HomeMy WebLinkAboutWZ-12-09City of Wheat Ridge Municipal Building 7500 W, 29 Ave. Wheat Ridge, CO 80033-8001 P: 301235.2846 F 303235
Seun Phommetha
11773 Gray St.
Westminster, CO 80020
F Mw
1. The proposed zone change is consistent with the goals and objectives of the Comprehensive Plan and
the 38 th Ave Corridor Plan.
2. The proposed zone change is compatible with the surrounding area and provides a reasonable transition
between a commercial corridor and multi-family zoning to the south.
I � I o Kffil IF IN 11 1
4. The subject property is currently underutilized. The zone change may increase the likelihood of the
site developing in a way that supports the City's goals for 38 Avenue and that provides a transition
between existing commercial and residential uses,
R111 RENEWER
Enclosure: Copy of Ordinance
Draft of Minutes
cc: WZ- 12-09 (case file)
www.d.wheatridge.co.us
MMIEM
the likelihood of the site developing and serving as a transitional site between
existing commercial and residential uses,
Seconded by Mr. Reinhart; failed 4-3 with Councilmembers Davis, Jay and Langworthy
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 Mrs.
Lang worthy; carried 7-0.
Mr. Dahl reminded the assembl t
i�
Applicant: Property owner Suen Phommatha lives in Westminster but wants to move
near his grandfather. He likes Wheat Ridge and wants to pull more young people to the
area.
Em
MEE=
Motion by Ms. Davis to approve Council Bill No. 27-2012, an ordinance approving the
zoning of property located at 3775 Benton Street from Planned Residential
Development (PRD) to the Mixed Use-Neighborhood (MU-N) zone district, on second
reading and that it take effect 15 days after publication; seconded • Mr. Reinhart
carried 7-0.
KgROMORNALKLINT-3 113-0
4. Council Bill No. 0 1 -2013 — An Ordinance approving the rezoning of property
located at 4335 Harlan Street from Restricted Commercial (RC) to Mixed Use
Neighborhood (MU-N) (Case No. WZ-12-IO/Fernandez)
The property contains a single family home built in 1954. In 1975 it was converted fo
commercial use and has been used as such since that time. Many • the properties 'I
this •
block are converted residences which now serve as low impact offices, The
applicant would like to return the structure to residential use, but the change to a MU-
zone category would allow for a live/work option.
5. Council Bill No. 02-2013 — An Ordinance amending Section 16-131 and Section
16-133
• the Code • Laws concerning possession • marijuana and drug
paraphernalia
Mr. Reinhart introduced Council Bill 02-2013. Due to the passage • Amendment 64 by
the voters • Colorado in November, 2012 it is necessary to amend our Code to allow
the recreational use of one ounce of marijuana and associated drug paraphernalia by
persons 21 years of age and older.
Motion by Mr. Reinhart to approve Council Bill No. 02-2013, an ordinance amend
Sections 16-131 and 16-133 • the Wheat Ridge at of Laws • first reading, ordeirl
Ordinance bears a rational relation to the Proper legislative objective sought t b
ettained.
H MAI
&—cogn 6: 0—befte- _QgLe. This Ordinance shall take effect 15 days after final
publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading •
a vote o • •
f 7 to 0 thi 14th
ay of L ruary _, 2013.
SIGNED by the Mayor • this 1 4th day of
la
First Publication: November 29, 2012
Second Publication January 17, 2013
Wheat Ridge Transcript
Effective Date: February 1. 2013
RE QUEST FOR C'I'TY COUNCIL ACTIO
TITLE: COUNCIL BILL NO. 27-2012 — AN ORDINA
El PUBLIC HEARING ORDINANCES FOR I TREADING (11/26/2012)
El BIDS/MOTIONS ORDINANCES FOR 2 READING (01/14/20
[:1 RE
• �, ral
Community Development Director
R IO
Planning C rev re i recommen a pproval at a public i
on November 1, 2012. A motion was made for approval for the 1. The p i + i • i, and ob followin of i i
Plan i the 38 Avenue Corrid
FINANCLAL IMPACT:
lort""Dep's-f-of"", f" Ai6"Wftcited ftcr t6mlication in the amount of $1,050. If
the property is redeveloped, it would nelp to auvance me City s gTais Wor EUTTITTIM; TUR"1
and attracting strong households.
The parcel is rectangular in shape with an angled front property line along Benton Street. It is
approximately 50 feet wide. It is 125 feet long on the southern edge and 135 feet long on the
northern edge. The property is currently vacant and undeveloped. It is the only vacant parcel on
this block of Benton Street,
The applicant is requesting that the subject property be rezoned to Mixed Use-Neighborhood
zone district intended for neighborhood commercial corridors and neighborhood
commercial centers. The zone district is established to encourage medium density mixed use
J.W441 i.Q"l il_04114 ddition to a limited range of
neighborhood-serving commercial and retail uses.
WOTM-IM70
January 14,2013
Page 3
The current PRD zoning only allows for single-family development. The applicant desires to be
rezoned to MU-N to allow more flexibility for development of the lot. The applicant does not
have a siloecific develo=ent imtwon
such as a duplex. The applicant would like to build upon the City plans for the revitalization of
38' Avenue and develop a quality residential product that will attract new residents.
Guiding Documents
The community's comprehensive plan, Envision Wheat Ridge (2009), identifies 38" Avenue as a
priority redevelopment area and calls for small-scale, mixed-use infill along the corridor. The
38th Avenue Corridor Plan (2011) establishes the vision for a vibrant, mixed-use main street and
specifically encourages zoning that will support quality infill development.
Process
The application has been through the standard City and outside agency referral process. No
comments were received and any necessary upgrades to utilities will be required at the expense
of the developer at the time of redevelopment.
am
"I move to deny Council No. 27-2012, an ordinance approving the rezoning of property located
at 3775 Benton Street from Planned Residential Development (PRD) to the Mixed Use-
Neighborhood (MU-N) zone district, for the following reason(s):
REPORT PREPARED BY:
Sarah Showalter, Planner 11
Kenneth Johnstone, Community Development Director
ATTACUMENTS:
1. Council Bill No. 27-2012
2. Planning Commission staff report
3. Planning Commission meeting minutes
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
LOT 2, CADENCE SUBDIVISION, CITY • WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE • COLORADO. I
Attachment 1
Ordinance bears a rational relation to the proper legislative objective sought to be
attained.
SIGNED by the Mayor on this day of "1 1 2013.
