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HomeMy WebLinkAboutWZ-12-05Lauren Mikulak From Lauren Mikulak Sent: Tuesday, October 23, 2012 8:59 AM To: pattypyell@comcast.net; 'Shaun Dearman' Subject: Zone Change Approved wheati coximuNny Dtvtu)rmtfrt CON Fl DENTIA L17Y NOTICE: This e-mail contains business - confidential information. It 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 network to which your computer is connected. Thank you. �$ 113 $ 10/23/ 12:56:23 PM $21.0 DF $0 Pam 7 *andR= °�j0N _. - D AVIS C OUNCIL , ORD I N ANCE N Series < o f $ AN ORDINANCE APPROV ■ ^' - ■- - LO CITY REZONI D. . e \ T HREE F ROM M USE . CO MMERCIAL .e . WHEREA t t Wad c „ , l egislatively C ommer c i a l 011 a rezoned 4 � -d. WHEREAS, the City of Wheat lidge Commission held , Public . , . -p e ��- �� � � �a ,� r ~' o r e c ommend ' P # #® , ° .�, «,. z <a the N OW THEREFORE = IT ORDAIN _ e ■F «H° T R ID 2 / COLOR ,` I ® .< CITY Section 1. Pursuant ® the findings made based on : testi mony and ev p at a p he ,. »s the Whe . Ridge C , z ch ange to Mixed U se- Co mmerci a l � la » approved 4 the f ollowing described e .■ . ° a a � : ® © ^ , � -,�� a $�. � � a. .•. � � � � � � � � ® � . ■ <.� � �� . : � ©� 2� »: <� a < :.�� • � \ a, A WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, Col S2_cjLon 2. 1 Ke_sjgd PM j,21U ffighli, 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, TIPM READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by 2 vote of 8 to 0 , this 22nd day of October —, 2012. I NIFE20" Clerk Eon I St publication: September 27, 2012 2 nd publication October 25, 2012 Wheat Ridge Transcript: EffectiveDate: November 9. 2012 a I R! 2. Council Bill 23-2012 — An Ordinance approving a City-Initiated Rezoning of property located at 7750 Three Acre Lane from Residential -Three (R-3) to Mixed Use-Commercial (MU-C) (Case NO. WZ 12-05) Mayor DiTullio opened the public hearing. EM3#� Staff Report (Mr. Johnstone) In 2011 the previous City Council rezoned the Wadsworth Corridor to Mixed Use- Commercial. The 1.5 acre parcel in question was inadvertently left out of this rezoni The property owner has requested to be rezoned to MU-C, so the City is initiating thi rezoning to correct that omission. No fees will be assessed to the property owner. I IM11110 f 0 ^ Motion by Ms. Davis to approve Council Bill No. 23-2012, an ordinance approving a city-initiated rezoning of property located at 7750 Three Acre Lane from Residential-Three (R-3) to Mixed Use- by Mr. Reinhart; carried 8-0. "iMM i Rise-l- -1 COUNCIL NO.?I o " Seties 2012 O Tf4EAEF BE IT ► M„ OF a�1 R N I UMM U R • "s • er s �• � •w� � e WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, !�TATE OF COLORADO 1111111 m 11 7_4T �i� L4 This Ordinance shall take effect 15 daO after final publication, as provided' by SecUorw 6. 11 of the Charter. A I . � . # 11mirmrmg READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of a to __2_, this 21ad day of Octdber , 2012. SIGNED by the Mayor on this 22ad - day of october 201 2. r to, Je D' ullio, Mayor Ile Shaver, City Cie* 1 1 » 4 < « a *« September 27,2012 ^ »} <\aionOc }e 2012 «»<%if *+» Trans« 4» MdWe Date. »*«eotoo * 2012 G iW k Dahl, City AftmOy om ». City of ]�q� Wh6atR�i�gc ITEM NO: 0 DATE: October 22, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23 -2012 - AN ORDINANCE APPROVING A CITY - INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE FROM RESIDENTIAL -THREE (R -3) TO MIXED USE - COMMERCIAL (MU -C) (CASE NO. WZ- 12 -05) ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 IT READING (09/24/2012) ❑ BIDS /MOTIONS ® ORDINANCES FOR 2 READING (10/22/2012) ❑ RESOLUTIONS QUASI- JUDICIAL: ® YES ❑ NO �� ✓1� Com ni D lopmen irector City Manager ISSUE: In 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C). It has come to staff's attention that a 1.15 -acre parcel just west of Wadsworth at 7750 Three Acre Lane was inadvertently excluded from the zone change process. This application is a City- initiated rezoning, and approval of the enclosed ordinance will rezone the subject parcel to Mixed Use - Commercial (MU -C). PRIOR ACTION: City Council approved Ordinance 1496 in July 2011 to legislatively rezone the Wadsworth Corridor to Mixed Use - Commercial (Case No. WZ- 11 -03). In early 2012, staff realized the subject parcel was inadvertently left out of the rezoning area. This information was presented to City Council at a study session on June 4, 2012 at which time staff was directed to proceed with the zone change process. Planning Commission recommended approval at a public hearing on September 6, 2012. The staff report and meeting minutes from the Planning Commission public hearing are enclosed. Council Action Form October 22, 2012 Page 2 FINANCIAL IMPACT: The proposed rezoning is not expected to have a direct financial impact on the City. The rezoning may, however, expand development opportunities for the property, which promotes the City's economic development goals. BACKGROUND: The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard. In particular, the plans call for a mixed -use town center along Wadsworth between W. 38 and W. 40 Avenues, with a variety of retail, commercial, civic, and residential uses. To this end, the City rezoned the Wadsworth corridor to Mixed Use - Commercial (MU -C) in July 2011 after a series of public meetings and hearings. The rezoning boundary was intended to include all parcels within the Wadsworth urban renewal area, consistent with a 2009 charter amendment which exempts these urban renewal properties from certain height and density caps. The parcel at 7750 Three Acre Lane was inadvertently left out of the city- initiated zone change. Staff discovered the omission when an agent contacted the City regarding development options for the property. The subject parcel is 1.15- acres, undeveloped, and zoned Residential -Three (R -3). The Wadsworth Urban Renewal Plan, originally adopted in 2001, indicates that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file of the URA was incorrectly drawn in the City's GIS database, did not include the subject parcel, and resulted in the property not being rezoned. Staff met with the property owner to explain the error, and the owner has requested that the subject parcel be rezoned to MU -C, as was originally intended. A city - initiated rezoning of the parcel will correct the omission, increase development opportunities for the property, and fulfill the original intent of the corridor rezoning. The proposed zoning is consistent with the policies and goals of the City's comprehensive plan — Envision Wheat Ridge —and Wadsworth Corridor Subarea Plan. Both plans call for higher density mixed use development along Wadsworth Boulevard and within the boundary of the urban renewal area. The Comprehensive Plan calls for a quality, mixed use town center between W. 38th Avenue and W. 44th Avenue, and Three Acre Lane is located centrally within that area. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. RECOMMENDED MOTION: "I move to approve Council Bill No. 23 -2012, an ordinance approving a city - initiated rezoning of property located at 7750 Three Acre Lane from Residential -Three (R -3) to Mixed Use - Commercial (MU -C) on second reading and that it take effect 15 days after final publication." Council Action Form October 22, 2012 Page 3 Or, "I move to postpone indefinitely the ordinance to approve a city - initiated rezoning of property located at 7750 Three Acre Lane from Residential -Three (R -3) to Mixed Use - Commercial (MU- C) for the following reason(s) 71 REPORT PREPARED /REVIEWED BY: Lauren Mikulak, Planner I Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 23 -2012 2. Planning Commission Meeting Minutes, September 6, 2012 3. Planning Commission Staff Report CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 23 ORDINANCE NO. Series of 2012 TITLE: AN ORDINANCE APPROVING A CITY- INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE FROM RESIDENTIAL -THREE (R -3) TO MIXED USE - COMMERCIAL (MU -C) (CASE NO. WZ 12 -05) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26 -113 of the Wheat Ridge Code of Laws ("Code ") to initiate rezoning of property; and WHEREAS, the Wadsworth Corridor Subarea Plan adopted in 2007 and the Envision Wheat Ridge comprehensive plan adopted in 2009 both recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the Wadsworth corridor was legislatively rezoned to Mixed -Use Commercial (MU -C) in 2011; and, WHEREAS, the corridor rezoning was intended to include all properties within the urban renewal areas along Wadsworth Boulevard; and, WHEREAS, the subject property is within the Wadsworth Corridor Urban Renewal Area but was inadvertently excluded from the 2011 rezoning of the Wadsworth corridor; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on September 6, 2012 and voted unanimously to recommend approval of rezoning the property to Mixed Use - Commercial (MU -C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change to Mixed Use - Commercial (MU -C) is approved for the following described land: THE WEST 303 FEET OF THE NORTH 165 FEET OF THE SOUTH 350 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 Attachment 1 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, CO. 