN: Neighborhood Buffer/Neighborhood Commercial Corridor/Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commission WZ- 10 -09/RV America 1 ATTACHMENT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate (MU -C Interstate) and Mixed Use - Neighborhood (MU -N). The zone change is the first step of the process for approval for redevelopment of this site. If approved and prior to construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is recommended to be conditioned on approval of a future subdivision plat. The property is comprised of three parcels. For the purposes of this land entitlement process, the address of 11808 W. 44 Avenue is being used. The legal description for publication purposes included all three parcels. (Exhibit 1, Applicant letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is 3.5 acres in size and has frontage on W. 44"' Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a sales office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. A 6' high brick and wooden fence runs along the Tabor Street frontage. Six foot high chain link fencing is in place along the west property line with a 6' high wooden fence along the south. A chain link fence with gate also runs behind the structure securing the vehicles being stored in the rear. The remainder of the property is devoid of any buildings. The rear parcel has a road -based surface. There are three existing curb cuts to 44 Avenue; however only the center one is currently being used. In 1993, City Council approved a zone change from RC, Restricted Commercial, and A -1, Agriculture -One, to C -1 on the three subject parcels of property, identified as Parcels A, B and C (Exhibit 2, survey plat) The zoning approval was heavily conditioned including the requirement for construction of a decorative fence, closure of curb cuts on 44 and use restrictions on Parcel B. The front two pieces of property have unrestricted Commercial -One zoning but Parcel B, while zoned C -1, is restricted to RV storage only. (Exhibit 3, 1993 exhibit) There have been three prior unsuccessful zone change applications on the property; all were to rezone so that use restrictions on the rear were lifted. The most recent land use application was initiated in 2009 for a zone change to Planned Commercial Development and approval of a concept Outline Development Plan. The case was recommended for approval by Planning Commission but denied by City Council. Staff would note that at the City Council public hearing a recommendation of approval was made but did not pass due to the requirement for three- fourth's vote of Council when a zone change is subject to a legal protest. (Exhibit 4, Planning Commission minutes; Exhibit 5, City Council minutes) Planning Commission WZ- 10 -09/RV America III. PROPOSED ZONING Background In September of 2010, City Council approved legislation adopting new mixed use zone districts. Prior to that, the only provision in the code for mixed use development was the Planned Mixed Use district (PMUD) requiring a site development plan (concept ODP and specific ODP). This presented challenges to applicants as the planned development approval process is lengthy, unpredictable and expensive, taking around six months without certainty of the outcome. The intent for adoption of the new mixed code was to provide a clear predictable and streamlined development process which would establish general development parameters, allowed uses, setbacks and building heights without providing a site plan level of detail. Once rezoned through a public hearing process, the review process for construction would be administrative. The applicant is requesting a zone change which would allow Mixed Use Commercial — Interstate (MU -C Interstate) on the northern portion of the property with Mixed Use Neighborhood (MU -N) on the southern portion. Staff's recommendation is that the location of the zoning line be consistent with the location of the A -1 zoning line on the property to the east side of Tabor. See map inserted below. Planning Commission should note that it is customary, but not required; to have zoning lines follow property lines. If approved, Staff will require a condition that a subdivision plat be prepared and processed removing the current lot lines and establishing a new lot line coincident with the zoning line. In order do accomplish this; the zone change ordinance will not become effective until the plat memorializing the new lot configuration is approved. While not customary, this concept has been reviewed and approved by the City Attorney. Planning Commission WZ- 10 -09/RV America The following is a synopsis of the two proposed zone classifications: Mixed Use - Commercial Interstate (MU -C Interstate) The MU -C interstate is intended for areas generally within 500' of I -70 located on major commercial corridors with direct access to I -70. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Mixed Use - Neighborhood (MU -N) The MU -N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but allows for a more limited range of neighborhood- serving commercial and retail uses, in addition to residential. The following matrix designates uses and development parameters for the two zone districts. Development parameter MU -C (Interstate) MU -N Building height 8 stories (118') — mixed use 35' - for residential use bldg. 50' — all other buildings 6 stories (90') — single use bld Setbacks/landscape buffers Minimum side 0' 0' Minimum rear 5' S' Min. side and rear adj. to 1 — 2 story building = 10' 1 — 2 story building = 10' residential 3 story building = 15' 3 story building = 15' 4 story or higher = 20' 4 story or higher = 20' Development adjacent to 6' buffer with 6' screen (fence 6' buffer with 6' screen (fence residential (parking lot buffer) or upright landsca in) or upright landscaping) Required open space Mixed use= 10% Mixed use= 10 % Single use = 15% Single use= 15% Uses Single family/duplex Not permitted Permitted Multi-family Permitted Permitted Community/ public buildings Permitted Permitted Banks with drive -tbrou h Conditional Use Conditional Use Restaurants Permitted Permitted Restaurant with drive- through Conditional Use Conditional Use Gas stations Conditional Use Conditional Use Uses with outdoor storage Not permitted Not permitted Retail sales — up to 20,000 s.f. Permitted Permitted Retail sales — up to 60,000 s.f. Permitted Conditional Use Office Permitted Permitted Architectural standards Fagade articulation Fagade articulation Material variation Material variation Transparency requirements Transparency requirements Build -to lines Build -to lines Planning Commission 4 WZ-10 -09/RV America IV. GUIDING DOCUMENTS The following documents are to be used for guides when considering zone changes. COMPREHENSIVE PLAN: Envision Wheat Ridge — adopted October 2009 North half of property designated Neighborhood Buffer Area (brown color): • Located on the "edges" of neighborhoods • Meant to act as a buffer between low intensity residential areas and higher intensity commercial corridors • Mix of small scale commercial uses with higher density residential, office and commercial uses South half of property designated Neighborhood (yellow color): • Consistent character— single family with high quality multi - family • High rates of reinvestment and home ownership, consistent maintenance • Originally shown as neighborhood Buffer Area — modified due, in part, to neighborhood input W. 44 Avenue designated as Neighborhood Commercial Corridor (pink dotted) • Properties on corridor contain a broad mix of activities including retail, commercial businesses, and residential. Meant to supply the daily services and needs of adjacent residential. NEIGHBORHOOD REVITALIZATION STRATEGY — adopted 2005 • Identified strategies for the city to become a "community of choice ". • Goal for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, developing W. 44` Avenue into a destination corridor and targeting underutilized commercial properties for redevelopment. Planning Commission WZ- 10 -09/RV America FRUITDALE SUBAREA PLAN — adopted 2007 • While not officially located within the subarea plan, this property lies adjacent to the boundary of the subarea. • Property is shown as being adjacent to a commercial node with specific land use designation of commercial on the northern two - thirds and single family on the southern one third URBAN RENEWAL PLAN: W. 44 th Avenue/Ward Road redevelopment area — adopted October 2001 • Identifies desirable land use as community commercial on the front and residential on the rear V. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26- 112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; There is not a mistake on the official city maps. The property is zoned Commercial -One and Commercial -One with use restrictions. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, The western portion of the city has the potential for the development of a major commercial node due to the construction on the Cabela's annexation properties beginning in early summer. To facilitate construction of the Cabela's store and surrounding development, many of the infrastructure improvements associated with the project have been built. Those improvements include the widening and improvement of Youngfield Street, construction of the W. 40 Avenue/I -70 underpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. There have also been improvements funded by CDOT for the construction of interchange movements between State Highway 58 and I -70. The I -70 on/off ramps have been relocated from therior location east of Ward roughly 1000' to the east. The new ramps tie into the north side of W. 44 Avenue across from the western boundary line of the subject parcels (Exhibit 6, ramp location; Exhibit 7, ramp design) This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear two - thirds of the subject land would allow a currently underutilized commercial property to be developed into a tax generating property. Sales tax collected from the sales of RV's is attributed to the community where the buyer resides; therefore there is minimal economic benefit from the sales of RV unless the buyer resides in Wheat Ridge. West 44 Avenue is designated as a collector street and carries over 13,700 vehicles per day (2006 count). Tabor Street to the north of 44 is designated a minor collector and carries around 3000 vehicle trips per day (2004 count). Tabor Street is the only connection across I -70 between Ward and Kipling and will eventually tie into the Goldline transit station to the north. It is likely that with the changes in the area and construction of a new commercial project, a lighted intersection at 44 and Planning Commission 6 WZ- 10 -09/RV America Tabor could be warranted. If the warrants are met as a result of a specific future development proposal, the owner will have to participate financially to the cost of the light. Tabor Street to the south of 44 Avenue is 20' wide, substandard to the local street standard of 50'. Public Works is requesting a future right -of -way dedication of 20' to accommodate future development of the property with access to Tabor upon platting. The dedication should extend the entire length of the property. If access is being requested off Tabor Street, the installation of public improvements will be required at the time of development. A traffic impact analysis will be required upon application for a site plan which may require modification to the existing curb cuts into the property. With the ramp construction, all accesses to 44` Avenue will be right- in/right -out due to installation of a median the entire width of the property. Staff concludes that this criterion has been met. The Planning Commission shall also find that the evidence supports the finding of at least four of the following: 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; Envsion Wheat Ridge designates the north half of property as Neighborhood Buffer Area, the intent of which is to provide a mix of small scale commercial uses with higher density residential, office and commercial uses. The south half of property is designated Neighborhood which is intended to provide single family homes with high quality multi - family. West 44` Avenue is designated a neighborhood commercial corridor and property directly north is designated mixed use commercial. As noted on the structure plan, land use categories depicted on it are intended to show the general location of future land uses and not intended to represent precise boundaries. The property is also located within the W. 44 Avenue/Ward Road redevelopment area. The Urban Renewal plan identifies desirable land use as community commercial on the front and residential on the rear. This plan was adopted in October of 2001. The Urban Renewal Authority is reviewing the proposal on January 18. Results of their discussion will be provided at the Planning Commission hearing on January 20. Staff concludes that both of these documents did not acknowledge the existing commercial zoning on the rear of the property which has been in place since 1993. However, because the MU -N zoning allows a variety of residential development, staff concludes that the request is somewhat consistent with both of these documents Staff further concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader mission of the City to be "open for business ". The Comprehensive Plan is an advisory document and meant to be taken for general advice in making policy decisions. There are several sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing Planning Commission 7 WZ- 10 -09/RV America conditions in the area or in the city in general. As discussed above, staff clearly feels that changing conditions in this vicinity merit approval of the zone change request, as do the guiding document. Staff concludes that this criterion has been met. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; Land use to the east include a lumber yard zoned C -1 adjacent to the northern half of the property with single family residential zoned A -1 adjacent to the south half. An office /warehouse abuts the property to the west. Because this property was originally approved for tire servicing on semis, a portion directly to the west of site is zoned C -2. Tabor Lake also abuts the property to the southwest. To the north is a fruit market/grocery store zoned C -1, vacant property zoned A -1 acquired by CDOT and a self storage facility being displaced by the new I -70 on and off ramps. Property to the south is single family residential zoned A -1. This property has been zoned and used commercially since 1993. Care must be taken at the time of site plan approval for the use of upgraded buffering to minimize impacts to existing homes to the east and south. Staff concludes that this criterion has been met. C. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; Staff concludes that there will be economic benefits derived from the zone change as the property is currently underutilized. The additional uses will allow the property to develop into a tax generating commercial use. This is particularly likely with relocation of the I -70 on/off ramps, the construction of which were completed in November. Staff concludes that this criterion has been met. d. Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can serve the property with upgrades to infrastructure at the time of development. Staff concludes that this criterion has been met. e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; Planning Commission WZ- 10 -09/RV America The height limitation for residential uses on the rear portion is limited to 35' which is consistent with the residential and agricultural height limitation. Traffic impacts, drainage and buffering for the adjacent residential will be analyzed at the time of submittal of a site plan. