Loading...
HomeMy WebLinkAboutWZ-12-08CITY COUNCIL CITY OF WHEAT RIQG&C-f#L1J-MJi FINDINGS AND DECISION 1. The application was filed by Matthew Rock for approval of a zone change from Agricultural -1 (A—]) to Mixed Use-Neighborhood (MU-N) for the Subject Property. 2. The Subject Property is one parcel totaling approximately 1.1 acres in size. The Subject Property is vacant, and the purpose of the zone change request is to provide the owner with expanded options for development of the site. 3. Section 26-112 of the Wheat Ridge Code of Laws (the "Code") governs both the procedure and the standard for review of private rezoning applications. The Application to rezone the Subject Property is one such private rezoning application, 4. The Application was reviewed by the Wheat Ridge Planning Commission at a public hearing on October 18, 2012. The Planning Commission recommended denial of the application for the following reasons: a. The majority of the request does not meet the zone change criteria. b. More commercial use further destroys the integrity of the neighborhood. c. The proposed zone change does not seem to create, a buffer but rather encourages more commercial conversion. S. Proper notice as required by law has been provided; the Subject Property is within the City of Wheat Ridge; thus the Council has jurisdiction to hear and decide this case. 9. On behalf of the Applicant, Mr. Martinez testified that the proposed use of the Subject Property, if rezoned, would not be for an exclusively residential structure, but instead various commercial uses, potentially including live-work mixed-use uses. However, at the rezoning stage, no particular specific development project or proposal was being advanced. 10. The following additional persons testified during the public hearing: N • Ms. Cyndi Beckfield testified in opposition to the application stating that there are current traffic problems on 42nd Avenue now and that another commercial business on the Subject Property would make this problem worse. She testified to her belief that 42nd Avenue was neither designed nor large enough to accommodate additional traffic. Donna Mefford, property owner of 4380 Xenon Street testified that 42nd Avenue does not accommodate sufficient parking already and that there are frequently two rows of giant trucks parked along the street. • Councilmember Jay commented that she does not believe this is a good retail area and that instead it would be attractive for residential uses. • Councilmember Pond questioned whether there would be a traffic study as a part of any future site plan review. Ms. Reckert replied that this would be true. 9 Crilerzcr for review =. The planning commission and city council shall base decision in consideration of the extent to which the applicant demonstrates its following criteria have been met: ates the 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. 14. Based upon the testimony and evidence received at the January 14, 2013 public hearing, the Council makes the following findings with respect to the Applicant's compliance, or lack thereof, with the requirements of Code Section 26-112.E: • the Council agrees with the Planning Commission reasons for denial, which include: i. the majority of the request does not meet the zone change criteria; ii. more commercial use further destroys the integrity of the neighborhood; and iii. the proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. 15, The Wheat Ridge Home Rule Charter, at Section 5. 1 0, and the Wheat Ridge Code of Laws, Section 26-112.C.7, provide that in the event a legal protest is filed against a proposed change of zone, the zone change shall only be approved by the favorable vote of the entire City Council. Charter Section 5. provides that the protest must be signed by the owners of N 17. The City Council finds that each of the bases listed in Paragraph 14 for its decision herein, standing alone, are sufficient grounds for its decision. DECISION Based upon the foregoing Findings, the City Council hereby denies the Application for approval of zone change from Agriculture-I to Mixed-Use Neighborhood for property located at 12600 W. 42nd Avenue, Case No. WZ— I 2-08/Rock. APPROVED AND ADOPTED by the Wheat Ridge City Council this 018 14 day of January, N= n le S haver, haver,City Clerk lio, Mayor In Certificate of Mailing I certify that on January XI , 2013, a true and correct copy of the foregoing Findings and Decision was placed in the United States mail postage prepaid and addressed to: Matthew Rock 10600 W. 65 Arvada, CO 80004 N ITEM NO: AL DATE - -7*1 *3 REQUEST FOR CITY COUNCIL ACTION PUBLIC HEARING ED ORDINANCES FOR I ST READING (mm/dd/yyyy) BIDS/MOTIONS ED ORDINANCES FOR 2 No READING (mm/dd/yyyy) 119 � RESOLUTIONS 7 rintings anNit'lecision prepared For zoning application Case No. WZ-12— 08/Rock. PRIORACTION: Council previously denied the application for rezoning of property located at 12600 W. 42nd Avenue and instructed the City Attorney to prepare Findings and Decision for same. FINANCLAL IMPACT: None RECOMMENDATIONS: Staff recommends approval of the attached Findings and Decision. Wr#vRx#w January 28, 2013 Page 2 MOTION: "I move to approve the Findings and Decision in Case No. WZ- 12-08/R1cki I 129buo 3 1 1 . 0 1 k RTM., Pon 0 ATTACHMENTS: 1. Findings and Decision FINDINGS majority a. The of i does not ! ! More commercial use further destroys of M !!! c. The proposed ! r M" does not to create a buffer but rather encourages ! re commercial conversion. 5. Proper notice as required by law has been provided; the Subject Property is within the City of Wheat Ridge; thus the Council has jurisdiction to hear and decide this case. Attachment 1 6. On January 14, 2013, the Council conducted a public hearing on the Application. Testimony and exhibits were accepted into the record from staff, the Applicant and the public. The Applicant was represented by Tom Martinez, a real estate broker. 7. At the January 14, 2013 hearing, the City Council accepted the following exhibits into the hearing record: 9. On behalf of the Applicant, Mr. Martinez testified that the proposed use of the Subject Property, if rezoned, would not be for an exclusively residential structure, but instead various commercial uses, potentially including live-work mixed-use uses. However, at the rezoning stage, no particular specc development project or proposal was being advanced. rM MMM= go Ms. Cyndi Beckfield testified in opposition to the application stating that there are current traffic problems on 42nd Avenue now and that another commercial business on the Subject Property would make this problem worse. She testified to her belief that 42nd Avenue was neither designed nor large enough to accommodate additional traffic. Donna Mefford, property owner of 4380 Xenon Street testified that 42nd Avenue does not accommodate sufficient parking already and that there are frequently two rows of giant trucks parked along the street. Councilmember Jay commented that she does not believe this is a good retail area and that instead it would be attractive for residential uses. Councilmember Pond questioned whether there would be a traffic study as a part of any future site plan review. Ms. Reckert replied that this would be true. Councilmember Stites questioned whether the mixed-use district would offer more protection than the current A-1 district. Ms. Reckert said that architecturally yes, there would be some protection, but it would depend upon what would be proposed. 12. Mr. Martinez was permitted to give rebuttal testimony. He stated there was no access to the current Wheat Ridge Greenbelt from the Subject Property because of a 20 foot drop between the property and the Greenbelt, and the property is currently underutilized. 13. Code Section 26-112.E contains the criteria for review of rezoning applications. This section provides: Criteria revieiv. The planning commission and city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: In 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. 14. Based upon the testimony and evidence received at the January 14, 2013 public hearing, the Council makes the following findings with respect to the Applicanfs compliance, or lack thereof, with the requirements of Code Section 26-112.E: the Council agrees with the Planning Commission reasons for denial, which include: 15. The Wheat Ridge Home Rule Charter, at Section 5. 1 0, and the Wheat Ridge Code of Laws, Section 26-112.C.7, provide that in the event a legal protest is filed against a proposed change of zone, the zone change shall only be approved by the favorable vote of %of the entire Clity Council. Charter Section 5.10 provides that the protest must be signed by the owners of M 17. The City Council finds that each of the bases listed in Paragraph 14 for its decision herein, standing alone, are sufficient grounds for its decision. Based upon the foregoing Findings, the City Council hereby denies the Application for approval of zone change from Agriculture-I to Mixed-Use Neighborhood for property located at 12600 W. 42nd Avenue, Case No. WZ-12-08/Rock. APPROVED AND ADOPTED by the Wheat Ridge City Council this _ day of January, 2013 Janelle Shaver, City Clerk In Certificate of Mailing 7#7 INT, 9S m ♦ • Matdiew Rock 10600 W. • th Avenue Arvada, CO ►0004 m TITLE: MOTION TO RECONSIDER COUNCIVS DECISION ON REZONING APPLICATION i 08/ROCK RESOLUTIONS 0 PUBLIC HEARING ORDINANCES FOR I ST READING (mm/dd/yyyy) 10 BIDS/MOTIONS ORDINANCES FOR 2" READING (mm/dd/yyyy) FINANCIAL IMPACT: None 74TIM January 28, 2013 Page 2 In order to participate on this item, Councilmember Starker must, prior to the meeting, listen to the entire portion of the January 14 meeting devoted to the application, and must also have reviewed the packet materials and any exhibits entered into the record the night of the hearing. Councilmember Starker must affirmatively answer questions on the record on January 28 that he has done the above and that he believes he is capable of rendering an informed and impartial decision on the matter. While in the past, Council has voted to reconsider, then scheduled the matter for a substantive motion at a later meeting, this is not required, and is not advisable on a quasi-judicial matter, where the hearing has been closed and the parties have a right to a prompt decision. • A member can then make any motion — to deny or to approve. Suggested motions are printed below. if a motion to ApXLove is made, it must pass by 6 votes. If not, then Council proceeds to consider the findings for denial that are in the meeting packet. Motion I A: Reconsidgration: "I move to reconsider the Council's January 14, 2013 decision on Rezoning Application Case No. WZ-1 2-08/Rock." r4T0rFT7*= January 28, 2013 Page 3 Motion 2A: Approval: "I move to APPROVE Council Bill N �Lotion 2B: Denial: "I move to DENY Council Bill No. 16-2012, an ordinance approving the rezoning of property located at 12600 W. 42nd Avenue from Agricultural-One (A-1) to Mixed Use- Neighborhood (MU-N) for the following reason(s): Maw" Rolm 20��� 's - &VAN 1331"1 wo MMMEWIR # PRINT ATTACHMENTS: 1. Council Rules of Order and Procedure Excerpt- Reconsideration 2. Council Bill approving Rezoning Case WZ-12-08/Rock 3. Community Development Staff Report WZ-12-08/Rock 4. Planning Commission Minutes, dated October 18, 2012 Attachment 1 COUNCIL BILL NO. ORDINANCE NO. Series • 2012 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPER LOCATED AT 1260o W. 42ND AVENUE FRO AGRICULTURAL-ONE (A-11) TO MIXED USE-NEIGHBORHOO11 (MU-N) (CASE NO. WZ 112-081ROCK) Maj De more AKerytnuer ine mixeu u1se zoning wnicn aiiowsTorawiaer range of uses; and, WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat Ridge—and by the 1-70lKipling Coffidors Urban Renewal Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: K Section 2. Vested ProgSLt� �!: RighLs. 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. I Section 3. Safejy Clause. The City of Wheat Ridge hereby finds, determines, Attachment 2 City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. i I shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 00= &A # 0 1 VER 1 5 f# consioerauun • TIM • in the Council Chambers, 7500 West 2e Avenue, Wheat Ridge, Colorado, and that�it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading a vote of - to , this _ day of 2013. 1 SIGNED • the Mayor • this day • 2013. r. Janelle Shaver, City Clerk i St publication: November 29, 2012 2 nd publication: Wheat Ridge Transcript: Effective Date: City of � Wheat ' MUNITY DFVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: October 18, 2012 CASE NO. & NAME: WZ -12 -08 / Rock ACTION REQUESTED: Approval of a zone change from Agricultural -One (A- I) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 12600 W. 42" Avenue APPLICANT(S): Matthew Rock PROPERTY OWNER(S): Matthew & Trudy Rock APPROXIMATE AREA: 47,748 Square Feet (1.I Acres) PRESENT ZONING: Agricultural -One (A -1) PRESENT LAND USE: Vacant land COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Case No. 07- 12-08 Rock Attachment 3 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST H. EXISTING CONDITIONSIPROPERTY HISTORY Case No. WZ -12 -08 is an application by Matthew Rock requesting approval of a zone change from Agricultural -One A -1 to Mixed Use -Nei hborhood (MU -N) for property located at 12600 W. 42 Avenue The zone change is the first step in the process for approval of mixed use development on this site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The ro osed rezoning area includes one parcel the total area of which is approximately 1.1 acres Subject Property The property is located at 12600 W. 42 Avenue which is south and east of Interstate -70, just north of the Clear Creek Greenbelt. The site is located within the I- 701Kipling Corridor Urban Renewal Area. The property is currently zoned Agricultural -One (A -1), which allows for single- family dwellings and agricultural uses. The applicant purchased the property in 1998, but the site has remained undeveloped since that time. In 2003 and in 2004, the applicant met with staff to discuss the possibility of rezoning to a planned commercial development (PCD). The PCD zone change proposal did not move forward, however the property was consolidated from two lots to one in 2005 (Case No. MS- 05 -02). The resulting parcel is trapezoidal in shape. with the western property line being nearly twice the length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was relocated and now runs along the southern and eastern property lines. Currently. the subject property is undeveloped and is the only vacant parcel along this portion of W. 42 " Avenue Surrounding Zoning and Land Use The surrounding properties include a variety of land uses and zoning designations M. To the immediate south, west, and east are parcels also zoned A -1. To the east is the administration and maintenance facility for the Prospect Recreation and Park District, to the west are two single- family homes, and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across W. 42 Avenue to the north are two properties zoned Restricted Commercial (RC). These include the Jefferson County Head Start facility and a one -story office buildinf with several businesses including Grainger Supply and Radio Resource. At the intersection of W. 42" Avenue and Youngfield Street are two more commercial properties. The office and show home for Modern Log I tomes is located on a parcel zoned Neighborhood Commercial (NC), and a multi - tenant commercial building at the southeast corner is zoned Commercial -One (C -1). Case No. 11'7 -12 -08 i Rook U-N A- Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in a significant adverse effect on the surrounding area. While the new zoning would allow for medium density development on the now vacant lot, any proposed development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. Development proposals will be required to meet ston drainage and water E uality requirements in order to be approved, therefore no drainage problems are anticipated. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Prior to future development, a site plan review application will be required. This application will include a referral to all impacted utility agencies. In the event that current capacity is not adequate, the property owner/developer will be responsible for utility upgrades. Stqf ff'concludes that this criterion has been met, Cave 11 o. 02- 12-081 Rock 4 3. The Planning Commission shall also find that at least one (1) of the following conditions exists.. a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the 1­70IKipling Corridol-s Urban Renewal Plan and the City's comprehensive plan—E Wheat Ridge. Both p were adopted in 2009 and both recognize the need to improve underutilized properties th investment. Because the MU-N zoning will allow for a wider range of uses on the property, the zone change is expected to encourage investment in the site. The Structure Plan map in Envision neat Ridge illustrates the community"s vision by classifying different types of areas and corridors, It is not a parcel-based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan, W. 42 nd Avenue is shown with "neighborhood buffer" and "neighborhood" overlays. The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes on Xenon Street and the businesses on W. 42 1d Avenue and Youngfield Street. In 2001, Modem Log Homes developed the property at 4288 Youngfield Street to include an office and show home. In 2003, the one-story office building was completed at 12701 W. 42" CaseNo. 11 lRock 5 Avenue, andTn County dV - e -- v ---- eTFo — e sc ool raci MT-MMAMYSM TrIFgTHMI at 12725 W. 42 Avenue. with the character of the street. .St qf ,f concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. 1Stqffconcludes that this criterion is not applicable, All affected service agencies were contacted regarding the ability to serve the property. Any applicant for development will be responsible for providing upgrades, as needed, Referral responses in follow in regards to the zone change. Another referral process will occur in the future when a development scenario is knoun Staff concludes that the proposed zone change is consistent with the Comprehensive Plan and the 1-70lKipling Corridors Urban Renewal Plan. Staff concludes that the zone change will be compatible with the surrounding area allowing the site to serve as a neighborhood buffer. Staff further concludes Case No. JV7, 12-08 is Rock, 6 that the subject property has long been an underutilized parcel and that property development may be more likely under the mixed use zoning which allows for a wider range of uses. Staff concludes that any applicant for development under the new zoning will, through the site plan review process, be required to provide utility upgrades, as needed. Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare; the architectural controls, upper floor stepbacks, and landscaped buffer requirements of the mixed use district will ensure compatibility with surrounding land uses. Because the zone change evaluation criteria support the zone change request, staff therefore provides a recommendation of approval. Option B: "I move to recommend DENIAL of Case No. WZ- 12-08, a request for approval of a zone change from Agricultural-One to Mixed Use-Neighborhood, for property located at 12600 W. 42 "d Avenue, for the following reasons: 2. 3. .. 11 Case No. 117- 12-08 / Rock EXHIBIT 1: LEGAL DESCRIPTION & MAP mw*em i 8 ('ase.ko, 117-12-08 Rock EXHIBIT 2: AERIAL IMAGE C ast No. H Z -1 ? -08 i Rock EXHIBIT 3: SITE PHOTOS Looking west down W. 42 "" Avenue; this property was completed in 2003. Case No. N'Z -12-08 Rock the subject Looking south at the subject site; most of the mature landscaping at the bark of the site is within the adjacent Wheat Ridge Greenbelt. 1.var1%111E. - — W--'. ... — .— — 11J..... t .... t , — ....... ...— ...—_ _._— Case No. 07- 12 -08 /Rock "wlullb wuulvaat i,vuI uic wn,cr w w. +z- Hvenue ano Xenon street; the administration and maintenance facility for the Prospect Recreation and Park District is east of the subject site. �+ -- - - - -- r - -r - - V "-- --- '—"-a va "IM116 till- JIlGGI. EXHIBIT 4: ZONING MAP Cuse Nu. if Z- /2-0,S R( 12 EXHIr"I"IT EXHIBIT 6: NEIGHBORHOOD • -N City of Wbeat Ridge Municipal Building 7500 W, "* Ave. Wheat Ridge, CO 90033-SWI P:)03235.2846 F- 3011351857 Dote: March 21, 2012 City Staff' Present: Meredith Reckcrt, Senior Planner Location of met g: Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29 Avenue Wheat Ridge, CO 80033 Property location: 12600 W. 42" Avenue Property owner: Matthew R Phone. 720333 -3703 Email: s a 11 10300 W, b5' Avenue Arvada, CO Toni Martinez, owner's consultant Property O- Avers) present? Yes Existing Zoning: Agriculture — One, A -1 Comprehensive Plan Designation: Neighborhood AppUc*utls Proposal: In 2003, the applicant first proposed a zone change for the property. At that time, ... zone change • d1 have :'r• be di planned t: R 1 s+; adoption •. mixed . in 2010, the applicant is now proposing a zone change to Mixed Use-Neighborhood (MU-N) to provide a mixed tm building with ground floor offices and upper floor residences. No specific designs or site plan have yet been drawn. The applicant is proposing a development that would take advantage of the Greenbelt views and recreation opportunities and would provide around-the-clock presence on the property from residents and employees. Existing Conditions: The property is located at the southwest • of and Xenon The parcel is tentatively addressed as • is identified as PIN 39-203-06-003. property is currently zoned u !, Case No, tt'`Z- 12 -08 /Rock 14 The surrounding properties include a variety of land uses and zoning designations. To the immediate south, west, and east are properties also zoned A- I . To the west is a single-family residential home, to the cast is the Prospect Recreation and Park District administration and maintenance facility, and to th south i Cl Creek and the Wheat Ridge Greenbelt. The following issues were discussed: J ( off t What are the tax Impffeations It thc PrOPI were rezoned and developed comme Th City of lf'heat Ridge is not the taxing entit . it is Jcffcr$ CounlY. Acre should bean increase i property taxes #7t wrre dnelWd commeorctalI - The area residents wondered whether Mr. Rock would like to live next to a e0susnerc busine with the traffic, lights, noise, trash trucks, etc. The neighborhood Indicated that they are not i favor of any mort commercial land use in the am *04 would like to see the property developed with A•1 zoning. They would prtier to see a house built on the property. CaseAfo. IVZ-12-08IRoch 15 ♦ called The meeting was to order pm. in the City Council Chambers of p, Building, Ridge, 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE Planning Commission Minutes October 18, 2012 Attachment 4 Bile LIE I I It was moved by Commissioner BRINKMAN and seconded by Commissioner WEAVER to accept Commissioner GUILDNER'S recusal. The motion passed 6-1 with Commissioner MATTHEWS voting no and Commissioner GUILDER abstaining. This case was presented by Lauren Mikulak. She entered into the public record the contents of the case file, the zoning ordinance, and the dtal presentation. All notification and posting requirements have been met. There is jurisdiction to hear the case. She reviewed the staff report and the digital presentation. Staffrecommends approval of the zone change. # . # . 4 4 # h"I'VINWIL"I"C" HUM- n rosponst; Trmmm�Mf nn' pm not know if the property is in or abuts the floo#plaln. Commissioner BRINKMAN said that she has seen what looks like evidence of parking on the property. Ms. Mikulak was not aware of what was making the marks. Staff has worked with applicant to clarify no parking or storage is permitted on a property without a primary structure. Commissioner BRINKMAN asked for clarification on the location of right of way lines shown on the map. Ms. Mikulak confirmed the right-of-way line is set back from the existing edge of pavement. Curb and gutter will likely need to be constructed when the site develops. In response to Commissioner BRINKMAN's question, Ms. Mikulak responded that W. 42nd Avenue and Xenon are both classified as local streets. Planning Commission Minutes - 2 — October 18, 2012 Commissioner MATTHEWS asked developed. Ms. Mikulak replied that the Mixed Use code may either request or require undergrounding of utilities, but staff and the applicant haven't discussed this yet. Commissioner MATTHEWS commented that underground utilities would definitely rmprove the appearance of the neighborhood. Planning Commission Minutes October 18, 2012 In response to Chair TIMMS' question, Ms. Mikulak replied that no industrial uses are allowed in MU-N. VV allowed in MU-N. Ms. Mikulak replied that she is not familiar enough with the uses inside • the building to respond. If it is only offices, it would be permitted. If there is warehousing, then it would not be permitted. Commissioner BUCKNAM added that it is a wholesale-retail operation. Ms. Mikulak ----------------- I; iii car 40TJ area on me ITIF, Aocf� ruspon mut billm It IS Inalt lift mic a lea'_t CnA SUM",, FIT a school is next to it, people probably use the site as a turnaround point, or use the area for parking. He doesn't know for sure. - If —_ Commissioner BAI11 asked Mr. Roc i e inqu about tFe oo(f pfa n n fFe purchased the property in 1998. He responded that at the time of purchase they were infonned the property was above the flood plain. It is his understanding that it is 25 feet above the flood plain. Commissioner BRINKMAN asked if Mr. Rock has met any of his neighbors besides at the neighborhood meeting. Mr. Rock stated that he knows the neighbor to the north, and has had some association with the neighbor to the west. Chair TIMMS noted that the legal description is Lot I Block I of the Rock Subdivision and asked if Mr. Rock platted the property. Mr. Rock confirmed that he platted the property in 2003. Mr. Rock confirmed that previously the property was multiple lots a it was consolidated into one larger lot. I Ms. Mikulak added that one of the previous lots was not developable. There was an east/west diagonal lot line creating a small sliver on the southern portion of the lot, essentially where the ditch is now located. The two lots were consolidated to make one developable lot. Planning Commission Minutes -4— October 1 8, 2012 Commissioner BRINKMAN asked Mrnw 1 .)A-444j if property. She replied that she did have, but does not now. In response tognother question from Commissioner BRINKMAN, she doesn't remember if it is the Slater & Moody ditch. Planning Commission Minutes October 18, 2012 .5— were generated because there is no specific use or site plan proposed at this time to comment on. ImI011 a I'lie Commissions will HIdry d I - Cwtu"'UtluutIvIl 1111 R4 1112 "Ed Council will ultimately decide. The case is scheduled for the City Council meeting on January 14, 2013. li'll all i 1 11 1 11 41 1" 1 1 1 # 1 1 11 0.11111 Planning Commission Minutes - 6 — October 1 8, 2012 Commissioner # ## # :# are appropriate for # lot. Commissioner BUCKNAM stated that agrees with the applicant and staff in Commissioner It was moved by Commissioner WEAVER and seconded by BRINKMAN to recommend dental of Case No. WZ-12-08, a request for approval of o.. change from Agricultural-One to ^.# Neighborhood, for property located at 12600 a Avenue, for the following reasons: Planning Commission Minutes .7— October 18, 2012 1. The majority of the request does not meet the zone change criteria. 2. More commercial use further destroys the integrity of the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. Motion passed 6-1, with Chair TIMMS voting no and Commissioner GUILDNER recusing herself. L!• maayqn= I 90MM Nit • Ms. Mikulak reported that Kim Waggoner has accepted the position of Administrative Assistant to replace Kathy Field who transferred to Public Works in September. She will be starting work on Monday, October 22, 2012. Commissioner OHM commented on the success of Ridge at 38 event. It was a very positive event for Wheat Ridge, Commissioner BRINKMAN thanked the staff and city for Boards and Commission dinner on October 17"'. There were no other items to come before the Commission. The next Planning Commission meeting is scheduled for November 1, 2012. It was moved by Commissioner BRINKMAN and seconded by Commissioner OHM to adjourn the meeting at 8:48 pm. Motion carried 8-0. Steve Timms, Chair Deborah Baker, Recording Secretary Planning Commission Minutes October 18, 2012 MS MUM s M MM N,eRr� I ienial. Staff recommends approval. R f'• • ! s. • ! • .. M M • has gone against them. — She referenced the narrow street and doesn't think it can handle further commercial uses. She also referenced the Planning Commission members comin out and listenin • -U.