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; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24 day of September, 2012, ordered it published with Public Hearing and consideration on final passage set for Monday, October 22, 2012 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2012. SIGNED by the Mayor on this day of 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form 1 St publication: September 27, 2012 Gerald Dahl, City Attorney 2 " publication: Wheat Ridge Transcript: Effective Date: Joyce Jay 4435 Carr St., Wheat Ridge, CO Ms. Jay expressed her thanks for the work that the Planning Commission has done which has allowed such great progress on 38` Avenue. She informed the Commission of the Celebrate Ridge at 38 Grand Opening on Saturday, September 22 " She expressed her hope that the Commissioners will attend and help with a ribbon cutting and balloon launch at 1 pm. There will be festivities throughout the day. Please contact her or Steve Art for more information 7. PUBLIC HEARINGS A. Case No. WZ -12 -05 : An application filed by the City of Wheat Ridge for a City - initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use - Commercial (MU -C). This case was presented by Lauren Mikulak. She entered into public record the contents of the case file, zoning ordinance, Comprehensive Plan, and digital presentation. All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. The proposed rezoning area includes one parcel which was inadvertently excluded from the July 2011 rezoning of the Wadsworth corridor to MU -C. Staff discovered the omission when an agent contacted the City regarding development options for the property. The owner of the property was notified and requested that the parcel be rezoned to MU -C as was originally intended. The subject property is currently zoned R -3 and provides for single and two- family residential development but does not allow for commercial uses. Staff concludes that a City- initiated rezoning of the property will correct a past error, increase development opportunities for the property, and fulfill the original intent of the Wadsworth corridor rezoning. Because the zone change evaluation criteria support the zone change request, staff recommends approval. Commissioner BRINKMAN asked if the property owner has a development plan for the site that is consistent with the mixed use zoning. Ms. Mikulak explained that the property is currently on the market and staff is unaware of any development proposals for the site. Commissioner BRINKMAN asked if the minutes of the neighborhood meetings can indicate who is a property owner or who is a renter, to indicate their interest in attending the meetings. Ms. Mikulak explained that typically only name and address have been requested when attendees sign in at a neighborhood meeting, but in the future they can ask for more identifying information. Planning Commission Minutes September 6, 2012 -2— Attachment 2 Chair TIMMS asked if the unimproved area between the fence and the street is part of the lot or part of the right -of -way. Ms. Mikulak explained the majority of this area is part of the subject property. Chair TIMMS closed the public hearing as no members of the public were present. It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to recommend APPROVAL of Case No. WZ- 12 -05, a request for a City- initiated zone change from Residential -Three (R -3) to Mixed Use - Commercial (MU -C) for property located at 7750 Three Acre Lane, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. 2. The subject property was inadvertently excluded from the July 11, 2011 rezoning of the Wadsworth corridor to MU -C, and the proposed zone change will correct the omission and fulfill the original intent of the Wadsworth corridor rezoning. 3. Any applicant for future development under the proposed zoning will provide adequate utility upgrades where needed. 4. The proposed zone change will not result in a significant adverse effect on the surrounding area. Motion passed 6 -0. B. Case No. WZ- 12 -04 A City- initiated rezoning of the 38` Avenue Corridor to Mixed Use Neighborhood (MU -N). Prior to introduction of this case. Chair TIMMS requested that he be recused from the case because his property is surrounded on two sides by the rezoning area. It was moved by Commissioner WEAVER and seconded by Commissioner BRINKMAN to accept Chair TIMMS' recusal. The motion passed 5 -1, with Commissioner MATTHEWS voting no. Commissioner TIMMS left the Council Chambers following the vote. This case was presented by Sarah Showalter. She entered into record the case file and packet materials, Comprehensive Plan, zoning ordinance, and contents of the digital presentation. The existing zoning for this area, which includes 160 properties, is mostly commercial but contains residential zoning as well. There is a wide range of land uses including restaurant /retail, service, office, multifamily, and some single family residential. The City is proposing that the subject property be rezoned to Mixed Use - Neighborhood (MU -N), a zone district intended for neighborhood commercial corridors that is intended to support mixed use development. Because the zone change evaluation criteria support the zone change request, staff is recommending approval of this request. Planning Commission Minutes -3— September 6, 2012 N O N N O 3 -< I .�► �-, Jai r--I O V v E E O U Qi I� V) a V) a) v °0 C O 7 U c J L O CL 0 N N ^ L W 4� —1 E N 0 L E V) 0) Q a L QJ V O LA Q) a U c u � O v Q) ro 41 u Q G,0 C N --6 bA tC6 >- 3: N O (U Z D QJ i1. 2 N ) O > E T C O Q O (D O E v -0 aJ C C) > 70 C 0 Q o N 0 +, > L Y C X o p ° o v _^ C L C) V1 • - C a) u f0 ° Y Vl N Q) Q) Y v v 6 , oC i C u V) > a) O f6 a+ d - 0 O L O Q) c > O 3 m fD Q m u LO 00 C C v N V C Q) '0 Q) _0 -0 Q L t Q) ' 3 c L a C N Y ° v, �n Q) v 3 cc I I I I O V v E E O U Qi I� j w >. v � L O O O .O C tp O � o � c o ` a 3 3 � a v V) a V) a) °0 C O 7 U c J L O CL j w >. v � L O O O .O C tp O � o � c o ` a 3 3 � a v cr C) a) c N 0 N N 4� —1 N 0 L ^, V) 0) Q 2- L QJ V (� Q) a 3 c u � O v Q) ro Co t Q G,0 C N --6 bA tC6 >- 3: N O (U Z 0 i1. 2 N ) O > T C O Q O (D O v -0 aJ C C) > C ON C 0 Q o a > QJ 0 +, > O N O Q :3 Q aJ x _^ C O 0 0 a, ° O N Q) Q) Y v v 6 , oC i c -ID d Q- c > 3 Q Q • - N N N Y Q) ' 3 c c vi W rD L Q) Y rz v Q E t " c c u v_ O C C _ Q) O u N u Z D I i I ro +. +r V) V) cr a) N N (U —1 Y 0 E L (n 0) Q 2- V Ul 1 C u � O O - 0 L L U c " C v O G,0 C N c _0 bA tC6 >- () N O (U N U Y i1. 2 N `° C cu 0) c E > T C O Q O a O v -0 aJ C C) > 0 t C 0 Q o a > QJ 0 +, ° Q O Q) Q a u p :3 Q aJ x _^ C O Q tiA I �7n M m N Q) I v I I I oC Z City Of �C CnOMAJMUNI-TY Wheat idge DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: September 6, 2012 CASE NO. & NAME: WZ -12 -05 / Three Acre Lane ACTION REQUESTED: A City- initiated rezoning to the Mixed Use - Commercial (MU -C) zone district for the property located at 7750 Three Acre Lane LOCATION OF REQUEST: 7750 Three Acre Lane APPROXIMATE AREA: 49,995 Square Feet (1.15 Acres) PRESENT ZONING: Residential -Three (R -3) COMPREHENSIVE PLAN: Mixed Use Town Center / Neighborhood Buffer ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Attachment 3 Case No. WZ -12 -05 / Three Acre Lane All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST On July 9, 2012 City Council adopted a resolution to initiate the rezoning of a property located at 7750 Three Acre Lane to the Mixed Use - Commercial (MU -C) zone district (Exhibit 1, Resolution 36- 2012). The proposed rezoning area includes one parcel which was inadvertently excluded from the July 2011 rezoning of the Wadsworth corridor to MU -C. The subject parcel is 1.15 -acres and is currently undeveloped (Exhibit 2, Legal Description & Map). II. BACKGROUND / EXISTING CONDITIONS Background The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard. In particular, the plans call for a mixed -use town center along Wadsworth between W. 38` and W. 44` Avenues, with a variety of retail, commercial, civic, and residential uses. To this end, the City rezoned properties along the Wadsworth corridor to Mixed Use - Commercial (MU -C) in July 2011 after a series of public meetings and hearings. The rezoning boundary was intended to include all parcels within the Wadsworth urban renewal area, consistent with a 2009 charter amendment which exempts these urban renewal properties from certain height and density caps. The parcel at 7750 Three Acre Lane was inadvertently left out of the city - initiated zone change. Staff discovered the omission when an agent contacted the City regarding development options for the property. The Wadsworth Urban Renewal Plan. originally adopted in 2001, indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file of the URA was incorrectly drawn, did not include the subject parcel, and resulted in the property not being rezoned in 2011 (Exhibit 3, Wadsworth URA & Zoning). Staff met with the property owner to explain the error, and the owner has requested that the subject parcel be rezoned to MU -C, as was originally intended. A city - initiated rezoning of the parcel will correct the omission, increase development opportunities for the property, and fulfill the original intent of the corridor rezoning. Existing Conditions The property at 7750 Three Acre Lane is currently zoned Residential -Three (R -3), a zone district which provides for high quality, safe, quiet and stable medium to high- density residential neighborhoods. The R -3 zone district allows for single -, two -, and multi- family housing, but does not allow for commercial uses. Building height is limited to 35 feet, and residential densities are limited to one dwelling unit per 3,630 square feet of land area —or about 12 units per acre. The property is located in the Traditional Overlay of the Architectural and Site Design Manual. All new development would be Case No. WZ -12 -05 / Three Acre Lane R-3 with ASIYNI ixed Use- C:'cararraaer °cial Assumes mu t -f;ar itv rfc °r a:lolarrrcrrt I (confililled) R-3 N�ith ASDNI IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall basc its recommendation in consideration 49W&tifti to 444A 44W"6W4gM',' criteria have been met: Any proposed development under the new MU�C zoning would be ftq*o 0 vompletq� traft and drainage studies and to med storm water drainage and water quality d.. Th A standards and architect" controls of the MU-C zone district will support compat"ity of filture development with surrounding land uses. Staff concludes that this criterion has been met, 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in con formasee, or will bring the prop" into conformance, with the City of Wheat Ridge comprehensive plan gosh, objectives and policies, and other related policies or plans for the area. Cast No. WZ-12-05 / Three Acre Lane 5 W''ZI ilill��ililill 1 111111 Pill 1 1 1 i plans. Staff concluiks that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. While an inadvertent error occurred 201 by excluding the parcel from the city-initiated zone change of the Wadsworth Corridor, Staff has found no evidence of any error on the official zoning maps. The subject parcel is currently zoned Residential-Three (R-3) as it appears on the City's zoning map. SMEMEMS= c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. � Z171 I i I i I :zi;: , I i 111 1 ► Case No, W7-12-05 / Three Acre Lane 6 move . • f from ' + t r • Acre Lane, for • reasons: 1. 2. 