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. As there are no structures proposed for the property at this time, the commercial/multi - family design standards in the Architectural and Site Design Manual (ASDM) are not applicable. The design standards in the mixed use zone district supersede the ASDM. Staff concludes that this criterion is not applicable. RVEIMII[ ' i i 1)RKIZI ]I7LL191'NI1► CLy The required pre - application meeting for neighborhood input was held on October 14, 2010. There were two persons from the neighborhood in attendance. (Exhibit 8, Neighborhood meeting recap) V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Arvada Fire Protection District: Upon further development, additional looped water lines and fire hydrants may be needed. Additional access may be needed from Tabor to the rear of the property. Will review at the time of site plan application for fire access, water supplies and hydrant locations. Colorado Department of Transportation: Upon redevelopment, CDOT recommends closure of unused access points to 44` Avenue. Valley Water District: Can serve the property. Additional looped water main lines, fire hydrants and fire sprinkler lines may be needed to serve the property. Each building will require a separate water tap. Xcel Energy: Has existing electric distribution and gas distribution facilities within the zoning area. Has no objections to the zone change contingent upon maintain all existing rights. Will assess service at time of site plan application. Wheat Ridge Public Works: Due to the inadequate right -of -way for Tabor, a 20' right -of -way dedication along the entire eastern frontage of the property will be requested at the time of platting. Access points to 44` Avenue and Tabor will be asses upon submittal of traffic report with a future specific site plan proposal. Wheat Ridge Police: No concerns with crime or traffic. Planning Commission WZ- 10 -09/RV America Wheat Ridge Urban Renewal Authority: A recommendation will be provided at the January 20 public hearing. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the rear portion of the property is currently underutilized. Staff further concludes that there are changing conditions in the area which will dramatically impact the commercial viability of the property. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ- 10 -09. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located 11808 W. 44 Avenue for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of this request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right -of -way be dedicated along the entire frontage of Tabor Street. Option B: "I move to recommend DENIAL of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located 11808 W. 44"' Avenue for the following reasons: 1. 2." Planning Commission 10 WZ- 10 -09/RV America Michael G. Pharo Associates, LLC May 21, 2010 Mr. Kenneth Johnstone, Community Development Director 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Re: RV America - 11,800 West 44 "' Avenue Dear Mr. Johnstone: This letter is a follow -up to our most recent conversation, and all the conversations we have had in the last few months. Our purpose is to document the reasoning behind our continued request to make Mr. Sach's property more marketable and to detail the options we have discussed to accomplish this. The current status of the RV America property is that the northern portion is zoned C -1 while the majority of the property to the south can only be utilized for the storage of recreation vehicles. More specifically, of the total property size of 3.55 acres, only .86. or 24 %, can be utilized for C -1 uses. Perhaps more significant in the marketplace, the C -1 portion is configured with 300 linear feet contiguous to West 44 Avenue while the parcel is only 125 feet deep. This is not conducive to contemporary development for a freestanding use on the property. Based on my recent experience, retail uses that might be appropriate for the property require depths of 250 to 300 feet. Most require larger parcels as well. Banks require 1.5 to 2.0 acres; sit -down restaurants such as a Texas Roadhouse or Village Inn require 1.5 to 2.0 acres; hotels require 1.5 -acre minimum —most need 2.0 acres or more; fast food restaurants require 1.0 to 1.2 acres. Office or general retail users need every bit of the 3.5 -acre site if any economies of scale or synergistic attributes are to be obtained. We believe there are at least three reasons why a rezoning of this property is appropriate. Mr. Sach needs to consolidate his business. The current economy has had its effect on the recreation vehicle industry. The question obviously becomes, of what use is a property in the marketplace if it can only be primarily utilized for the storage of recreation vehicles? We believe a rezoning to allow more variety in the allowable uses is warranted. Notwithstanding at least one City councilman's comment, we believe the current reconfiguration of the West 44 °i Avenue /I -70 interchange has a dramatic affect on the property, those around it, and perhaps much of West 44 Avenue. The marketplace always recognizes such dramatic changes to the vehicular access patterns in an area. This recognition will occur in time but it may be delayed due to the current economic conditions. 7777 South Depew EXHIBIT 1 303- 783 -3772 2 The City appears to be addressing the potential for commercial development or redevelopment in many areas and is in the process of assisting property owners in that effort. Your department, the City's economic development personnel, the Planning Commission and City Council, as well as some private groups have been focused on this for some time. This landowner, this property and the City's desire to promote commercial activity seem to indicate that something positive for all could occur. As I have mentioned, we are somewhat gun -shy when it comes to knowing how to proceed. Our previous attempt to rezone the property was not approved by City Council for reasons never fully explained. We thought we had provided a very good zoning document. • It conformed to the City's submittal requirements. • It included substantial design and development requirements in recognition of the existing single - family neighborhood. • It allowed for adequate flexibility in the marketplace while requiring specific design and development attention for the end user. • The submittal had the positive recommendation of your department. • The submittal had a unanimous recommendation of approval from the Planning Commission. The City Council seemed to hold us responsible for historic actions in the City that clearly predated our submittal and perhaps Mr. Sach's ownership of the property. There was no acknowledgement that the Council understood that they retained final approval for the property when the end user submittal could be made. There were numerous subjective comments made, many after the public hearing was closed therefore excluding any type of applicant response to facts or alternative understandings. The one objective issue relates to compliance with the Comprehensive Plan. However, if this were a valid issue, I would have thought we could have been offered the option of designating the southern portion of the property as single - family residential to the exclusion of all other uses. "Residential" as an allowable use as proposed in our submittal was apparently not recognized by Council. We are left with how to proceed. We have discussed several options including the following: We could rezone the property with minor modifications to the last submittal. This would have more appeal if we knew what to modify. We could limit the allowable uses, provide a stronger transition to the single - family area, or leave a portion along the southern property line for RV storage. We just do not have direction as to what would be required or supported by Council. We could rezone the property with major modifications to the last submittal. This might include leaving the southern one -third of the property as RV storage, or perhaps as openspace. This would provide a proper depth of the C -1 parcel (approximately 300 feet) to meet more market requirements. Meredith Reckert's thought about providing a gateway to the openspace to the south/southwest may have merit. Components of this area could include a vehicular turnaround, parking and openspace access. What entity would acquire and develop this parcel, and in what manner the parcel would be acquired, may take some investigation. The new zoning ordinance may have applicability to this property, and perhaps to more of the West 44 Avenue corridor. There may have to be some work done since the current direction of the new ordinance is more oriented to neighborhoods and the West 38 Avenue and Wadsworth Boulevard corridor as opposed to the West 44 Avenue /I -70 interchange conditions. We continue to appreciate your support and direction in this matter. We can provide drafts of a new submittal at any time; we continue to request a work session with Council, if possible, to resolve some of these items and to get a better understanding of what may be possible. We believe this continues to be a terrific opportunity for the City to assist a respected businessman in the community to achieve what both he and the City desire —a positive commercial redevelopment situation in Wheat Ridge. /Si re y, Mi hael G. Pharo MGP /kp c: Hari Sach —RV America Meredith Reckert LAND SUR. -Y PLAT A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE 1/4 NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT R16GL, COUNTY OF JEFFERSON, STATE OF COLORADO uaLbcI== IRNICEL A N W AO EICCTIT&%T — 't. "'CEPT DIRE KST 20 A� OOLRNTT Of =FR RNENl&oN Noce, 0 111C N0fNN M FEET CF THE !DcoT 150 MXT DF THE [AST to HEET TNEART. U S THE SWM i�1 �� Z M � 1 1 Me 1 1! Wt 5 . 15 . w `EEE PLAT V - ARET o p%�,-,— PA TA' "N PUT EMIR I A� .1 THE EAST lO AT PAGE S. A� ADD-O�- EXOEPr WT PART INESCRiM IN 900K PON, == �"', LOOS wa. Mo "00"I'lla T KoT Z= Mm r3m;oZol" NNE potims a �D jtt. As AW 0Z V.�. Alto RE-RECOR)RD ��' ' 4 ' . q t 3 o A j 7 A IN MU"EMU I Q Am esistum cou� ct oarnom m' [F 31wll a. M 1], Mo ONCE. P ..A oo. PARt10 C AE Z Poll P... - umrum — .'--si UIYI LEGEND ARE MRANT .11E VAI-� mn P0DE AL WliT PE 0,fflum mly WIN 'Emm AN. Am� A" ml� DON, ar MAP, UNK ma 5' WAT. WO Mm pl, l --M A, H ES9 BASIS OF BEARING M THE SOUTH LINE OF THE NE 1/+ OF SECTION 20 AS E PM SO-LARDS AND GRIGG. INC. SURD HUD IN PLAT 80D *X 100 PACE 10 -RIEO-j89O29398 aF SAHION 2D oR ENO 3-1/2' fans LS 032n wom". .0. REC. 13110100] . F, M5.9. EXHIBIT 2 KES'f 44th AVENUE 6913'0VE A AM 3 3M.W A IA LOT 11 DZR EN'NP, Not? t to ( PARCEL W 4PARCEL W EARN �271 � � - I x A Ar k \FM 3 3.N "NOR =mm I IN R R Pmm NUM OF EA A 40 Sklpm`l & �n N,,c HI i ROAD tl (PER MF51W(E .0 V <I H Poll P... - umrum — .'--si UIYI LEGEND ARE MRANT .11E VAI-� mn P0DE AL WliT PE 0,fflum mly WIN 'Emm AN. Am� A" ml� DON, ar MAP, UNK ma 5' WAT. WO Mm pl, l --M A, H ES9 BASIS OF BEARING M THE SOUTH LINE OF THE NE 1/+ OF SECTION 20 AS E PM SO-LARDS AND GRIGG. INC. SURD HUD IN PLAT 80D *X 100 PACE 10 -RIEO-j89O29398 aF SAHION 2D oR ENO 3-1/2' fans LS 032n wom". .0. REC. 13110100] . F, M5.9. EXHIBIT 2 LEGEND ARE MRANT .11E VAI-� mn P0DE AL WliT PE 0,fflum mly WIN 'Emm AN. Am� A" ml� DON, ar MAP, UNK ma 5' WAT. WO Mm pl, l --M A, H ES9 BASIS OF BEARING M THE SOUTH LINE OF THE NE 1/+ OF SECTION 20 AS E PM SO-LARDS AND GRIGG. INC. SURD HUD IN PLAT 80D *X 100 PACE 10 -RIEO-j89O29398 aF SAHION 2D oR ENO 3-1/2' fans LS 032n wom". .0. REC. 13110100] . F, M5.9. EXHIBIT 2 l --M A, H ES9 BASIS OF BEARING M THE SOUTH LINE OF THE NE 1/+ OF SECTION 20 AS E PM SO-LARDS AND GRIGG. INC. SURD HUD IN PLAT 80D *X 100 PACE 10 -RIEO-j89O29398 aF SAHION 2D oR ENO 3-1/2' fans LS 032n wom". .0. REC. 13110100] . F, M5.9. EXHIBIT 2 M5.9. EXHIBIT 2 a I 320 D) 3Z1. K - .. n.nYU. • °�» wrtw or xc� �s+� a .a• ., n .,��.+.i ..... I .5 .•>SrC ��itx wft A D SURVEY PLAT P PWR GCIPY A PART OF.LOT N, LEES SU801YISION BEING IN THE SE V4, NE 1/4, SEC. 20, Y35,Rfi9 W, 61h Pint, CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, � �.-- cua STATE OF COLORADO 4 }h AVENUE ._. M MIWLHiaRn w,rrt ru le »s(nd wx�� of neaa 1e { : ^ ),t'?'n:.t r 6 r.s rKttv.ttn v µ C ! �� � ^ PTLM Re+MHindr,ltM,nw MNwm M.w>rC M/RLNIX yti6 3 jj nt vuoeo.wvrvKM • ,•y�.yLM r(11`p Prtf 61FV[ At .Ort➢ • •crtf•Q.mnACrcwfta vr•.. I a YEf HntwnrRlKASOCW fLt. /P1s/ �. ' Yry VuRRVALH IH ...r.•ae nl. � _r_ WSiM /!M< •. n TIC C� vmNa t 1 a I 320 D) 3Z1. 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P�HH• )nH HEUM EYI Ws' W N (L a F � 1 1 p a � 4 ,- C9 W: z�8 4 W d 1 � C.; lJ� ti u N m E1 On I I EXHIBIT 3 w ^r rcvw ^ 5 ;� by .'•� tea. x.w ox�oo` „w v (y IMY •1N rrl. Cm w ucrwrnrr svw �^� AAY. �mnee«me ., .am .w r•eRev .•., w nI=' ....,. Ha aorrmf d me .wr.,. P�HH• )nH HEUM EYI Ws' W N (L a F � 1 1 p a � 4 ,- C9 W: z�8 4 W d 1 � C.; lJ� ti u N m E1 On I I EXHIBIT 3 PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Commission. PUBLIC HEARING A. Case No. WZ- 09 -03 An application filed by RV 4merica for approval of a zone change from Commercial -One and C -he eial -One with conditions to a Planned Commercial Develop�%ent and approval of an IWM outline development plan for property locat0d ai1JJ08 West 44 Avenue. Prior to presentation of the case, Commis: herself from hearing the case because she:=. gain monetarily from approval. The Go At this point, Commissioner BRINKMAI Meredith Reckert was sworn i, by Chair F documents into the record and d the hear the case. She reviewed the st Wens 31ZINKMANW,,, gd to recuse the applicant a3,ould stand to i vWed 5 -0 to acci l er request. She entered all pertinent ,thee was jurisdiction to Ms. Reckert submt�tid a memorandum tlat Ridge Urban Renewal Authority, date dJrdn , 2009 statm their fmdgs concerning this property. The proposed Snot in ormance willb will: the West 44 Avenue and Ward Road Redevelopinen an hor :ever, due to proposed I -70 access ramp relocation, the nature of the e making uses on the subject property a t r" e,option - rther, cific redevelopment information may W that a ry use the subject property could be found in compliance �A the curren st 44 Tre and Ward Road Redevelopment Plan. Staff 'Fq ap e al for - ons, and with conditions, as contained in the staff Commis er D R asked if approval would cause RV America to go out of business. ert explained the present use could continue until a final development` an is approved,and a building permit issued. In response to concern expressed by Commissioner HOLLENDER about allowing gas stations, Ms. Reckert commented that the use was proposed to be allowed because the location would be very good for gas sales with it's proximity to the new ramps.. In response to a question from Commissioner REINHART, Mr. Westberg explained that the 20 foot right -of- -way reservation for the west side of Tabor Street would allow the new public improvements to line up with the public improvements on Tabor north of 44 Avenue. If the property on the east side of Planning Commission Minutes June 18, 2009 EXHIBIT 4 Tabor were ever redeveloped, an additional ten feet would probably be requested to make a full 50 feet of right -of -way. By reserving right of way the entire length of Tabor to the southern property line, it would give flexibility for future development. It would only be widened if necessary to accommodate development of the property. Commissioner HOLLENDER expressed concern that the requirement for a 20 foot setback from the eastern property line could allow a b,- jlding adjacent to the Tabor Street right -of -way line. Meredith Reckert agreed. 