RM*111M1fr*7M1hBVJM
Janelle Shaver, City Clerk
Want rf I
First Publication: November 29, 2012
Second Publication
Wheat Ridge Transcript
Effective Date:
1 City of
�C OMMPUM-ry V�Iheat �dge DEVUOPMEN 1
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission
CASE MANAGER: Sarah Showalter
DATE OF MEETING:
November 1, 2012
CASE NO. & NAME:
WZ- 12- 09/Dumindu and Seun Realty
ACTION REQUESTED:
Approval of a zone change from Planned Residential Development (PRD) to
Mixed Use Neighborhood (MU -N)
LOCATION OF REQUEST:
3775 Benton Street (vacant lot)
APPROXIMATE AREA:
6,580 Square Feet (0.15 Acres)
PRESENT ZONING:
Planned Residential Development (PRD)
PRESENT LAND USE:
Vacant land
COMPREHENSIVE PLAN:
Main S Corridor
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
LOCATION MAP
Case WZ- 12- 09/Dumindu and Seun Realty
o,s
K � '
R -3 r - I R -1
- R -1A
1
Attachment 2
All notification requirements have been met; therefore, there is jurisdiction to hear this case
I. REQUEST
Case Number WZ -12 -09 is an application by Dumindu and Seun Realty requesting approval of a zone
change from Planned Residential Development (PRD) to Mixed Use - Neighborhood (MU -N) (Exhibit
1, Legal Description and Map).
The zone change is the first step in the process for approval of proposed new residential development
on the site. If approved, and prior to any construction, a Site Plan review will be required to confirm
that the proposed development meets the standards of the MU -N zone district. The proposed rezoning
area includes one parcel a total of 6,580 SF (0.15 Acres) in size (Exhibit 2, Aerial Map).
H. EXISTING CONDITIONS
Subject Property
The property is located at 3775 Benton Street, one property south from the southwest corner of 38`
Avenue and Benton Street. The property is currently zoned Planned Residential Development (PRD).
The parcel is Lot 2 of the Cadence Subdivision. In 2006 -2007, the property was rezoned from C -1 to
PRD through the Advance Auto Single- Family Outline Development Plan to allow for development of
a single- family home (Exhibit 3, Current PRD Zoning).
The parcel is rectangular in shape with an angled front property line along Benton Street. It is
approximately 50 feet wide. It is 125 feet long on the southern edge and 135 feet long on the northern
edge. The property is currently vacant and undeveloped. It is the only vacant parcel on this block of
Benton Street (Exhibit 4, Site Photos).
Surrounding Zoning and Land Uses
The property immediately to the north is zoned Commercial -One (C -1) and contains an auto parts
store (Exhibit 4, Site Photos). To the south are two Residential -Three (R -3) zoned properties with two -
family homes. Directly across the street, on the east side of Benton, are single- family homes zoned
Residential -One A (R- I A). To the northeast of the property are two single- family homes zoned C- I
and a commercial property zoned C -1 fronting 38` Avenue.
Most of the properties to the north, northeast, and northwest of the subject property were part of the
recent legislative rezoning to Mixed Use - Neighborhood (MU -N) for the 38` Avenue corridor (Exhibit
S, Zoning Map with 38`" Avenue Reioning Boundaries). The MU -N zoning was approved by City
Council on October 22, 2012 but will not go into effect until November 24, 2012. The subject property
was not included in the proposed boundaries for the MU -N legislative zoning since staff used the
criterion that properties zoned PRD would not be included and staff was not aware at the time that the
current owner wished to be rezoned to MU -N. The current owner and applicant purchased the property
in summer 2012 after the proposed boundaries for the MU -N corridor rezoning were drawn.
III. PROPOSED ZONING
The applicant is requesting that the subject property be rezoned to Mixed Use - Neighborhood (MU -N),
a zone district intended for neighborhood commercial corridors and neighborhood commercial centers.
The zone district is established to encourage medium density mixed use development in which a range
Case WZ- 12- 09/Dumindu and Seun Realty
NIV-N (Proposed) PRO (Existil)p)
IV. NEIGHB01
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.
1 ) 1) 1 111 iiqi�111 111111
Lill
V. AGENCY REFERRAL
All affected service agencies were contacted regarding their ability to serve the property. Any
applicant for development will be responsible for providing upgrades if needed. Referral responses
for development is made.
are no concerns
traffic will be reviewed with future development proposal.
" 1 11!! lii�q 11�11'1
EF1 1 1 1 1 11 1 I F1 1, 11 � I' 1 q # I �,
Xcel Energy: No concerns.
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.
r1a 0
111 - "Maw IM-row"11
the commercial zoning and land use to the north and the R-3 zoning to the south. Height restrictions
and upper-story stepback requirements where adjacent to single- and two-family residential will
minimize impacts to adjacent single- and two-family homes.
Staff concludes that this criterion has been met.
Case WZ- I 2-09/Dumindu and Seun Realty 4
Z. 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.
ii t i t ►,
. t • • i' ! is i e ».
yield any concerns ii t to
3+ The Planning Commission shah also fiend that at lust one (f) of the following conditions
exists:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related
policies or plans for the area.
The proposed zoning is consistent with the policies and goals in the City's Comprehensive Plan
i the i A venue Corridor Plan. Both plans for creatin a Main Street with a mix of
including commercial i residential, and i +.. .d ment
standards, directly fits with these goals.
of Ridge is in err1
There is no known error # recorded zoning.
f f / d// iA
Case WZ- 12- U9IUumindu and Seun Realty
efforts to revitalize the street and encourage residential, commercial, and mixed use redevelopment
along the corridor.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan.
1 1 11 11 11 1i�i I; I I I �111:11111! 111111111pp� !I! I I!! w111% M��
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Because the zone change evaluation criteria support the zone change request, staff recommen
approval of this request. I
#
MWILMA
PIT pritfpcny MUNTUM at 3 1 Icalon S Tne Yonowing
reasRns:
I
Case WZ- I 2-09/Dumindu and Seun Realty 6
EXHIBIT 1: LEGAL DESCRIPTION AND MAP
The property to be rezoned is legally described as:
LOT 2, CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
The property is depicted in the map below:
l.1_ L r .
Case WZ- 12- 0%Dumindu and Seun Realty 7
38TH -AVE
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05300
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05310
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03780
03790
03721
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06250
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03770
03719
03718
03780
03715
03740
0371:
03770
03766
03711
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03710
03730
03709
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03705
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Case WZ- 12- 0%Dumindu and Seun Realty 7
EXHIBIT Z: AERIAL MAP
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Case WZ- 12- 09/Dumindu and Seun Realty 8
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EXHIBIT 4: S ITE PH
Case WZ- 12- 09/Dumindu and Seun Realty
This is a view of the site from the south on Benton Street. The left shows the duplex that is south of the site and
the right shows the commercial use that abuts the site on the north.
This is a view of the site, which is the vacant grassy area, from Benton Street.
Case WZ- 12- 09/Dumindu and Seun Realty 10
This is a view of the vacant, grassy site from the north. The parking area is the parking lot for the commercial
use (auto parts store) north of the site.
This is a view of the two duplexes, zoned R -3, to the south of the site.