3. ." Case No, WZ-1 -05 ./ Three ,acre Lane 7 EXHI • s vl RES OLUTION NO Series of 2012 TITLE: A RES OLUTION BEGINNING A CITY-IINITIA REZONING OF P ROPERTY O r THREE ACRE LANE TO MIXED USE-C WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26-113 of the Wheat Ridge Code of Laws rCode") to initiate rezoning of property, and W14EREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009, and WHEREAS, the Wadsworth corridor was legislatively rezoned to Mixod-Use Commercial (MU-C) in 201 1 and WHEREAS, the corridor rezoning was intended to include all properties within the urban renewal areas along Wadsworth Boulevard', and Renewal Area out was inauvertently uoea RUM corri ! NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Rid C o l ora d o , as f X The City Council hereby initiates a rezoning of the property (mated at 775 Th ree A c r e L ane 1 1t U DONE AND RESOLVED this e day of July', 2012. ATTEST: * , alto S ae erp i�... Clerk. Case lo, 14 12- 0 ./Three Acre Lane EXHIBIT 2: LEGAL DESCRIPTION & MAP Legal Description The area to be rezoned to Mixed Use - Commercial (MU -C) is comprised of: THE WEST 303 FEET OF THE NORTH 165 FEET OF THE SOUTH 350 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6' PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, CO 80033; as depicted in the map below. ua 0 AVE v 3 0 THREE ACRE L'N i ! 07750 L ____.J 1ST AVE J M Case No. WZ-1 2-05 /Three Acre Lane EXHIBIT 3: WADSWORTH URA & ZONING The map below, taken from the adopted Wadsworth Urban Renewal Plan (2001), indicates that the subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal - area and should have been rezoned to Mixed Use - Commercial (MU -C). g 1 � 1.1 — o z � ` j3 4-3 �mm� o 1 a� OL t (� W ! v! i Q U r pq . i. Case No. WZ -12 -05 /Three Acre Lane 10 The tan shading in the image below shows that at some point the boundary of the urban renewal area (URA) was incorrectly drawn into the City's mapping database, excluding the subject parcel. The blue dashed line indicates the adopted URA boundary. I �4L,ad 14 r+r ran Q _ r�r n ' � r r a ?� h Tf r r E Mo ' Ive Case No. WZ -12 -05 / Three Acre Lane The digital file shown above was used as the boundary for the 2011 city- initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C). For that reason, the subject property was inadvertently left out and still zoned Residential -Three (R -3)-- instead of MU -C —as shown in the zoning map below. EXHIBIT 4: ZONING MAP e r Case No. WZ -12 -05 / Three Acre Lune 12 In the zoning map below, the subject site is outlined in red. Outlined in blue are the properties which were included in the 2011 city- initiated rezoning to Mixed Use - Commercial. EXHIBIT 5: NEIGHBORHOOD MEETING NOTES City of �MUMT Wheat idge DEVELOPMENT City of Reheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge. CO 80033 -5001 P: 303?35.2846 NEIGHBORHOOD MEETING NOTES Meeting Date: July 25, 2012 Attending Staff: Lauren Mikulak, Planner I F: 303.235.2857 Location of Meeting: City Hall – 7500 W. 29 Avenue, 2 " floor conference room Property Address: 7750 Three Acre Lane, Wheat Ridge, CO Property Owner(s): Patty Pyell and Terri Pearman Property Owner(s) Present? Yes Applicant: City of Wheat Ridge Existing Zoning: Residential -Three (R -3) Existing Comp. Plan: Mixed Use Town Center / Neighborhood Buffer Existing Site Conditions: The property is located at 7750 Three Acre Lane, two lots west of Wadsworth Boulevard. The property is currently zoned Residential -Three (R -3), but is surrounded by a variety of land uses and zoning designations. To the north and west are properties zoned Residential - Two (R -2) containing single- and two - family homes. To the south and east are properties zoned Mixed Use - Commercial (MU -C). The lots to the east include commercial uses; to the south are multi- family residential apartments. Based on Jefferson County records, the subject property has an area of 49,995 square feet (1.15 acres). The property is currently vacant. Applicant /Owner Preliminary Proposal: The City of Wheat Ridge is the applicant for this city - initiated zone change. In July 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C), per Case No. WZ -1 1 -03. It has come to staff's attention that a single parcel— located at 7750 Three Acre Lane —was inadvertently left out of the city - initiated zone change. Case No. H17- -12 -05 / Three Acre Lane 3 Staff has met with the property owner to explain the error, and the property owner has requested that the parcel be rezoned from Residential -Three (R -3) to MU -C, as was originally intended. Staff is requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three Acre Lane. The following is a summary of the neighborhood meeting: In addition to staff, the property owner was in attendance. Five members of the public attended the neighborhood meeting, including: • Jim Hoy, 12 Three Acre Lane • Tammy and David Kaiser, 7765 Three Acre Lane • Jerry Roach, 7805 W. 421 " Avenue • Kit Campbell, 4105 Yarrow Court • Staff discussed the site, its zoning, and the history related to the Wadsworth Corridor rezoning, the location of the urban renewal area boundary, and the inadvertent exclusion of the subject lot from the previous city- initiated zone change process. • The applicant and members of the public were informed of the process for zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. Publication of the hearing will be in the Transcript. • Staff reviewed the development standards and permitted uses associated with the MU -C zone district. The following issues were discussed regarding the city- initiated zone change: Who is this zone change coming from? This is a city- initiated zone change. Staff realized the error and contacted the property owner to see if they were interested in a zone change. Staff presented the omission and proposed zone change to City Council at a study session, and Council adopted a resolution at a public meeting to initiate the rezoning process. Could a gas station or fast food restaurant locate on the property? It depends. A motor fueling station is a conditional use, as is any eating establishment with a drive -thru. The MU-C zone district limits drive -thru uses by establishing required separations. Fast food drive -thrus must be located at least 500 ft apart from another fast food drive -thru. Other types of drive -thru uses, such as a coffee shop or bank, must be located at least 500 ft from one another. An eating establishment without a drive -thru is one of the many uses that is permitted. Will Three Acre Lane ever connect to Yarrow Court using eminent domain? Staff is unaware of any plans to connect Three Acre Lane to Yarrow. How do you justify MU -C on a street surrounded by residential uses? The site has remained undeveloped under the current R -3 zoning designation, though the zoning allows it to be developed single-family, two-family, or multi family residences. The MU-C zoning will still allow development of a two-family or multi family residence, but will expand the possible use options to include commercial uses or ideally a mix of commercial and residential uses. MU-C zoning on this particular lot will mean the property serves as a buffer between the more intensive Case No. WZ -12 -05 / Three Acre Lane 14 commercial uses along Wadsworth and the lower density residential uses on Three,4cre Lane and to the West. is, step back, and buffering requirement;to protect the existing "I residential uses and mitigate the potential impacts of a heavier-than-residential use • you know how the site will develop? No. A zone change to mixed use does not require that a development scenario be determined, Staff and Council accept zone change requests without a site plan because we are confident that the development standards and architectural requirements in the MU-C code will result M a high. f W development. Once a site is zoned mixed use, a site plan review is required. The site pl i rev admin'strativelY and confirms that the site and bAW9 meet all re*' nts UL tke One of the property owners was present at the meeting. She explained their difficulty in utilizing or selling the property, and expressed their hope that the M.U-C zoning makes the property mom attractive to a future user. Attendees were infbmwd that public hearings will likely be scheduled for September aand be The fundamental concern that was expressed was simply not knowing if or how the property wou develop in the future. To some extent, that concern remains no matter what the zoning because site is currently undeveloped. t Aside from the five neighbors who attended the meeting, staff received no comment fim Others in the area regarding the proposal. Case No. 97-12-05 / Three acre Lane 15 City of V V 'Wh6a - tNvdgc ITEM NO: DATE: September 24, 2012 agla ■ M 94 R. ON., Wk 0 mttlal MM QUASI-JUDICIAL: Z YES El NO Community Development Director City Manager ISSUE: In 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use- Commercial (MU-C). It has come to staff's attention that a 1.15 -acre parcel just west of Wadsworth at 7750 Three Acre Lane was inadvertently excluded from the zone change process. This application is a city-initiated rezoning, and approval of the enclosed ordinance will rezone the subject parcel to Mixed Use-Commercial (MU- C). Planning Commission recommended approval at a public hearing on September 6, 2012. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. Council Action Form September 24, 2012 Page 2 FINANCIAL IMPACT: The proposed rezoning is not expected to have a direct financial impact on the City. The rezoning may, however, expand development opportunities for the property, which promotes the City's economic development goals. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. Council Action Fonn September 24, 2012 Page 3 La "I move to postpone indefinitely the ordinance to approve a city-initiated rezoning of property located at 7750 Three Acre Lane Residential-Three (R-3) to Mixed Use-Commercial (MU-C) for the following reasonts) REPORT PREPARED/REVIEWED BY: Lauren Mikulak,, Planner I Meredith Reckert, Senior Planner ATTACHMENTS: 1. Maps of Subject Property 2. Council Bill No. 23-2012 7. PUBLIC HEARINGS A. Case No. WZ-12-05: An application filed by the City of Wheat Ridge for a City_ initiated. rezoning of property located at 7750 Three Acre Lane to Mixed Use- Commercial (MU-C). This case was presented by Lauren Mikulak. She entered into public record the contents of the case file, zoning ordinance, Comprehensive Plan, and digital presentation. All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Staff concludes that a City-initiated rezoning of the property will correct a past error, increase development opportunities for the property, and fulfill the original, intent of the Wadsworth corridor rezoning. Because the zone change evaluation criteria support the zone change request, staff recommends approval. Commissioner BRINKMAN asked if the minutes of the neighborhood meetings can indicate who is a property owner or who is a renter, to indicate their interest in attending the meetings. Ms. Mikulak explained that typically only name and address have been requested when attendees sign in at a neighborhood meeting, but in the future they can a for more identifying information. I Planning Commission Minutes - 2 — September 6, 2012 e Uumprovel area Detween me Tence anct the street is part ot - th,* lot or part of the right-of-way. Ms. Mikulak explained the majority of this area is part of the subject property. m Li i I 11MIXER 1111in me Mimi B. Case No. WZ-12-04: A City-initiated rezoning of the 381h Avenue Corridor to Mixed Use Neighborhood (MU-N). Prior to introduction of this case, Chair TIMMS requested that he be recused from the case because his property is surrounded on two sides by the rezoning area. It was moved by Commissioner WEAVER and seconded by Commissioner BRINKMAN to accept Chair TIMMS' recusal. The motion passed 5-1, with Commissioner MATTHEWS voting no. Commissioner TIMMS left the Council Chambers following the vote. This case was presented • Sarah Showalter. She entered into record the case file and packet materials, Comprehensive Plan, zoning ordinance, and contents of the digital I MR-MMR pum-m- September 6, 2012 -3— City of " Whge CO MMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: September 6, 2012 CASE NO. & NAME: WZ -12 -05 / Three Acre Lane ACTION REQUESTED: A City- initiated rezoning to the Mixed Use - Commercial (MU -C) zone district for the property located at 7750 Three Acre Lane LOCATION OF REQUEST: 7750 Three Acre Lane APPROXIMATE AREA: 49,995 Square Feet (1.15 Acres) PRESENT ZONING: Residential -Three (R -3) COMPREHENSIVE PLAN: Mixed Use Town Center / Neighborhood Buffer ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Case No. WZ -12 -OS /Three Acre Lane Background The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard. In particular, ZIn the plans call for a rnixed-use town center along Wadsworth between W. 38"' and W. 44 with a variety of retail, commercial, civic, and residential uses. To this end. the City rezoned properties along the Wadsworth corridor to Mixed Use-Commercial (MU-C) in July 2011 after a series of public meetings and hearings. The rezoning boundary was intended to include all parcels within the Wadsworth urban renewal area, consistent with a 2009 chat amendment which exempts these urban renewal properties from certain height and density caps. The parcel at 7750 Three Acre Lane was inadvertently left out of the city-initiated zone change. Staff discovered the omission when an agent contacted the City regarding development options for the property. The Wadsworth Urban Renewal Plan, originally adopted in 2001. indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years., however, a digital boundary file of the URA was incorrectly drawn, did not include the subject parcel, and resulted in the property not being rezoned in 2011 Staff met with the property owner to explain the error, and the owner has requested that the subject parcel be rezoned to MU-C, as was originally intended. A city-initiated rezoning of the parcel will correct the omission, increase development opportunities for the property, and fulfill the original intent of the corridor rezoning, Existing Conditions Tile property at 7750 Three Acre Lane is currently zoned Residential-Three (R-3), a zone district which provides for high quality, safe, quiet and stable medium to high-density residential neighborhoods, The R-3 zone district allows for single-, two-, and multi - family housing, but does not allow for commercial uses. Building height is limited to 35 feet, and residential densities are limited to one dwelling unit per 3,630 square feet of land area--or about 12 units per acre. The property is located in the Traditional Overlay of the Archileclwwl tind Site DesigmNIanut All new development would be Case A"o, RZ-12-05 Three.kre Lane subject to the standards of the ASDM including requirements related to build-to areas, parking placement, screening, and building design. The surrounding properties include a variety of land uses and zoning designations. To the north and west are properties zoned Residential-Two (R-2) containing single- and two-family homes. To the south and east are properties zoned Mixed Use-Commercial {MU -C). The properties to the south include multi-farnily residential apartments; the properties to the cast are commercial uses including a recycling center, feed and pet supply business, and offices. This land use pattern is common along the Wadsworth corridor MINIBOOM. Most of the properties which were rezoned to MIJ-C in 2011 are also oriented such that they abut commercial uses on one side and residential on the other. 111. PROPOSED ZONING The City is proposing that the subject property be rezoned to Mixed Use-Commercial {MU -C) as was originally intended, The MU-C zone district allows for a wider range of uses—including residential, commercial, and civic—and encourages mixed use development. The proposed zoning corrects a past error and is consistent with the City's adopted plans for this area. Case No. JQ42-05 Three Acre Lone The following table compares the existing and proposed standards that apply to the subject property. Given the location of the subject property and adjacent low-density residential development it should be noted that the MU-C zone district includes standards related to residential transitions which make the zone district more appropriate in transitional areas. To protect existing residential neighborhoods, the following regulations apply for new MU-C development adjacent to single-or two-family: • Screening is required wherever a parking lot abuts a residential use, including a 6-foot fencehwall or a hedge with a 6-foot landscape buffer. • A minimum I0 -foot wide landscape buffer for 1-2 story buildings. The buffer is increased to 15 or 20 feet for 3- or 5- story buildings, respectively. • In addition to a landscape buffer. buildings over 2 stories must provide a 5-foot step back for each additional upper floor. • Any portion of a building within 100 feet of a residential use (such as to the north and west of the subject lot) may not be taller than 4 stories, Process Section 26-113 of the zoning code authorizes the City to initiate a rezoning of private property and establishes a process for doing so. The first step in the process was for City Council to adopt a resolution indicating the area to be rezoned—this occurred on July 9, 2012. The second step in the process was to hold a neighborhood meeting for all property owners within 600 within a 600-foot radius oI'the property. The City held this meeting on July 25, 2012 and a summary of the meeting is attached At a public hearing, the Planning Commission will make a recommendation to City Council to approve, approve with modifications., or deny the rezoning proposal. Tile Commission's recommendation shall be based on the facts presented at the hearing in consideration of the criteria for review which are specified in Section 26-112.E and analyzed below under "Zone Change Criteria." Upon receipt of the Planning Commission's recommendation, the City Council will hold a public hearing on the proposal and vote to approve, approve with modifications, or reject the city-initiated zone change. Case A 117 12-05, Three Acre Lane 4 IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been rnet: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not adversely affect the surrounding area. While the new zoning would allow for higher density development on the now vacant lot, any proposed development will be reviewed for traffic impacts, drainage, and buffering. Depending on the development scenario, it is possible that development of the site could be equally intensive under either the exiting R-3 or the proposed MU-C zone district. Any proposed development under the new MU-C zoning would be required to complete traffic and drainage studies and to meet storm water drainage and water quality requirements. The development standards and architectural controls of the MU-C zone district will support compatibility of future development with surrounding land uses. ,%?f ,fconclueles that this criterion has been met 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Prior to future development, a Site Plan Review application will be required. This application will include a referral to all impacted utility agencies. In the event that current capacity is not adequate, utility upgrades will be required when the future development scenario is known. Staf q fconcludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City's comprehensive plan— Envision Wheat Ri(Jge--and Wadsworth Corridor Subarea Plan. Both plans call for higher density mixed use development along Wadsworth Boulevard and within the boundary of the urban renewal area, The Comprehensive Plan calls for a quality, mixed use town center between W. 38 Avenue and W. 44 Avenue, and Three Acre. Lane is located centrally within that area. Case AV 11"l-12-05 Three Acre Lane The proposed MU-C zoning encourages mixed use development and establishes specific design standards, making it will be a critical tool for achieving the vision Outlined in the City's long range plans. Slqffconcludes that this criterion has been inet, b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. While an inadvertent error occurred 2011, by excluding the parcel frorn the city-initiated zone change of the Wadsworth Corridor, Staff has found no evidence of any error on the official zoning maps. The subject parcel is currently zoned Residential -Three (R-3) as it appears on the City's zoning map. Staff concludes that this criterion is not aplVicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The most notable change in the area was the July 2011 rezoning of the Wadsworth Corridor to MU-C which was intended to include the subject parcel. There has been recent residential and commercial development activity along the corridor. This includes the upgrade of the property at 4203 Wadsworth to a batik and construction of a senior housing complex at 4340 Vance Street. The proposed zone change will fulfill the original intent of the corridor rezoning. The subject property is currently underutilized and has never been developed. The proposed MU-C zoning may provide an incentive for future investment and development on the subject site. S'tqff Concludes that this criterion has been inet. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. ,Stqf ,fconcludes that this criterion is not tqq)licable. VII. STAFF CONCLUSIONS AND RECOMMENDATION Case A"o, 07- 12-05 / Three Acre Lane VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ- 12-05, a request for a city-initiated zone change from Residential - Three (R-3) to Mixed Use- Commercial (MU-C) for property located at 7750 Three Acre Lane, for the following reasons: Option B: "I move to recommend DENIAL of Case No. WZ-12-05, a request for a city-initiated zone change from Residential-Three (R-3) to Mixed Use-Commercial (MLI-C) for property located at 7750 Three Acre Lane, for the following reasons: 3. Case No. 11/ 12-05 . Three Acre Lane EXHIBIT 1: CITY COUNCIL RESOLUTION fwsowvok 140. U6" of 2012 TITLE.- A REWWT" SWW"G A CITY-IN"TW REZOWNG OF PROPERV LOCAM At "SO Tf#M9 ACRE LAME TO MO(W USE�r�IAL I 1 0 was Q I:mm#m "4E", both plans reWMMM ** the Vftftwoft cor6dor tod� o"t tim %ft a how dons4 mkod use devolopn� Pattem, and W""EAS thO Vftds"O torridor was 19944044� rom o Oxed-use Cwmwrcw 04U.C) in 261 i : ww W"W4, $6efion 26-113 of the Code ro� C#y Cound to 000n the prooe" of a 04406* mw#V by adopt" a r0000tiol 40" so WW OMM" ft motter to the PWrv#" Cwvhiis• ♦ a pubW h6odnq and mcoom*rWation, vvhich V40UW b0 PMOOOO t* a "19000thbod Mo#ft MO)k TH#k00AE. SE rr RESOLM by the tity COUricit of tho C* of VOW RWOO� CWorado as fb� MW Case A'a 147-12-05 Three Acre Lane m EXHIBIT 2: LEGAL DESCRIPTION & MAP Legal Description The area to be rezoned to Mixed Use - Commercial (MU -C) is comprised of: THE WEST 303 FEET OF THE NORTH 165 FEET OF THE SOUTH 350 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6' PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, CO 80033; as depicted in the map below. o 42ND ANE i i i C) F= TFREE ACRE L'N o' J M 2 O U) — 41ST-AVE Case No. WZ -12 -OS /Three Acre Lane 9 EXHIBIT 3: WADSWORTH URA & ZONING The map below. taken from the adopted Wadsworth Urban Renewal Plan (2001), indicates that the subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal area and should have been rezoned to Mixed Use - Commercial (MU -C). 0z3> - ft 0 ED — U z o > L c O Q O � O ca 3 O I I �Q a� Case Vo. 11 - Threee A cre Lane 1 The tan shading in the image below shows that at some point the boundary of the urban renewal area (URA) was incorrectly drawn into the City's mapping database, excluding the subject parcel. The blue dashed line indicates the adopted URA boundary. Case No. WZ -12 -05 % Three Acre Lane The digital file shown above was used as the boundary for the 2011 city - initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C). For that reason, the subject property was inadvertently left out and still zoned Residential -Three (R -3)— instead of MU -C —as shown in the zoning map below. EXHIBIT 4: ZONING MAP In the zoning map below, the subject site is outlined in red. Outlined in blue are the properties which were included in the 2011 city- initiated rezoning to Mixed Use - Commercial. Case No. WZ -12 -05 /Three Acre Lane 12 V EXHIBIT 5: NEIGHBORHOOD MEETING NOTES J - ------- - --- QEME= Attending Staff- Location of Meeting: Property Address: Property Owner(s): NEIGHBORHOOD MEETING NOTES July 25, 2012 Lauren Mikulak, Planner I City liall – 7500 W. 29"' Avenue, 2nd floor conference room 7750 Three Acre Lane, Wheat Ridge, CO Property Owner(s) Present? am= Existing Zoning: Existing Comp. Plan: Patty Pyell and 'Ferri Pearnian City of Wheat Ridge Residential-Three (R-3) Mixed tine Town Center / Neighborhood Buffer Based on Jefferson County records, the subject property has an area of 49,995 square feet (1. acres). The property is currently vacant. Applicant/Owner Preliminary Proposal: The City of Wheat Ridge is the applicant for this city- initiated zone change. In July 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU -C:), per Case No. WZ-1 1-03. It has come to staff"sattention that a single parcel located at 7750 Three Acre Lane—was inadvertently left out of the city-initiated zone change. Case A"o, If'/- 12-0-5 Thre a lore Lane 13 Staff has met with the property owner to explain the error. and the property owner has requested that the parcel be rezoned from Residential-Three (R-3) to MU-C, as was originally intended. Staff is requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three Acre Lane. The following is a summary of the neighborhood meeting: • Staff discussed the site, its zoning, and the history related to the Wadsworth Corridor rezoning, the location of the urban renewal area boundary, and the inadvertent exclusion of the subject lot from the previous city-initiated zone change process. • The applicant and members of the public were informed of the process for zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. Publication of the hearing will be in the Transcript. • Staff reviewed the development standards and permitted uses associated with the Ml -C zone district. The following issues were discussed regarding the city-initiated zone change: • Who is this zone change coming from? This is a city zone change 'YIqff 'realized the error and contacted the In-operty ou'ller to see iflhey ivere interested in a zone change, Suffi - esented the onfission andl)roposed one change to City (7ouncil at a sturdy' session, and (. adolwed a resolution at a public meeting to initiate the rezoning 1,arocess. Could a gas station or fast food restaurant locate on the property? It dcl)ends. A motor fueling station is a conditional use, as is any eating establishment ivith a drive-thru. The A1114" zone district limits drive-thru uses ley establishing requiredsel)arations. Fastfibod drive-thrus must be located at least 500 ft apartfi-ont another, feast ,/bod drive-thru. Other tyl.)es qfdrive-three uses, such as a c(?f . lee shol) or bank, must be located at least 500,fifi-oni one another. An eating establishment without a drive-thru is on( of the many uses that is I-)ernfitted, Will Three Acre Lane ever connect to Yarrow Court using eminent domain? SyIqf ,f is unaware qfanj I)Ians to connect Three A cre Lone to Yarrow, How do you justify MU oil a street surrounded by residential uses? The site has remained undevelol)ed under the current R-3 zoning designation, though the zoning allows it to be developed single- ni�y, two- fiamily, or multi- t inil 'fill fa arti l y? residences. The . Mt - C zoning will still allow develolmlent (?1'a two tni�y or multi fil y residence, but will exI.)and the lwssible use options to include commercial uses or ideally a inix cif connnercial and residential uses, MU-C zoning on this Jwrticular lot will mean the 1.)ropertl serves as a beef - between the more intensive Case, IT '1 12-05 Three ,acre Lane 14 commercial uses along 41'adsworth and the lower densio, residential uses on Three Acre Lane and to the west. It'hile commercial uses would be iwrinitted, the zone district has strict architectural controls, stej) back, and bqftering! requirements to 1,)rotect the existing!, residential uses and mitigrate the 1,aotenlial iml,was of a heavier-than-residential use. Will we be looking at a huge building and parking lot? #'deveIqj)ed, the visual itnI)act will certain)-, increase since the only inq)rovetnent currently on the prql)erty is a six- oljiwce. In addilion to a imar .16 Pr y structure, however, the site will need to accommodate oj)en slaace and landscal)ing, drainage,facilities, and (?#-street 1.)arking. These elements will be the litnitin�, , actors in determining the size and footprint qj'a structure. The AIU-C zoninl requires I)arking to be located on the side or rear qt"the lot, so the primary view, for the homes across Three Acre Lane will not be an exlwinsive I)arkinA area, Do you know how the site will develop? No. A zone chanlye to mixed use does not require that a be determined "Ytqff and Council actual zone change requests without a site I.Van because we arc confident that the develol,nnent standards and architectural requirements in the MU-C code will result in a high- quality develoj.amenf. Once a silt? is zoned mixed use, a site plan review is required The site talon is revieived administratively and coqfirins that the site and building meet all requirements of the zoning code. In addition, stiqlfreviews drainage and traffic itupacts. Can the public review a traffic study? There is no lrql ,fic situty associated with the zone change request because the end use is unknown. Delwnding on how the j?rqj?eqy is eventuahl = develol.)ed, a trq1 Y ,fic stu(ty ma be required with the site lVan. There is no public notification In-ocess when s/q/f receives a traffic slu(tj�, but once submitted a trqf ,fic study becomes I)art qf the public record and the public is welcome to meet with siqll'and review the submittal documents. • One of the property owners was present at the meeting. She explained their difficulty in utilizing or selling the property, and expressed their hope that the MU-C zoning makes the property more attractive to a future user. Attendees were informed that public hearings will likely be scheduled for September and October. The fundamental concern that was expressed was simply not knowing if or how the property would develop in the future, To some extent, that concern remains no matter what the zoning because the site is currently undeveloped. Aside from the five neighbors who attended the meeting, staff received no comment from others in the area regarding the proposal. Case Na UZ-12-05 . Three Acre Lane 15 CITY OF WHEAT RIDGE kll 01006, The full text of this notice including a map are available in electronic form on the City's official website, www.ci.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, August 30, 2412 CITY OF WHEAT RIDGE up -maul IVIEVRK11 The full text of this notice is available in electronic form on the City's official website, www.ci.wheatrid e.co.us, Y Legal Notices. Copies are also available in printed form in the .