'aat'the language should A be changed to say the setback is from western end oi<teeervation. Mike Pharo Land planning consultant for property orb R - J[firi Saeh Mr. Pharo and Mr. Sach were sworn to b Uhair REIN HART M 3 1 haro stated that he was not opposed to the condihottfl t self sfosage be elimihatedfrom the list of permitted land uses. He was oppos , the 0 =fgot right -of -way reservation because he believed it amounts tot 'along of his client's land with the possibility that a road may er be built. . that roadway widening on Tabor south of any new access v "l change the ui ueness of the neighborhood. He showed three different scena ns evelopmenlie site. emb h e public. Chair REINHAR'r_asked to hear fr'c�'pr,t �: " P Diane Tipt 1 Ms. Tipton w orn i y Chair REIN T. Ms. Tipton was representing her mother who own south• the subject property. She stated that she v341I - `'k the o pro unique neighborhood to the south of the e opmen e Co hensive Plan shows there should be houses north of e existing nei I r o elieved commercial development would ase prope Zue3. e was opposed to widening the street because it ty wo Wiring more N to the neighborhood. Commis 4ialorn]'ietight, R commented that twenty feet would allow business customers he street adjacent to the property rather than going down into the residorhood. In res ponse to a question from Commissioner HOLLENDER, Ms. Tipton said she believed that duplexes on the southern end of the property would also reduce neighborhood property values. Ron Markow Mr' Markow was sworn in by Chair REINHART. Mr. Markow agreed with Ms. Tipton's comments and expressed opposition to the plan. He wanted the southern portion of the subject property to be zoned residential and buildings on the northern portion to be limited to one story in height. Planning Commission Minutes 3 June 18, 2009 George Isquith Mr. Isquith was swom in by Chair REINHART. He was opposed to the plan and didn't believe there was any need for change from the present situation with the RV sales business in front and RV storage on the southern end. Margie Brown Ms. Brown was sworn in by Chair REINHART. She stated that she is married to George Isquith. She expressed opposition to commercial use on the southern end of the subject property. J Chair REINHART asked if there were others whoylslYOftp address the Commission. Hearing no response, he closed the public LNM.. Commissioner HOLLENDER stated that `could see both sides the story, commenting that the RV business is ng = 'inng we]Nduring these ec' a "Cm c times. Because this area is near a major interchangat y proposed development would be an improvement over what presently existsy�= Commissioner MATTHEWS aq red concern ie`g ng hotel -motel use on the property because of high crime r�Y ated with surf uses in Wheat Ridge. He was also opposed to a 20 foot I V-6 �� t9 the southern boundary of the property. Commissiony )IETRR commente 'that he believed a better land use than RV storage cots` Kidevelok. He expres hope that a final development plan would be sympat� is tgaalhood ' ncerns. C reed with Commissioner DIETRICK. The land owner Ea s a right to sdl s pro ud make it as marketable as possible. At the same Iiltl o there is an o ation residents nearby to not destroy the character of their A He ted that he was not convinced about gas station use because it is ,jD drive -t , ugh use and could possibly contaminate water supplies. CommissitAi INHART stated that he is always uncomfortable when a plan doesn't meet- e Comprehensive Plan. However, revitalization of the site would be an improvement if neighbors are adequately protected. He didn't believe that the public interest would be served by asking more right -of -way to extend the road beyond what a reasonable entrance to the site would be. At the request of a citizen, Chair REINHART re- opened public hearing. Doris Meakins Ms. Meakins expressed concern about status of her water rights if the land is developed. Mr. Westberg explained that existing water rights are well protected. Planning Commission Minutes 4 June I8, 2009 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REINHART closed public hearing. Commissioner HOLLENDER encouraged residents to stay involved throughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER Commissioner DWYER to recommend approv request for approval of a zone change from C -] to Planned Commercial Development and for Development Plan for property located a e so. following reasons: 1. The rear portion of the propert"I 2. The relocation of the I -70 on and o commercial developme�ut potential 3. Evaluation criteria sui n I avproi With the following conditions: €. 1. Under`�11�'i�d:,Uses ", a ff. 2. Use nui Ar 26 display 3. [fled by No. WZ-09 -03, a vith use restrictions ran Outline VNI nue for the dramatically changes the be added specifying that drive - through t Area "A ". toresl be modified to allow outside removed from the list of permitted The fo g no V. gilded: "At the time of specific ODP submittal, a traffic i jct an I sis will be required which may necessitate -- odificatiI'ted o access points shown on this document." 5. tes be a d in conformance with item 4 of the Public Works c May 4; 2009. CommissionWMATTHEWS offered a friendly amendment to remove Use No. 34 from the list of permitted land uses. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5 -0 with Commissioners BRINKM N, CHILVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA- 09 -02 An ordinance amending Chapter 26 pertaining to residential development standards. Planning Commission Minutes 5 June 18, 2009 CITY COUNCIL MINUTES: August 24, 2009 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 16 -2009 — An Ordinance providing for a zone change from C -1, Commercial -One, and 0-1, Commercial -One with use restrictions, to Planned Commercial Development and for approval of an Outline Development Plan on property located at 11808 West 44 Avenue, Wheat Ridge, Colorado. (Case No. WZ -09 -03 - RV America) Mayor DiTullio opened the public hearing. Council Bill 16 -2009 was introduced on second reading by Council Member Langworthy. City Clerk Michael Snow assigned Ordinance No. 1447. Mrs. Reckert presented the staff report. Mrs. Reckert entered into record three letters of protest submitted by owners of plots adjacent to the property in question (amended to this packet) and declared that these letters do provide for sufficient Legal Protest of the requested rezoning. Thus, this rezoning will require a 3 /4 vote of approval by the Council. Mike Pharoh, representing the owner and applicant, RV America, believes the planned CDOT changes to the area and the potential economic impacts to the marketability of the property are a critical consideration in the benefits of this proposed rezoning. To this point, he emphasized that the Recreation Vehicle market has been hit hard by economy and if the RV America Company fails in this location, the current zoning of the property is not conducive to any other uses. Diane Tippon lives South and adjacent to this property and is opposed to the proposed rezoning. She doesn't believe the area has the potential or means to be a strong future retail section of the City, but would be better planned for future residential and recreational development that utilizes the open space and Clear Creek Trail system behind the property. Mrs. Tippon also believes this rezoning and potential for expanded retail and commercial development will only decrease the value of the residential properties already there. Ron Markow is opposed to this rezoning and would rather it be rezoned back to A -1 as it once was. He believes the proposed rezoning threatens the prized rural atmosphere of the community. Janice Thompson believes the rezoning to C -1 years ago was a mistake in that it interferes with a significant residential area and the planned uses in the Comprehensive Plan. Because of this, she believes all consideration should go to the impacts of the residential neighborhood. Issues of traffic, trash, noise, mountain views, landscaping appearance and particular commercial uses such as Restaurants or Hotels should be considered for their impact to the residential area. The Council needs to show that it cares as much for its existing residents as it does for its current and potential business owners. She requested that the Council show they respect home values, the owners' quality of life and the worth of the Clear Creek Open Space in the community by voting No on this proposal. EXHIBIT 5 CITY COUNCIL MINUTES: August 24, 2009 Page -5- Margie Brown lives on Tabor Street and recognizes the benefit of a rezoning to the commercial property owner, but all the residential properties adjoining it would lose value. Mayor DiTullio closed the public hearing. I Af Mayor called for a five - minute recess at 9:00; resuming at 9:08pm. PR Motion by Mrs. Langworthy to approve Council Bill 16 -2009 (Ordinance 1447) for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the 1 -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The evaluation criteria support approval of the request. With the following condition: Use number 34 (hotels and motels) be eliminated from the list of permitted land uses; Seconded by Mrs. Rotola; failed 6 -2 with Council Members Berry and Adams voting Yes. Motion by Mr. Gokey to hear Agenda Item 6 next; seconded by Mrs. Sang; carried 8 -0. 6. Council Bill 23 -2009 — An Ordinance approving a Gas and Electric Utility Franchise with Public Service Company of Colorado, such Franchise conditioned on Voter approval of the same. Mayor DiTullio opened the public hearing. Council Bill 23 -2009 was introduced on second reading by Council Member Sang. City Clerk Michael Snow assigned Ordinance No. 1451. Mr. Dahl presented the staff report. Mr. Snow pointed out that though the Franchise is with PSCo, this is not different from the Utility Services from Xcel Energy. With respect to this Franchise with the City of Wheat Ridge, PSCo and Xcel Energy are essentially the same. Rob Osborn of Xcel Energy was present to speak on behalf of the Public Service Company of Colorado and encouraged the Council to approve the proposed Franchise. Mr. Osborn highlighted that the City will benefit from a 3 1 J6 Franchise fee with this Franchise in place. Mr. Bever has received the numerous notifications and read the proposed Franchise. However, he does not believe it explains exactly what it means. Mr. Dahl explained that such a Franchise is required for a public utility company such as Xcel Energy (PSCo) to provide those services to the City. Our existing utility services today are all operated under the similar Franchise that was put in place by the voters in 1989. This Ordinance refers to the Voters of Wheat Ridge the approval to renew the ._ � � , �. _.,, ; "`� � -= _ .. City of Wheat dge COIv1MUN11Y DEVELOPMEN - h City of Wheat Ridge Municipal Building 7500 W. 29 ° ' Ave. Wheat Ridge. CO 80033 -8001 P: 30 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: October 12, 2010 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29` Avenue Wheat Ridge, CO 80033 Property location: 11808 W. 44 ° i Avenue Applicants: Hari Sach 11808 W. 44 °i Avenue Wheat Ridge, CO 80033 888 - 311 -4497 Mike Pharo, owner's consultant Property owners: Hari Sach 11808 W. 44 ° i Avenue Wheat Ridge, CO 80033 Property Owner(s) present? Yes Existing Zoning: Unrestricted C -1 (northern one - third), restricted C -1 (southern two- thirds) Comprehensive Plan Designation: Neighborhood Commercial Corridor (northern half), Neighborhood (south half) Members of the public present: Ron Marckow: 4180 Tabor Sheet Tim Pratt: 4160 Tabor Applicant's Proposal: The owner of RV America would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the rear portion of the property are restrictive and essentially limit the property to be used for RV storage. EXHIBIT 8 The applicant is desirous of rezoning the property to MU -C Interstate (Mixed Use - Commercial) on the northern portion and MU -N (Mixed Use - Neighborhood) on the southern portion. Existing Conditions: The property is 3.5 acres in size and is located on the southwest corner of W. 44 and Tabor St. The adjacent properties along W. 44 °i are zoned C -1 with the exception of a small area on the property to the west, which is zoned C -2. The areas to the south of the property are zoned A -1 developed with single family homes and open space As Tabor St. extends south of W. 44 °i Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley (20') and provides access to the residential lots to the south of the property in question. As Tabor St. extends to the north of W. 44` Ave., it is the only street that provides access over I -70 in between Ward Rd. and Kipling St. There is currently no access to the property from Tabor Street. The following issues were discussed What is happening with the CDOT project for relocation of ramps and related improvements on 44th Avenue? The newl -70 on and o ffrarnps rocill be located to the west ofHeinie's Market encompassing most of the Public Storage property. lmprovements to 44` will include widening installation of curb, gutter and sidewalk and installation of raised medians which will limit access to many of adjacent properties to right- inhright -out onl Tlee subject property will have no left turn access to 44' Ayentue with the two existing accesses limned to right- inhight -out. Willa traffic signal be installed at the corner of 44' Avenue and Tabor? If the property is redeveloped and generates sufficieru traffic to meet "irarranls a traffic signal would be installed. On the drawing, why is there a line drawn through the middle of the property? The line will be used to designate two district use areas. The northern portion adjacent to 44` Avenue will have higher- intensity uses more oriented to impulse purchases such as fast food restaurants. The southern portion will have less intensive uses and development standards more appropriate adjacent to residential development such as a 35' height limitation it here the . front piece height allowance will be 50'. What are the uses being proposed? The uses listed were taken primarily from the C -1 permitted use list with many of the undesirable uses eliminated. A ferr of the eliminated uses include adult entertainment establishments and car repair facilities. Discussion of desirable uses continued. There was sonic sentiment that no development should be allowed. It was pointed out that visually, development may have less impact than currently exists with the RV storage. One of the desirable uses suggested was a landscape nursery. Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago? The last application for a change in zoning conditions was filed in 1999. The case was withdrawn after a denial recommendation was given by Planning Commission. It is the property owner's right to be able to apply for zoning modifications on his property. What is proposed for Tabor Street? If access is approved Tabor Street, the developer will be responsible for dedication, widening and installation of public improvements from 44"' down to the new access point. No widening or improvements would extend to the south where residential access begins. It was indicated from the attendees that people drive down Tabor where there is no turn around requiring turn around using private driveway. This type of intrusion into the neighborhood has included delivery vehicles and even semi trucks. It was posed whether the City would be agreeable to physically restricting access such as gating. This is cloubt(al clue to emergency access issues. 