This is a view of the single - family home across from the site on the east side of Benton and the commercial use
at the southeast corner of Benton and 38` Avenue.
EXHIBIT 5: ZONING MAP WITH 38 TH AVENUE
REZONING BOUNDARIES
R
L)
L
R-1 C
The purple line shows the boundaries of the new MU-N zoning approved by City Council on October 22, which
will go into effect on November 24
Case WZ- I 2-09/Dumindu and Seun Realty 11
EXIHBIT " REZONING RE " "PLICANT
Rezoning Narrative
Case WZ- 12- 09/Dum ndu and Seun Realty 12
EXHIBIT 7: NEIGHBORHOOD MEETING NOTES
City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033-8001 P: 303.235.294w
!' i!! MEETING NOTES
Date:
City Staff Present:
Location of meeting:
Property location:
P , 1 1R M WE T 7 MMU w7p T
Lobby conference room
7500 W. 29 Avenue
Wheat Ridge, CO
Property owner: Seun Phommatha
Property Owner(s) present? Yes
Existing Zoning: PRD, Planned Residential Development
Comprehensive Plan Main Street Corridor; Neighborhoocil
Designation:
IT4T 710mT iii ,
plan I because the pro 4 perty is situated betvwee W. 3 ' 8 tfi Avenue—a neighborhood commercial
corridor—and a residential neighborhood. Residential development would be permitted in the
MU-N zone district.
E xisting Conditions: The property is located on the west side of Benton Street, one lot south of
W. 38 Avenue, The parcel is addressed as 3775 Benton and is Lot 2 of the Cadence Subdivision.
Case WZ- I 2-09/Dumindu and Seun Realty 13
The subject property is currently a vacant, grassy lot. Based on Jefferson County Assessor
records, the lot is 6,580 square feet in size (0. 15 acres).
Where will the parking be? Parking will occur on site; there may be garages builifor the
proposed residential use.
Will landscaping be required? Yes, the City will require installation of 15% landscaping
on the property if it is a single use development, ff it is a mixed use development, 10%
landscaping will be required There will also be the requirementfor installation of street
trees.
Case WZ-12-09/Dumindu and Seun Realty 14
a
Case WZ- 12-09/Dumindu and Seun Realty 15
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Case WZ- 12-09/Dumindu and Seun Realty 15
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Case WZ-12 -t 9/Dumindu and Seun Realty
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair TIMMS at 7:02 pm. in the City Council
Chambers of the Municipal Building, 7500 West 29' Avenue, Wheat Ridge, Colorado.
2.
KI
EN
MEMO=
Staff Members Present: Sarah Showalter, Planner 11
Deborah Baker, Recording Secretary
PLEDGE OF ALLEGIANCE
i - Ilms 11111� I
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MM
Novem�er 1, 2012
Aftachment 3
I I Ll =I • won I =$# U7
This case was presented by Sarah Showalter. She entered into the public record the
contents of the case file, the zoning ordinance, the digital presentation and the
Comprehensive Plan. All notification requirements have been met and there is
jurisdiction to hear the case. She reviewed the staff report and digital presentation.
Staff recommends approval of the zone change.
Commissioner BRINKMAN asked if the owner of the property also owns Advance
Auto located to the north of the property. Ms. Showalter replied that the current
Parts property.
Commissioner BRINKMAN expressed concern about potential parking issues since
the lot is so small, In response to her question, Ms. Showalter stated that staff will
evaluate parking needs during the administrative revic'%4 and ensure that zoning
requirements are met.
in respTnsc MT TTMrJYAYTtX
slope is not an issue with this property.
commercial lot or the subject property, Ms. Showalter replied that she is not sure
since survey documents were not researched for this case.
Planning Commission Minutes - 2 -
November 1, 2012
has no minimum lot size. MMTKY - Merstan(ling T'_1aFWe_fff#_ zone district
Suen Phommatha
11773 Gray St., Westminster, CO 90020
expected more adverse comments from the neighborhood meeting, and he was
pleased there were not, as he "V PC
build up the City.
In response to Commissioner BRINKMAN'S question about whether the residential
development will be for-sale or rental, Mr. Phommatha stated that he is unsure but
wishes to live in the area.
Chair TIMMS opened the public hearing.
John Montoya
3755 Benton St., Wheat Ridge, CO
Mr. Montoya stated that he is in-au_nport of the
him that he wants to build a single-family home and potentially add his consulting
business as a home occupation.
Britta Fisher
3106 Benton St., Wheat
Planning Commission Minutes -3-
November 1, 2012
Ms. Fisher stated she is the Executive Director of Wheat Ridge 2020, as well as a
resident on Benton St. She stated that she thinks expanding the zone district makes
sense. She is encouraged to see vacant land being attractive for investment and
development, and is happy to work with anyone wanting to do that in the City.
M e�
Commissioner BRINKMAN stated she is in favor of the zone change request, but is
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the subject lot, not the commercial property next door.
It was moved by Commissioner OHM and seconded by Commissioner DURAN
to recommend APPROVAL of Case No. WZ-12-09, a request for approval of a
zone change from Planned Residential Development (PRD) to Mixed Use-
Neighborhood (MU-N) for property located at 3775 Benton Street, for the
following reasons-
Motion passed 7-0.
Chair TIMMS stated that the case will go to City Council • January 14, 2013, and he
invited all interested parties to attend that meeting.
Planning Commission Minutes -4-
November 1, 2012
A. LiveWell Wheat Ridge Presentation
activities to the Commissioners,
0, 1
74 1 1 1 7 0 19AIA11 %ORWR= I — assessment ana took
note of the comments that there has not been enough consideration of continual
benches. Wheat Ridge has an aging population, and if there are adequate benches, it
encourages people to walk, then stop; walk, then stop. She would like to see more
benches placed in the appropriate areas.
MSOMO
with the trees and contiguous sidewalk. This is the type of environment people said
that they wanted to see on the rest of the corridor,
off 38 Avenue, such as Founders Park, that people would not necessarily be aware
*f
WINEE "#V:I9I't4IVV3j5
Planning Commission Minutes
November 1, 2012
Planning, Commission Minutes -6-
November 1, 2012
1/15/2013
1/15/2013
1/15/2013
Current Zoning: PRD
- Rezoned from Commercial One (C -1) to
Planned Residential Development (PRD) in
2007
- Use: single family home only
- Max height: 35 feet
- 5 foot setback to south
Mixed Use - Neighborhood (MU -N)
Uses: residential, limited commercial, or mix
Building design: high quality architecture
Height:
— 35 foot max if any residential use (same as PRD)
— 50 foot max if all commercial with buffering and
step back requirements
Next step: site plan review required
1/15/2013
1/15/2013
Process
Neighborhood Meeting:
— Held on September 18, 2012
— Nine people in attendance
— Discussed permitted and proposed uses, required
setbacks and landscaping
Referral:
— No concerns from any agency
Comprehensive Plan
— Main Street Corridor
— Priority
redevelopment area
— Small -scale mixed -
use infill
— Community
commercial center
at Sheridan and 38th
Site
38 Avenue Corridor Plan
— Mixed use
redevelopment
— Encourage quality
infill development,
with a focus on
medium density
residential, that
creates new housing
opportunities
Site
Staff concludes:
Staff Recommendation
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
— Zone change will not impact public welfare
— Site is vacant and underutilized
— MU -N may increase likelihood of development
and provides transition between commercial and
two - family residential
Staff recommends APPROVAL of the request.