&_ p Community Development Department. Published: Wheat Ridge Transcript, August 23, 2012 The following case shall be heard: Case No. WZ-12-05: An application filed by the City of Wheat Ridge for a city-initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU_ C) and legally described as follows: THE WEST 303 FEET OF THE NORTH 165 FEET OF THE SOUTH 350 FEET OF THE SOUTHEAST QUARTER • THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OFCOLORADO. Kath y Field, Administrative Assistant PC, - t C6 , TERRI PEARMAN PATTY PYELL 08030 MARSHALL CIR ARVADA CO 80003 r Z 37 " 2- A 4� City of Wh6at yyjabk EL • City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 3032352846 F: 303.235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26-113) August 22, 2012 Dear Property Owner, The City of Wheat Ridge has initiated a rezoning of property located at 7750 Three Acre Lane, as described in the attached legal description. The Wheat Ridge City Council adopted a resolution on July 9, 2012 to proceed with a legislative rezoning of the property to the Mixed Use- Commercial (MU-C) zone district. The purpose of this letter is to inform you that the City is proceeding with public hearings for the rezoning of 7750 Three Acre Lane on the following dates: 1) Planning Commission public hearing — Thursday, Se j)teniber 6 at 7:00pm 2) City Council public bearing — Monday, October 22" at 7:00pm Both public hearings will be held at Wheat Ridge City Hall, 7500 W. 29' Avenue, in the City Council Chambers on the first floor. These public hearings represent the final opportunity for public comment on the proposed rezoning. If you have any questions related to the proposed rezoning or the public hearings, please contact Lauren Mikulak, Planner 1, at the City of Wheat Ridge: 303-235-2845, cc: Case File 14 www.d.wheatridge.co.us THREE ACRE LANE, LLC 761 WEST 42"' AVEN( T WHEM RiDGE, COLORADO " 633 (303)424-1600 I`AX (303) 424-4245 July 24, 2012 Lauren E. Mikulak Planner I City of Wheat Ridge 7500 W. 29 Avenue Wheat Ridge CO 80033 Re: 7750 Three Acre Lane, Wheat Ridge Colorado Rezoning Dear Ms. Mikulak: This is to confirm that the owner of 7750'1"hree Acre Lane is Three Acre Lane, LLC, a Colorado limited liability company. The owners of Three Acre Lane, LLC are Terri Pearman and Patty S. Pyell. The owners of 7750 Three Acre Lane and are in favor of and do request the rezoning of this property to Mixed Use-Commercial (I MU-C). Sincerely, Three Acre, Lane, LLC -xe Patty S Pyell Manager/ Member Cc: Terri Pearman 6/7/12 View Mill Levy Detail For Year mom GENERAL INFORMATION Schedule: 026741 Parcel ID: 39-233-00-011 BLbj_H_Qj2 Status: Active Property Type: Vacant Land Property Address: 07750 THREE ACRE LN WHEAT RIDGE CO 80033 Mailing Address, 08030 MARSHALL CIR ARVADA CO 80003 Neighborhood: 501 - PROPERTY DESCRIPTION Subdivision Name: - TAX INFORMATION 012 •. •# 2013 Actual Value' 299,976 Assessed Valu 2011 Payable 2012 Actua e Va u 0 lu Assessed V=alue ZZMZE�� ro".-Mowal LVOAM � WHEATRIDGE FIRE DIST. lm=.- � � w A 0ETRIDG T" E W. DIST. NOU jeffco.us/ats/displaygeneral.do?sch=026741&offset=2 Case Number WZ-12-05: City-initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C) The area to be rezoned to Mixed Use-Commercial (MU-C) is comprised of. gal a a 961 Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, CO 80033; as depicted in the map below. � \ A � e . � , J ■ . � cr a :. . &, \ �~ 2 � � ■ \ a .\ . , � \ A � e . � , J ■ . � cr a :. . &, � 2 � � ■ \ a i . , � (D � a e ? � \ A � e . � , ■ . _ „ cr a :. CL _ &, � . 0 � ■ \ a i . , � (D � a e ? City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303.235,2846 F: 303,235.2857 Meeting Date: July 25, 2012 Attending Staff: Lauren Mikulak, Planner I Location of Meeting: City Hall – 7500 W. 29"' Avenue, 2 d floor conference room Property Address: 7750 Three Acre Lane, Wheat Ridge, CO Property Owner(s): Patty Pyell and Terri Pearman Applicant: City of Wheat Ridge Existing Zoning: Residential-Three (R-3) Existing Comp. Plan: Mixed Use Town Center / Neighborhood Buffer Based on Jefferson County records, the subject property has an area of 49,995 square feet (L 1 5 acres). The property is currently vacant. Applicant/Owner Preliminary Proposal: The City of Wheat Ridge is the applicant for this city- initiated zone change. In July 201 I, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C), per Case No. WZ-I 1-03. It has come to staff s attention that a single parcel—located at 7750 Three Acre Lane—was inadvertently left out of the city-initiated zone change. Staff has met with the property owner to explain the error, and the property owner has requested that the parcel be rezoned from Residential-Three (R-3) to MU-C, as was originally intended. Staff is requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three Acre Lane. NZERAMMMM In addition to staff, the property owner was in attendance. Five members of the public attended the ww".&�Nlwatridgexo.us neighborhood meeting, including: • Jim Hoy, 12 Three Acre Lane • Tammy and David Kaiser, 7765 Three Acre Lane • Jerry Roach, 7805 W. 421" Avenue • Kit Campbell, 4105 Yarrow Court The following issues were discussed regarding the ci" zone change: • Who is this zone change coming from? This is a city-initiated zone change. Staf owner to see ,frealized the error and contacted the property{ if they were interested in a zone change. Staff presented the omission and proposed zone change to Ch�y Council at a stut4y session, and Council adopted a resolution at public meeting to initiate the rezoning process. Could a gas station or fast food restaurant locate on the property? It depends, A motor fiielin�i _ esta blishment g station is a conditional use, as is an eating , blishment that has a drive-thru. The AIU-C zone district limits drive-thru uses by establishing required separations. Fast . /boddrive-thrus must be located at least 500 apartfi•om another drive-thru. Other types of drive-thru uses, such as a coffee shop or bank must be located at least 500 one another. An eating establishment without a drive-thru is one qI'the maiq uses that is permitted. Will Three Acre Lane ever connect to Yarrow Court using eminent domain? Stqf ,f is unaivare qfan�y plans to connect Three Acre Lane to farrow. • How do you justify MU-C on a street surrounded by residential uses? The site has remained undeveloped under the current R-3 zoning designation, though the zoning allows it to be developed single-fimfilv, t wfi4y residences. The MU- z C oni g ,family, or multi- /a will still allow development qf a single- or tiro- amity residence, but Mill expand the possible use options to include a commercial or a mix qf commercial and residential uses. MU-C zoning on this particular vvill allow the properq to provide a IntI ,fer between the more intensive commercial uses along ff and the lower density residential uses on Three Acre Lane and to the ivest. lYhile commercial uses would be permitted, the zone district has strict architectural controls, step back, and bra f ,fering requirements to mitigate the potential impacts ql'a heavier-than-residential use. • Will we be looking at a huge building and parking lot? ,In addition to a building, the site will need to accommodate open space and landscaping, drainagj- filcilities, and of ,f-street parking. These elements will be the lintitingfiactors in determining the footprint oJ'a structure. The MU-C zoning requires parking to be located on the side or rear of the lot, so the prinuny vieii, the homes across Three Acre Lane will not be an expansive parking • Do you know how the site will develop? No. A zone change to mixed use does not require that a development scenario be dieterinined. Stqt . fand Council accept zone change requests without a site plait because we are confident that the development standards and architectural requirements in the MU-C code will result in a high - quality development. Once a site is zoned mixed use, a site plan review is required The site plan is reviewed administratively and confirnis that the site and building meet all requirements of zoning I code. I addition, stqf 17 f revieivs drainage and traffic impacts. Can the public review a traffic study? There is no traffic study associated with the -one change request because the end use is unknoivn. Depending on hoiv the property is eventually developed, a traffic stu4y may be required with the site plan. There, is no public notification process when sta receives a trqf 01 ' tic stli4v, but as part of the public record the public is welcome to meet with staft'and revieu the submittal documents. • The property owner explained their difficulty in utilizing or selling the property, and expressed their hope that the MU-C zoning makes the property more attractive to a future user. Attendees were informed that public hearings will likely be scheduled for September and October. The fundamental concern that was expressed was simply not knowing if or how the property would develop in the future. To some extent, that concern remains no matter what the zoning. • Aside from the five neighbors who attended the meeting, staff received no comment from others in the area regarding the proposal. M Zone Change Process Step 1: Pre- application M -_ - -- Step 2 Neighborhood Meeting Step 3: Submit Comolete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes 1 I No i Step 6: Publish Request/Post Property for Planning Commission Public Hearing (15 days prior to public hearing) Step 7: Staff Report for Planning Commission Public Hearing Step 9: Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary) Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) ..a City of � Wheat f e Cc_lmMUNITY DEVELOPMENT o 42ND AuE + y I I THREEA ELN y L� 71 •. ' I m - �- 41ST.AVE: rr . X0 5 IF — — — — Waricwnrth I Irhan Ranawal Aran Rnllnriary 7750 Three Acre Lane Proposed city- initiated zone change: From Residential -Three (R -3) to Mixed Use - Commercial (MU -C) Step 13: Packet to City Council for Public Hearing ,'- City of " MUNITY DEVELOPMENT Zone Change Criteria Before a zone change is approved, the applicant will demonstrate that the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 3. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city- approved policies or plans for the area. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height. There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. What is a zone change? A zone change is the process of changing the current zone district to a different zone district. A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., residential vs. commercial). All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district. Why is a neighborhood meeting required? A 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 within 600 feet are notified of the meeting. How do I give my opinion on a zone change? All public hearings for proposed zone changes are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any written 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 planning staff. Can I contact my council representative? Public hearings for zone changes are quasi - judicial in nature. This means that the deciding body should make a decision only based on testimony presented at 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 hearings; 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 a subject property. If 20% of property owners on one side within a 100' radius file a legal protest, it requires a three - fourths vote of City Council (6 out of 8 members present) 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. Community Development Department - 303 - 235 -2846 - www.ci.wheatridge.co.us ��� �^ ," t� , � r �� �� "* �+ ,'; rir, "�,.