7010 0290 0001 3035 4896 7010 0290 0001 3035 4902 117 BELL DAVID SILZ HEINZ N DEPARTMENT OF I'RANSPORTATION 4430 TABOR ST SILZ THEA M STATE OF COLORADO WHEAT RIDGE CO 80033 15745 HWY 34 4201 E ARKANSAS AVE , FORT MORGAN CO 80701 DENVER CO 80222 0290 0001 3035 4742 7010 0290 0001 3035 4759 7010 0290 0001 3035 4766 GIESELER FAMILY TRUST FISHER RODNEY W JOI V BUDD FAMILY TRUST 1601 S LANSING ST LINDA T GIESELER RE _,WCABLE TRUST DAVISON DIANE L "-f T 'r 4722 E VERB� R tA AURORA CO 80012 4410 ABOJk WHEAT-eDGE CO 80033 PHOENVX 85044 7010 0290--000111, 3035 4773 7010 0290 0001 701f 0290 0001 3035 4797 3035 4780 7 DE ROSIER JOHN A C & D INVESTMENTS PARK CAMPGROUND 8360 SNAFFLE BIT CT I W 44TH AVE LLP LITTLETON CO 80125 WHEAT RIDGE CO 80033 11600 W 44TH AVE WHEAT RIDGE CO 80033 7010 0290 0001 3035 4803 7010 0290 0001 3035 4827 7010 0290 00011 3035 4810 T 11 808 W 44TH LLC 2220 RAND LLC ISQUITH GEORGE L 11 808 W 44TH AVE 11930 W 44TH AVE 200 4350 TABOR ST WHEAT RIDGE CO 80033 WI -TEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7010 0290 0001 3035 4834 3035 4841 7 010 0290 0001 3035 4858 — 71310 0290 gool, -- VON BREHM GEORGE MEAKINS DORIS H HOBBS ARLENE ED H GRODITSKI ERLINDA E 4340 T ABOR ST LEMASTER Ji JE MARIF, 4502 S R013B ST L ITTLETON CO 80 127 RID WHEAT GE CO 80033 1026 S��M R ST OOD, LAK OOD CO 80226 7010 0290 0001 3035 4865 7013 0290 0001 3035 4872 KOELTZOW MICHAEL E ROCK ROBERTJOSEPH TRUSTEE 7010 0290 0001 3035 4889 KOELTZOW CATI-fY L ROCK PHYLLIS GERTRUDE TRUSTEE 4291 TABOR ST ROCK ROBERT J TRUSTEE 4300 TABOR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 90033 7010 0290 0001 3035 4896 7010 0290 0001 3035 4902 d City of WheatMidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE January 6, 2011 Dear Property Owner: This is to inform you of Case No. WZ -10 -09 which is a request for approval of a zone change from C -1 and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) for property located at 11808 W. 44 Avenue. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission January 20, 2011 (a) 7:00 p.m. City Council ** March 14, 2011 (W, 7:00 p.m. As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. * *If you are a property owner within 100 feet of this property and immediately adjacent to this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WZ1009.doc w .ci.wheatridgexo.us 5E 17 i WZ- 78-118 WZ -8 PID LAKEMONT CENTER r" t i A - 2 MOUNIW VISTA <J `� PCD 3 — A -1 TABOR PROPERTIES r -c e _ -- ------- _ - __. wns7 PCDt.. z C -1 PCD ��o A -1 A -1 WZ 83 31 DAVISHER 5UB . a Yt WZ 8028 d M3 WZ8S1fi -°•L WZ 9518 MS 9S5 PCD '°fi°° EE SrozAee AMT _. R C DEVELOPMENT ENT WE", R a a �N sg . 5 C -'' a- tr:�.- ".;� -m ,�:.�- ., -.:,.? wea'm nvE E> -.=�• _'`"�.v�. @c_ -,.:— mac_..,. - �- m-�H'. n 8 ess & i $ SHUMWAY WESTLAKE a PR05PECT _ _ T..�a,,._.v o _ 0 PARK RE -SUB PARK PLACE 0 5UB WZ -802 PEARL 0 sup -oat - p' Z _ p OF THE wz - 88a `> VALLEY C -1 PCD 5UB - - "_ s. -_- wzaat WZ -88-12 • � e a -2 4. -- SE 20 O FFICIAL _ 5 NE 20 PARCEULOT ZON MAP c (DESIGNATES NATES OWNER HIP) WHEAT I D G C - WATER FEATURE COLO RADO ` DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN 0 100 200 300 900 f,� (APPROXIMATE LOCATION) � wxearn4.. m DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 Owner 1 Owner 2 Owner 3 Mailing St Street Name Type Unit City State Zip Property St Street Name Type City State Zip Use BELL DAVID 4430 TABOR ST WHEAT RIDGE CO 80033 4430 TABOR ST WHEAT RIDG CO 80033 RESID SILZ HEINZ N _ SILZ M _ _ - 15745 _ HWY 34 FORT MORGAI CO 80701 4501 TABOR ST WHEAT RIDG CO 80033 COMMR_ DEPARTMENT OF TRANSPORTATI - _ - -- 4201 E ARKANSAS AVE DENVER CO 80222 11875 W 44TH AVE WHEAT RIDG CO 80033 RESID DEPARTMENT OF TRANSPORTATI STATE OF COLORADO - 4201 E ARKANSAS AVE - DENVER CO 80222 11901 W 44TH AVE WHEAT RIDG CO 80033 DEPARTMENT OF TRANSPORTATI STATE OF COLORADO _ - - 4201 E ARKANSAS AVE DENVER CO 80222 11901 W 44TH AVE WHEAT RIDG CO 80033 FISHER RODNEY W _ DAVISON DIANE L _- _ 4722 E VERBENA DR PHOENIX AZ 85044 4430 TABOR ST WHEAT RIDG CO 80033 -- JOHN V BUDD FAMILY TRUST - - - 1601 S LANSING ST AURORA CO 80012 11671 W 44TH AVE WHEAT RIDG CO 80033 COMMR GIESELER FAMILY TRUST LINDA T GIESELER REVOCABLE TR _ -_ - 4410 TABOR _ ST WHEAT RIDGE CO 80033 4410 TABOR ST WHEAT RIDG CO 80033 COMMR SILZ HEINZ N SILZ THEA M _ _ 15745 - 15745 HWY 34 FORT MORGA CO 80701 11801 W 44TH AVE WHEAT RIDG CO 80033 COMMR DE ROSIER JOHN A -- - -- - -- 8360 SNAFFLE BIT CT LITTLETON CO 80125 11691 W 44TH AVE WHEAT RIDG CO 80033 COMMR JOHN V BUDD FAMILY TRUST 1601 S LANSING _ ST - AURORA CO 80012 11681 W 44TH AVE WHEAT RIDG CO 80033 COMMR PROSPECT PARK CAMPGROUND _ 11600 W 44TH AVE WHEAT RIDGE CO 80033 11680 W 44TH AVE WHEAT RIDG CO 80033 COMMR PROSPECT PARK CAMPGROUND _ _ _- 11600 W 44TH AVE WHEAT RIDGE CO 80033 11690 W 44TH AVE WHEAT RIDG CO 80033 - COMMR PROSPECT PARK CAMPGROUND - - 11600 W 44TH AVE WHEAT RIDG CO 80033 11680 W 44TH AVE WHEAT RIDG CO 80033 COMMR C & D INVESTMENTS - _ 11722 W 44TH AVE WHEAT RIDGE CO 80033 11730 W 44TH AVE WHEAT RIDG CO 80033 COMMF 11808 W 44TH LLC - -- - 11808 W 44TH AVE WHEAT RIDGE CO 80033 11808 W 44TH AVE WHEAT RIDG CO 80033 COMMR 11808 W 44TH LLC - 11808 W 44TH AVE WHEAT RIDG CO 80033 11880 W 44TH AVE WHEAT RIDG CO 80033 C & D INVESTMENTS _ - _ - 11722 W 44TH AVE WHEAT RIDG CO 80033 11722 W 44TH AVE WHEAT RIDG CO 80033 COMMR_ 11808 W 44TH LLC _ _ _ 11808 W 44TH AVE WHEAT RIDG CO 80033 VACANT LA WHEAT RIDG CO 80033 2220 RAND LLC _ - -_ -_ _ _- - -- 11930 W 44TH AVE 200 WHEAT RIDGE CO 80033 11900 W 44TH AVE WHEAT RIDG CO COMMR 2220 RAND LLC -- _ -- 11930 W _ 44TH AVE_ 200 WHEAT RIDG - CO 80033 11900 W 44TH AVE WHEAT RIDG CO _80033 - 80033 -- - - COMMR C & D INVESTMENTS - - _ - _ -- 11722 W 44TH AVE - WHEAT RIDG CO 80033 11730 W 44TH AVE WHEAT RIDG CO 80033 COMMR ISQUITH GEORGE - -- -- -- _ 4350_ TABOR ST WHEAT RIDGE CO 80033 4350 TABOR ST WHEAT RIDG CO 80033 RESID ISQUITH GEORGE L -- - - -- 4350 TABOR ST WHEAT RIDG CO - 80033 4350 TABOR ST WHEAT RIDG CO 80033 _ RESID CITY OF WHEAT RIDGE - - _ _ 7500 W 29TH AVE WHEAT RIDG CO 80215 4201 TABOR ST WHEAT RIDG CO 80033 MEAKINS DORIS H _ -- _ _ - - - 4340 TABOR ST WHEAT RIDGE CO 80033 4340 TABOR ST WHEAT RIDG CO 80033 RESID MEAKINS DORIS H - _ - - -- 4340 TABOR ST - WHEAT RIDGE CO 80033 4340 TABOR ST WHEAT RIDG CO 80033 RESID HOBBS ARLENE EDITH - - - - 1026 S MILLER ST LAKEWOOD CO 80226 VACANT LAI WHEAT RIDG CO 80033 VON BREHM GEORGE GRODITSKI ERLINDA E - _ - - 4502 S ROBB ST LITTLETON CO 80127 4305 TABOR ST WHEAT RIDG CO 80033 _ RESID HOBBS ARLENE EDITH _ LEMASTER JACQUE MARIE_ - _ 1026 S MILLER ST LAKEWOOD CO 80226 4311 TABOR ST WHEAT RIDG CO 80033 RES VON BREHM GEORGE GRODITSKI ERLINDA_ E _ 4502 S ROBB ST LITTLETON - CO 80127 4305 TABOR ST WHEAT RIDG _ CO 80033 _ RESID PROSPECT PARK CAMPGROUND _... - - - - - -- 11600 W 44TH _ AVE WHEAT RIDGE CO 80033 11690 W 44TH AVE WHEAT RIDG CO 80033 COMMR MEAKINS DORIS H -- - 4340 _.. TABOR ST WHEAT RIDG CO 80033 4340 _ TABOR ST - WHEAT RIDG CO 80033 R E S ID__ MEAKINS DORIS H - __ -- __ __ 4340 -- TABOR ST WHEAT RIDGE CO 4340 TABOR ST WHEAT RIDG CO 80033 RESID HOBBS ARLENE EDITH LEMASTER JACQUE MARIE 1026 S MILLER_ ST LAKEWOOD CO _80033 80226 4311 - - TABOR ST WHEAT RIDG CO RESID_ VON BREHM GEORGE GRODITSKI ERLINDA E - -- -- -- 4502 S _ ROBB ST _ LITTLETON - CO 80127 4305 _ TABOR - _ _ ST WHEAT RIDG _ CO - _80033 800 CITY OF WHEAT RIDGE _... _ -- - -_ -- 50 7500 W 29TH AVE _ _ -__ RIDG CO __. 80215 4201 ST WHEAT RIDG CO 80033 _R - -- ROCK ROBERT JOSEPH TRUSTEE ROCK PHYLLIS GER TRUDE TR US T ROCK R OBERT J_TRU_S 4300 TABOR ST - _ _W WHEAT RIDGE CO 80033 4300 _TABOR TABOR ST WHEAT RIDG CO 8 RESID ROCK ROBERT JOSEPH TRUSTEE ROCK PHYLLIS GERTR TRUS R OCK ROBERT J TRUS _ _ - - 43 0 0 _ TABOR - ST WHEAT RIDG C O 80033 4300 --- TABOR _ ST WHEAT RIDG CO -- _ _ 80033 RESID ROCK ROBERT JOSEPH_ TRUSTEE ROCK PHYLLIS GERTRUDE TRUSTF ROCK ROBERT J TRUS1 4300 _ TABOR ST WHEAT RIDG CO 80033 4300 _ TABOR ST WHEAT RIDG CO 80033 RESID KOELTZOW MICHAEL E - -_ -- KOELTZOW CATHY L - - - -- -- - - 4291 TABOR_ _ ST - W RIDG CO 80033 _ 4291 _ TABOR ST - W_HEAT R CO_ RESID CITY OF WHEAT RIDGE _- - --- ____ -- _ - -- 7500 W - 29TH - AVE WHEAT RIDG CO 80215 4201 _ TABOR -- _ ST _ WHEAT RIDG _ CO 180033 _80033 _ -- - NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on January 20, 2011 at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29" Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ- 10 -09 An application filed by RV America for approval of a zone change from C -1 and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) located at 11808 W. 44` Avenue and legally described as follows: THE EAST ONE -HALF OF THE NORTH ONE -THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 1, LEE'S SUBDIVISION, WHICH POINT BEARS SOUTH 89 °13'07 "W, A DISTANCE OF 10.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 11; THENCE S00 0 25'06 "E ALONG THE WEST RIGHT -OF -WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939; THENCE S89 0 23'08 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE SOUTH 86 9"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00 0 25'06 "W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11; THENCE N89 0 13'07 "E ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 321.90 FEET TO THE POINT OF BEGINNING, CONTAINING 154,632 SQUARE FEET OR 3.550 ACRES, MORE OR LESS. Kathy Field, Administrative Assistant VALLEY WATER DISTRICT 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80033 TELEPHONE 303 - 424 -9661 FAx 303 - 424 -0828 December 20, 2010 Meredith Reckert City of Wheat Ridge 7500 W. 29' Avenue Wheat Ridge, CO 80033 Dear Meredith: In reference to Project #WZ- 10 -09, RV America, Valley Water District has reviewed the inquiry and offers the following comments: 1. Valley Water District can provide water service to the proposed project subject to Valley Water District rules and regulations. 3. Valley Water District is supplied water through a distributors contract with the Denver Water Department and must follow Denver Water operating rules and regulations. The District must also follow all Denver Water mandates with regard to drought and conservation that may be imposed. 4. Additional water main lines, fire hydrants or fire sprinkler lines may be needed to meet Arvada Fire Protection District requirements which would be at owner's expense. Design plans will need to be submitted to Valley Water and submitted to the Denver Water Department for review. This process normally takes 6 — 8 weeks for approval. 5. If additional water main lines, fire hydrants or fire sprinkler lines are needed, the owner would need to provide any necessary easements. 6. Each separate building structure will require a separate water tap, service line and meter. The owner will be responsible for the cost of the taps, service lines and meter installation. 7. The owner of the property will need to contact Valley Water District at 303 -424- 9661 prior to development of the project to discuss water system design needs. If you have any further questions, please feel free to contact myself or Kathy Kadnuck, Office Manager at 303 - 424 -9661. Sincerely, A II��WA / /I'� j���� Robert Arnold / District Manager d '. City of WheatRjdge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: December 16, 2010 SUBJECT: WZ- 10- 09 /Sach, RV America I have completed my l' review of the rezoning request for RV America received on December 9, 2010, for RV America located at 11808 W.44 ` Avenue, and I have the following comments: The one comment I have at this time regarding the zone change to MU -C Interstate and MU -N is regarding the Legal Description: Legal Description: City -based bearings and coordinates shall be used per the Municipal Code of Laws. The City uses a ground -based modified form of the NAD83/92 (NAD83 HARN) State Plane coordinate system. Please be aware of the following requirements at the time of Site Plan submittal: 1. Access Points: Need to identify all access point(s) to Tabor Street, both for the retail/commercial front parcel and for the rear parcel on the ODP. 2. Proposed Detention Area: Need to show the approximate area needed for stormwater detention on the ODP. 3. ROW Dedication: Any use above the existing Recreational Vehicle storage use, which has virtually a zero impact to the current traffic system, will require that improvements be made to Tabor Street. PW recommends a 20.00' strip of Right - of -Way be dedicated for the entire Tabor Street frontage. At a minimum, in order to properly construct the improvements needed to accommodate the additional traffic, a 20.00' strip of Right -of -Way shall be dedicated along the Tabor Street frontage from the northerly property line southward to the south end of the proposed southern -most entrance. In either case, the ODP will need a note stating, "20' of Public ROW, to be dedicated by plat." 4. ROW Reservation: If the ROW dedication is only to extend to the south side of the proposed southern-most entrance, then a 20.00' strip of Right -of -Way shall be reserved by plat and indicated as such on the ODP with a note stating, "20' Area of Reservation shall be dedicated to the City of Wheat Ridge upon the commencement of construction of Tabor Street." 5. Traffic Impact Study: A full traffic impact study will be required for this development and submitted at the time of ODP. Public Works Enginee, ing December 16, 2010 Page 2 6. Preliminary Drainage Report: A Preliminary Drainage Report outlining the anticipated flow direction and rate, proposed storage area, and method of release. Calculated volumes and release rates are not required in the Preliminary Drainage Report. 7. Final Drainage Report: A complete Final Drainage Report shall be required incorporating water quality measures, adhering to the outline found in the Site Drainage Requirements, and signed and sealed by a Professional Engineer licensed in the State of Colorado. (Please see attached Site Drainage Requirements). 8. Site Plan: A Site Plan with the Construction Plans shall include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. The boundary of the site and existing and proposed lot lines are to be completely described using bearings and distances. d. A Legal Description of the site, including tie(s) to the Section. e. A Basis of Bearing statement (using local City coordinate system -see 4. below). f. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado for the parcel boundary and topographical information on the Site Plan. g. A scale and north arrow. h. Date of map preparation, and the name, address, and firm of who prepared the map. i. Location of 100 -year floodplain, if applicable. j. Existing and proposed contours at 2 -ft intervals. k. Adjacent streets, including Right -of -Way widths, names, and ROW centerlines. 1. Location of all existing & proposed easements and rights -of -way, fences, walls, drainageways, ditches, buildings to be developed or retained on site. 9. Final Plat: Subsequent to ODP approval, a Final Plat may be required with the Final Development Plan. All plat submittals must adhere to the following: m. Must use City -based bearings /coordinates (per Section 26- 407 -D -6 of the Municipal Code of Laws). The City is currently on a ground -based modified form of the NAD83/92 State Plane coordinate system. n. All section ties are to be to Section or' /4 Section corners or City of Wheat Ridge PHAC points only. o. To be approvable the Plat will need to contain all items found in the City's Final Plat Review checklist. p. The area(s) of Right -of -Way dedication and/or reservation shall be clearly identified on the plat. q. PW submittals shall be submitted in the form of- i. 2 - 24 "X36" hardcopies and ii. 1 electronic copy on CD or DVD -ROM in AutoCAD 2000 -2007 dwg format. 