1/15/2013
City Council Minutes November 26, 2012 Page 4
I M
kmgmi ;1110 = � illillilli'l' �
Council Bill No. 27-2012 — 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-1 2-09)
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,
Council Bill No. 28-201g — An Ordinance approvin&the Vacation of Sidewalk and
Streetsca• e Easements adjacent to 5995 West 38 Ave.
In conjunction with the redevelopment of property at 5995 W. 38 1h Avenue, current right-
of-way easement areas are being dedicated to the City. See Consent Agenda Item I •
Existing sidewalk and streetscape easements are now redundant.
Motl2n by Mrs. Jay to approve Council Bill No. 28-2012, an ordinance a rovin the
pp h
vacation of sidewalk and streetscape easements adjacent to 5995 West 38 Avenue,
+n 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
.• , Mr. Reinhart; carried 8-0.
5. Resolution No. Q — Adopting the City Budget and Appropriating sums of
money to the various funds and spending agencies in the amounts specified for
the City
• Wheat Ridge, Colorado for the 2013 Budget Year.
M��
T INUf afrearning,577 Flit LF] trTiergenc�-fi�F
and Hardware Purchase I
: N
XWW"t"Pr e rezTning Tr7M77rty locatea at
12600 W, 42 Avenue from Agricultural-One (A-1) to Mixed Use- Neigh bo rhood (MU-N) on first reading, order it
published, public hearing set for Monday, January 14, 2013 at 7 pm. in City Council Chambers, and that it take effect 15
days after final publication; seconded by Mrs. Langworthy; carried 8-0.
3. Council Bill No, 27-2012 — 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.
Th is w a s a ft e r t h e bo u n d a ri��j I i n e s we re d ra w n f o r t h e M U - N co r r i d or
can only include single-family residential. Rezoning to MU-N will provide more flexibility for development and
allow for increased density.
4. Council Bill No. 28-2012 — An Ordinance approving the Vacation of Sidewalk and Streetscape Easements
adjacent to 5995 West 38 Ave.
M�
ITEM NO: 3,
DATE: NovgIL'*,VL-
.
PUBLIC HEARING 0 ORDINANCES FOR I S' READING (11/26/2012)
BIDS/MOTIONS El ORDINANCES FOR 2 N° READING (01/14/2013)
RESOLUTIONS
November 26, 2ill
012
Page 2
The Planning Commission stall report ana meeting Minties, wi 'fit
packet for second reading. I
FINANCIAL IMPACT:
and attracting strong households.
11 x #I.VM.MMVIN
November 26, 2012
Page 3
REPORT EJRPARED BY:
Sarah Showalter, Planner 11
t
ar M
WHEREAS, the City ■ Wheat Ridge has adopted the 38 Avenue Corridor Plan,
which calls for the mixed use redevelopment of the 38 Avenue Corridor; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
*F WHEAT RIDGE, COLORADO:
LOT 2, CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
I IT.
010!§ MM6,11 'M1Q*1**1j11TAQj21 I
Attachment I
S2ction 6: Effective Date. This Ordinance shall take effect 15 days after final
publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading tz
a vote of to , this day of 2013. 1
SIGNED by the Mayor on this _ day of 201 9
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OR MR I
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Properties within 100 feet
Propeq owners that submitted protest
0 50 1 200
300
400 det
Aftac
The council shall have the power to amend, supplement, change, or repeal the regulations,
restrictions and boundaries of zoning districts within the city. Such changes shall be adopted by
ordinance after a
be heard.
In the event of a protest against such changes signed by the owners of twenty (20) percent
M r more of the area:
(1) Of the property included within the proposed change; or,
(2) Of those immediately adjacent to the rear or any side of the property, extending one
hundred (100) feet from the property; or,
(3) Of those directly opposite across the street from the property, extending one hundred
(100) feet from the street frontage of such opposite property,
(As amended 7-12-83, Effective upoo adoption 7-12-83)
AGENDA
November 1, 2012
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on November 1, 2012, at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
ql"Wheat Ridge. Call Heather Geyer, Public In rination Q1
0 ficer at 303-235-2826 at least one week in
advance qf a meeting if are interested in participating and need inclusion assistance.
A. Case No. WZ-12-09: An application filed by Dunimdu and Scun Realty for a
request for approval of a zone change from Planned Residential Development (PRIG)
to Mixed Use-Neighborhood (MU-N) for the property located at 3775 Benton Street.
A. LiveWell Wheat Ridge Presentation
9. OTHER ITEMS
k
up
9
I
a
The meeting was called to order by Chair TIMMS at
'PJ
Chambers of the Municipal Building, 7500 West ul
j
1,
ROLL CALL OF MEMBERS 0
Commission Members Present: Anne Brinkma
Alan Bucknam
i. in the City Council
, Wheat Ridge, Colorado.
k, Planner I
" Recording Secretary
71,1777,175- 77,
113
It r AM to appr Nt oved by Co' issioj6ATTHEWS and seconded by Commissioner
'
�
BU N 4 RMI"'
" the or 7
of the agenda. Motion carried -0 with
&
Commi N abstaining.
...... . . .... M
Al'PR
ES — September 6, 2012
" INN
It was moved issioner MATTHEWS and seconded by Commissioner
DURAN to approve the minutes of September 6, 2012. Motion carried 6-0 with
Commissioners GUILDNER and BUCKNAM abstaining.
PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes
October 18, 2012
A. 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 propert- d
y located at 12600 W. 42 Avenue.
Prior to introduction of this case, Commissioner GUILDNER requested that she be
recused from the case because she has known the applicants for a long time.
so
M2=
Commissioner GUILDNER left the
This case was presented by Lauren Mikulal
contents of the case file, the zoning ordinat
notification and posting requirements have
case. She reviewed the stafff' pbrt"and the
approval of the zone change.
the vote.
She entered into the public record the
. and the,digital presentation. All
en met. There is jurisdiction to hear the
Lfitalbresentation. Staff recommends
Commissioner OHM asked if the pity or applicant considered pedestrian and bicycle
access to the Clear Creek Trail. that the proximity to the trail has
been of interest:'to the aibD but direct `access hay not been considered at this time..