� ,g to C thRm_?,& V?,.JA tfksc neighborhood. voting no. gyp =117-1 voted no. Mr. Dahl confirmed that due to the legal protest 6 votes of the Council are required for passage. Motion by Mr. Reinhart to have Mr. Dahl write findings. Seconded by Mim Langworthy; carried 7-0. - Ic hearing. The application wasn't approved and that decision has been made. The next action will only be the acceptance • the findings. b4 It j ' j t � 3-Y �q Mf P UBLIC HE O REA DING B IDS/MOTIONS O # READ • t ■ R QU ASI-JUDICIAL : ,i/► YES Community development Director Case No= WZ- 12 ®081Rock Council Action Form January 14, 2013 Page 2 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. There were six members of the public who spoke in opposition to the request. Complaints wer'l It has been suggested in different venues, including the neighborhood meeting, that it would be preferable for the property owner to maintain the existing A- I zoning and build a new single family residence. Staff questions whether this would be a desirable location for a new home given the mix of land uses and return on investment for the owner. YTIUMMMOTT7 ano, mt - 71 TI'MMI attached for addonal background information. FINANCIAL IMPACT: Fees in the amount of $1,175 were collected for the review and processing of Case No. WZ- 12-08. If the proposed rezoning is approved and results in development, there could be an advancement of the City"s goals for economic development and the creation of a diverse and resent tax base. BACKGROUND: The subject parcel is located at 12600 W. 42 Avenue, at the southwest comer of W. 42nd Avenue and Xenon Street; it is south and east of Interstate-70 and immediately north of the Clear Creek Greenbelt. Surrounding Land Uses 7 1 -1 fae-MN-01M.411 uses 7-vo? z*nixg designations. To the west is a single-family residential home, to the east is the Prospect ntenance facilit2l* and to the south are Clear Creek and the Wheat Ridge Greenbelt. All three are zoned A-1. 04rowrow January 14, 2013 Page 3 The application has been through the standard referTal 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 DENY Council Bill No. 26- locate at 12 W. 42 Avenue frm Agricultural-One (A-1) to Mixe Use-Neighrh a==7n d 600 o d bo ood for the following reason(s): 1. The majority of the request does not meet the zone change criteria, 2. More commercial use further destroys the integrity • the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. a "I move to APPROVE Council Bill No. 26-2012, an ordinance approving the rezoning of property located at 12600 W. 42 d Avenue from Agricultural-One (A-1) to Mixed Use- Neighborhood (MU-N) for the following reason(s): W-MMWOU"71, January 14, 2013 Page 4 ATTACHMENTS: 1. Council Bill No. 26-2012 2. PC Staff report with exhibits 3. PC minutes dated October 18, 2012 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DeM011 COUNCIL BILL NO. 26 ORDINANCE NO. Series of 2012 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12600 W. 42ND AVENUE FROM AGRICULTURAL-ONE (A-1) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 12-081ROCK) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes srocedures for fte Ci X 't lz'u WHEREAS, Matthew Rock has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 12•00 W. 42 Avenue; and, or-M 1=1 tile - and, WHEREAS, the proposed zone change is supported by the Citys Comprehensive Plan—Envision Wheat Ridge—and by the 1-701Kipfing Corridors Urban Renewal Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 2. Vested Pro,;Ajj,l,� RIqhj§. 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 • Wheat Ridge. Attachment 1 City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. M t9x!MLMM" ! Le-M. LEE=!! W W W 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 26 day of November, 2012, ordered it published with Public Hearing and consideration on final passage set for Monday, January 14, 2013 at 7:00 o'clock p. in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. I READ, ADOPTED AND ORDERED PUBLISHED on second and final reading t-fl a vote of to , this _ day of 2013, 1 SIGNED by the Mayor on this day of , 20 f1j RMMOII 1RONTIMME Lemal OF Iran "T71 i St publication: November 29, 2012 2 nd publication* Wheat Ridge Transcript: Effective Date: City of � eat e ' UNITY DEVELOPMEN9 CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: October 18. 2012 CASE NO. & NAME: WZ -12 -08 / Rock ACTION REQUESTED: Approval of a zone change from Agricultural -One (A -1) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 12600 W. 42 Avenue APPLICANT(S): PROPERTY OWNER(S) APPROXIMATE AREA: Matthew Rock Matthew & Trudy Rock 47,748 Square Feet (I. I Acres) PRESENT ZONING: Agricultural -One (A - I ) PRESENT LAND USE: Vacant land COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE C'use No. JVZ -12 -08 /Rock Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Il. EXISTING CONDITIONS/PROPERTY HISTORY Case No. WZ -12 -08 is an application by Matthew Rock requesting approval of a zone change from Agricultural -One A -1 to Mixed Use -Nei hborhood (MU -N) for property located at 12600 W. 42 Avenue The zone change is the first step in the process for approval of mixed use development on this site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The proposed rezoning area includes one parcel the total area of which is approximately 1.1 acres Subject Property The property is located at 12600 W. 42 Avenue which is south and east of Interstate -70, just north of the Clear Creek Greenbelt. The site is located within the I- 70 /Kipling Corridor Urban Renewal Area. The property is currently zoned Agricultural -One (A -1), which allows for single- family dwellings and agricultural uses. The applicant purchased the property in 1998. but the site has remained undeveloped since that time. In 2003 and in 2004, the applicant met with staff to discuss the possibility of rezoning to a planned commercial development (PCD). The PCD zone change proposal did not move forward, however the property was consolidated from two lots to one in 2005 (Case No. MS- 05 -02). The resulting parcel is trapezoidal in shape. with the western property line being nearly twice the length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was relocated and now runs along the southern and eastern property lines. Currently. the sub'ect ro rty is undeveloped and is the only vacant parcel along this portion of W. 42 " Avenue M. Surrounding Zoning and Land Use The surrounding properties include a variety of land uses and zoning designations M. To the immediate south, west, and east are parcels also zoned A -1. To the east is the administration and maintenance facility for the Prospect Recreation and Park District, to the west are two single - family homes, and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across W. 42 Avenue to the north are two properties zoned Restricted Commercial (RC). These include the Jefferson County Head Start facility and a one -story office buildinf with several businesses including Grainger Supply and Radio Resource. At the intersection of W. 42" Avenue and Youngfield Street are two more commercial properties. The office and show home for Modern Log Homes is located on a parcel zoned Neighborhood Commercial (NC), and a multi -tenant commercial building at the southeast corner is zoned Commercial -One (C -1). C'use No. H'7- -12 -08 / Rock t_"� �a� Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met- 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in a significant adverse effect on the surrounding area. While the new zoning would allow for medium density development on the now vacant lot, any proposed development will require site plan review through which traffic impacts, drainage, and buffening will be analyzed. Development proposals will be required to meet stonriwater drainage and water quality requirements in order to be approved, therefore no drainage problems are anticipated. ,'staff ff concludes that this criterion has been inet. 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, the property o , ,Nner/developer will be responsible for utility upgrades. 51,qff'concludes that this criterion has been met. Case Alo. J17- 12-08 / Rock 4 3. The Planning Commission shall also rind that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the 1-70IKipling Corridors Urban Renewal Plan and the City's comprehensive plan—Envision Wheat Ridge. Both plans were adopted in 2009 and to recognize the need to improve underutilized properties through investment. Because the MU-N zoning will allow for a wider range of uses on the property, the zone change is expected to encourage investment in the site. The Structure Plan map in Eni4sion Wheat Ridge illustrates the community's vision by classifying dillerent types of areas and corridors, It is not a parcel-based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan, W, 42" Avenue is shown with "neighborhood buffer" and "'neighborhood" overlays. The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes on Xenon Street and the businesses on W. 42" Avenue and Youngfield Street. Staff has not found any evidence of an error with the current Agricultural-One (A-1) zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Case A'o. JVZ- 12-081 Rock 5 Avenue. and in 2008, Jeffierson County developed the school facility for its Head Start program at 12725 W. 42"' Avenue. tiff - finsis '67wfm t - V1 with the character of the street. Stqf I f concludes that this criterion has been met, d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. I! I I � I I I I I li I I II I I l i I I I 1 1111 I I I I III I I I I III I II I jjl� I I I� am= ,51qff concludes that this criterion is not applicable, neighborhood input meeting in accordance with the requirements of section 26 for development will be responsible for providing upgrades, as needed. Referral responses in follow regards to the zone change. Another referral process will occur in the future when a development scenario is known. Arvada Fire Protection District: No concerns. CaseAla JVZ-12-08 I Rock 6 that the subject property has long been an underutilized parcel and that property development may be more likely under the mixed use zoning which allows for a wider range of uses. Staff concludes that any applicant for development under the new zoning will, through the site plan review process, be required to provide utility upgrades, as needed. Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare; the architectural controls, upper floor stepbacks, and landscaped buffer requirements of the mixed use district will ensure compatibility with surrounding land uses. Because the zone change evaluation criteria support the zone change request, staff therefore provides a recommendation of approval. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ- 12 -08, a request for approval of a zone change from Agricultural -One to Mixed Use - Neighborhood, for property located at 12600 W. 42 Avenue, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the 1- 701Kipling Corridor Urban Renewal Plan. 2. The proposed zone change is compatible with the surrounding area. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized, and a zone change may increase the likelihood of the site developing and serving as a transitional site between existing commercial and residential uses." Option B• "I move to recommend DENIAL of Case No. WZ- 12 -08, a request for approval of a zone change from Agricultural -One to Mixed Use - Neighborhood. for property located at 12600 W. 42 Avenue, for the following reasons: 1. 2. 3. Casa n'o. HZ- 12-08 / Rock EXHIBIT 1: LEGAL DESCRIPTION & MAP Legal Description The area proposed to be rezoned is legally described as: LOT 1. 131.00K 1. ROCK SUBDIVISION FILING NO. 1. CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON. STATE OF COLORADO. Also known by street and number as 12600 W. 42 rd Avenue. Wheat Ridge. CO 80033: as depicted in the map bolo» . 0.22, 04225 04250 04250 042 04221 00 04219 6 04 210 W 2 X 04200 04288 12725 '�' o41sa 42ND AVE 12710 72710 12600 72700 04181 12750 12700 0{201 04201 Cuee No. 117-11 -08 Rock 8 EXHIBIT 2: AERIAL IMAGE t wee No. 117 -12 -08 % Rock EXHIBIT 3: SITE PHOTOS property was completed in 2003. Case AV 11 Z -124M Rork Looking south at the subject site: most of the mature landscaping at the back of the site is within the adjacent Wheat Ridge Greenbelt. i.00mng west uti "'. 4 H-venue: the sunlect property is on the souin sloe of the street. t.00>ltng Hest uown W. 4L. :XVenut:: finis mum- tenant ontce ounutng across me street ►rota tnc sunjeet i .� �•�•. �' , .r. '� � f ��� �. EXHIBIT 4: ZONING MAP Cost-Na H Z- 11 -OX Ruck 12 EXHIBIT EXHIBIT 6.- NEIGHBORHOOD MEETING NOTES City of Whm Ri4rmunicipal 604ing 750owwmc *A1tW1tWgtX0 IM33-8001 P:303235.2846 F-30311$.2857 NEIGHBORHOOD MEETING NOTES City Staff Present; Locatim of weeting: Property lineation: • Existing Zoning: Meredith Rackert, Senior Planner Second Floor Conference Room 7500 W. 2e Avenue Wheat Ridge, CO 80033 Matthew Rock Phone: 720-333-3703 Email: L-C 3ng6ma1 am K=T-0L%*jL-j QC21 Tom Martinez, owner's consultant go Agriculture — One, A- I Members of the public present: 'Mere were seven am residents and/or property owners in attendance, A written response was submitted from David and Joan Amdahl, 4235 Vivian Street, who could not be in otendance. See attached sign- up sheet. Applicant's Proposal: In 2003, the applicant first proposed a zone change for the property. At that tin'l any zone change would have required a planned development. With the adoption of mixed use zone distri in 2010, the applicant is now proposing a zone change to Mixed Use-Neighborhood (MU-N) to provide a mixed use building with ground floor offices and upper floor residences. No specific designs or site plan have yet been drawn. The applicant is proposing a development that would take advantage of the Cireenbelt views and recreation opportunities and would provide around-the-clock presence on the property ftorn residents and employees. Existing Conditions: The property is located at the soulliwestoorner of W. 42" Avenue and Xenon Street. The pa=1 is tentatively addressed as 12600 W. 42 Avenue, and is identified as PIN 39-203-06-001 The property is currently zoned Agriculture-One (A- 1). Case No. 13'7 =1? -08 / Rock 14 OWN 4 ! • R. `. Acr oss to the north properties r «f. Neighborhood Commercial and Regricted Commercial (RC). 