11808 W44th Ave - RV America- reviewl.ltrAm; Public Works Engineer ing December 16, 2010 Page 3 10. Items to Accompany the Final Plat: r. Geodetic Surveying Requirements: A completed Geodetic Surveying Requirements sheet must accompany all Final Plat submittals. s. Closure Sheet: A closure sheet for the platted boundary as well as for all internal lots shall accompany the Final Plat submittal; all must close within the 1:50,000 as required by Code. 11. Stormwater Management Plan: This site is greater than one acre in size. Therefore, a Stormwater Management Plan (SWMP) associated with the required CDPS Permit shall be submitted to the City of Wheat Ridge for review and approval with the FDP (please see Note 2 below). The CDPS Permit is generally obtained by the contractor at time of Building Permit Application. 12. Construction Plans: Construction Plans signed and scaled by a Professional Engineer licensed in the State of Colorado, shall be required for all drainage - related items such as detention ponds, outlet structures, drainageways or pans, and curb & gutter. Include street plan and profiles for any proposed roadway improvements along property frontages, and construction drawings for all public improvements to be constructed. Include all COWR standard details for all proposed constructed items (please see Note 5 below). NOTES: 1. Application for Minor Grading/Fill Permit: Prior to the commencement of any onsite grading or construction activities, an application for a Grading/Fill Permit along with the fees due shall be submitted for review and approval. 2. NPDES Permit: The Federal Clean Water Act implemented by the EPA requires that stormwater discharges from certain types of facilities as part National Pollutant Discharge Elimination System ( NPDES) be authorized under stormwater discharge permits. An NPDES permit is required for all construction sites greater than one (1) acre in size. The area of disturbance for the proposed development is greater than one acre and shall therefore comply with NPDES regulations. The NPDES permit for construction activities is issued by the State through the Colorado Discharge Permit System (CDPS), and may be obtained by contacting the Colorado Department of Public Health & Environment, Water Quality Control Division Water Quality Control Division at 303 - 692 -3500 and asking for the public assistance person for the Permits Unit. A Stormwater Management Plan (SWMP) detailing the Best Management Practices to be utilized during construction is required with this development. A Copy of the CDPS Permit and Stormwater Management Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to issuance of any Grading/Fill or Building Permits. 11808 W44th Ave - RV America - reviewl.ltr.doc Public Works Engineer ing December 16, 2010 Page 4 Stormwater Maintenance Agreement and O & M Plan: All post - construction Best Management Practices (BMP's) for water quality must be maintained and inspected by the property owner(s) per Section 20 -34 of the City of Wheat Ridge Municipal Code of Laws. For stormwater quality facilities including, but not limited to, above - ground or underground detention facilities, porous landscape detention areas, porous pavement, centrifuge type devices such as a Rinker Stormcepter ®, hydrodynamic separation systems such as a Contech Vortechs®, or for any other approved post - construction BMP, a Stormwater Maintenance Agreement accompanied by an Operations and Maintenance (O & M) Schedule /Log shall be required prior to issuance of the Certificate of Completion. The O & M Schedule /Log must be kept current and will be inspected on a regular basis by City staff to ensure compliance with City of Wheat Ridge Municipal Code requirements. 4. Information Information pertaining to the Public Works development requirements, land surveying, platting, and ROW information, as well as the City's Standard Street Construction, and Stormwater/Erosion Control Details are available on the City of Wheat Ridge website at: www.ci.wheatridee.co.us 11808 W44th Ave - RV America - mviewLlh.doc Xcel Energysm PUBLIC SERVICE COMPANY December 15, 2010 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Re: Sach /RV America, Case # WZ -10 -09 Right of Way & Permits 1123 West 3 Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3824 Public Service Company of Colorado has reviewed the request for the Sach /RV America. Please be advised that Public Service Company has existing electric distribution and gas distribution facilities within the area of this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion. As the project progresses, the developer must contact the Builder's Call Line at 1 -800- 628 -2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1- 800 - 922 -1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Thank you, Donna George Contract Right of Way Processor Public Service Company of Colorado rvada Fi Protection Distri Division of Fire Prevention December 14, 2010 Ms. Meredith ReckeM Case Manager City of Wheat Ridge Community Development 7500 W. 29' Ave. Wheat Ridge, CO 80033 RE: Case Number: WZ -10 -09 /Sach (RV America) 11808 W. 44' Ave. Dear Meredith, reacelve iZ -/(0_ We do not have any objections to the proposed re- zoning of the Sach (RV America) property. As site plans are submitted for review, we will have comments and concerns regarding fire department access to the site and proposed buildings, water supplies and fire hydrants for firefighting purposes. Sincerely, Arvada Fire Protection District Steve Steigleder Deputy Fire Marshal 7903 Allison Way • Arvada, Colorado 80005 0 (303) 424 -3012 e o- City of � Wheat�idge COM MUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: December 8, 2010 Response Due: December 22, 2010 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Commercial -One and Commercial -One with use conditions to Mixed Use — Commercial Interstate and Mixed Use — Neighborhood for property located at 11808 W. 44 Avenue. See attached map delineating the proposed zoning line. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ- 10- 09 /Sach (RV America) Request: Approval of a change of zoning to Mixed Use - Commercial Interstate and Mixed Use Neighborhood to allow future development of the property in accordance with the City's mixed use zone districts. The intent of the line separating the two zone districts on the property would be to have the less intensive zone district (Mixed Use - Neighborhood) adjacent to the existing low density residential neighborhood to the south and east. The more intensive zone district (Mixed Use - Commercial Interstate) would be oriented toward W. 44 Avenue and the new 1 -70 on and off ramps. The property is 3.5 acres in size. See attached the attached sheets about the MU -C Interstate and MU -N zone districts for information on use allowances and development standards. The zone change is the first step of the process. If approved and prior to construction of any new structures, a site development plan and subdivision plat approval will be required. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Em mreckert "The Carnation City" DISTRIBUTION: Water District (Valley) Sanitation District (Fruitdale) Fire District (Arvada) Colorado Department of Transportation AT &T Broadband Xcel Energy Qwest Communications Vicinity map Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division Wheat Ridge Urban Renewal Authority "The Carnation City" ON of W heat Pidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 December 2, 2010 Michael Pharo 7777 South Depew Street Littleton, CO 80125 Dear Mr. Pharo: Please let this letter serve as a follow up to submittal of a zone change application for property located at 11808 W. 44` Avenue. In review of the submitted documents, there appear to be a few issues as follows: 1. please indicate who the person signing the land use application form is in relation to the property and the application. 2. the application form does not appear to have an valid notarization. 3. Since the application is for approval of two different zone districts (MU -C and MU -N), there needs to be some sort of delineation as to where the dividing line between the two zoning districts occurs. For example, the request for MU -C would be for the north 200' of the property with MU- N on the southerly 150'. Please contact me at your earliest convenience to discuss these issues. Until resolution is reached, the application cannot move forward. If you have any questions, feel free to contact me at 303 - 235 -2848. Sincerely, i Meredith Reckert, AICP Senior Planner im%v.Jnvheatrfdge.co.us Cit of Wheat�ge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. October 28, 2010 Michael Pharo 7777 South Depew Street Littleton, CO 80125 Dear Mr. Pharo: Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 Please let this letter serve as a follow up to our conversation of yesterday regarding a tentative zone change application for property located at 11808 W. 44 Avenue. You have indicated that your client is interested in a zone change from C -1 and C-I with use restrictions to MU -C Interstate and MU -N. For a complete filing, the following must be submitted: 1. Completed, notarized application 2. Fee in the amount of $1550 ($1100 application fee and $450 noticing fee) 3. Proof of ownership (deed) 4. Power of Attorney (if an agent is acting for property owner) 5. Written request including justification for this request 6. Legal Description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements. 7. Certified boundary and improvement survey of the property 8. Mineral Rights certification form 9. Written narrative addressing the following: a. The need for the zone change. b. Present and future effect on the existing zone districts, development and physical character of the area. c. Access to the area, traffic patterns and impact of the requested zone on these factors. d. Availability of utilities. e. Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. f A discussion of the relationship between the proposal and adopted land and /or policies of the city. g. Any additional materials necessary to adequately review the proposal. An item of concern is the issue of establishing a zoning boundary line across the property where there is not a corresponding property line. In consultation with the City Attorney, we believe it appropriate to place a condition of approval on the zone change that could be handled as follows: 1. In the effective date section of the zone change ordinance that it (the ordinance) reflect that it does not become effective until the date of final approval of a consolidation plat for the property; and 2. That in the event the consolidation plat is not approved within a certain timeframe (perhaps, 60 or 90 days), that the ordinance shall be void and deemed automatically repealed by an action of City Council. www.ci.Nvheatridge.co.us In addition, the location he boundary line needs to be establish - between the two zone districts. I would suggest that we discuss this in the near future. The city surveyor should be consulted regarding how the zone district line is defined by legal description. If you have any questions, feel free to contact me at 303- 235 -2848. Sincerely, Meredith Reckert, AICP Senior Planner Page 1 of 3 Meredith Reckert From: Sent: To: Gerald Dahl [GDahl @mdkrlaw.comj Wednesday, October 27, 2010 1:19 AM Meredith Reckert Subject: RE: conditions on zone changes Meredith, I do believe that we could condition the zone change on a future plat approval; considering that we - recently made the change to allow conditions to be placed on private rezoning. There are a couple of ways we could structure the condition: ® Say in the effective date section of the zoning ordinance that it (the ordinance) does not become effective until the date of final approval by of a plat amendment regarding the property rezoned which creates a platted boundary between the MU -C and MU -N districts created by the ordinance. ® Further say that in the event such a plat amendment is not approved on or before the ordinance shall be void and deemed automatically repealed. The legal protest procedure could certainly still take place without affecting the condition that I have described. It may be that we should talk by phone or in person; let me know. Regards, Jerry Gerald E. Dahl gd:ahl(a;mdkclawxom Direct: 303- 493 -6686 Murray Dal Kuechenmeistcr & Renaud LLP 1 ,530 16th Street, Suite 200 Denver, CO 80202 Phone: 303 -493 -6670 Fax: 303- 477 -0965 I { a This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. Ifyou are not the intended. r €.cipient of this e -mail you are hereby notified that any dissemination, distribution or copying of this e -mail, and any attachments thereto, is strictly prohibited.. if you have received this e- mail in error, please notify me immediately by telephone or e -mail and destroy- the original message without making a copy. Thank you. 10/27/2010 Page 2 of 3 From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.us] Sent: Tuesday, October 26, 2010 12:31 PM To: Gerald Dahl Subject: conditions on zone changes Hi, Jerry Our new mixed use zoning districts are attracting some attention from land use applicants wishing to avoid the long planned development approval process. Of course, as we start to apply the new zoning districts into a zone change context, there are questions which arise. We are working with an applicant who owns about 4 acres of land divided into three parcels. He wishes to apply for a zone change from C -1 to MU -C Interstate and MU -N with the zoning line running through the middle of the property. The proposed new zone boundary would not follow an existing lot line. In a perfect world we would like to see him process a simultaneous plat so that the zoning line would run with a new lot line dividing the property in half. The applicant is hesitant to spend the $3000 - $4000 dollars on a boundary survey and plat preparation prior to knowing whether the zone change application would be approved. We anticipate significant neighborhood objection and realistically, a legal protest filed against the application. Would it be appropriate to condition the zone change upon a future plat approval? Below is my best attempt at a drawing illustrating this. Please advise. M 1/11/2011 Page 3 of 3 Three existing parcels New zoning fine would divide property in half 'Meredith Reekert, MCP Senior Planner 7 9' 5 ' Avenue. Wheat Ridse. C0 804; Office Phone: 303 -235 -2548 FAY: 303-2" www.ci.whcahidee.co.us Cal} of 1C i lC t' C'c5tt+.ao, tills t7t .t l��t�ma.Nl `— CONFIDENTIALITY NOTICE: This e -mail contains businessconfidential information. II is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any netwod<to which your computer is connected. Thank you. 1/11/2011 Michael G. Pharo Associates, LLC November 17, 2010 Ms. Meredith Reckert— Senior Planner 7500 West 29 Avenue Wheat Ridge, Colorado 80215 Re: RV America Property 11808 West 44 Avenue Dear Ms. Reckert: As directed in your letter to me of October 28, 2010, we are providing the following materials in support of our request to rezone the RV America property at 11808 West 44 Avenue. 1. The application form is enclosed. 2. A check in the amount of $1,550 is enclosed. 3. As submitted previously, we are providing an IRS Schedule K -1 as proof of ownership. We can provide a title commitment or deed when we are closer to an end of the entitlement process, thereby avoiding the probability of having to do this twice. 4. We have not included a Power of Attorney since Mr. Hari Sach, as owner of RV America can represent himself. 5. Our request is to rezone the property from C -1 and C -1 with restrictions to MU -C Interstate and MU -N Neighborhood. Our justification for this request includes a change of land use pattern in the immediate area of the property, a change of traffic pattern in the immediate area of the property and a desire by Mr. Sach to be able to market the property. To market the property we need to broaden the allowable uses on the southern portion and enlarge the two parcels to the north currently zoned C -1. 