In response to Corninissioncr BRINKMAN's question, Ms. Mikulak replied that she does
not know if the i)rotJe'ftvjs irorabuts the'hoodplain.
issioner BRINKMAN said that shy has seen what looks like evidence of parking
property. Ms. Mikulakwas not aware of what was making the marks. Staff has
I with applicant to clarify parking or storage is permitted on a property without
01
Commissioner BRINKMAN asked for clarification on the location of rig it of way lines
shown on the map. Ms. Mikulak confirmed the right-of-way line is set back fi 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.
Commissioner MATTHEWS commented that the back of the lot going down to the creek
is very steep and approximately 20 feet above Clear Creek, so that would likely answer
Commissioner BRINKMAN'S question that the property is likely out of the flood plain.
Planning Commission Minutes - 2 —
October 18, 2012
Commissioner MATTHEW asked if utilities will be undergrounded if this property is
developed. M. 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.
In response to Commissioner MATTHEWS' question about the Mixed Use zoning, Ms.
Mikulak explained that any portion of any building within 100 feet of a single family
home may be no taller than four stories, no matter what the uses of the building are,
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
Mixed Use-Neighborhood zoning does not get exempted so the 35- and 50-foot height
limits are hard caps.
AS
In response to Commissioner BUCK "§, ""'question about the to the east, Ms.
"011
N -01
Mikulak replied that it is the maintenal cility of the Prospect Recreation and Park
District, the district that maintains parks its corpox"NUpd Jefferson'County. In addition
to a small administration bui
the star "Ve maintenance tools icnic
, and p
es, maint
tables at that location. Ms. di not n regular business hours or the
frequency of the traffic.
Commissioner
warehouse aild'i"
not been for s'e"I
and the lower i
an
min=
confirmed that the devi
In response to Chair TI
Recreation District has
N
tskcd�',, there hid bupen an sion of rezoning to Mixed
t 0 M IXe U N,"'e i-gh"borhoo
"d ease of the proximity of
Us e - "'
there had
the proxz�t of single family homes to tl west and north,
district si*tsxore appropriate. Also, in N a
is per witted, " wla reas in MU-C it is not permitted.
wh&O* NC and RC parcels to the north were
they were rezoned at least 10 years ago. She
the lots is fairly recent.
I question, Ms. Mikulak stated that she thinks the Parks and
Tied the site to the east for at least 10 years,
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.
Planning Commission Minutes
October 18, 2012
-3—
In response to Chair TIMMS' question, Ms. Mikulak replied that no industrial uses are
allowed in MU-N.
Commissioner MATTHEW S asked if, the Grainger property across the street would be
allowed in MU-N. Ms. Mikulak replied that she is not familiar enough with the uses
inside of 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
added that wholesaling is a conditional use in MU-N because of associated trucks traffic
,ting mixed use zoning of the property. He
inesses, such as a hairdresser, florist, or gift
people can live, work, and recreate in the same
for their consideration of his request.
Rock knew why there are tire tracks in the dirt
since it is a vacant lot and a dead end street, and
llt site as a turnaround point, or use the area
`he fil' d about the flood plain when he
that at tt time of purchase they were
a. It is his understanding that it is 25 feet
- 4 MAN asked ck has met any of his neighbors besides at
)o M
m) r Roc stated that he knows the neighbor to the north, and
. 4 v�' , oc
assocat with 't eighbor to the west.
Chair TI 1, 1 noted tbaf11' c legal description is Lot I Block I of the Rock Subdivision,
and asked 1 d the property. Mr. Rock confirmed that he platted the
property i c onfirmed that previously the property was multiple lots and
it was cons 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 one
developable lot.
Chair TIMMS opened the public hearing.
Planning Commission Minutes - 4 -
October 18, 2012
Commissioner BRINII .MAN asked Mr. Boom if he
Express has brought into the neighborhood. Mr. Bo
considerable traffic, but since he is not Dome duri�
also brings in a lot of traffic. "
Commissioner BRINKMAN asked if t e sigi
Mr. Boom replied that there are no sig�� he dot
asked for it.
Ms. Beckfield e:
of Xenon at 44 "'
this zone chang(
neighborhood is
restricting truck traffic.
e neighborhood has
Xenon St. She has lived there
od. She expressed her
x�laat she perceives to be the
[d if tire is a ditch running through that
not now. In response to another
doesn't remember if it is the Slater
dissatisfaction with the diesel emission operation at the end
as concerned about the amount of traffic. She fears that if
, it will open the door to more of the same aggravations this
knn s how much traffic Grainer
iiks it has brought in
day lie can't be sure. The school
Planning Commission Minutes -5
October 18, 2012
Chair TIMMS asked if the Commissioners have any follow up questions.
Commissioner OHM asked if a photometric plan is rv , ' i and if there a limit on the
light that spills on adjacent properties. Ms. MikuJaR"""" ied that it is required for any
new development that has building mounted or,,,
t"""' ng lights. The code requires
-
that exterior lighting be shielded to avoid Dey, (I the property boundaries.
Commissioner OHM asked Ms
I Ixa that an aidtft,pair shop is not
permitted, because of the complaints a" ' the diesel shop brow gj f p in this meeting.
'g NJ,
i
Ms. Mikulak responded that repair, rentat. serer io ,of autonio with no outdoor
storage is listed as a conditional use in all m ti use ricts except f6fMixed Use-
conditional u p be needed for f t type of
Commercial Interstate, so a
business.
Commissioner BIKINI MAN asked why the ditch company and Public Works
Department had no comments on,the zone change, Ms. Mikulak explained the history
and current status of the ditch on the subject property, and explained that no comments
were generated because there is no specific use or site plan proposed at this time to
comment on.
In response to Commissioner BRINKMAN's question asking what the next step is for
this case, Ms. Mikulak replied that the next step is a public hearing before City Council.
The Planning Commissions will make a recommendation for approval or denial, but the
Council will ultimately decide. The case is scheduled for the City Council meeting on
January 14, 2013.
Commissioner BUCKNAM asked if there has been any conversation about subdividing
into two lots, and zoning both of them R- I or R-2 considering the agricultural and
residential uses existing on Xenon. Ms. Mikulak replied that subdividing under current
Planning Commission Minutes - 6 —
October 18, 20112
A- I zoning is not possible. The minimum lot size in A- I is I acre, and this property is
1.1 acres. Residential rezoning has not been discussed but could be considered.
Ms. Mikulak responded to Commissioner BUCKNAM's request for clarification on the
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 LaVojj#
,,Beckfeld. She stated that
although the Commission is challenged with the de vent of Wheat Ridge they also
have an obligation to the citizens who have lived" i orbood for many years,
Chair TIM S closed the public hearing.
Commissioner BUCKNAM commented, that a residential t ype � f ning may be more
appropriate than a mixed use zoning. His concerned about i too much
commercial or retail development into an area that may be better r purely
residential.