7bese include businesses such as Grainger Supply and Radio Source, as well as the Jefferson County Head Stwt facility. At the corner of W. 4j� Avenue &rW Youngfickl, just two IM to the The are* res idents wondered whethe Mr. Rock would like to live next to a commercial business with the traffic, llghts, noise, trash trucks, etc. The neighborhood indicated that they are not in favor of any mo commercial land use in the a and would like to see the pro ; developed with A~ - 1 zoning. They would prefer to see a house built on the property. C ase Tva IVZ - 08 I Rock M 1. CALL THE MEETING TO ORDER called The meeting was to order by 1 p.m. in the City Council Chambers of the Municipal Building, 7500 West 19 t h Avenue, Wheat Ridge, Colorado. 2. ROLL MEMBERS 9 0 PLEDGE OF ALLEGI t NCE Planning Commission Minutes October 18, 2012 Attachment 3 . - A. !QgLe No. A2-12_-08: An application filed by Matthew Rock for approval of a zone change from Agricultural-One4( 4) to Mixed Use-Neighborhood {MU•N) for property located at 12600 W. 42 Avenue. I* . • # 1 1 1 . .• . . It was moved by Commissioner BRINKMAN and seconded by Commissioner WEAVER to accept Commissioner GUILDNER'S recusal. The motion passed 6-1 with Commissioner MATTHEWS voting no and Commissioner GUILDER abstaining. This case was presented by Lauren Mikulak, She entered into the public record the contents of the case file, the zoning ordinance, and the digital presentation. All notification and posting requirements have been met, There is jurisdiction to hear the case, She reviewed the staff report and the digital presentation. Staff recommends approval • the zone change. Commissioner BRINKMAN said that she has seen what looks like evidence of parking on the property. Ms. Mikulak was not aware of what was making the marks. Staff has Or-sttwq" perrfr&af 01 - ra Y, -WIftvat «• structure. Commissioner BRINKMAN asked for clarification on the location of right of way Ii n,J shown • the map. Ms. Mikulak confirmed the right-of-way line is set back from the existing edge of pavement. Curb and gutter will likely need to be constructed when t site develops, W. 42nd Avenue and Xenon are both classified as local streets. Planning Commission Minutes -2— October 18, 20112 oner lt TA'EIT i utift undergrounded if this property developed. Ms. Mikulak replied that the Mixed Use code may either request or requi undergrounding of utilities, but staff and the applicant haven't discussed this yet. Commissioner MATTHEWS commented that underground utilities would definitely improve the appearance of the neighborhood. # if 11 $ * 4 , I . # # * IW 4, 1 4 116161 - 0 • # # 161166 Commissioner MATTHEWS asked if the property is exempt from charter height restrictions because it is in an Urban Renewal Area. Ms. Mikulak explained that the ti 3*n&XgIow �Aq 0#0*4� lip o8x ti limits are hard caps. 4 --Wg- F-Mi - I Ms. Mikulak's presentation. Ms. Mikulak replied that there are four mixed use zone districts and they get progressively more pennissive. The Mixed Use-Neighborhood zone district has the least amount of permitted uses. Ms. Mikulak read from the permitted use chart. Planning Commission Minutes -3- October 1 8, 2012 In response to Chair TIMMS' question, Ms. Mikulak replied that no industrial uses are ellowed in MU-N. 11401 04-710.41 1! .2 ulk fal wasis Ito I Im a *12 elk I I #I I FFMM a school is next to it, people probably use the site as a turnaround point, or use the area for parking. He doesn't know for sure. purchased the property in 1998. He responded that at the time of purchase they were informed the property was above the flood plain. It is his understanding that it is 25 feet above the flood plain. tur, Tionfl, UnT has had some association with the neighbor to the west, Chair TIMMS noted that the legal description is Lot I Block 1 of the Rock Subdivision, and asked if Mr. Rock platted the property. Mr. Rock confirmed that he platted the property in 2003. Mr. Rock confirmed that previously the property was multiple lots an4l it was consolidated into one larger lot. Ms. Mikulak added that one of the previous lots was not developable. There was an east/west diagonal lot line creating a small sliver on the southern portion of the lot, essentially where the ditch is now located. The two lots were consolidated to make o developable lot. I N M# W To ffm LT - m E Planning Commission Minutes -4— October 18, 2012 Commissioner BRNIKMAN asked Mr. Boom if he knows how much traffic Grainger Express has brought into the neighborhood. Mr. Boom thinks it has brought in I considerable traffic, but since he is not home during the day he can't be sure. The scho also brings in a lot of traffic. i asked for Planning Commission Minutes October 18, 2012 WWI is mituffl-Rumorgi WN111,11 were generated because there is no specific use or site plan proposed at this time to comment on. �#�, . MUM WIM IF Council will ultimately decide. The case is scheduled for the 6ity Council meeting on January 14, 2013. MARION fit KIN RW4-awll M Planning Commission Minutes -6— October 1 8, 2012 1 0 1 4 ' P"I- NimnM7-Aill standards and placement of parking. Parking in MU-N should be next to or behind the building and not between the building and the street. Sandy Cusack 15901 South Westminister Road, Oklahoma City, OK Ms. Cusack identified herself as the daughter of LaVonne Beckfeld. She stated that wow I # r! 1 aw. I # I L41 0 J I I I 1 011 ff Im 11 610 11 rA I 1 -161 US I EQ4 I I I I I ld fiat f De More appropriate than a mixed use zoning. He is concerned about introducing too much commercial or retail development into an area that may be better suited for purely residential. lipil #List LIU n 1.121 "Zor-X4 dKel t 1#1' M Commissioner OHM observed that everyone from the public who spoke mentioned rtig clikell" Commissioner BRINKMAN thanked the neighborhood for coming to the meeting and encourra - them to continue to come to the meetings-, change will be beneficial to the nei • . i• •i# il "14 vote no. are appropriate for the subject lot. I a ; !1111 1 411111 ii�' 1 1 11 iii �iii 1, 111 ,11 11pir i''M jig Luc wtu, Ulu rit: uJims 1110re approp"ale oevelopm would be residential in nature. It was moved by Commissioner WEAVER and seconded by Commissioner BRINKMAN to recommend denial of Case No. WZ-12-08, a request for approval of a zone change from Agricultural-One to Mixed-Use Neighborhood, for property located at 12600 W. 42 d Avenue, for the following reasons: Planning Commission Minutes .7- October 18, 2012 1. The majority of the request does not meet the zone change, criteria. 2. More commercial use further destroys the integrity of the neighborhood. 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. Motion passed 6-1, with Chair TIMMS voting no and Commissioner GUILDNER recusing herself. Ms. Mikulak reported that Kim Waggoner has accepted the position of Administrative Assistant to replace Kathy Field who transferred to Public Works in September, She will be starting work on Monday, October 22, 2012. • Commissioner OHM commented on the success of Ridge at 38 th event. It was a very positive event for Wheat Ridge. Commissioner BRINKMAN thanked the staff and city for Boards and Commission dinner on October There were no other items to come before the Commission, The next Planning Commission meeting is scheduled for November 1, 2012. 0�13 It was moved by Commissioner BRINK MAN and seconded by Commissioner OHM to adjourn the meeting at 8:48 p.m. Motion carried 8 Steve Timms, Chair Deborah Baker, Recording Secretary Planning Commission Minutes .8— October 1 8, 2012 POSTING CERTIFICATION CASE NO. 2--1 - D 9 • PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: -7 -n v.O-c ( Z<::> j'-3 m (name) residing at �3c-�� W • � �: R i (address) as the applicant for Case No. W 1 - -12- - a f , hereby certify that I have posted the Notice of Public Hearing at z, ( w` 4 2, -, d A (location) on this y7 ,R r Aday of Pe-,,f-,Sy0,b<ay— , 20 i Z , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. { PUBLIC HEARING POSTING REQUIREMENTS \L 0 R AWi Applicants are required to post a NOTICE OF PUBLIC BEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Department of Planning and Development. One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a miaimum of thirty (30) inches from ground. ■ . The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. OF WNfq T ti p e:1planning1fonnslposting l • zm��� mm-7mm Ken Johnstone, AICP City of Wbeat COMML)NOW OrvaommT Both of these streets are narrow and we and our neighbors have had to put up stakes so the people frort�, Wead Start do rfot narLoa our tyra-q-q 4,r t1rov vzA- sgr, t%�,a etrftg �vg off flat# - Fo &TOM WIT4 IDWLOY a MCI 17 AII-FaR We are askin C-4 the ON to as Mr. Rock has to sell his propertV. He does not live down here and has made it clear he does not want nor intend to live in this nei hborhood, mffi, 1*zKI---PC"tP �-,Vj Property appraisal system • GENERAL INFORMATION Schedule: 043807 Parcel ID: 39-203-00-017 Print Hg112 Status: Active Property Type: Residential Property Address: 12700 W 42ND AVE WHEAT RIDGE CO 80033 2440 Mailing Address: SAME ADDRESS AS PROPERTY M2120190= Land Charac lRetail . !!J PROPERTY DESCRIPTION 04 Property Type RESID Year Built: 1943 Adjusted Year Built; 1943 Design: Ranch Improvement Number' 11tern JQual1tylNo.l JAreas lQualitylConstruction Sci IFIRST FLOO _qLow IM 1 72 TAX INFORMATION ��ID ed Type I nn R�mm Warranty Deed - Joint Tenancy—_____", =910360%ej = TAX INFORMATION ��ID ed Type Warranty Deed - Joint Tenancy—_____", STERN M## Warranty Deed - Joint Tenancy t e ' rtift - cate TAX INFORMATION • 22 11, 111"1 N �wg fl. 1= N3 1ARVADA FIRE DIST, wil- I 7RurrDALE SAN. DIST. MEMO littp:/�ieffco.us/ats/displaygeneral.do?sch=043807&offset:=8 1/11/2013 Lf �i 11MMIN Mvmw Ill; • 22 11, 111"1 N �wg fl. 1= N3 1ARVADA FIRE DIST, wil- I 7RurrDALE SAN. DIST. MEMO littp:/�ieffco.us/ats/displaygeneral.do?sch=043807&offset:=8 1/11/2013 Lf rl Both of these streets are narrow and we and our neighbors have had to put up stakes so the people XI r properties to get by. When I asked a lady not to park on my grass I was told I am a racist. Really?l Wnar jw as Mr. Rock has to sell his property. He does not live down here and has made it clear he does not wam 7 Property appraisal system Page I of I GENERAL INFORMATION Schedule: 043807 Parcel ID: 39-203-00-017 Status: Active Property Type: Residential Property Address: 12700 W 42ND AVE WHEAT RIDGE CO 80033 2440 Mailing Address: SAME ADDRESS AS PROPERTY III 111M 1131111"IMM"On-, It PROPERTY DESCRIPTION Subdivision Name: JAssessor Parcel maps Associated with a chedul� k=QL-2 ,Q�df MA29uest - Location PROPERTY INVENTORY Property Type RESID Year Built: 1943 Adjusted Year Built: 1943 land Character Retail 9 TAX INFORMATION �Deed Type M�����=Warrant x Deed - Joint Tenancy V411 tip 1111SEecial . .... ...... Warra, nty Deed - Joint Tenancy ���!Death Certificate TAX INFORMATION Treasurer - Information Mill Levy Detail For Year Mill Levv Information 'WHEAT RIDGE # riii REGIONAL TRANSPORTATION DIST. http://jeffco.us/ats/`d`"`isplaygeneral.do?sch=043807&offset=8 1/11/2013 �i NMI" Treasurer - Information Mill Levy Detail For Year Mill Levv Information 'WHEAT RIDGE # riii REGIONAL TRANSPORTATION DIST. http://jeffco.us/ats/`d`"`isplaygeneral.do?sch=043807&offset=8 1/11/2013 c. Resolution §7_-2012 — approving the restatement and Amendment of the City of Wheat Ridge Money Purchase Pension Plan for designated Police Department Employees for the purpose of Clarifying the plan definition of "Earnings" This restatement and amendment is necessary to bring the Police Pension Plan into compliance with IRS regulations. d. Motion to accept 38th Ave. and Harlan Street Rights-of-Way from 4.0 2006, LLC The northeast corner of 38 & Harlan is proposed to be redeveloped to a new 7-Eleven store and the sidewalks and streetscaping will need to be modified to the current streetscape standards. The owner is willing to dedicate the current areas used for sidewalks and streetscape easements to minimize legal encumbrances on the right-of way. e. Resolution No. §5-2012 — Amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget appropriation in the total amount of $33,559.41 for the renewal of the 2013 Support Agreement the WRTV8 Granicus Video Streaming Service and the Emergency NewTek Tricaster Software and Hardware Purchase I U5=7177� 11 1 _1 R - I , T oy rt7j De Mott; carried 8-0. Council Bill No. 26-2012 — An Ordinance approving the Rezoning of property located at 12600 W. 42 Ave. from Agricultural-One (A-1) to Mixed Use- Neighborhood (MU-N) (Case No. WZ-12-08/ROCK) This vacant parcel is located at the southwest corner of W. 42 Avenue and Xenon Street — south and east of Interstate-70 and immediately north of the Clear Creek Greenbelt. The owner doesn't have any specific plans for redevelopment at this time, but rezoning to MU-N will expand the development options. Any proposed development will go through an administrative site plan review. # -#TOM City Council Minutes November 26, 2012 Page 4 for Monday, January 14, 2013 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Langworthy; carried 8-0. Council Bill No. 27-?QIZ — An Ordinance approving the Rezoning of Property located at 3775 Benton St. from Planned Residential Development (PRD) to the Mixed Use-Neighborhood (MU-N) Zone District (Case NO, WZ-12-09). Item #3 was introduced by Mr. Starker, The current owner purchased this vacant parcel in summer 2012. This was after the boundary lines were drawn for the MU-N corridor rezoning, Zoned as PRD this vacant parcel can only include single-family residential. Rezoning to MU-N will provide more flexibility for development and allow for increased density. # I A 'EMEM gon by ffirs. Jay to approve Council Bill No. 28-2012, an ordinance approving the vacation of sidewalk and streetscape easements adjacent to 5995 West 38 Avenue, on first reading, order it published, public hearing set for Monday, December 10, 2012 at 7 - 00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded 4 0 Reinhart - carried 8-0. 5. Resolution No. 53-2012 — Adopting the City Budget and Appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2013 Budget Year, 3320= Valk Community Devj Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agn (A-1) to Mixed Use- Neighborhood (MU-N) for property located at 12600 W. 42" Aven�ue. The proposed rezoning area includes one parcel, the total size of which is approximately 1. 1 acres aij thj:t g_gg,_ Council Action Form November 26, 2012 Page 2 FINANCIAL IMPACT: Fees in the amount of $1,175 were collected for the review and processing of Case No. WZ- 12-08. If the proposed rezoning is approved and results in development, there could • an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROMk: The subject parcel is located at 12600 W. 42" Avenue, at the southwest comer of W. 42nd Avenue and Xenon Street; it is south and east of Interstate-70 and immediately north of the Clear Creek Greenbelt. November 26, 2012 Page 3 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. 