6. A legal description is enclosed. This legal description was provided previously and meets the current City criteria related to the current City datum and proper section and PHAC ties per City Geodetic Requirements. 7. A boundary survey can be provided, most reasonably in association with any plat that will likely be required upon rezoning approval. We have enclosed a previously provided improvement survey of the property. 8. A Notice to Mineral Estate Owners as previously provided is enclosed. 9a. The need for the zone change has been outlined in detail in my letter to Ken Johnstone of May 21, 2010. The portion of the property zoned C -1 without restrictions is too small to support contemporary commercial uses. The bulk of the property, zoned C -1 with restrictions, can be utilized only for recreation vehicle storage. There have been changes in the immediate area of the property to both the land use pattern and the traffic pattern. The latter is due primarily to the redesign of the access ramps from West 44 Avenue to I -70. 7777 South Depew Street Littleton, Colorado 80128 phone: 303- 783 -3772 z 9b. The existing zone districts along West 44`' Avenue are primarily commercial. A variety of service, destination and impulse uses are in place. Redevelopment to a higher potential as envisioned by the City will likely occur over time. The physical character of the area should be accomplished in a unified manner through implementation of both existing development criteria and the newer criteria as proposed by the mixed -use zones. 9c. Vehicular access in the immediate area of the property is being redefined. New lane configurations along West 44` Avenue will result in right - in/right -out access where the property fronts West 44 Avenue. A major intersection is proposed at West 44 Avenue and Tabor Street. Full movement to the property from Tabor Street can occur. We continue to support retention of Tabor Street as a residential lane further to the south. 9d. All utilities are available to the property in volumes capable of service for any commercial land use and without unreasonable impact to the provider. We have attached previously provided letters from the Valley Water District and Xcel Energy. 9e. It is our understanding that the future effect on public facilities and services will be minimal. A previously provided response from the Arvada Fir Protection district is attached. The size of the property, 3.5 acres, will generate very low volumes of utility service, traffic, park and school usage. 9f. We continue to recognize the higher intensity commercial exposure along West 44 Avenue with the necessity of lessening the land use intensity to the south. The mixed -use zones being requested are designed to accommodate such land use characteristics. At the southern portion of the property, it will be possible to implement residential, or lower- intensity office and retail to recognize the existing residential and openspace land uses. We agree with the appropriateness of platting the property in a manner which recognizes the anticipated zoning boundary. We believe that dealing with this as a condition of approval is proper. me know what else I can do at this time. A l Michat G. Pharo MGP/kp Enc. c: Hari Sach City of CO,IAMWheat jdge UNrry DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: City Staff Present: Location of meeting Property location: Applicants: Property owners: Property Owner(s) present? Existing Zoning: Comprehensive Plan Designation: Members of the public present: Ron Marcko Tim October 12, 2010 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29 Avenue Wheat Ridge, CO 80033 11808 W. 44 Avenue 11808 W. 44"' Avenue Wheat Ridge, CO 80033 888 -311 -4497 Hari Sach Mike Pharo, owner's consultant Hari Sach 11808 W. 44 Avenue Wheat Ridge, CO 80033 Yes Unrestricted C -1 (northern one - third), restricted C -1 (southern two - thirds) Neighborhood Commercial Corridor (northern half), Neighborhood (south half) Applicant's Proposal: The owner of RV America would like to sell his property. In order to make it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use limits and specific use areas on the property that may restrict potential buyers from developing the site for their needs. The uses that are currently allowed on the rear portion of the property are restrictive and essentially limit the property to be used for RV storage. wwwA.wheatridge.co.us The applicant is desirous of rezoning the property to MU -C Interstate (Mixed Use - Commercial) on the northern portion and MU -N (Mixed Use - Neighborhood) on the southern portion. Existing Conditions: The property is 3.5 acres in size and is located on the southwest corner of W. 44 °i and Tabor St. The adjacent properties along W. 44` are zoned C -1 with the exception of a small area on the property to the west, which is zoned C -2. The areas to the south of the property are zoned A -I developed with single family homes and open space. As Tabor St. extends south of W. 44 "' Ave., it becomes a street that has not been constructed to the minimum street width. The road's width is that of an alley (20') and provides access to the residential lots to the south of the property in question. As Tabor St. extends to the north of W. 44` Ave., it is the only street that provides access over I -70 in between Ward Rd. and Kipling St. There is currently no access to the property from Tabor Street. The following issues were discussed: What is happening with the CDOT project for relocation of ramps and related improvements on 44th Avenue? The new I -70 on and off ramps will be located to the west of Heinie's Market encompassing most of the Public Storage property. Improvements to 44' will include widening, installation of curb, gutter and sidewalk and installation of raised medians which will limit access to many of the adjacent properties to right- infright -out only. The subject property will have no left turn access to 44' Avenue with the two existing accesses limited to right- in/right -out. Will a traffic signal be installed at the corner of 44 "' Avenue and Tabor? f the property is redeveloped and generates sufficient traffic to meet "warrants ", a traffic signal would be installed. On the drawing, why is there a line drawn through the middle of the property? The line will be used to designate two district use areas. The northern portion adjacent to 44' Avenue will have higher intensity uses more oriented to impulse purchases such as fast food restaurants. The southern portion will have less intensive uses and development standards more appropriate adjacent to residential development such as a 35' height limitation where the front piece height allowance will be 50'. What are the uses being proposed? The uses listed were taken primarily from the C -1 permitted use list with many of the undesirable uses eliminated. A few of the eliminated uses include adult entertainment establishments and car repair, facilities. Discussion of desirable uses continued. There was some sentiment that no development should be allowed. It was pointed out that visually, development may have less impact than currently exists with the RV storage. One of the desirable uses suggested was a landscape nursery. Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago? The last application for a change in zoning conditions was filed in 1999. The case was withdrawn after a denial recommendation was given by Planning Commission. It is the property owner's right to be able to apply for zoning modifications on his property. What is proposed for Tabor Street? If access is approved for Tabor Street, the developer will be responsible for dedication, widening and installation of public improvements from 44` down to the new access point. No widening or improvements would extend to the south where residential access begins. It was indicated from the attendees that people drive down Tabor where there is no turn around requiring turn around using private driveway. This type of intrusion into the neighborhood has included delivery vehicles and even semi trucks. It was posed whether the City would be agreeable to physically restricting access such as gating. This is doubtful due to emergency access issues. � ' r City of Wheat d , e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235 2846 P: 303.235.2857 October 12, 2010 11800 W. 44 °i Avenue Neighborhood Meeting Property size: 3.5 acres Current zoning: Unrestricted C -1 (northern one - third) and restricted C -1 (southern two- thirds) Proposed zoning: Mixed Use Commercial Interstate and Mixed Use Neighborhood www.ei.wheatridge.eo. u s 08/22/2010 22:30 3037833773 MICHAEL:PHARO PAGE 02 Notice of Neighborhood Meeting A Neighborhood Meeting is being held to discuss the RV America property located at 11,808 West 44" Avenue in Wheat Ridge, Colorado. The purpose of the meeting is to share information regarding the landowner's desire to modify the allowable uses that could reasonably be accommodated on the property. The basis of this request includes significant changes in the area related to vehicular traf=fic patterns resulting from the new access routes to 1 -70 from West 4e Avenue and the owner's desire to adapt his business to current market conditions. Our intent is to rezone the property from C -I with conditions to the City's new mixed -use zoning classification. Date of Meeting: October 12, 2010 Time of Meeting: 6:00 p.m. Location of Meeting: Wheat Ridge City Hall Second Floor Meeting Room 7500 West 29 Avenue if you have any questions at this time, please can the Planning Department at (303) 235 -2846. If you are unable to attend the meeting, you may trail comments or concerns to: City of Wheat Ridge Planning Department 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Citv of bat c MUNITY DLVLLOPMFNT City of Wheat Ridge Municipal Building 7500 W. 29 "' Ave. Wheat Ridge, CO 80033 -8001 P: 3032352846 P: 303 2353857 October 12, 2010 11800 W. 44 111 Avenue Neighborhood meeting GUIDING DOCUMENTS COMPREHENSIVE PLAN: Envision Wheat Ridge - adopted October 2009 North half of property designated Neighborhood Buffer Area (brown color): • Located on the "edges" of neighborhoods • Meant to act as a buffer between low intensity residential areas and higher intensity commercial corridors • Mix of small scale commercial uses with higher density residential, office and commercial uses South half of property designated Neighborhood (yellow color): • Consistent character- single family with high quality multi - family • High rates of reinvestment and home ownership, consistent maintenance • Originally shown as neighborhood Buffer Area - modified due to neighborhood input W. 44 Avenue designated as Neighborhood Commercial Corridor (pink dotted) ® Properties on corridor contain a broad mix of activities including retail, commercial businesses, and residential. Meant to supply the daily services and needs of adjacent residential. URBAN RENEWAL PLAN: W. 44"' Avenue /Ward Road redevelopment area - adopted October 2001 ® identifies desirable land use as community commercial on the front and residential on the rear NEIGHBORHOOD REVITALIZATION PLAN - adopted 2005 • Identified strategies for the city to become a "community of choice" • Goal for Wheat Ridge to be competitive with adjacent jurisdictions wim.ei.wheatridge.co.us WHY CREATE MIXED USE ZONE DISTRICTS? City's plans identify quality mixed use development as priority for major corridors and redevelopment areas • Envision Wheat Ridge Comprehensive Plan • Neighborhood Revitalization Study (NRS) Existing code can make mixed use development difficult • all commercial and multi family zone changes must be to planned development • Zone changes can be slow and unpredictable Minimal options for mixed use in current zoning code: • Some residential allowed in commercial districts with restrictions on size and location • Planned Mixed Use Development (PMUD): timely and unpredictable Intent of new mixed use zone districts: • Create "straight" mixed use zones • Streamlined development review process with clear rules • Flexible approach to land use and parking requirements • Form -based code with design standards • Incentivize redevelopment: potential for city - initiated rezonings Process for adoption of mixed use zone districts: • Property owner public meetings in target mixed use areas • Technical Task Force: 8- member committee of developers, designers, brokers, and property owners • Public Outreach - Project website with surveys, City -wide open house in May • Study Sessions with Planning Commission and City Council • Recommended for adoption by Planning Commission on August 5, 2010 • Approved and adopted by City Council on September 13, 2010 Result — Four mixed use zone districts Mixed Use Commercial (MU -C): • Located on major commercial corridors and at community and employment activity center • Potential uses would include residential, civic uses, commercial and retail uses • Appropriate for Wadsworth and Kipling Mixed Use Commercial Transit oriented development (MU -C TOD) • For areas within %2 mile of transit line • Potential uses include a mix of residential, commercial and retail uses • Appropriate for Gold Line area at Ward and 50th Mixed Use Interstate (MU -C Interstate) • For properties within 500' of I -70 • Potential uses include a mix of residential, commercial and retail uses • Appropriate for 44 Avenue Mixed Use Neighborhood (MU -N): • Less intensive development and uses allowed • Located along neighborhood streets • Potential uses include a mix of residential, civic neighborhood- serving commercial and retail uses City of Wheat �idge COMMUNITY DEVELOPMENT Mixed Use - Commercial (MU -C) Interstate Sub - District Zone District Fact Sheet MU -C Interstate Zone District Summary Intended for properties that are generally within 500 feet of Interstate -70 and that are located on a commercial corridor with direct access to Interstate -70. Generally follows the Mixed Use - Commercial (MU -C) zone district, allowing for a wide range of commercial, retail, and residential uses, but is intended for highway- adjacent sites that may require variation in design or land use due to direct proximity to the interstate. Building Height Maximum height = 6 stories for single use buildings and 8 stories for mixed use buildings Maximum height = 4 stories where within 100 feet of single or two family residential use that is zoned residentially or agriculturally (except where an arterial or collector separates the residential use from the development) Allowable Uses • Wide range of commercial uses including office, drive -thru uses, and auto sales and repair with indoor display /storage • Uses not permitted include adult entertainment, vehicle sales with outdoor display lots, and pawn brokers Architectural Standards Transparency requirements to ensure ground floor windows Build -to requirements encourage the building to relate to the sidewalk/public realm Minimum standards to ensure quality materials and variation in the fagade Residential Transitions Landscape buffers: where abutting single and two family residential uses with residential or agricultural zoning: 0 10' minimum landscape buffer for 1 -2 story building 0 15' minimum landscape buffer for 3 story building 0 20' minimum landscape buffer for 4 story building Upper level stepbacks: 5' additional stepback per story required where abutting single or two family residential uses with residential or agricultural zoning City Of " Wheat -idge COMMUNITY DEVELOPMENT Mixed Use - Neighborhood (MU -N) Zone District Fact Sheet MU -N Zone District Summary • This district, generally located along neighborhood main streets and at neighborhood commercial centers, is established to encourage medium density mixed