Commissioner WEAVER
provide a buffer, but an in
rather it seems to bc-cocoi
traffic as a rniqo
uses permitted if��
mad a but
them b5"110 ritinu
be bene# r l to
Em
.. . ...... iat she understands the intention of MU-N is to
a] use is not going to provide the buffer;
2
.
. .. .. .
qp t t . . in N4,&blie who spoke mentioned
s .... si et restrictions ...... .
R, 6,111
o pl ace res ctions on the types of
approved. ` „A,er brief discussion, Ms. Mikulak agreed it
-4 es i tions are difficult to enforce.
r
X
1
4`thanked N)"61 ghborbood for coming to the meeting and
.,,,,,,come to the meetings. She does not believe the zoning
t1 e ,Ii: borbood, explained her reasons, and said she will
Commissio ATT i
stated be does not thi mixed use development standards
S
9W
are appropriate thq ect lot.
Commissioner BUCAM stated that agrees with the applicant and staff in
recommending development of the site, but he thinks more appropriate development
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 reaso ns:
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 6-0, with Chair TIMMS voting no and Commissioner GUILD ER
recusing herself.
Commissioner GUILDNER returned to Council Chambers at 8:4
A,
8. OTHER ITEMS
P, r
" 'ga
• Ms. Mikulak reported that Kim WaggonerYiM. tile position of
V, ZI
Administrative Assistant to replace ili4d ferred to Public Works in
" '3 ft , 12 1 012.
September, She will be starting wog
Monday, Oct W,
J
'I
411
4� c suc cess M
• Commissioner e, cry
mmoner OHM commented It was a v
s of Ridge at'-1'1"'�
positive event for Wheat Ridge. �''��""I
1 "A" V
• city for Boards and Commission
Commissioner BRNKNW thanked the s
dinner on October 17 th
There were no other items to
Commission meding is sche
a
It was moved by
Steve Timms. Chair
Planning Commission Minutes
October 18, 2012
0.
1 1 loll
wried 8-0.
1174;rmllml3m
-81-
A
City of
"6 Wheat idge
MUNITY DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Sarah Showalter
DATE OF MEETING: November 1, 2012
CASE NO. & NAME: WZ -12 -09 /Dumindu and Seun Realty
ACTION REQUESTED: Approval of a zone change from Planned Residential Development (PRD) to
Mixed Use Neighborhood (MU -N)
LOCATION OF REQUEST: 3775 Benton Street (vacant lot)
APPROXIMATE AREA: 6,580 Square Feet (0.15 Acres)
PRESENT ZONING: Planned Residential Development (PRD)
PRESENT LAND USE: Vacant land
COMPREHENSIVE PLAN: Main Street Corridor
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
(X) CASE FILE & PACKET MATERIALS
(X) DIGITAL PRESENTATION
LOCATION MAP
P D
R -1 B PRD
.. - R -3 R -1 G
- • 2 R -1 A
_ R -2
Case WZ -12 -09 /Dumindu and Seun Realty
All notification requirements have been met; therefore, there is jurisdiction to hear this case
I. REQUEST
Case Number WZ -12 -09 is an application by Dumindu and Seun Realty requesting approval of a zone
change from Planned Residential Development (PRD) to Mixed Use - Neighborhood (MU -N) (Exhibit
1, Legal Description and Map).
The zone change is the first step in the process for approval of proposed new residential development
on the site. If approved, and prior to any construction, a Site Plan review will be required to confirm
that the proposed development meets the standards of the MU -N zone district. The proposed rezoning
area includes one parcel a total of 6,580 SF (0.15 Acres) in size (Exhibit 2, Aerial Map).
II. EXISTING CONDITIONS
Subject Property
The property is located at 3775 Benton Street, one property south from the southwest corner of 38`
Avenue and Benton Street. The property is currently zoned Planned Residential Development (PRD).
The parcel is Lot 2 of the Cadence Subdivision. In 2006 -2007, the property was rezoned from C -1 to
PRD through the Advance Auto Single- Family Outline Development Plan to allow for development of
a single - family home (Exhibit 3, Current PRD Zoning).
The parcel is rectangular in shape with an angled front property line along Benton Street. It is
approximately 50 feet wide. It is 125 feet long on the southern edge and 135 feet long on the northern
edge. The property is currently vacant and undeveloped. It is the only vacant parcel on this block of
Benton Street (Exhibit 4, Site Photos).
Surrounding Zoning and Land Uses
The property immediately to the north is zoned Commercial -One (C -1) and contains an auto parts
store (Exhibit 4, Site Photos). To the south are two Residential -Three (R -3) zoned properties with two -
family homes. Directly across the street, on the east side of Benton, are single- family homes zoned
Residential -One A (R -1 A). To the northeast of the property are two single - family homes zoned C -1
and a commercial property zoned C -1 fronting 38` Avenue.
Most of the properties to the north, northeast, and northwest of the subject property were part of the
recent legislative rezoning to Mixed Use - Neighborhood (MU -N) for the 38` Avenue corridor (Exhibit
S, Zoning Map with 38` Avenue Rezoning Boundaries). The MU -N zoning was approved by City
Council on October 22, 2012 but will not go into effect until November 24, 2012. The subject property
was not included in the proposed boundaries for the MU -N legislative zoning since staff used the
criterion that properties zoned PRD would not be included and staff was not aware at the time that the
current owner wished to be rezoned to MU -N. The current owner and applicant purchased the property
in summer 2012 after the proposed boundaries for the MU -N corridor rezoning were drawn.
III. PROPOSED ZONING
The applicant is requesting that the subject property be rezoned to Mixed Use - Neighborhood (MU -N),
a zone district intended for neighborhood commercial corridors and neighborhood commercial centers.
The zone district is established to encourage medium density mixed use development in which a range
Case WZ- 12- 09/Dumindu and Seun Realty 2
of residential uses are permitted, in addition to a limited range of neighborhood-serving commercial
and retail uses.
The current PRD zoning only allows for single-family development. The applicant desires to be
rezoned to MU- N to allow more flexibility for development of the lot. The applicant does not have a
specific development plan but has expressed interest in constructing a new residential use such as a
duplex. The applicant would like to build upon the City plans for the revitalization of 38"' Avenue, as
called for in the 38 Avenue Corridor Plan (2011), and develop a duality residential product that will
attract new residents
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 property more developable by allowing a wider
range of uses. The M, I U-N zone district also has enhanced architectural standards and requirements for
buffering adjacent to residential uses to ensure compatibility with neighboring land uses.
Case WZ- I 2-09/Dumindu and Senn Realty 3
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 September 18, 2012. Nine members of the public were
in attendance
All affected service agencies were contacted regarding their ability to serve the property. Any
applicant for development will be responsible for providing upgrades if needed. Referral responses
received are summarized below. Another referral process will be required when a Site Plan application
for development is made.