26-2012 an ordinance approving the rezoning of property located at 12600 W. 42 nd Avenue from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, January 14, 2013 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I J447(sto MUM TITLE: AN ORDINANCE APPROVING .© REZONING OF P ROPER LOCATED AT 12600 W. 42ND AVENUE FRO ICULTU AGRRAL -ONE (A-1 IXED 1) TO M USE-NEIGHBORHOO (MU-N) (CASE NO. WZ 112-081ROCK) )I WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat Ridge—and by the 1­701Kipfing Coffid'ors Urban Renewal Plan. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 2. Vested Pro22!jj,. Rights. Approval of this zone change does not create a vested property righ° . -,p, #© rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws , :. :e City of Wheat Ridge. - mom F.11- health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. UMMINZ LIZ= aul V shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section S. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to — on ihis 26 day of November, 2012, ordered it published with Public Hearing and at 7:00 o'clock S.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 , 2 vote of to this it of 2013. SIGNED • the Mayor on this day of , 201 Jerry DiTullio, Mayor NMWIME��� Gerald Dahl, City Attorney I St publication: 2 nd publication: Wheat Ridge Transcript: Effective Date: I I 1001 ttallaRNE PRINCHNS 17 1 NSA , �T er GUILDER abstaining. Commissioner GUILDNER lelithe Council Chambers following the vote, This case was presented by Lauren Mikulak, She entered into the public record the contents of the case file, the zoning ordinance, and the digital presentation. All notification and posting requirements have been met. There isjurisdiction to hear the case, She reviewed the staff report »4« «£». presentation, ««< :e approval of the zone change. In response to Commissioner BRINKMAN's question, Ms. Mikulak replied that she does not know if the property is in or abuts the floodplain. Commissioner BRINKMAN said that she has seen what looks like evidence of parking on the property. Ms. Mikulak was not aware of what was making the marks, Staff has d« »x I on on the locatio "to — way 11 e shown on the map. Ms. Mikulak confirmed the rigbt-of-way line is set back from t-h I existing edge of pavement, Curb and guter t wll i likely need « «w2: ottd »y« 2 « site develops. Planning Commission Minutes October 18, 2012 peny ly developed. Ms, Mikulak replied that the Mixed Use code may either request or require undergrounding of utilities, but staff and the applicant haven't discussed this yet. Commissioner MATTHEWS commented that underground utilities would definitely improve the appearance of the neighborhood. BRIM limits are hard, s. TWO! In response to Chair TIMMS' question, Ms. Mikulak said there is no minimum lot size in MU-N. Potentially, the applicant could subdivide this lot as long as they meet other setback and parking requirements, but subdividing has not been discussed. Ms. Mikulak's presentation. Ms. Mikulak replied that there are fourmixed use zone, districts and they get progressively more permissive, The Mixed Use-Neighborhood zone district has the least amount of permitted uses. Ms. Mikulak- read from the permitted use chart. Planning Commission Minutes 3- October 18, 2012 In response to Chair 'I S' question, It Mikulak replied that no industrial uses are allowed in MU-N. .12119E ly�sa )jjca a school is next to it, people probably use the site as a turnaround point, or use the, area for parking. He doesn't know for sure, Commissioner BRINKMAN asked Mr. Rock if he inquired about the flood plain when be, purchased the property in 1998. He responded that at the time of purchase they were informed the propertywas above the flood plain. It is his understanding that it is 25 feet, above the flood plain. has had some association with the neighbor to the west. Chair TIMMS noted that the legal description is Lot I Block I of the Rock Subdivision, and asked if Mr. Rock platted the property. Mr. Rock confirmed that he platted the property in 2003. Mr. Rock confirmed that previously the property was multiple lots and it was consolidated into one larger lot. Ms. Mikulak added that one of the previous lots was not developable. There was an east/west diagonal lot line creating a small sliver on the southern portion of tile lot, essentially where the ditch is now located. The two lots were consolidated tomake o developable lot. I Chair TI opened the public hearing. Planning Commission Minutes -4— October 1 8, 2012 Commissioner BRINIKMAN asked Mr. Boom if he knows how much traffic Grainger Express has brought into the neighborhood, Mr, Boom thinks it has brought in considerable traffic, but since he is not home during the day be can't be sure. The school also brings in a lot of traffic. asked for it neignournoo* nas Commissioner BRINKMAN asked Mrs. Beckleld if there is a ditch running through that property. She replied that she did have, but does not now. In response to another question from Commissioner BRINKMAN, she doesn't remember if it is the Slater & Moody ditch. Planning Commission Minutes October 18, 2012 Chair TIMMS asked if the Commissioners have any follow up questions. 1111 W I - were generated because there is no specific use or site plan proposed at this time to comment on. WWWWW- am Wall= wwATUR(Kc H T"Vilujivaluation for approval or demaj, out tne Council will ultimately decide. The case is scheduled for the City Council meeting on January 14, 2011 Planning Commission Minutes - 6 — October 18, 2012 A- I zoning is not possible. The minimum lot size in A- I is I acre, and this prop i I - I acres. Residential rezoning has not been discussed but could be considered. Ms. Mikulak responded to Commissioner BUCKNAM's request for clarification on t standards and placement of parking. Parking in MU-N should be next to or behind th building and not between the building and the street. I Sandy Cusack 15901 South Westntinister Road, Oklahoma City, OK Ms. Cusack identified herself as the daughter of LaVonne Beckfeld. She stated that although th e Commission is cha leftee ith then-41 Chair TIM MS closed the public hearing, Commissioner BUCKNAM co g i H appropriate than a mixed use zom commercial or retail development in 0 an residential. Commissioner WEAVER colmTwmm*#r provide a buffer, but an increase in commercial use is not going to provide the buffer; rather it seerns to be encouraging more commercial development. Commissioner OHM observed that everyone from the public who spoke mentioned traffic as a major concern, and asked if it is possible to place restrictions on the types of uses pennitted if the rezone is approved. After brief discussion, Ms. Mikulak agreed it may be legal but logistically those types of conditions are difficult to enforce, 1 -ne , ne'91MOT'nood, explained her reas ns, and said she will vote no. minissioner MATTHEW" M=mums" Commissioner BUCKNAM stated that agrees with the applicant and staff in recommendine, development of the sitebut-Wi.W would be residential in nature, 1TAMest Wor approval o f a zone change from Agricultural-one to Mixed-Use Neighborhood, for property located at 12600 W. 42" Avenue, for the following reasons: Planning Commission Minutes, -7- October 18, 2012 1. The majority of the request does not meet the zone change criteria. 2. More commercial use further destroys the integrity of the neighborho 3. The proposed zone change does not seem to create a buffer but rather encourages more commercial conversion. I recusing herself. WIMUMUNI'd M - IN I 1!JQ91'X74M7NT1#' Ms. Mikulak reported that Kim Waggoner has accepted the position of Administrative Assistant to replace Kathy Field who transferred to Public Works in September. She will be starting work on, Monday, October 22, 2012. Commissioner OHM commented on the success of Ridge at 38 event. It was a very positive event for Wheat Ridge, Commissioner BRINKMAN thanked the staff and city for Boards and Commission dinner on October There were no other items to come before the Commission. The next Planning Commission meeting is scheduled for November 1, 2011 0V /"S ' 41ve Timms, Chair Deborah Baker, Recording - Secretary 1 0 , 101 1, Planning Commission Minutes -8— October 18, 201 2 City of W heat jdge � DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: October 18, 2012 CASE NO. & NAME: WZ -12 -08 / Rock ACTION REQUESTED: Approval of a zone change from Agricultural -One (A -1) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 12600 W. 42 Avenue APPLICANT(S): Matthew Rock PROPERTY OWNER(S): Matthew & Trudy Rock APPROXIMATE AREA: 47,748 Square Feet (1.1 Acres) PRESENT ZONING: Agricultural -One (A -] ) PRESENT LAND USE: Vacant land COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE r 9n 0 J W U. 0 D O Case No. WZ -12 -08 /Rock 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST II. EXISTING CONDITIONS /PROPERTY HISTORY Case No. WZ -12 -08 is an application by Matthew Rock requesting approval of a zone change from Agricultural -One (A -1) to Mixed Use - Neighborhood (MU -N) for property located at 12600 W. 42 Avenue (Exhibit 1, Legal Description & Map). The zone change is the first step in the process for approval of mixed use development on this site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The proposed rezoning area includes one parcel the total area of which is approximately 1.1 acres (Exhibit 2, Aerial). Subject Property The property is located at 12600 W. 42 " Avenue which is south and east of Interstate -70, just north of the Clear Creek Greenbelt. The site is located within the I- 70/Kipling Corridor Urban Renewal Area. The property is currently zoned Agricultural -One (A -1), which allows for single - family dwellings and agricultural uses. The applicant purchased the property in 1998, but the site has remained undeveloped since that time. In 2003 and in 2004, the applicant met with staff to discuss the possibility of rezoning to a planned commercial development (PCD). The PCD zone change proposal did not move forward, however the property was consolidated from two lots to one in 2005 (Case No. MS- 05 -02). The resulting parcel is trapezoidal in shape, with the western property line being nearly twice the length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was relocated and now runs along the southern and eastern property lines. Currently, the subject property is undeveloped and is the only vacant parcel along this portion of W. 42 " Avenue (Exhibit 3, Site Photos). Surrounding Zoning and Land Use The surrounding properties include a variety of land uses and zoning designations (Exhibit 4, Zoning Map). To the immediate south, west, and east are parcels also zoned A -1. To the east is the administration and maintenance facility for the Prospect Recreation and Park District, to the west are two single - family homes, and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across W. 42 " Avenue to the north are two properties zoned Restricted Commercial (RC). These include the Jefferson County Head Start facility and a one -story office buildin� with several businesses including Grainger Supply and Radio Resource. At the intersection of W. 42" Avenue and Youngfield Street are two more commercial properties. The office and show home for Modern Log Homes is located on a parcel zoned Neighborhood Commercial (NC), and a multi -tenant commercial building at the southeast corner is zoned Commercial -One (C -1). Case No. WZ -12 -08 / Rock The applicant is requesting the property be rezoned to Mixed Use-Neighborhood (MU-N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in which residential and civic uses are pennitted, in addition to a limited range of neighborhood-serving commercial and retail uses. Under the current A -1 zoning, permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the MU-N zoning expands development options to include live/work scenarios or neighborhood-serving commercial uses. The applicant does not have any specific development plans but has expressed a desire to see a live/work development and a site design that takes advantage of the Greenbelt views ... ... .. . . ........ and recreation opportunities The following table compares the proposed and existing standards that apply to the subject property. In general, the MU-N district is expected to make the subject property more developable by allowing for a wider range of uses, The MU-N zone district also has enhanced architectural controls to ensure compatibility with the variety of surrounding land uses. Allows new residential, commercial, or mixed uses Allows single-fanifly residential; special uses include day care centers, churches, group homes, kennels High quality architecture required; No architectural standards for single- standards related to articulation, family homes; metal buildings variation, materials, transparency pennitted for accessory structures 35 feet if building has residential use 35 feet 50 feet for all other buildings I 90% for mixed use 85% for single use 10% for mixed use 15% for single use 30 feet 15 feet 15 feet 15 feet OW 25% Case, JV7,12-08 I Rock 3 Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in a significant adverse effect on the surrounding area. While the new zoning would allow for medium density development on the now vacant lot, any proposed development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. Development proposals will be required to meet storm water drainage and water quality requirements in order to be approved, therefore no drainage problems are anticipated. Staff ,fconcludes 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, the property owner/developer will be responsible for utility upgrades. Stqffconcludes that this criterion has been inet. CaseNo, 11 7 7,12-08 1 Rock 4 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 ill the 1-701Kipling Corridors Urban Renewal Plan and the City's comprehensive plan—Envision Wheat Ridge. Both plans were adopted in 2009 and both recognize the need to improve underutilized properties through investment. Because the MU-N zoning will allow for a wider range of uses on the property, the zone change is expected to encourage investment in the site. The Structure Plan map in Envision R'lleat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel-based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan, W. 42" d Avenue is shown with "neighborhood buffer" and "neighborhood" overlays, The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes on Xenon Street and the businesses on W. 42 Avenue and Youngfield Street. By encouraging mixed use development and establishing specific design requirements, the MU-N zoning provides tools and standards which support the City's goals of improving the appearance and vitality of vacant sites. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Agricultural-One (A-1) zoning designation as it appears on the City's zoning maps. Stq#'concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Over the last 12 years, the character of W. 42 "d Avenue has evolved as the north side of the street has developed from vacant land into the viable commercial and public uses that exist today. In 2001, Modern Log Homes developed the property at 4288 Youngfield Street to include an office and show home. In 2003, the one-story office building was completed at 12701 W. 42 C'asejVo. T`17,12-081Rack Avenue, and in 2008, Jefferson County developed the school facility for its Head Start program at 12725 W. 42 Avenue. By allowing residential and/or limited commercial uses, the proposed zone change is consistent with the character of the street. Stq1 ,f concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that w." 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. Siqlfconcludes that this criterion is not qpplicable. Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on March 21, 2012. Eight people from the neighborhood were in attendance Ow" MEIIII���Mftm All affected service agencies were contacted regarding the ability to serve the property. Any applicant for development will be responsible for providing upgrades, as needed. Referral responses in follow in regards to the zone change. Another referral process will occur in the future when a development scenario is known. Arvada Fire Protection District: No concerns. Staff concludes that the proposed zone change is consistent with the Comprehensive Plan and the 1-701Kipling Corridors Urban Reneival Plan. Staff concludes that the zone change will be compatible with the surrounding area allowing the site to serve as a neighborhood buffer. Staff further concludes Casa o, IY7,12-08IRock that the subject property has long been an underutilized parcel and that property development may be more likely under the mixed use zoning which allows for a wider range of uses. Staff concludes that any applicant for development under the new zoning will, through the site plan review process, be required to provide utility upgrades, as needed. Finally, staff concludes that the proposed zone change will not adversely affect public health, safety, or welfare; the architectural controls, upper floor stepbacks, and landscaped buffer requirements of the mixed use district will ensure compatibility with surrounding land uses. Because the zone change evaluation criteria support the zone change request, staff therefore provides a recommendation of approval. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ- 12 -08, a request for approval of a zone change from Agricultural -One to Mixed Use - Neighborhood, for property located at 12600 W. 42 Avenue, for the following reasons: 1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and the I- 70 1Kipling Corridor Urban Renewal Plan. 2. The proposed zone change is compatible with the surrounding area. 3. The proposed zone change will not adversely impact the public health, safety, or welfare. 4. The subject property is currently underutilized, and a zone change may increase the likelihood of the site developing and serving as a transitional site between existing commercial and residential uses." Option B: "I move to recommend DENIAL of Case No. WZ- 12 -08, a request for approval of a zone change from Agricultural -One to Mixed Use - Neighborhood, for property located at 12600 W. 42 Avenue, for the following reasons: 1. 2. 3. ...,, Case No. WZ -12 -08 /Rock EXHIBIT 1: LEGAL DESCRIPTION &MAP Legal Description The area proposed to be rezoned is legally described as: LOT 1, BLOCK 1, ROCK SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Also known by street and number as 12600 W. 42 Avenue, Wheat Ridge, CO 80033; as depicted in the map below. 0422, 04225 04250 04250 042' 04221 H 04219 04210 Z 04200 04289 12725 12701 12851 04196 42ND AVE 12710 12710 12600 04198 12700 12750 12700 04201 04201 Case No. WZ -12 -08 / Rock 8 EXHIBIT 2: AERIAL IMAGE . 4j j6.,j % O4, 20 -JIM 04198 W4 Case No. WZ-12-08 IRock 9 EXHIBIT 3: SITE PHOTOS Case No. WZ -12 -08 /Rock 10 Looking south at the subject site; most of the mature landscaping at the back of the site is within the adjacent Wheat Ridge Greenbelt. Looxmg west uown w. , +L ttvv luu, 11115 1l1u111-tC;JJalll V1111rG VU11Ulllb a%,tvJJ L11V atL .� i 11v111 u1" -J- property was completed in 2003. Case No. W7- -12 -08 /Rock 11 I.VVxlllr' JVUtIlcub1 IIUII1 lllu uUmul w W . '+L Avenue ano xenon mreet; the administration and maintenance facility for the Prospect Recreation and Park District is east of the subject site. EXHIBIT 4: ZONING MAP Case No. WZ -12 -08 / Rock 12 EXHIBIT ' OF REQUEST Case Alo. 07-12-08 / Rock 13 EXHIBIT 6: NEIGHBORHOOD NOTES it }3 of eat C..)A49 € °r ltterasarsr t,"Sti of Wheat tt'sci .c Municipal €3uOdiaag......7SC.) NV. 2 0 `' A e.. Wheat Ridge, , t 0 9 (03 (X)I r':.10.1,15.*840 F° Y)'!,, 2 3 a2I.57 NEIGHBORHOOD MEETING NOTES nm City Staff Present'; Location of meeting- Property location* Property t rear. Property Owner(s) present`' Existing Zoning: Comprehensive Plan Designation: Meredith Re:claert.. Senior Planner Wheat Ridge Municipal Building Second floor Conference yearn 500 NV. 29 Avenue °, Wheat Ridge, CO 80033 12600 m il , 42 aa1 Avenue Matthew Rock Phone 720-333-3703 Email: rocks 10300 W 65 Avenue Arvada, CO 8000 °l`om Martinez, owner's consultant Agriculture ­One. : -1 %Merrihers ofthe public present: There were seven area residents aarrcl'`or property owners in attendance, a Written response Was Submitted from David and Joan Amdahl. 4235 Vivian Street, who could not be in attendance, See tattaachcol saga- up sheet Applicant's Proposal In 20i13, the applicant first propcised a zone change for the property. At that three., any zone change would have required as planned development, With the adoption ofmixed use zone districts in 2010, the applicant is ramv iarcalxasin g a 7one chaan e to Mixed f.ise -Nci hborlrc.od {loll -N) to provide ide as mixed use building with round floor offices and upper floor residences. No specific designs or site plan have yet been draacc w The applicant is proposing a developtrient that would take advantage e ofthe Circt:nbelt t re:aa s and recreation opportunities and would provide aaround -the- clanck presence on they property Ii'tsan residents and employees, Existing Conditions: The properly is located at the southrsrest cot -Tier of W, 2`1 Avenue and Xenon Street, The parcel is terataatiecly addressed as 12600 W. 42 ed venue, and is identified as PIN 39-203-06-00.1, he property is currently zoned Agriculture-One (A- I ). The surrounding properties include a variety of land uses and zoning,, designations, To the immediate south, west. and cast are properties also zoned A- 1, 'ro the west is a single-family residential horn e, to the cast is the prospect Recreation and Park District administration and maintenance facility, and to tile south is Clear Creek and (fie Wheat Ridge Greenbelt_. Across 42" Avenue to the north are properties zoned Neighborhood Commercial (NC) and Restricted Commercial (RC), nese include businesses such as (3rainger Supply and Radio Source, as well as the Jef'krson County Head Start facility, At the corner of'W. 42 .. Avenue and Youngficid, just two lots to the west, are the offices for Modern Log N'ortes and a multitenant commercial building zoned Commercial-One (C- I ). The following issues were discussed: What is proposed to be built? The proper4 Ou'llel iV fl ( aI NIOV VcL I - ' 011 017S (I niix(?d use per e- with live/work tinits with conirnera il oil the bo 'o It oti , /I ()e artist or someone whit a small busilleSS such as a ("N. Anwher op pion ota , he a multi- .1 /amiIV par. ojecq, Will Mr. Rock be living there and operating his roofing company? N`6, the proposedvfixe 14 e ,. , Veighborhood :oning on the proffr(V Would not allow to c t,#fice, When did Mr. Rock buy the property? 11r, Rock purchaved thepropeci in 1998, What are the tax implications if the property were rezoned and developed commercially? Ae properh leaves ifit were eh' ctallmercialh. 'The area residents wondered whether Mr. Rock would like to live next to a commercial business with the traffic, lights, noise, trash trucks, etc. The neighborhood indicated that they are not in favor of any more commercial land use in the area and would like to see the property developed with A- I zoning. Theywould prefer to see a house built on the property. CtiseNo. TVI-12-175 IRock 15 WZ12 =08 Mailing Lavonne Beckfeld Xenon Wheat Ridge, Colorado 80033 Gregory and Marnie G•s 4200 Xenon Dwayne Imer 12710 West • Avenue Ridge, Wheat Colorado 0 Golden, iO4 • M&M Realty 4219 Xenon Wheat Ridge, Colorado 80033 • York Street Denver, Colorado 80229 David and Kathryn Murphy 12700 West • Street Radio Resource 12701 West f Street Limited Ten Years • Mary Hood 7764 Swaps Evergreen, Colorado 80439 r E 7012 1 010 0001 7277 2833 7012 1010 0001 7277 io w ■ • :.. RA M. ' r • ■ 0001 2888 ■ 000 17277 rlf a • 7012 1010 0001 7277 2925 'VI IV' city of �`Wh6atj� C como I%­ ommumTy I VELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033-8001 1 303-235.2846 F: 301235,2857 CERTIFIED LETTER NOTICE IMMUMESSISM This is to inform you of Case No. WZ-12-08 which is a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W. 42 Avenue. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. **If you are a property owner within 100 feet of this property and immediately adjacent to this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City ofVheat Ridge. Call Ileather Geyer, Public Information Qfficer at 303-235-2826 at least one week in advance of meeting if you arc interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Than you. Planning Division. wwwA.wheatridge.co.us Notice is hereby given that a Public Heating is to be held before the City of Wheat Ridge PLANNING COMMISSION on October 18, 2012, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored 41 the City of 9 Ridge. Call Heather Geyer, Public Information Qf ,licer at 303-235-2826 at least one week in advance o a meeting o f you arc interested in !f participating and need inclusion assistance. The following case shall be heard: Case No. WZ-12-08: An application filed by Matthew Rock for approval of a zone change from Agricultural-One (A -1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W. 42 `° Avenue. Said property is legally described as follows: L vlt�"Aej� Lauren Mikulak, Planner 1 CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZONING CODE AMENDMENI The full text of this notice is available in electronic fonn 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, October 4. 201 2 I N City of ,fR ' - rWh6atl dge COMMUNiTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W, 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE October 4, 2012 Dear Property Owner: This is to inform you of Case No. WZ-12-08 which is a request for approval of a zone change from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for property located at 12600 W. 42" d Avenue. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: _7 As an area resident or interested party, you have the right to attend these Public Hearings and/or submit written comments. **If you are a property owner within 100 feet of this property and immediately adjacent to this property, you may have the right to file a legal protest against the application which would require 3/4 majority vote of City Council to approve the request. A copy of the protest rights section of the code is enclosed. Individuals ivith disabilities arc? encouraged to participate in all public meetings sponsored by the City qf fFheat Ridge. Call Heather GeVer, Public Ju/brination f Qftcei - at 303-235-2826 at least one iveek in advance 9fa meeting ifyou arc interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. www.ci.wheatridge.co.us Lauren Mikulak From: Steve Art Sent: Tuesday, October 02, 2012 7 PM To: Lauren Mikulak Subject: RE: URA Referral From: Lauren Mikulak Sent: Monday, October 01, 2012 1:20 PM To: Steve Art Subject: r Referral Lauren E. Mikulak Planner I Office Phone: 303-235-2845 From: Steve Art Sent: Monday, October 01, 2012 12:32 PM To: Lauren Mikulak Subject: Re: URA Referral Sent from my iPhone Steve Art City of Wheat Ridge Allr 11;1111111111!111111l!�111 o n a rezone trom Agricultural-One (A-1) to ITlixed Use-Neighborhood (MU-N) on prope y at 12600 r , Avenue. The site is 1 .1 acres in size and is currently vacant. There is no development scenario current proposed, but the MU-N zoning would allow for residential, limited commercial, or mixed use development. i It looks like the case was referred to you (Economic Development) but not to the Urban Renewal Authority. The property is barely within the boundaries of the 1-70/Kipting URA, so I'm wondering if you could you confirm if RWR discussed this case. If not, do you think they could provide comment at an upcoming meeting? Lauren E. Mikulak Planner 1 75001 W, 2 9th Avenue Office Phone: 303-235-2845 Fax: 303-234-2845 �Mw�wqjm�heatrid �e_co,�us mm1 R• namea Move. rr y*u are IMT W R((7MIR7# 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. <Vicinity Map.doc> City of Wheat Ridge Municipal Building 7500 W. 29' Ave, Wheat Ridge, CO 80033-8001 P: 3012352846 F. 303; 235.2857 zmzmz�� Matthew Rock 10300 W. 65 Avenue Arvada, CO 80004 Dear Mr. Rock: Wheat Ridge Police Department. No concerns. Fruitdale Sanitation District. No comments receivett A TJz T Broadband. No comments received. Quitv Communications. No comments received, Kbeat Ridge Economic Development.