use development • Allows for a more limited range of neighborhood - serving commercial and retail uses, as well as residential Building Height • Must comply with City Charter height restrictions: 0 35' maximum for any building with residential use 0 50' maximum for all other buildings • Maximum height = 4 stories where within 100 feet of single or two family residential use that is zoned residentially or agriculturally (except where an arterial or collector separates the residential use from the development) Allowable Uses • Drive - thrus, large retail (20,000 SF), and car repair with indoor storage allowed as conditional uses only • Uses not permitted include hospitals, car washes, retail stores over 60,000 SF, adult entertainment, vehicle sales with outdoor display lots, and pawn brokers Architectural Standards • Transparency requirements to ensure ground floor windows • Build -to requirements encourage the building to relate to the sidewalk/public realm • Minimum standards to ensure quality materials and variation in the fagade Residential Transitions • Landscape buffers: where abutting single and two family residential uses with residential or agricultural zoning: 0 10' minimum landscape buffer for 1 -2 story building 0 15' minimum landscape buffer for 3 story building o 20' minimum landscape buffer for 4 story building Upper level stepbacks: 5' additional stepback per story required where abutting single or two family residential uses with residential or agricultural zoning Rezoning Process Chart Pre - application meeting Neighborhood meeting Submit rezoning application & documents to City I Is submittal complete? F "� No Yes Staff review Agency referral Are any corrections needed? Yes I I No Applicant posts public hearing signs ,y I Applicant task Make applicable changes Applicant posts —� public hearing signs Staff task ZONE CHANGE FREQUENTLY ASKED QUESTIONS What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning dictates how land can be used and establishes standards for construction including building setbacks, lot coverage, and building height. Zoning for residential properties also governs allowable density, minimum lot sizes and lot widths for the different allowed uses in those zones. What is a zone change? A zone change is process by which the zoning on a particular property is changed to a different zoning. Why is a neighborhood meeting required? A pre - application neighborhood meeting is required for all zone change requests. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All residents and property owners within 600 feet are notified of the meeting. What public noticing is given for the upcoming public hearings? All property owners within a 300' radius are sent a certified letter announcing the date, time and location of the public hearings. A legal advertisement is placed in the Wheat Ridge Transcript and the subject property is posted for 15 days with yellow public hearing signs. As an interested citizen, how do I convey my opinions about a proposed zone change? All public hearings are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence should be routed through the planning staff. Can I contact my council representatives to express my opinion about a zone change? The public hearings are quasi-judicial in nature. This means that the deciding body should make a decision only on the testimony presented at the public hearings. Please do not contact the Mayor, Planning Commissioners or City Council representatives to discuss the merits of the case prior to the public hearing. It could jeopardize their ability to hear the case. What is a legal protest? A legal protest is a formal, written protest which can be submitted by adjacent property owners within 100' of the subject property. If 20% of property owners on one side within a 100' radius file a legal protest, it requires a three - fourths vote (6 out of 8 members present) of City Council to approve a zone change instead of a simple majority (5 out of 8 members present). A legal protest is usually filed after the Planning Commission public hearing. PAS c _ 205+ W rAllGli6 ExI�T!!6 EXMTRlG w," .. i16 _ 23]! a TOTAL LALOGGN�ED AIR�A A6L M am rLm !R! DATA iYlDIVIdOJ ao EAOT ••zam RV AMERICA w rlgw 4 ep Ei YEO1L/# RAT) b Tm S lydGQY EXISTMG VU= _ C41 OF ^�bV6QAF'� TOT M 11808 WEST 44TH STREET AL LAtDiCArED AIWA. M6 1 !F - PiR�L G- �Y.illO WHEAT RIDGE, COLORADO LAND SURVEY PLAT A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE 1/4, NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO FAIM A ME NORTH 125 FEET OF ME EAST 1/2 OF LOT 11, EXCEPT ME WEST 20 FEET AND EXCEPT ME EAST 150 FEET THEREOF, LEES SIBDIVSON CWNTY OP JEFFERSON, STATE OF COLORADO. FAfM t ME NORTH 125 FEET OF ME EAST ISO FEET OF LOT 11, EXCEPT ME EAST 10 FEET THEREOF, LEES SUBgNSION, COUNTY OP .EFFERSON, STATE OF COLORADO. ' µ{h AVENUE rwm THE NORTH 1/2 OF ME EAST I/2 OF THE NORTH 1/3 AND ME NCRM 3/5 OF Ff41lD RLTSx ME SOUTH 1/2 OP ME EAST 1/2 Of ME NORM i/3 OF LOT 11, lEE'S SUBDIMSW, - - - W IBD PL45D0 THE PUT OP WHIN IS RECORDED IN PUT RON 2 AT PACE 23, EXCEPT ME W. 10 FEET GF SAID LOT 11. ALSO EXCEPT THAT PART DESCRIBED IN BOAC 1018, rsmH EA (� AT PAGE 510 AS fgLOWS NR9'13'07E-� 3 M�rw v'i'°i W-- �WXfIfY 2 �65 4.19' , I AM —y, ME NORM 125 FEET OF ME UST i/2 OF LOT 11, t£E'S SUBDIMSW,^N REBM — — I '� 000 'I (1 �� VIC EXCEPTING THEREFROM ME EAST 10 FEET THEREOF, AND EXCEPTING ME WEST /I1z10 NW CORNER 332 ON .08' THEREOF. , / I WA G p 20 FEET EREOF, AND ALSIP EXCEPTING THOSE CERTAIN PORTIONS OF SAID LAND AS 'mmN LOT 11 TEE'S '' 3 n 1 1 � 1S PTI. CONVEYED IN BEEPS RECORDED AUGUST 20, 1993 AT RECEPTION NUMBERS 8312]839 60BONSON PARCEL A �. F NE NER COR AND 8312]840 AND RE- RECORDED OCTOBER 4, 1893 AT RECEPTION NUMBERS 93IM671 (PER WEsTLmE I I ' •W I I PROSTECT 1 AND 93156872. COUNTY OF JEFFERSON, STATE OF CWORADO. PARK SUBDINSION) 9y�( l4 Y I PARK PLA CE Y Yf MINOR me, .... PARCEL B e'vI I AREA (2 L • 17,499.6 SO FT I .�/gry-7y' rzo by 1M Ar' ty 301. M NIP APPARENT EAMIJENi SCW.E, I'= 40' POIR W SW LINES ON PARCEL An ARU IN PARCEL A k B, 6LI� 1. IT IS HEREBY CERTFlED MAT, A OF SOUTH OF FENCE, Is USED ME DALE OF MIS S I PUT. LO SJBJ PROPERTY I S NOT LOCATED A 1PANiS 40 0 20 40 F il l YEAR ROOD ZONE NE I N ACCORDANCE WM AP H.U.D. N.0 FEBA 10 BY BY PARCEL C OCCUPANTS {Ijli IBM. MAP FLOOD HAZARD 3 R IT MAPS, OARED FEBRUARY 2 1888, MAP P N0. 085079 COOSG, AND 1 I IN Y S IN 204E 'B', SUBJECT To EAST IINE OF WiSRAKE > ASPHALT ROAD C HA SUSDIMSON k EAST LINE - �{ b� FALLS M PROPERY 2 xnCE II� im�y As SHOWN ACCORDING TO COLORADO UW, YW MU Of W 1/1 Oc LOT 11, ST WIIMENCE ANY LEGAL LEE'S 1/2 BE ON < d i�� o ��I g1 ACTION AN BASED UPON ANY EFFECT IN THIS SURVEY W1MIN MREE (PER WESILAKE PUT) � Ou I„ w YEARS AFTER YOU FIRS U SIGH DEFECT. IN E B E I @a MAY Y ACTOR BASED UPON PON ANY FROM OF JR CE IN MIS S TI Y SiO M FROM MORE AN ION YEARS ME GATE OF CERTFlCATON SHOWN HEREON. d 3. THIS LAND SURVEY PUT, AND ME INFORMATION HEREON, MAY F NOT BE USED FOR ANY ADOnWAI OR EXTENDED PURPOSES BEYOND THAT FOR WHIRL IT WAS OED AND MAY NOT BE USED BY Y PARCEL "C' IT IS GETUIRED. THIS P SE T W AN SUSURVEY DOES NOT H An1LE SEARCH BY F ARU pl AqS 0 IEMD QLLANS, INC. TO DETERMINE OWNERSHIP OR _ d ADJONING PROPERTY TO 116.890 S0. FT. FIRE HYDRANT EASEMENTS OF RECOUP, RIGHT -OF -WAY AND TIRE OF RECORD. C. NORTHWEST ACCESSING GATE WATER VALVE CLLNNS IN 111 D VA RC UPON CHICAGO TTE IN CWFORMAATION. INC. COAMIMENi ND. MROUM PARCEL'C' CRUSHED ASPHALT R.V. I 3814. DAZED MAH 0, 1698 FOR THIS INFORMATION. S. REFERENCE Is MADE TO ME FOIOMINC: AND BOAT PARKING I oL- UTUTY POE - A WATER RIGHT CITED RECORDED JULY 1. 1977 IN BOOK U20 AT PACE 237. I- m UGHT POLE - A DEEP FOR DITCH MAINTENANCE RIGHTS AND INGRESS AND EGRESS TO SNO DITCH, OVERHEAD UTILITY LINES RECORDED SEPPEWBER 20. 10M IN DOOR 1018. PACE 570. - u1 fBIGE - RIGHT BE WAY RECORDED SI BOON 265 AT PAGE 503. 8. PARCEL OVERHEAD UnUTY A.M AAG MEASIREWENT INC. CC AB Nip C LEGAL 14. IPTIORS ARE TAKEN FROM CRICAW nnE OF COLORADO, LINES - APPARENT MAIN NNK FENCE MMIMENT N0. 1113614. EASEM i I CI r p 8' VERT. CURB WIN V PAR eie�w+.a n •wv _ H (( _SI OYBMEAD UTNTY ' � 1, WILLIAM J. KONDRACXI, A PROFESSIONAL LAND SURVEYOR IN ME ��HES FOR SITE ; m STATE AR OP COLORADO, ON THE SASS OF MY KNOWLEDGE, INFORMATION AND I UCNT POPOLES BELIEF. 00 HEREBY CERTIFY SPECIFICALLY AND ONLY TO ALEXIS INVESTMENT CORP., Il H S SACHANANDANI AND CRICAGO TITLE OF COLORADO. INC. MAT T IN MARCH, 1998, A PROPERTY M O' RVEY WAS MADE UNDER MY SUPFAMSOY, AND 33 AS A RESULT A SURVEY MADE TO NORMAL STANDARDS OF CARE OF A k PROFESSIONAL LAND SURVEYOR PRACTICING IN ME STATE OF COLORADO. THAT ME PLAT NOT IS AN ACWRATE REPRESENTATION OF ME I PROPERTY AS DETERMINED BY MIS SURVEY, ALL NOTES SHOWN HEREW ARE n n A PART CF THIS MMIMCATON. ME ENCROACHMENTS. EASEMENTS, I, RIGHT OF WAYS OR PASSAGEWAYS ACROSS SAID PROPERTY THAT ARE IN 15 d10x EASEMENT NEC. /83127038 TINE 'CIO EMDENCE OR KNOWN TO ME, ARE AS SHOWN TO THE BEST OF MY KNOWLEDGE woeP FRi¢ zZ AND BELIEF. ME SURVEY DOES NOT CONSMUTE A THE SEARCH BY 1 i OLLAN'S ENGINEERING, INC. TO DETERMINE OWNERSHIP OF THIS TRACT OR TO VERIFY ME DESCRIPTION MGM, ME COMPADMLITY Of TARS A C ' DESCRIPTION WIM THAT OF ADJACENT TRACTS: NO EASEMENTS OP RECORD. J. KONDRAM, PLC 2R� DATE 0:5 BASIS OF BEARING IS THE SOUTH UNE OF THE NE 1/4 OF SECTION 20 AS ESTABLISHED PER SELLARDS AND GRIGG, INC. SURVEY FILED IN PLAT 800K 100, PAGE 10 - REC40902939D Eg5T CORNER OP CENTER TON 20 SECTION 20 f' Aye A MHTMNrpRLIApiO 997.34' (NESTLAKE PLA 987.14' AM V • • �r� • U N���' f V��� — NB9' 6992' E 2661IbT (S&C HREARDbYRNj 2G59 AM � �(.1��, MM UCTUH FOUND 3-1/2' BRASS CAP FOUND 3 -1/4' BRASS v L�1E�MFYlftllaLE LS /13212 INSIDE RANGE BOX CAP LSry]212 - 1882 r ENGINEENNG tllCl(m YA! REC. 08410400] INSIDE RANGE BOX 81IR MI% MFEPLfA'10 xev.a -s+ -w xNl 980.5285E 3 -24-88 LAND SURVEY PLAT A PART OF LOT 11, LEE'S SUBDIVISION BEING IN THE SE 1/4, NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M. 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The -City of Wheat Ridge 7500 W. 29 Avenue Wheat Ridge, Colorado 80033 Planning Department 303 - 235 -2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. 1, , as of /with (Print name) (Position /Job Title) (Entity applying for permit /approval) (hereinafter, the "Applicant "), do hereby certify that notice of the application for , set for public hearing on (describe type of application) 200_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24- 65.5- 103(l), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion o f t property subject to the above referenced application. a X Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. "l' Dated this day of 200 ft: Property appraisal system 1 Property-----) �..� SRI ,_ Information Previous 3 OF 12 Next GENERALINFORMATION Schedule: 110024 Status: Active Parcel ID: 39- 201 -09 -006 Property Type: Commercial Property Address: 11808 W 44TH AVE WHEAT RIDGE CO 80033 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 122 - PROPERTY DESCRIPTION Print Help Page 1 of 1 Owner Name(s) 11808 W 44TH LLC Subdivision Name: 464400 - LEES Block Lot Key Section ITownship IRange lQuarterSection Land Sqft 07 -20 -1977 0011 100K 120 13 169 NE 17500 04 -20 -1992 Total 17500 Assessor Parcel Maps Associated with Schedule Imap39- 201.pdf I Graphic Parcel Mao ManQuest Location SALE HISTORY Sale Date Sale Amount Deed Type Reception 05 -06 -1975 0 36,800 CONVER02 07 -20 -1977 65,000 Assessed Value CONVER01 04 -08 -1982 95,000 10,672 82025423 04 -20 -1992 0 Public Trustee's Deed 92042802 05 -08 -1992 95,000 Special Warranty Deed 92056019 04 -01 -1998 650,000 Special Warranty Deed F0584931 09 -17 -1998 0 Special Warranty Deed FO712510 TAX INFORMATION 2010 Payable 2011 F20 Actual Value Land 122,500 Imp 36,800 Total 159,300 WHEAT RIDGE Assessed Value Land 35,525 Imp 10,672 Total 46,197 Treasurer Information View Mill Levy Detail For Year F20 2010 Mill Levy Information Tax District 3109 County 24.3460 School 48.2100 WHEAT RIDGE 1.8300 ARVADA FIRE DIST. 14.8120 FRUITDALE SAN. DIST. 4.2750 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE &FLOOD CONT DIST 0.5230 URBAN DRAINAGE &FLOOD C SO.PLAT 0.0530 VALLEY W. DIST. 0.0000 Total 94.0490 11 2010 http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 110024 &offset =2 3/21/2011 Property appraisal system 1 Property Information `. AN 1 OF 1 GENERAL INFORMATION Schedule: 043737 Status: Active Parcel ID: 39- 201 -09 -007 Property Type: Vacant Land Property Address: VACANT LAND WHEAT RIDGE CO 80033 Mailing Address: 11808 W 44TH AVE WHEAT RIDGE CO 80033 Neighborhood: 302 - Page 1 of 1 Print Help Owner Names) 11808 W 44TH LLC PROPERTY DESCRIPTION Subdivision Name: 464400 - LEES Block Lot lKey Isection ITownship IRange QuarterSection Land Sift 01 -30 -1980 0011 OOG 20 3 169 NE 111661 52 05 -08 -1992 Total 1116 652 Assessor Parcel Maps Associated with Schedule map39- 201.odf SALE HISTORY Graphic Parcel Mao MaoOuest Location Sale Date Sale Amount Deed Type Reception 09 -17 -1975 45,000 524,900 CONVER01 01 -30 -1980 64,400 152,221 80019251 04 -20 -1992 0 Public Trustee's Deed 92042802 05 -08 -1992 95,000 Special Warranty Deed 92056019 04 -01 -1998 650,000 Special Warranty Deed F0584931 09 -17 -1998 0 Special Warranty Deed F0712510 TAX INFORMATION 2010 Payable 2011 20 Actual Value Land 524,900 Total 524,900 School Assessed Value Land 152,221 Total 152,221 Treasurer Information View Mill Levy Detail For Year 20 2010 Mill Levy Information Tax District 3109 County 24.3460 School 48.2100 WHEAT RIDGE 118300 ARVADA FIRE DIST. 14.8120 FRUITDALE SAN. DIST. 4.2750 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE &FLOOD CONT DIST 0.5230 URBAN DRAINAGE &FLOOD C SO.PLAT 0.0530 VALLEY W. DIST. 0.0000 Total 94.0490 11 2010 http:// www. co. jefferson. co .us /ats /displaygeneral.do ?sch= 043737 &offset =0 3/21/2011 Property appraisal system Property Information Information 1 OF 1 GENERAL INFORMATION Schedule: 043606 Parcel ID: 39- 201 -09 -005 Print Help Status: Active Property Type: Vacant Land Property Address: 11880 W 44TH AVE Owner Names) WHEAT RIDGE CO 80033 11808 W 44TH LLC Mailing Address: 11808 W 44TH AVE WHEAT RIDGE CO 80033 Neighborhood: 362 - PROPERTY DESCRIPTION Subdivision Name: 464400 - LEES Block I Lot lKey Isection ITownship IRange lQuarterSection Land Sqft 07 -21 -1992 180,000 0011 1001 120 13 169 NE 20000 0 Ispecial Warranty Deed Total 120000 VALLEY W. DIST. Assessor Parcel Maps Associated with Schedule map39- 201.pdf SAL HISTORY Sale Date Sale Amount IDeed Type Reception 08 -20 -1971 20,000 140,000 22910713 07 -21 -1992 180,000 Warranty Deed 92089208 04 -01 -1998 650,000 ISpecial Warranty Deed F0584931 09 -17 -1998 0 Ispecial Warranty Deed F0712510 Graphic Parcel Map MapQuest Location Page 1 of 1 TAXINFORMA 2010 Payable 2011 20 Actual Value Land 140,000 Total 140,000 School Assessed Value Land 40,600 Total 40,600 Treasurer Information View Mill Levy Detail For Year 20 2010 Mill Levy Information Tax District 3109 County 24.3460 School 48.2100 WHEAT RIDGE 1.8300 ARVADA FIRE DIST. 14.8120 FRUITDALE SAN. DIST. 4.2750 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE &FLOOD CONT DIST 0.5230 URBAN DRAINAGE &FLOOD C SO.PLAT 0.0530 VALLEY W. DIST. 0.0000 Total 94.0490 2010 http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 043606 &offset =0 3/21/2011 IE CASE PROCESSING APPLICATION Community Development Department 0 West 29 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 (Please print or type all information) Address Phone State Zip Fax ■ Address I � n rriit N ip sly Fax Addres .�. , ffl ffi3 O" , gkr ,7 3�� (The p4rson listed as contact will be contacted to answer questions regarding this application, probide additional information when necessap, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and �r ripen communication to applicant and owner.