City of Wheat Ridge Public Works: There are no concerns with the zone change. Drainage and
traffic will be reviewed with future development proposal.
Wheat Ridge Fire District: No concerns.
Xcel Energy: No concerns.
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 tile 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 MU-N zoning is expected to add value to the subject property and to the surrounding
neighborhood by enabling new investment on the vacant parcel. It would provide a transition between
the commercial zoning and land use to the north and the R-3 zoning to the south. Height restrictions
and upper-story stepback requirements where adjacent to single- and two-farnily residential will
minimize impacts to adjacent single- and two-family homes.
Stqffconcludes that this criterion has been met.
Case WZ- I 2-09/13untindu and Senn Realty 4
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.
Staf
,fconchides that this criterion has been met
Staff concludes that this criterion has been met
Case WZ- I 2-09./Duniindu and Seun Realty 5
efforts to revitalize the street and encourage residential, commercial, and mixed use redevelopment
along the corridor.
Stqff concludes that this criterion has been tnet.
d. The proposed rezoning is necessary in order to provide for a community need that was
ti ill?te a the time of the adoption of the City of Wheat Ridge comprehensive plan.
The proposed rezoning does not relate to an unanticipated need.
Stqt
I fconcludes that this criterion is not applicable.
II I, I, 1 [ 1 � mill 1 1
M== I I I 1
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of this request.
OPTIONA:
"I move to recommend APPROVAL of Case No.WZ- 12-09, a request for approval of a zone change
from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for property
located at 3775 Benton Street, for the following reasons:
M• ,1
"I move to recommend DENIAL of Case No.WZ- 12-09, a request for approval of a zone change from
Planned Residential Development (PRD) for property located at 3775 Benton Street, for the following
reasons:
2.
Yl
Case WZ-12-09/13umindu and Seun Realty
EXHIBIT 1: LEGAL DESCRIPTION AND MAP
The property to be rezoned is legally described as:
LOT 2, CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
The property is depicted in the map below:
38TH-AVE
f 05300
0"'M aa3so
05310 co - 0=0 a
05100
co
03780 ' Q
03M 03M
a525o
03770 087111
037M 03718
i
03715
03710 011
03770
03711
0371
I
037 j 03730 03M
037
I�
03M 03705
i 03720 031
03725
H
(n 03703 03t
Z 03710 -- -
uj (n 03710 03715
Z 03881 ( ON
V 03700 m 03700 1
J : 03705 03055 +1
Case WZ- 12- 09 /Dumindu and Seun Realty 7
EXHIBIT 2: AERIAL MAP
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Case WZ- 12- 09/Dumindu and Seun Realty 8
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EXHIBIT 4: SITE PHOTOS
Case WZ- 12- 09 /Dumindu and Seun Realty
This is a view of the site from the south on Benton Street. The left shows the duplex that is south of the site and
the right shows the commercial use that abuts the site on the north.
This is a view of the site, which is the vacant grassy area, from Benton Street.
Case WZ- 12- 09/Dumindu and Seun Realty 10
This is a view of the vacant, grassy site from the north. The parking area is the parking lot for the commercial
use (auto parts store) north of the site.
This is a view of the two duplexes, zoned R -3, to the south of the site.
This is a view of the single - family home across from the site on the east side of Benton and the commercial use
at the southeast corner of Benton and 38` Avenue.
EXHIBIT 5: ZONING MAP WITH 38 AVENUE
REZONING BOUNDARIES
R -1 B
- R -1A
IiA
RAC
The purple line shows the boundaries of the new MU -N zoning approved by City Council on October 22, which
will go into effect on November 24
Case WZ- 12- 09 /Dumindu and Seun Realty
EXHIBIT 6: REZONING REQUEST FROM APPLICANT
Rezoning Narrative
In October 2011. the City of Wheat Ridge launched a revitalizing plan m order to attract
well rounded residences back to the city. bring in more businesses to generate sales revenues.
and b ui ld more modern h o mes to help false the property v ahle within the m street corridor. In
all effort to help redevelop the 38 Avenue Corridor Plan. I «'ould like to apply for 3 7 Benton
St. to be rezoned into a Mix Used (MU - site. The Current Zoning C1117Y11t1y oil that location
only allows a si n gle family home and I -, vould like to have more options to build on that site. The
rezoning in turn would appeal to attract young and upcolllillg professionals (Generation Y and Y
to Wheat Ridge. as it has done to the liighlands and west higlllalnds neighborhoods.
I understand a lot of questions will be raised regarding this matter. but I do have a reason
for lily plans. If the City of Wheat Ridge wants to increase foot traffic in general. the city- must
achieve all increase in population in the surrounding area. Closing one lane going east bound on
38 Avenue helps to slow traffic down and helps increase visibility to already exlstmg
businesses. Realistically. however. would people stop and take their time to walk around and get
to know the neighborhood or shop within the area'. Most likely not. since market research has
shown that people generally tend to staff and shop within a 2 Mille radius from their homes d11r1112
weekdays. This makes sense because after a lung day of work. people do not want to travel far
fi •o m their ponies and neighborhoods for food. entertainment. of recrea tions.
With that in mind. the 38 Ave nue corridor is a great place to start b uildi ng new ho
that will attract the young professionals who have just started their llely careers and the next
phase of their lives. If the City of Wheat Rid can entice t de to settle within the
area. it will open the door for businesses such as restaurants. clothilg stores. funliture stores. etc
to coille in Increasing the visibility of W heat Rid ge as well as g elleratnlg more revenue for the
city. I understand the city's vision for modernization a nd I see great potential for this
neighborhood. I silcerely hope we can work together and develop a great relationship to build
and improve �X heat Ridge's main street.
Case WZ- 12- 09 /Dumindu and Seun Realty 12
EXHIBIT 7.- NEIGHBORHOOD MEETING NOTES
A If W,
-
City of
�Wh6atfk
COMMUNmy DEvELopmENT ige
City of Wheat Ridge Municipal Building 7500 W. 29" Ave, Wheat Ridge, CO 80033-8001 P: 301235.2846 F: 301235.2857
Existing Zoning: PRIG, Planned Residential Development
Comprehensive Plan Main Street Corridor; Neighborhood
Designation:
Existing Conditions: The property is located on the west side of Benton Street, one lot south of
W. 3 8 1h Avenue. The parcel is addressed as 3775 Benton and is Lot's of the Cadence Subdivision.
Case WZ- I 2-09/Durnindu and Seun Realty 13
The property is zoned Planned Residential Development (PRA); specifically it comprises the
Advance Auto Single-Family PRD which allows only for the development of a single-home.
The subject property is currently a vacant, grassy lot. Based on Jefferson County Assessor
records, the lot is 6,580 square feet in size {0.15 acres).
Members of the public present: Nine members of the public were present. See attached
sign- up sheet.