- No comments received, Wheat Ridge Building Division: No comments received. Please note the following: 1. This case is scheduled for a public hearing before Planning Commission on Thursday, October 18, 2012 at 7:00pm. You or a representative is required to attend the public hearing. Posting signs will be available for pick-up the week of October 1. The signs will need to be placed on the property no later than October 4. www.d.wheatridge.co.us 2. After the Planning Commission meeting, the zone change process includes a first and second reading in front of City Council. Based on the standard schedule for a zone change, these City Council meeting dates would be Monday, Noveniber 26, 2012 for the first reading and Monday, January 14, 2013 for the public hearing. You will only need to attend the public hearing. I will confin these meeting dates as we get closer; please let me know if this schedule is a problem. if you have any further questions, feel free to contact me by phone at 303-235-2845 or by email at lmikulak@ci.wheatridge.co.us. Lauren Mikulak Planner 1 To Mov - 12600 W42nd Are,_MatiRock_Rezoning ((pt -t 1- Q}.ei xx VALLEY WATER DISTRICT 12101 WEST 52ND AVENUE MitAT MCF, COLORADO $0033 y }�� � \ 3 � k� i In reference to Project #WZ-12-08/Rock, Valley Water District has reviewed the inquiry and has no concerns with the proposed rezoning, Should development of the site occur in tJ< Aftre, the following itenu will apply: I Valley Water District can provide water service to the proposed project subject to Valley Water District rules and regulations, I Valley Water District is supplied water through a distributors contract with Deaver Water Department and must follow Denver Water operatin8rules and regulations. The District must also follow all $ » -© Water mandates withregard drought and conservation that may be imposed. I 5, If a dditi ona l wa m ain lines, f hydrants or fire sprinkler lines are needed, the owner would need to provide any necessary easements. 6. Each separate building structure will require a separate water tap, service line and we will be responsible for the cost of the taps, service Unes and meter installation. 7. Th owner o f t h e : «,© w ill nee to contact Valley Water District at 303.424- 9661 p t d of », .< t,t» © ater system design needs. quest,ow, please f eel f If yo u have • any ftuthcr ree to contact myse or K a th y Kadnack, Off, Ma at 3o3-424-9661. SM XcelEnergy PUBLIC SERVICE COMPANY 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 1 5051101 • Right of Way & Permits 1123 West 3 Id Avenue Denver, Colorado 80223 Telephone: 303.571,3306 Facsimile: 303,571.3524 Public Service Company of Colorado (PSCo) has reviewed the request for the Rock Rezone. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion. If you have any questions about this referral response, please contact me at (303) 57 3306. 1 Donna George Contract Right of Way Referral Process Public Service Company of Colorado I W City of h6at ge CE DEPARTMENT � I TO: Lauren Mikulak, Community Development FROM: Kevin Armstrong, Sergeant, Crime Prevention Team Kit' -i�L4 I have reviewed the Community Development Referral Form for Case Number: WZ-12-081Rock. The police department sees no concerns with this request. Meredith Reckert From: Kevin Ferry <kevin.ferry@arvadafire.com> Sent: Monday, September 17, 2012 7:21 AM To: Meredith Reckert Subject: AFPD referral comments for case: W_12- 08/Rock 039M Arvada Fire Protection District has reviewed the referral for case WZ- 12-08/Rock which proposes a zoning change for the parcel located at 12600 W 42" Avenue. The Fire District supports this case for approval as submitted. If you should have any question or need further assistances please contact me via e-mail or at my direct office number listed below. City of W heat idge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: September 5, 2012 Response Due: September 20, 2012 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Agriculture — One (A -1) to Mixed Use — Neighborhood (MU -N) for property located at 12600 W. 42nd Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ -12 -08 /Rock Request: Approval of a zone change from A -1 to MU -N to allow for development of the site. The property is 1.1 acres in size and is currently vacant. Although there is no specific development scenario proposed at this time, the MU -N zoning would allow for retail, office and residential development. See attached zoning synopsis. The zone change is the first step of the process. If approved and prior to construction of any new structures, a site development plan and approval will be required. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert @ci.wheatridge.co.us UIJ I MOU 1 IUN: Valley Water District Wheat Ridge Public Works Fruitdale Sanitation District Wheat Ridge Economic Development Arvada Fire District Wheat Ridge Police Department Xcel Energy Wheat Ridge Building Division AT&T Broadband Qwest Communications "The Carnation Q), 11 Vicinity map "The Carnation City" 1' Slte 'MIXED USE ZONING MIXED USE NEIGHBORHOOD {MU - N) lwl= P4-.k, i BETTER ZONING FOR VIBRANT WHEAT RIDGE ZONE DISTRICT 22M902= MAXIMUM BUILDING HEIGHT iqlLir resntial use LArly Iju dg ide �A l ll other 35' * Building height limits match City Charter height restrictions BUILD-TO AREAS Primary Street Frontage *G. 6 Build-to Area = 0' - 12' Secondary Street Frontage Build-to Area 12' with a building (see image to right) AUTO-ORIENTED USES 1! A - . - - brive-Up and Drive-Thru Uses Anil as ­ `aCond_it6o__n_ , a_J6`se 'with i requirements. Fast food drive-thrus must be located at least 500 ft apart from another fast food drive-thru. Other drive-thru uses, such as a coffee shop or bank, must be located at least 500 ft from one another. Note: separation requirements do not apply to drive-thru uses oninh Car Sales duido6r_4ales lots not allowed At I owe d as a Conditional Use with indoor showrooms, Gas Stations Setback = required minimum distance between a building and the nearest property line MIXED USE NEIGHBORHOOD =Pkd 1 MIXED USE ZONING g- UTTER ZONING FOR A VIBRANT WHEAT RIDGE ZONE DISTRICT RESIDENTIAL TRANSITIONS - " --------- Requirements for New Development Adjacent to Residential 6' buffer, in combination with 6' Screen Walls j screen wall or fence, required for surface parking lots and drive- thrus that are adjacent to a residentially-zoned lot Buffers 1-2 story building m = 10' (side and rear where adjacent to (, 3 story building = 15' single- or two-family residential) 4 story building or higher = 20' Upper-Story Stepbacks 5' stepback per story for stories (where adjacent to single- or two- 2-4 (see image to right) • Open space includes planted areas as well as hardscaped areas, such as a plaza • Green roofs may count toward open space requirements - N, City of City of Wheat Ridge Municipal Building 7500 W� 29" Ave, Wheat Ridge. CO 80033-8001 P: 303.235.2846 P 303,235.2857 NEIGHBORHOOD MEETING NOTES City Staff Present: Location of meeting: Property location: Existing Zoning: 11 1 # March 21, 2012 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29` Avenue Wheat Ridge, CO 80033 12600 W. 42" Avenue Matthew Rock Phone: 720-333-3703 Email: rocks roofi ngC& jnsn.com 10300 W. 65 `' Avenue Arvada, CO 80004 Tom Martinez, owner's consultant WM Imam= Members of the public present: There were seven area residents and/or property owners in attendance. A written response was submitted from David and Joan Amdahl, 4235 Vivian Street, who could not be in attendance. See attached sign- up sheet. Applicant's Proposal: In 2003, the applicant first proposed a zone change for the property. At that time, any zone change would have required a planned development. With the adoption of mixed use zone districts in 201 the applicant is now proposing a zone change to Mixed Use-Neighborhood (MU-N) to provide a mixed use building with ground floor offices and upper floor residences. No specific designs or site plan have yet been drawn. The applicant is proposing a development that would take advantage of the Greenbelt views and recreation opportunities and would provide around-the-clock presence on the property fi-om residents and employees. Existing Conditions: The property is located at the southwest comer of W. 42" Avenue and Xenon Street. The parcel is tentatively addressed as 12600 W. 42 Avenue, and is identified as PIN 39-203-06-003. The property is currently zoned Agriculture-One (A -1). www.ci.wheatridge.co.us The surrounding properties include a variety of land uses and zoning designations. To the immediate south, west, and east are properties also zoned A-l. To the west is a single-family residential home, to the east is the Prospect Recreation and Park District administration and maintenance facility, and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across 42 "`r Avenue to the north are properties zoned Neighborhood Commercial (NC) and Restricted Commercial (RC). These include businesses such as Grainger Supply and Radio Source, as well as the Jefferson County Head Start facility. At the comer of W. 42" d Avenue and Youngfield, just two lots to the west, are the offices for Modern Log Homes and a multiteryant commercial building zoned Commercial-One (C-1). The following issues were discussed: What is proposed to be built? The property owner is not su•eyet, Perhaps a mixed use project with livelivork units with conunercial oil the bottom floor and residential above that niql be attractive to all artist or someone with a small business such as a CPA. Another option inqy be a multi - family p .l'a 4y roject. Will Mr. Rock be living there and operating his roofing company? No, the proposed Mixed Use Neighborhood zoning on the property would not allow a contractors office. When did Mr. Rock buy the property? Mr. , Rock purchased the property in 1998. What are the tax implications if the property were rezoned and developed commercially? The Cit e of Mleat Ridge is not the taxing entity it is Jef k- rson Coun4% There should be an increase in property taxes if it were developed commerciallY. The area residents wondered whether Mr. Rock would like to live next to a commercial business with the traffic, lights, noise, trash trucks, etc. The neighborhood indicated that they are not in favor of any more commercial land use in the area and would like to see the property developed with A-1 zoning. They would prefer to see a house built on the property. March 21, 2112 0,/w ■ I § P� ub It N • ORr • • • • > wow > •(a • P1111k 0 owe X • > Z M • =r Cr 0 0 0 a QQ '-t 0) t3"t -h CaJ N p 9 Zoning Map A f 4P�a 411 1° } o5_ ` ``�• - 42ND AYES- .. y w z` w2NDAVE ► a i The proposed zone change is from Agriculture -One (A -1) to Mixed Use - Neighborhood (MU -N). Aerial 12600 W. 42nd Avenue • Proposed Zone Change A City of � '� W heat �dge MUNITy DEVELOPMENT Zone Change Criteria Before a zone change is approved, the applicant will demonstrate that the following criteria have been met: 1. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of at least four (4) of the following: 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 change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; There will be social, recreational, physical and /or economic benefits to the community derived by the change of zone; • Adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 2. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. 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 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 I mi 119GMI1111 1 • n u • • I mi 119GMI1111 1 n u IY 119IIi Bu €.soaH a € €qnd €€auno:) s(t €:) jol podaS f#o4S #S ! JUS (Butioaq aslgnd of sor.sd sAop 9 L) 6 U €JOaH a € €qAd € €aUncs /110 jol A4jedOJd goj/ san€ OS ysr €g d *&I dais OUIP004 Is! ao} IPUAOD 440 o} 401310d sb dais u U a €€ rad uta€ss €Wwo Eiu'uuOl jo podos JIDIS ;,Z d3lS (8uP 3ygnd o4 josad sApp ' i) Bu €JD0H a € €qnd uo €ss €wwo x u €uuold Jo; Avedoid 4sod /jSaA€ 4S gs € €qnd °9 dais ON s SOA .. �uwgjddV os sluawwoD *S ASIS (Sapp I IIO- "dA.L) €os.s jam "Akef 31 :b dais uo €4oa € €c€dtr 4Mf !usgnS :c d91S :r. dais u€ }anus uo €joa € €ddo -asd t d1S (plilsi ouoz 4uowdoleAep •. • as • • ... 3ONVHD 3NO MIXED USE ZONING MIXED USE NEIGHBORHOOD (MU-N) W ",goww' I "ETTER ZONING FOR A VMRANT WHEAT RIDGE ZONE DISTRICT DISTRICT INTENT: intended for neighborhood main streets commercial corridors, this district encourages medium density mixed use development. It allows for neighborhood-serving commercial and retail uses, as well as residential and civic land uses. �A with a building (see image to right) MIENMENUM MOM Allowed as a Conditional Use with separation requirements, Allowed asa Conditional Use with separation requirements. Must bea1 least 1/]00ft from another gas station. Note: separation requirements do not apply to gas stations in Design Requirements for Drive-Thrus and Drive-Ups: frQ—m-the street must be screened by a screea wall, at least 42" tall, and a 4' wide landscape buffer Drive-up window shall be at the side or rear of the building and not facing a street corner * Building height limits match City Charter height restrictions Setback = required minimum distance between building and the nearest property line BUILD-TO AREAS i — Street Frontage At least 60% of the build-to area 6'econdary Street Frontage At least 30% of the build-to area 2�_____must contain bmLlding facade with a building (see image to right) MIENMENUM MOM Allowed as a Conditional Use with separation requirements, Allowed asa Conditional Use with separation requirements. Must bea1 least 1/]00ft from another gas station. Note: separation requirements do not apply to gas stations in Design Requirements for Drive-Thrus and Drive-Ups: frQ—m-the street must be screened by a screea wall, at least 42" tall, and a 4' wide landscape buffer Drive-up window shall be at the side or rear of the building and not facing a street corner * Building height limits match City Charter height restrictions Setback = required minimum distance between building and the nearest property line MIXED USE ZONING RE (TER ZONING FOR A VIBRANT WHEAT RIDGE MIXED USE NEIGHBORHOOD (MU- ZONE DISTRI Requirements for New Development Adjacent to Residential Uses Landscape B uffers J ar4 6' buffer, in combination with 6' 1 Screen Walls screen wall or fence, required for surface parking lots and drive- I thrus that are adjacent to a residentially-zoned lot ---- ----------- Setbacks/Landscape Buffers 1-2 story building = 10' (side and rear where adjacent to 3 story building = 15' single- or two-family residential) 4 story building or higher = 20' -- — ------------------ S' stepback per story for stories (where adjacent to single- or two- 1 2-4 (see image to right) family residential) a • Open space includes planted areas as well as hardscaped areas, such as a plaza • Green as may count toward open space requirements AMDAHL DAVID BECKFELD LAVONNE A BENNETTS RONALD L AMDAHL JOAN 4210 XENON ST BENNETTS PHYLLIS M 4235 VIVIAN ST WHEAT RIDGE CO 80033 4275 VIVIAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BOOM GREGORY J BOOM GREGORY J CASEY INVESTMENTS I LLC BOOM MARNIE A BOOM MARNIE 6557 BEAR RIDGE WAY 4225 VIVIAN ST 4200 XENON ST GOLDEN CO 80403 EAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GRAHAM JERRY G FERGUSON VERNA R FISTELL MARTIN L 6340 W 38TH AVE 4221 XENON ST FISTELL MARTIN LEE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4230 XENON ST EAT RIDGE CO 80033 JEFFERSON COUNTY HOWARD EDWARD A IMER DWANE R 100 JEFFERSON COUNTY PKWY HOWARD LINDA L 12710W 42ND AVE GOLDEN CO 80419 4160 YOUNGFIELD ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 M & M REALTY LLC KEAVAD LLC LOYA ELIAS 4219 XENON ST 4288 YOUNNGFIELD ST 4235 XENON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 METRO WASTEWATER MOORE GENEVIEVE E MURPHY DAVID A RECLAMATION DIST MOORE JAMES E MURPHY KATHRYN R 6450 YORK ST MOORE SANDRA L 1270OW 42ND AVE DENVER CO 80229 4280 XENON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 STORMS NICOLE LYNN RADIO RESOURCE INC ROCK MATTHEW P 4250 XENON ST 12701 W 42ND AVE A ROCK TRUDY A WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ROCK MATTHEW PHILLIP 1030OW 65TH AVE ARVADA CO 80004 TENYEARS LIMITED TITUS ELIZABETH STROHMEYER RAY A % MARY HOOD MEADOWS STEPHANIE STROHMEYER MARY T 7764 SWAPS TRL 12350 W 42ND AVE 4320 XENON ST EVERGREEN CO 80439 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 RESI DENT/TENANT CURRENT ' $; a » 0 TA BOR ST 12725 W 42ND AVE 4120 $ © y ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RI C O .. � � ? ■ �< �r ;- ^ IN .: a. » ` ! '.11 . .