� .. 1. .ma ,.:�.., , .. _.�, 7 � t � 11 �Y� 1 t ) �� � �� � �� �di it i "�� � it1� �l r��l:� tl� � a � ,� �� �l �� � j ti is �� � '�� �"� �� � 7 � t , "` ' � �. �yy } i � �� � � y��'�. } 1 1 . �� �1: � � 1, �� �y� 1 ,,j�1��. �'� r., � ...,#M'� 1 ?.'rSP' �1 ifr'. t�v . , i a ,..ss .. � � va���ail t . E 0 v 0 mt 0 E 0 C> CL U. 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I i � ^ r rn �� � _k. q. r l 1 R R "Tk M rn .� is .:�'�' � •_ � � r .. _- E �� 1 a. -� _ �� � ;� 17L -� fir: _ - 13 'L 41, � � � �- ,. _ �, V "Pop do f i. r4_ ?lam"' ' i �'.`y miff i CITY • WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series • 2012 TITLE: A RESOLUTION BEGINNING A CITY-INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE TO MIXED USE-COMMERCIAL WHEREAS, the corridor rezoning was intended to include all properties within the urban renewal areas along Wadsworth Boulevard; and WHEREAS, the subject property is within the Wadsworth Corridor Urban corridor; and WHEREAS, Section 26-113 of the Code requires City Council to begin the process of a city-initiated rezoning by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing and recommendation, which would be preceded by a neighborhood meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of the property located at 7750 Three Acre Lane to Mixed Use-Commercial ATTEST: rd City Council Minutes July 94 2012 Page 7 maintains the park. The property in question is a long strip of land running approximately from 5e & independence to 61 & Garrison, Resolution No. 191M — beginning a City-Initiated Rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C) Ken Johnstone explained that when the Council approved a legislative rezoning of th Wadsworth corridor this property was inadvertently omitted from the zone change process. The property owner wishes to be rezoned from Residentiaf3 to MU-C (Mix Use Commercial), I MO2p at • approve Resolution No. j§ seconded by Mr. Stites carried 7-0. Resolution No, 15 — beginning a City4nitiated Comprehensive Rezoning of Properties located on W. 38 Ave. approximately between Sheridan and Wadsworth to Mixed Use — Neighborhood City of Wheat Riidge ITEM NO: DATE: July 9, 2012 Ir REQUEST FOR CITY COUNCIL ACTION �Jr 7:3ts-1 TITLE: RESOLUTION NO. 36 -2012 - A RESOLUTION BEGINNING A CITY - INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE TO MIXED USE - COMMERCIAL (MU -C) ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING ® RESOLUTIONS QUASI- JUDICIAL: ® YES ❑ NO ommunity Wveloo uAt Dir City Manager ISSUE: In 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C). It has come to staff's attention that a parcel just west of Wadsworth at 7750 Three Acre Lane was inadvertently excluded from the zone change process. Staff has met with the property owner to explain the error, and the owner has requested that the parcel be rezoned from Residential -Three (R -3) to MU -C, as was originally intended. Approval of the enclosed resolution will formally begin a City- initiated rezoning of the subject parcel. PRIOR ACTION• City Council approved Ordinance 1496 in July 2011 to legislatively rezone the Wadsworth Corridor to Mixed Use - Commercial (Case No. WZ- 11 -03). In early 2012, staff realized the subject parcel was inadvertently left out of the rezoning area. This information was presented to City Council at a study session on June 4, 2012 at which time staff was directed to proceed with the zone change process. FINANCIAL IMPACT: The proposed rezoning is not expected to have a direct financial impact on the City. The rezoning may, however, expand development opportunities for the property, which promotes the City's economic development goals. Council Action Form July 9, 2012 Page 2 - BACKGROUND: The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea Plan (2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard. In particular, the plans call for a mixed -use town center along Wadsworth between W. 38 and W. 44 Avenues, with a variety of retail, commercial, civic, and residential uses. To this end, the City rezoned the Wadsworth corridor to Mixed Use - Commercial (MU -C) in July 2011 after a series of public meetings and hearings. The rezoning boundary was intended to include all parcels within the Wadsworth urban renewal area, consistent with a 2009 charter amendment which exempts these urban renewal properties from certain height and density caps. The parcel at 7750 Three Acre Lane was inadvertently left out of the City - initiated zone change. Staff discovered the omission when an agent contacted the City regarding development options for the property. The subject parcel is 1.15- acres, undeveloped, and zoned Residential -Three (R -3). The Wadsworth Urban Renewal Plan, originally adopted in 2001, indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file of the URA was incorrectly drawn, did not include the subject parcel, and resulted in the property not being rezoned. Staff met with the property owner to explain the error, and the owner has requested that the subject parcel be rezoned to MU -C, as was originally intended. A City- initiated rezoning of the parcel will correct the omission, increase development opportunities for the property, and fulfill the original intent of the corridor rezoning. RECOMMENDATIONS: Staff recommends approval of Resolution 36 -2012. RECOMMENDED MOTION: "I move to approve Resolution No. 36 -2012 a resolution beginning a City - initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use - Commercial (MU -C)." . "I move to postpone indefinitely Resolution No. 36 -2012 a resolution beginning a City- initiated rezoning of property located at 7750 Three Acre Lane to Mixed Use - Commercial (MU -C) for the following reason(s) " REPORT PREPARED /REVIEWED BY: Lauren Mikulak, Planner I Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 36 -2012 2. Maps of Subject Property CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 2012 TITLE: A RESOLUTION BEGINNING A CITY- INITIATED REZONING OF PROPERTY LOCATED AT 7750 THREE ACRE LANE TO MIXED USE - COMMERCIAL (MU -C) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26 -113 of the Wheat Ridge Code of Laws ( "Code ") to initiate rezoning of property; and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, the Wadsworth corridor was legislatively rezoned to Mixed -Use Commercial (MU -C) in 2011; and WHEREAS, the corridor rezoning was intended to include all properties within the urban renewal areas along Wadsworth Boulevard; and WHEREAS, the subject property is within the Wadsworth Corridor Urban Renewal Area but was inadvertently excluded from the 2011 rezoning of the Wadsworth corridor; and WHEREAS, Section 26 -113 of the Code requires City Council to begin the process of a city - initiated rezoning by adopting a resolution doing so and referring the matter to the Planning Commission for a public hearing and recommendation, which would be preceded by a neighborhood meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council hereby initiates a rezoning of the property located at 7750 Three Acre Lane to Mixed Use - Commercial (MU -C). DONE AND RESOLVED this 9 th day of July, 2012. ATTEST: Jerry DiTullio, Mayor Janelle Shaver, City Clerk Attachment 1 The map below, taken from the adopted Wadsworth Urban Renewal Plan (2001), indicates that the subject property at 7750 Three Acre Lane is indeed included in the boundary for the urban renewal area and should have been rezoned to Mixed Use - Commercial (MU -C). n/ 0 O > Q d O m ` O W < Q U 2 � � z � � F i f Attachment 2 The image below shows that at some point the boundary of the urban renewal area was incorrectly drawn into the City's mapping database, excluding the subject parcel. ' S � afYN� —` —_'rte YtN , Wat 0{tEb I _ •.•. _. •. 1 1.v' -Si llt E �l :EEN� •ti'wn -'M — — — — — — — — — — — I CI{.0 WADE WORTH CORRIDOR URBAN R Yt 4 I AREA �fz The digital file shown above was used as the boundary for the 2011 city - initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C). For that reason, the subject property was inadvertently left out and still zoned Residential -Three (R -3)— instead of MU -C —as shown in the zoning map below. ------ - - - - -� i - -- ., Pt* Sm *, _ Case No, W1205 Date Received Bf5I2012 . .„. _,..m .... ..,.„.... ... ._.,., Y Related Cases W1103 Case Planner .,. ...4.,, Mrkalalc m ..., „,..,,....,a Case Description !Rezone from R -3 to MU -C (accidentally omitted from Wadsworth Corridor he zoning) 5 .. .....,_... .J t DIM .�f�afr�lfrlrzfxliirrf . Name Name �.i Name Phone , .._ „. .Address } .,. _ city . . � Mate x zip � Name It errr „ Peam an Name Patty S Pyep ? Phone ? Address 8030 Marshall Cs Cry Arvada € State CO ;80003 ... _. . . . . , �'xxtf^tlt 15easra Name Name ww, i Phone Address , .,,.._ �.} Cry State ,.... i PlViect Address �TT5t3 street iThreeAcre l-ane City Wheat Pidge „, State 'Ct3 „ ip S4t�3? Location Description .., .....:... Pro ctName arse No tr ection istrict o ,. Parcel No, .._.: Qtr Section SW3 District No. 3923300011,S 11 w ......... .r ._ .. ..... ,_._ Pre -App Date � - Nei orhood Meets bate .....',: App No. Review Type Review Body Review Crate Disposition Comments Repo �• Public Nearing CC 719f2012 s Resolution ww Case Disposition F Disposition [date Conditions of Approval 3 s Notes i _... w ., - Status ;open Resit Ord #' ... „ Storage; , Id TO: The Mayor and City Council THROUGH: Patrick Groff; City Manager Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: June 4, 2012 SUBJECT: City-initiated rezoning of 7750 'Three Acre Lane In July 2011, City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use-Commercial (MU-C), per Case No. WZ- 11-03. It has come to staff's attention that a single parcel—located at 7750 Three Acre Lane—was inadvertently left out of the city-initiated zone change. The error was discovered when an appraiser contacted the City requesting information regarding the Wadsworth Urban Renewal Area. The subarea plan, originally adopted in 2001, indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file was incorrectly created and did not include the subject parcel. The 2011 zone change along Wadsworth Boulevard was intended to include all parcels in the urban renewal area. Because the digital URA boundary incorrectly excluded the subject lot, the zone change also inadvertently excluded the subject lot (see attached Exhibit). Staff has met with the property owner to explain the error, and the property owner has requested that the parcel be rezoned from Residential -Three (R-3) to MU-C, as was originally intended. Staff is requesting approval from Council to proceed with a legislative rezoning for the property at 7750 Three Acre Lane. 11111 A% Meeting Date: March 22, 2012 Property Owner(s): Terri Pearman Existing Corp. Plan: Mixed use town center / Neighborhood buffer Planning comments: Hisfw:y The pre-application meeting was held with the property owners after it became evident that the parcel was inadvertently left out of a 2011 city-initiated zone change that rezoned properties along the Wadsworth Corridor to Mixed Use-Commercial (MU-C). 