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit • Consolidation Plat ❑ Subdivision: Minor (5 lots or less) • Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation • Planned Building Group ❑ Temporary Use, Building, Sign • Site Development Plan approval ❑ Variance /Waiver (from Section ) ❑ Other: I certify that the information and exhiMs herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of -a a owner - rh approved of this action on his behalf. Signature of App li�L' Lo t4 "� O ribed and sworn to me this day of 20 othy Pub is My commission expires/j--<— , l � To be filled out by staff: Date received Comp Plan Desig. Related Case No. Fee $ Receipt No. Pre -App Mtg. Case No. Quarter Section Map Case Manager Required information: Assessors Parcel Number: Size of Lot (acres or square footage): C Current Zoni -� 11K- l Proposed Zoning: Current Use Proposed Use: IE CASE PROCESSING APPLICATION Zip Phone (The pirson listed as contact will be contacted to answer questions regarding this application, proNde additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit • Consolidation Plat ❑ Subdivision: Minor (5 lots or less) • Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) • Lot Line Adjustment ❑ Right of Way Vacation • Planned Building Group ❑ Temporary Use, Building, Sign • Site Development Plan approval ❑ Variance /Waiver (from Section ) • Other: I certify that the information and exhiMs herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power- of from the ownepwhich approved of this action on his behalf. Signature ofAppli //G�/�•L Subscribed and sworn to me this —7 ,,l day of 20, Notary Public My commission expires To be filled out by staff: Community Development Department 0 West 29"' Avenue, Wheat Ridge, CO 80033 Phone(303)235 -2846 (Please print or type all information) Date received _ Fee $ Receipt No. Case No. Comp Plan.Desig. Zoning Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager Required information: Assessors Parcel Number: Si3e of Lot (acres or square footage : C Current Zonin �2 6 r -4 Proposed Zoning: Current Use , . tdlf�t Proposed Use: ' State CnlojZ Fax Add Fax (The pirson listed as contact will be contacted to answer questions regarding this application, proNde additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions ❑ Special Use Permit • Consolidation Plat ❑ Subdivision: Minor (5 lots or less) • Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) • Lot Line Adjustment ❑ Right of Way Vacation • Planned Building Group ❑ Temporary Use, Building, Sign • Site Development Plan approval ❑ Variance /Waiver (from Section ) • Other: I certify that the information and exhiMs herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power- of from the ownepwhich approved of this action on his behalf. Signature ofAppli //G�/�•L Subscribed and sworn to me this —7 ,,l day of 20, Notary Public My commission expires To be filled out by staff: Community Development Department 0 West 29"' Avenue, Wheat Ridge, CO 80033 Phone(303)235 -2846 (Please print or type all information) Date received _ Fee $ Receipt No. Case No. Comp Plan.Desig. Zoning Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager Required information: Assessors Parcel Number: Si3e of Lot (acres or square footage : C Current Zonin �2 6 r -4 Proposed Zoning: Current Use , . tdlf�t Proposed Use: ' I City of Wheatidge COM { L 1 NfT'iJE V E [. OP,titENT LAND USE APPLICATION FORM Case No. WZ1009 Date Received 12/8/2010 Related Cases Case Planner Case Description iRezone from C -1 & C -1 with restrictions to MU -C Interstate and MU -N Neighborhood Jlppkcav�f JsrJo�malm� Name HariSach:::= Name F Phone Address City r State = Zip 9M7�ff11flofA7d&W Name IHariSach Name Phone (303) 472 -2361 Address 11808 W. 44th Ave. City Wheat Ridge = State CO Zip 80033- com.fficf IrrlonmaiiAr�: Name Name Phone (303)783.3772 Address 17777 S. Depew St. City Li ttleton State CO Zip 8012 pryiecf Jrdrxaaaiwrr Address 11808 Street (West 44th Avenue _ City Wheat Ridge State M Zip 80033 Location Description Project Name RVAmeric Parcel No. 39- 201 -09 -006 Qtr Section: NE20 ,� District No.: IV h'eyji9kw Pre -App Date 9 /221201 0 Neighborhood Meeting Date 1 011 21201 0 App No: v Review Type Review Body Review Date Disposition Comments CITY OF WHEAT RIDGE 12/09/10 4:46 PM edba RV AMERICA, INC. RECEIPT NO:CDA805376 AMOUNT FMSD ZONING APPLICATION F 1,100.00 ZONE FMSD ZONING REIMBURSEMENT 450.06 ZREIM PAYMENT RECEIVED AMOUNT CK 15281 1 TOTAL 1 Report El Michael G. Pharo Associates, LuC May 21, 2010 Mr. Kenneth Johnstone, Community Development Director 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Re: RV America- 11,800 West 44` Avenue Dear Mr. Johnstone: 5 -Z7 This letter is a follow -up to our most recent conversation, and all the conversations we have had in the last few months. Our purpose is to document the reasoning behind our continued request to make Mr. Sach's property more marketable and to detail the options we have discussed to accomplish this. The current status of the RV America property is that the northern portion is zoned C -1 while the majority of the property to the south can only be utilized for the storage of recreation vehicles. More specifically, of the total property size of 3.55 acres, only .86, or 24 %, can be utilized for C -1 uses. Perhaps more significant in the marketplace, the C -1 portion is configured with 300 linear feet contiguous to West 44` Avenue while the parcel is only 125 feet deep. This is not conducive to contemporary development for a freestanding use on the property. Based on my recent experience, retail uses that might be appropriate for the property require depths of 250 to 300 feet. Most require larger parcels as well. Banks require 1.5 to 2.0 acres; sit -down restaurants such as a Texas Roadhouse or Village Inn require 1.5 to 2.0 acres; hotels require 1.5 -acre minimum —most need 2.0 acres or more; fast food restaurants require 1.0 to 1.2 acres. Office or general retail users need every bit of the 3.5 -acre site if any economies of scale or synergistic attributes are to be obtained. We believe there are at least three reasons why a rezoning of this property is appropriate. • Mr. Sach needs to consolidate his business. The current economy has had its effect on the recreation vehicle industry. The question obviously becomes, of what use is a property in the marketplace if it can only be primarily utilized for the storage of recreation vehicles? We believe a rezoning to allow more variety in the allowable uses is warranted. Notwithstanding at least one City councilman's comment, we believe the current reconfiguration of the West 44` Avenue /I -70 interchange has a dramatic affect on the property, those around it, and perhaps much of West 44` Avenue. The marketplace always recognizes such dramatic changes to the vehicular access patterns in an area. This recognition will occur in time but it may be delayed due to the current economic conditions. 7777 South Depew Street Littleton, Colorado 80128 phone: 303 - 783 -3772 The City appears to be addressing the potential for commercial development or redevelopment in many areas and is in the process of assisting property owners in that effort. Your department, the City's economic development personnel, the Planning Commission and City Council, as well as some private groups have been focused on this for some time. This landowner, this property and the City's desire to promote commercial activity seem to indicate that something positive for all could occur. As I have mentioned, we are somewhat gun -shy when it comes to knowing how to proceed. Our previous attempt to rezone the property was not approved by City Council for reasons never fully explained. We thought we had provided a very good zoning document. • It conformed to the City's submittal requirements. • It included substantial design and development requirements in recognition of the existing single - family neighborhood. • It allowed for adequate flexibility in the marketplace while requiring specific design and development attention for the end user. • The submittal had the positive recommendation of your department. • The submittal had a unanimous recommendation of approval from the Planning Commission. The City Council seemed to hold us responsible for historic actions in the City that clearly predated our submittal and perhaps Mr. Sach's ownership of the property. There was no acknowledgement that the Council understood that they retained final approval for the property when the end user submittal could be made. There were numerous subjective comments made, many after the public hearing was closed therefore excluding any type of applicant response to facts or alternative understandings. The one objective issue relates to compliance with the Comprehensive Plan. However, if this were a valid issue, I would have thought we could have been offered the option of designating the southern portion of the property as single- family residential to the exclusion of all other uses. "Residential" as an allowable use as proposed in our submittal was apparently not recognized by Council. We are left with how to proceed. We have discussed several options including the following: We could rezone the property with minor modifications to the last submittal. This would have more appeal if we knew what to modify. We could limit the allowable uses, provide a stronger transition to the single - family area, or leave a portion along the southern property line for RV storage. We just do not have direction as to what would be required or supported by Council. We could rezone the property with major modifications to the last submittal. This might include leaving the southern one -third of the property as RV storage, or perhaps as openspace. This would provide a proper depth of the C -1 parcel (approximately 300 feet) to meet more market requirements. Meredith Reckert's thought about providing a gateway to the openspace to the south/southwest may have merit. Components of this area could include a vehicular turnaround, parking and openspace access. What entity would acquire and develop this parcel, and in what manner the parcel would be acquired, may take some investigation. The new zoning ordinance may have applicability to this property, and perhaps to more of the West 44 Avenue corridor. There may have to be some work done since the current direction of the new ordinance is more oriented to neighborhoods and the West 38 Avenue and Wadsworth Boulevard corridor as opposed to the West 44 Avenue /I -70 interchange conditions. We continue to appreciate your support and direction in this matter. We can provide drafts of a new submittal at any time; we continue to request a work session with Council, if possible, to resolve some of these items and to get a better understanding of what may be possible. We believe this continues to be a terrific opportunity for the City to assist a respected businessman in the community to achieve what both he and the City desire —a positive commercial redevelopment situation in Wheat Ridge. 4Mi y, Cam` G. Pharo MGP/kp c: Hari Sach —RV America Meredith Reckert Pane 1 of 1 Meredith Reckert From: Meredith Reckert Sent! Monday, June 22, 2009 4:02 PM To: 'Thomas Nicholas' Cc: 'Sandy' Subject: FW: RV America Approval Attachments: RV America Legal.pdf It looks like there is a minor revision to the RV America legal. Please make the requested change and email back the revised legal in word format. The revised legal should be used on all future ODP submittals. If you have any questions, please let me know. leredith Reckert, AICP Seri L-tr Plznner C7FI ic�e �ry hc.. rC' From: Dave Brossman Sent: Monday, ]one 22, 2009 3:3h Pis] To: Meredith Reckert Subject: RV America Approval Hi Meredith — I have reviewed the RV America Outline Development Plan, and oilier than the 20.00' of Right- of-Way reservation which will be up the City Council, and I find it approvable with one minor addition The metes & bounds legal description places the parcel in such a location as to encroach into the existing Tabor Street ROW by about 030'. This can however be easily resolved if the end of the second to last pai a of the le was revised to read "TO A POINT ON THE WEST FIGHT -OF -WAY T_.INE OF TABOR STREET," (please see attached sheet). K I3>xvid I��. I3rossr.�art, P.I:.:7. DereioC.; ! l f;veie'+' H ire d. �.creevnr ?Siff! VV ) h A . vrlteat ': ; duu, Cu lomdo 011icc end I "H 3-? - , ; 'r6 wu%e. ci.c hcgt i us Ctt} s�f P C il L I C rt ;rla_, < CONFIDENTIALITY NOTICE This ooml rnolains busine, g- comldential intormrlibn_ II is imended only for the use oEthe individual or cnGty namzd abovz_ If you are not thz in;erdzd acipien;, you em nmi fed ;het any disdosme, capying. Jisltibutiou, elenronic smrage or rise of Ihis commwticvion is prohibitcA- 1 rynu received this wimnunimw,n in err,, pievc eNiry by m a mdialely c ail, mtachiny the otiyinal message and delete the oo sh i mztmgz tiom yo., wngnmr, and any network to which your c nrputcr is connected. n Thank you. 6/22/2009 Page I of 1 Meredith Reckert From: Meredith Reckert Sent: Friday, June 19, 2009 8:55 AM To: Dave Brossman Subject: FW: RV America ODP Attachments: rvamerica -ocip Sheet 1 rev 6- 11- 09.pdf Attached is an electronic copy of the revised ODP (including legal) for RV America. Please review and comment at your convenience. If you need anything else, please let me know. Thanks, M Meredith Reckert, AIrp Senior Planner Office Phone: 303 - 235 -2848 t or From: Sandy [ mailto:skt @zagadesigngroup.com] Sent: Thursday, June 18, 2009 1:48 PM To: Meredith Reckert Subject: RV America ODP As requested by Mike Pharo. Please let me know if you need anythin5 else. Sandy Sandra K. Thompson, ALA 7,aga Design Group, Inc. 3319 RaleiglhSmcet Denver, CO 80212 303. 437.8622 720- 855 -7421 (fax) 6/19/2009 Legal Description: THE EAST ONE -HALF OF THE NORTH ONE- -THIRD OF LOT 11, LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN TI IE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WFIEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHL W E OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89 0 09'18 "W. CONITMENCING AT THE EAST QUARTER CORNER OF SECTION 20, THENCE S89 0 09' 18 "W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE N00 °50'42 "W, 1 18.00 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED 1N QUI,TCLAINI DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING THENCE S89 0 23'27 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF TFLAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE S86 0 48'38 "W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE N00 °24'47 "W ALONG THE WEST LINE OF THE EAST 'HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEI f TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT I I AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE N89 0 13'26 "F. ALONG THE NORTH LINE OF SAID LOT 1 I AND SAID p ""� bD SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321 FEET :r A 1'`= cut 7 `s; -` ZONED THENCE S00 0 24'47 "E ALONG THE WES1 RIGHT -OF -WAY LINE OF TABOR TIRE STREET, A DISTANCE OF 478.93 FEET TO THE TRU POINT OF BEGINNING STORE CONTAINING 154,633 SQUARE FEET OR 3.550 ACRES, N40RE OR LESS. Ownership Statement: The owner of the property is RV America, Inc. - Mr. Hari Sachanandani- Unified Control Statement: The owner of the property is RV Amen ca, Ina - Mr. Han Sachanandar i. Should market business conditions require a sale of the proper„ that owner would be, obligated by the conditions of this doctunent. Statement of Existing Zoning: K ii?' "" �, ��J ZONED A OPEN SPA The property is currently zoned C -1, Commercial -One with conditions. The conditions limit allowable uses in this C -1 District to RV sales and storage.