$ :| « <�� �■ ; e �!| „ � � � . ■<» ? ! � . ,. '�a� � . e § | ■� CURRENT RESI ■ 1 26 51 W 42N AVE 12701 W 4 AVE 12750 W 42ND A WHEAT RI D e'0 RI DGE O 80033 WHEAT RIDGE CO 8 AMDAHL DAVID BECKFELD LAVONNE A BENNETTS RONALD L AMDAHL JOAN 4210 XENON ST BENNETTS PHYLLIS M 4235 VIVIAN ST WHEAT RIDGE CO 80033 4275 VIVIAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BOOM GREGORY J BOOM GREGORY J CASEY INVESTMENTS I LLC BOOM MARNIE A BOOM MARNfE 6557 BEAR RIDGE WAY 4225 VIVIAN ST 4200 XENON ST GOLDEN CO 80403 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 LOYA ELI M & M REALTY LLC M M ALTY LLC 3 4219 ST 42 ON ST 4219 XENON ST NON -1 i T C WHE GE CO 80433 WHEAT RIDGE CO 84433 AT GE CO 80433 # 1 1 # # * h # 4250 XENON ST MOO 42 80 i # 4 s # i UIF I I wily 8 3 1 0s 1 s # � r TENYEARS LIMITED % MARY HOOD 7764 SWAPS TRL EVERGREEN CO 80439 MURPHY KATHRYN R ROCK MATTHEW P r # # TITUS ELIZABETH MEADOWS STEPHANIE 1235OW 42ND AVE WHEAT RIDGE CO 80033 T E CO 80033 T E CO 80033 M 91WAEMINMJIV��� 4201 T OR ST WHEA • GE CO 80033 D G GFIEL I E 0 80033 • w - I MIMPAMMENIV 4198 X ST WHEA Gp CO 80033 (MOMM" 4235 XE ST WHEA" I CO 80033 ST CO 80033 V VT GE CO 80033 CUR I EN SI E NT/TENA NT k � T L E 0 VA T LAND 0 r N GE CO 80033 llw"T "MMON1 MY 91WILINIIAIDT01 - r. GFIELD ST DGE CO 80033 4225 XENON ST WHEAT RIDGE CO 80033 4201 AB ST WHEA IDGE CO 80033 CURREN R ESI /TENANT 0 VACANT D 0 4230 X ST WHEAT ► (DGEl CO 80033 CURR T RES19DI /TENANT 12710 W N VE WHEAT VRE CO 80033 • CURRE IDENT/TENANT 12700 WY 42 V E WHEAT DGE 0033 CUR NT REST 9 NT/TENANT ll � 4250 X ' T Ry WHEAT GE CO 80033 1411JON700 AM 1 --ll 4320 XE T WHEAT E CO 80033 V w AV h WHEAT RIDGE CO 80033 CURB T RESIDE T/TENANT 12700 42ND E WHE Co WHEAT E CO 80033 M-SOMN 01 rAV.T, i = WHEAT R E O 80033 CITY OF WHEAT RIDGE 03/02/12 3:10 pr edba Via; hew Rock RECEIPT QCDA8@6918 AMOUNT FMSD ZONING MISCELLANEOUS iol.00 zomi PAYMENT RECEIVED AMOUNT CK 1857 101.40 OTAL 101.00 ---------- City of �A Wh6a-t 40 V V )Oe COMMUNiTy DEVELOPM NT Meeting Date: January 19, 2012 Applicant: Matthew Rock Ph 720-333-3703 Em rocks roofiflg�"�'� 10300 W. 65 Avenue Arvada, CO 80004 Attending Staff. Meredith Reckert, Senior Planner Sarah Showalter, Planner 11 Lauren Mikulak, Planner I Dave Brossman, Development Review Engineer Specific Site Location: 12600 W. 42 "d Avenue Southwest comer 42 Avenue and Xenon Street (PIN 39-203-06-003) Existing Zoning: Existing Comp. Plan: Agriculture-One (A -1) Neighborhood Existing Site Conditions: The property is located at the southwest comer of W. 42 Avenue and Xenon Street. The parcel is tentatively addressed as 12600 W. 42" Avenue, and is identified as PIN 39-203-06-003, The property is currently zoned Agriculture-One (A-1). The surrounding properties include a variety of land uses and zoning designations. To the immediate south, west, and east are properties also zoned A -1. To the west is a single-family residential home, to the east is the Prospect Recreation and Park District administration and maintenance facility, and to the south is Clear Creek and the Wheat Ridge Greenbelt. Across 42 d Avenue to the north are properties zoned Neighborhood Commercial (NC) and Restricted Commercial (RC). These include businesses such as Grainger Su yply and Radio Source, as well as the Jefferson County Head Start facility. At the comer of W. 42" Avenue and Youngfield, just two lots to the west, are the offices for Modem Log Homes and a multitenant commercial building zoned Commercial-One (C-1). In preparation for future development, a consolidation plat was approved in December 2005 for the property. The resulting parcel is trapezoidal in shape; the western property line is nearly twice the length of the eastern property line. The subject property is the only vacant lot in the block. It is just over one acre in size at 47,748 square feet. The Lee & Baugh Ditch runs along the southern and eastern property lines. Applicant/Owner Preliminary Proposal: In 2003, the applicant first proposed a zone change for the property. At that time, any zone change would have required a planned development. With the adoption of mixed use zone districts in 2010, the applicant is now proposing a zone change to Mixed Use-Neighborhood (MU -N} to provide a mixed use building with ground floor offices and upper floor residences. No specific designs or site plan have yet been drawn. The applicant is proposing a development that would take advantage of the Greenbelt views and recreation opportunities and would provide around-the-clock presence on the property from residents and employees. Staff advises the applicant to retain professional assistance to navigate the zone change and site design processes. N Mixed Use Development Standards The mixed use zone districts have specific design requirements for new development that address building placement, materials, transparency, parking, and open space requirements. If a rezoning is approved, the proposed site plan would need to address the following development standards: For a comprehensive explanation of the mixed use zone district and its development standards, the applicant or his architect is encouraged to reference the attached Municipal Code, Sections 26-1101 to 1119. As mentioned above, the site plan review is required for any development within the mixed use zone district to ensure consistency with all standards. Building Division comments: The Building Division was not present at the meeting, and has no comments at this time. Public Works comments: The Public Works Department was present at the meeting, and the following items were discussed based on the applicant's proposed development: Public Improvements The proposed zone change will convert the property from vacant land to a residential and commercial use. The zone change and development will trigger consideration of public improvements. For this reason, staff will likely recommend the installation of a curb and gutter on the W. 42" Avenue frontage to help control access to the site and drainage. The public improvements would be recommended by staff as a condition of the rezoning. Ultimately City Council would decide upon the conditions of approval at the required public hearing for the zone change. Please contact Development Review Engineer Dave Brossman with any further questions. The meeting date, time, and location should be coordinated with a staff mernber. The fee associated with the neighborhood meeting is $100 for staff presence, plus 50 cents for each page of address labels (average is $2-$3). Meetings can be held at City Hall or at a location the applicant desires. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit a formal application for the zone change. An appointment with a planner is required to submit the application. The application must include a written justification of the requested zone change from A -1 to MU-N. This justification should address the following items;. After the application is submitted, a case manager will review it for content. If all submittal requirements have been met, the application will be sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. 11 Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The 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 recommendations 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. Attachments: Zone change application checklist; Neighborhood meeting template UMMUT11 MIT M January 9, 2012 Sarah Showalter 7500 West 29' Avenue Wheat Ridge, CO 80033-8001 303-235-2849 303-235-2857 fax Sarah Showalter; Regarding the property at 12700 W 42nd Avenue, Wheat Ridge, CO 80033 (Vacant Land): 1, Matthew Rock, the owner of this property, am requesting a zoning change from A-2 to A Mixed Used Rezone for possible office building and residences above the offices which would include the items included in the document that you handed me regarding section 26-1111 Permitted Uses. I hope this letter meets your satisfaction and requirements. Please call me with any questions you might have. MEM Property Owner 10300 West 65 Ih Ave Arvada, CO 80004 720-333-3703 cell roc ks—roofing@)msn.eorn January 19, 201i Page 2 Plan (SWMP) shall be submitted to the Department of Public Works for review and approval prior to issuance of any Building Permits. gal M 2. Information: Information pertaining to the Public Works development requirements, land surveying, platting, and ROW infort-nation, as well as the City's Standard Street Construction, and Stornmrater/Erosion Control Details are available on the City of Wheat Ridge website at: wwwxi.wheatridP-e.co.us Please be advised that submittals will not be considered as being under review until such time as all required items have been received by the City. www.d.wheatridge.co.us (01-19-12) W42ndAve-XcnonSt_(Matt Rock).docx W. 42nd Ave. & Xenon St. Matt Rock Re -Zone Lai" a... .n >o ­DU Canoes. M• N W E S 30 15 0 30 Feet Horizontal Coordinate System: NAD83/92 State Plane, Colorado Central Zone 0502 Vertical Datum: NAVD88 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely the requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only The computerized information provided herein should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits. and causes of action that result as a consequence of his reliance on information provided herein Wheat Ijdge 7500 West 29th Avenue Wheat Ridge, CO 80033 -8001 303.234.5900 DATE: 01/19/2012 o m 4 . U�s 7500 W. 29 Avenue Wheat Ridge, Colorado 80033 Wheat Ridge Planning Department 303-235-2846 • • APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing, as of/with -A� (Print name) (Position/Job Title) (Entity applying fear permiT,� (hereinafter, the "Applicant"), do hereby certify that notice of the application for set for public hearing on 200, has been sent to all mineral estate owners at least thirty (30) days before, the public hearing, as required by § 24-65.5-103(l), C.R,S,, or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application, 1:1 Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I any authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below, Dated this day of By: Im XWTION NO. F2056378 7/07/2004 1146-39 PGz 001-001 P6 FEE: 6.00 STATE DOC.FEE: 7.11 RECORDED IN JEFFERSON COUNTY, COLORADO Rock ("Grantee"), whose legal address is 10360 W. 65th Avenue, Arvada, Colorado 80004, the following described' real prop" situate in the County ofjefferson and State of Colorado, to wit: rfl#TM NMI STATE OF COLORADO COUNTY OF JEFFERSON -A - Me foregoing instrument was acknowledged before me this aZ: day ofjuly, 2004 by Samuel D. Walker as Chief Legal Officer and Group Vice President for Public Affairs for Coors Brewing Com�any a Colorado comovtio, seal. My commission expirm. 11-12 —01 .. RECEPTION NO. F 05 96908 •.• 0001- Fil ed P-50 TV T=r9rocatt rjstnxry Mel. RE Root Ml Date of the C—ty Of H2TMM and State of _gq*rs4q of the 4 ee d t « P RO i RUDY A - # The GraanterM shot mW wits wARKANT An FotEVER DEFEO the Above bargained imm in the quiet and posc oobto eaalon of the GranteeW, his hairs and assigne, against stl and every persco or persons tatfutiy "aiming the whole or any part thereof. The singular ruxther shalt include the plural, and the plural the singular, and the use of any gerxier siaatl licable to atl era. TA1 OF the Grantor(s) has executed this dead on the date sat forth above. a'r n STATE Of Colocad� � >se, oa�w+arter+#rw Wy commission expires $ 7„ (r r " iiitness my haw and official seat. "k tiota c Escrowit 1611518 Title# X611518 Wien Recorded Return to: 0 • City of Wheat Ridge Municipal Building 7500 W. 29"' Ave, Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 301235,2857 Matthew Rock 10300 W. 65` Avenue Arvada, CO 80004 Dear Mr. Rock: Please let this letter serve as a follow up to submittal of a zone change application for property located at 12600 W.42 "d Avenue. In review of the submitted documents, there appear to be a few issues as follows: It is Community Development's policy that a complete application be submitted prior to moving forward with the request. Until resolution is reached and the missing documents submitted, the application cannot move forward. It is important that you make an appointment for submittal so we can verify you've got the correct documents in order. Again, Staff would highly recommend you get professional assistance with this land use process. If you have any questions, feel fi - ce to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co.us Required information: Case No, u1Q$ Date deceived 8122I2CI1 Related Caste Case Planner `Reckert" Case Description ,hexane from A1 toMU•N AAv Name fYtatthe Flock Name m a�w Address city CITY OF WHEAT RIDGE �,81112112 11.1@ AM CUP MAT THEW P ROCK, t. �_.......e... _ ..... �_ e... _ ................. .. ..? State zap t D 7 gNI G APPLICATION 725.60 DN FMSD ZONING EI FURi S . ST 450.01 BE I K PAYMENT RECEIVED 1 175� 08