'file error was discovered when an appraiser contacted the City requesting information regarding the Wadsworth Urban Renewal Area. A subarea plan adopted in 001 indicates that that the subject property is definitively included in the urban renewal area (URA). At some point in the last 10 years, however, a digital boundary file was incorrectly created and did not include the subject parcel (see Exhibit 1). "File 201 zone change along Wadsworth Boulevard was proposed to mirror the boundary of tile URA and it was intended that all parcels in the urban renewal area be included in the rezoning. Because the digital URA boundary incorrectly excluded the subject lot, the zone change also inadvertently excluded the subject lot (see Exhibit 2). ZonitaA' One of the notable features of being within the Wadsworth Urban Renewal Area is related to height and density restrictions. Within the City Charter is a height and density limitation that applies to the entire City of Wheat Ridge. In 2009, the citizens voted to remove these height and density limitations for priority redevelopment corridors, including for the Wadsworth Urban Renewal Area. For this change to take effect new zoning districts were required, so the City crafted and adopted new mixed use zoning districts in 201 The Mixed Use - Commercial (Iv U-C) zone district is intended for properties adjacent to major commercial corridors, and the MU-C zoning enables higher density, taller. mixed use development. The following table compares the existing and proposed standards that apply toa the subbject property. Currently. the property is in an architectural overlay (tile Traditional Overlay), and under the existing R-3 zoning new multi - fami development would be subject to the requirements of the Architectural widSite Desig!n 11anual which is available for download from the City*s website. Please note that if a single or two-family home was constructed oil the lot, the ASDM would not apply. Architectural and Sife Design AK 11qp://wwyv.ci.wheatrid -, ,e.co.Li , ',/itid�ex.as�.x?ni�d-- I � N 5 feet 0 feet I story = 10 feet 2 story = 10 feet story = 15 feet 4 story or more = 20 feet 15 feet 15 feet 15 feet 90% for mixed use 11 85% for single use I Determined by mixed use code Determ i red by Architectural an(I Sile.." �xkx I Design Minual (ASDM) W I I Allows residential and commercial Allows single-, two-, and multi- INIMM development I family residential development I Zoning anti the Keel)ing oaf Homes The MU-C zoning would not allow for the keeping of horses. Future Devehy)ment The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Wheat Ridge Water, phone: 303-424-2844 • Wheat Ridge Sanitation, phone: 303-424-7252 • Wheat Ridge Fire District #1. phone: 303-403-5900 Property owners are encouraged to contact service districts. This may help to understand any design or infrastructure, requirements and potential costs that could be associated with a future prcjject. IM Zone Change Process In order to fix our error of excluding the property at 7750 Three Acre Lane. the City is offering to rezone the property from R-3 to MU-C through a City-initiated rezoning. The City will act as the applicant. and the process will require minimal involvement on behalf of the property owner. The process for a city-initiated rezoning is similar to a private rezoning, with two additional steps. Before starting a zone change process, staff meets with City Council at a study session to explain the request. City Council then formally initiates the rezoning process by adopting a resolution at a regular meeting, This resolution states the purpose of the rezoning. After a resolution is approved, the rezoning process follows the standard zone change procedure and can take about three to four months to complete. The next step in the process is to conduct a neighborhood meeting. For this meeting, the City will notitv all property owners within a 600-foot radius of the property. Notification is via mail, and meetings are typically held at City 1-lall. The purpose of the meeting is to provide attendees information regarding the zone change process and what is being proposed (in this case, a city- initiated zone change to amend an error„ . After the neighborhood meeting is held, the City will send the request on referral to outside agencies for review (such as utility agencies and other city departments). This referral period is 15 days long and allows time for agencies to comment on the application. Because this application will not include a specific development proposal, staff anticipates very few comments at this time. Once all comments and requirements have been fulfilled, the zone change application can be scheduled for public hearing in front of planning commission. 'The planning commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to city council. Publication in the Wheat Ridge Transcript, notice to landowners within 300 feet, and posting signs on the property are required prior to the planning commission hearing, The City will coordinate the publication, will mail notices of the hearing, and will request that a sign be posted on the property. The notifications and postings must occur at least 15 days prior to the public hearing. The case manager will prepare a staff report and make a recommendation to present at the planning commission public hearing. After the staff report is presented at the hearing, the applicant and members of the audience will be allowed to give testimony regarding the application. Generally, a decision for recommendation will be made at the end of the public hearing; sometimes a case will be continued to another hearing date for further study and input. Regardless of the planning commission recommendation, the case is automatically scheduled for public hearing in front of city council. A zone change requires two readings and must be approved by ordinance by the city council. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the planning commission public hearing. A staff report with recornmendations, will be presented at the public hearing. If approved., the zone change ordinance goes into effect 15 days following the final publication of the ordinance. 0 In this case, because the City has offered to be the applicant, the property owner will only need to submit a written letter of request for the zone change. The property owner is welcome, but not required, to attend any meeting associated with the zone change. No fee will be associated with the application. The original rezoning of the Wadsworth Corridor to the Mixed Use - Commercial (MU -C) zone district became effective on August 15, 2011. The property owner may request the city- initiated rezoning of this property at any time. Barring future changes in staffing or policy, a city- initiated rezoning of the property will be an option to the applicant at any time in the future. Phone Numbers Meredith Reckert — Senior Planner 303 - 235 -2848 Sarah Showalter — Planner II 303- 235 -2849 Lauren Mikulak — Planner 1 303 - 235 -2845 Exhibit This map, taken fom the DATE Wadsworth Urban Renewal Plan, indicates that the subject property k75 0 Three Acre Lane is indeed included in the boundary for the urban renewal area. � / a \yam 0 L stn/ 2 7 CO = / NCO a w 9 %% 2 > ! f ! � I � � 7 | ! | i § & § ? T Exhibit 2 The image shows that at some point the boundary of the urban renewal area was incorrectly drawn - AP 'ADSWORTH CORRIDOR URBAN RENEWI The erroneous boundary shown above was used as the boundary for the 2011 city - initiated rezoning of the Wadsworth Corridor to Mixed Use - Commercial (MU -C). For that reason, the subject property was inadvertently left out and still zoned Residential -Three (R -3)— instead of MU -C —as shown in the Lauren Mikulak From: Sarah Showalter Sent: Friday, February 24, 2012 5:00 PM To: Annabel Montoya Cc: Lauren Mikulak Subject: GIS - Wadsworth Urban Renewal Area Hi Annabel, We noticed today that the shapefile for the Wadsworth Urban Renewal Area has one place where the boundary does not match the boundary of the actual area as shown in the adopted urban renewal plan. This is for the parcel at 7750 Three Acre Lane. Would you be able to fix the urban renewal boundary in GIS? Please let me know if you have any questions. Thanks. Parcel /boundary it dAb 4y 'PAV 416 In GIS, the Wads URA is in yellow but for some reason does not include this parcel: Ws a Sarah Showalter, AICP, LEED AP Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2849 Fax: 303 -235 -2857 www.ci.wheatridse.co.us L�HIMIRJ111 �- >ILtIiH'�4tNl � CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It 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 network to which your computer is connected. Thank you. 2 Lauren Mikulak From: Lauren Mikulak Sent: Friday, February 24, 2012 10:53 AM To: lauren@cradenver.com Subject: Wadsworth Redevelopment Plan Attachments: Wadsworth Boulevard Corridor Redevelopment Plan.PDF -------------- — --------- ......... . ­=X-.3 man._ ax City of 0 ' �Oge UNsTy DF,' OPMENT CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It 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 network to which your computer is connected. Thank you. Lauren Mikulak From: Lauren Mikulak Sent: Tuesday, February 07, 2012 5:05 PM To: 'lauren@cradenver.com' Subject: 7750 Three Acre Lane min 11 1 W square feet per dwelling unit in the case of multifamily development. For your reference, the utility distric property include: I I I IF week. Please feel free to be in touch with any further questions, City of Wh6�tl id gie III 1 0 # 111 1 . . 9 rg 1 ' 111 - 110 W I 4 network to which your computer is connected. Thank you. CURRENT RESIDENT/TENANT CURREI' 7.. 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