The following issues were discussed:
What is the side setback required in an MU- N zone district? The "U-Nzone district
allows a O' side setback but au�y new structure would also have to meet separation
standards,fi-om adjacent structures as regulated y the Unffibrin Building Code.
Additionally il"the development abuts a single- or tivo-Jam ily home, as this property does to
the south, a minimum I O'landscaped setback-lbqf
,feu is required.
What is proposed to be built? At this point, the property' owner is not sure; perhaps
residential or liveliiwrk The properq is onIV 6580 square feet in size and will not
accommodate most commercial uses that are allowed in the zone district.
What is the maximum building height allowed in MU-N? The maximum building height
,for atty structure with residential in it is 35'. This is consistent with the height restriction in
the surrounding neighborhood.
Will the proposed use make noise for the neighborhood? Because it is lik-ell' that the use
will be residential development, it is doubtfid that it will contribute to noise in the
neighborhood. It was noted that a new structure on the property may se e as a buffer f fer and
will help mqffle noisefirom 3e Avenue and the Advance Auto parts store.
Where will the parking be? parking will occur on site; there may, be garages built for the
proposed residential use.
Will landscaping be required? Yes, the City will require installation of,15% landscaping
on the proper0i t f it is a single use development. 4'it is a mixed use development, 1 0%
landscaping will be required. There will also be the requirement for installation of `street
trees.
Case WZ- -0 IUuni ndu and Sean Realty 14
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Case WZ- 12 -09/Dumindu Add p Realty 16
11/2/2012
11/2/2012
11/2/2012
11/2/2012
11/2/2012
Mixed Use- Neighborhood (MU -N)
Uses: residential, limited commercial, or mix
Building design: high quality architecture
Height:
— 35 foot max if any residential use (same as PRD)
— 50 foot max if all commercial with buffering and
step back requirements
Next step: site plan review required
Site Analysis: MU -N
Lot size = 6,580 SF
l
Ali F
l
__- _ 4
_I*i�
J
11/2/2012
F
42'
1
1;' .4
-15"
36'
3 -Story Residential
Process
Neighborhood Meeting:
— Held on September 18, 2012
— Nine people in attendance
— Discussed permitted and proposed uses, required
setbacks and landscaping
Referral:
— No concerns from any agency
Comprehensive Plan
— Main Street Corridor
— Priority
redevelopment area
— Small -scale mixed -
use infill
— Community
commercial center
at Sheridan and 38th
Site
38th Avenue Corridor Plan
— Mixed use
redevelopment
— Encourage quality
infill development,
with a focus on
medium density
residential, that
creates new housing
opportunities
1 �I
l l
Site
Staff Recommendation
Staff concludes:
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
— Zone change will not impact public welfare
— Site is vacant and underutilized
— MU -N may increase likelihood of development
and provides transition between commercial and
two - family residential
Staff recommends APPROVAL of the request.
a'
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Zoning and URA
City of
Wh6atR dge
-- L
-�? DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge. CO 80033-8001 P: 303,235,2846 F: 301235.2857
October 9, 2012
Seun Phommatha
Duinindu + Scun Realty, LLC
1,0065 W. 44"' Avenue
Wheat Ridge, CO 80033
Dear Mr. Phommatha,
This letter is in regard to your request for approval of a rezoning to Mixed Use-Neighborhood (MU-N) at
3775 Benton Street in Wheat Ridge. The application for rezoning was placed on referral and the attached
responses were received:
City of Wheat Ridge Public Works Dej)artment. See attached comments
ftom Dai Brossman,
Development Review Engineer.
Wheat Ridge Fire Protection District.- No comments,
11 Sanitation District.- No comments.
Xcel Energy.- No comments.
C: fV7,12-09
wwwxi.wheatridgexoms
TO: Sarah Showalter, Planner 11
FROM: Dave Brossman, Development Review Engineer 4
DATE: September 28, 2012
I have completed my review of the zone change request from Planned Residential
Development (PRD) to Mixed-Use Neighborhood (MU-N) for the property located at
3775 Benton Street received on September 20, 2012 and I have the following
comments:
To Sarah - WZ- 12-09 _3775 Benton St (09-28-2012),docx
WHEAT RIDGE FIRE PROTECTION DISTRICT
DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS
3880 Upham Street Wheat Ridge, Colorado 80033 * ph.303,403.S900 # www.wrfire.org
Sarah Showalter
City of Wheat Ridge
RE: Community Development Referri
CASE No.. WZ-12-09/Phomaftha
The Wheat Ridge Fire Protection District has reviewed the Community Development
Referral and has no requirements or concerns regarding our ability to serve this
property,
Please feet free to contact me if there are any questions or concerns with respect to this
review.
=3=
Kelly Brooks
Fire Marshal
Wheat Ridge Sanitation District
7100 West 44th Avenue, Suite 104, P.O. Box 288
Wheat Ridge, Colorado 800,34-0288
Phone: 303-424-7252 Fax: 303-424-2280
4 W7 T, propeny,
The property is within the boundary and service area of the Wheat Ridge Sanitation District (WRSD),
The District has no objection for approval of the zone change from Planned Residential Development
(PRD) to Mixed Use- Neighborhood
If future modifications to the sanitary
-go
or a new sanitary sewer connection or easements are planned from the new rezoning, these
modifications/improvements w.ill require review by the District according to the Rules and Regulations
set forth by WRSD, which are available upon request,
• 111 1 * 0 1 , i $
9119EMInormufauluff. emm !I I �•
mm�
Bill Willis
District Engineer
MARTIN/MARTIN, Inc.
XcelEnergysm
PUBLIC SERVICE COMPANY
ZWT at- IM mm u n ity-Wevelopmen?
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
EZZJ I
101 1 3 1 1111 1111 1 11111
11:1
Right of Way & Pertnits
1123 West 3' Averwre
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 5713524
Public Service Company of Colorado has reviewed the request for the Phomaftha
Nezone.
If you have any questions about this referral response, please contact me at (303) 571-
33M
Donna George
Contract Right of Way Referral Processor
Public Service Company of Colorado
12
38TH & SHERIDAN LTD PARTNERSHIP
6500 SOUTH QUEBEC STREET
ENGLEWOOD, CO 80111
7012 1010 0001 7277 3199
ALDERFER CRYSTAL E
3730 CHASE STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3205
BARELA GEORGE EDWIN
5123 EAST 100TH COURT
THORNTON, CO 80229
7012 1010 0001 7277 3212
BNL PROPERTIES INC
2000 WADSWORTH BLVD
LAKEWOOD, CO 80214
7012 1010 0001 7277 3229
CHADWICK DIANACHADWICK DANIEL A
3709 AMES STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3250
DUMINDU & SEUN REALTY LLC
10065 WEST 44TH AVENUE
WHEAT RIDGE, CO 80033
7012 1010 0001 7277 3281
DURBIN MADELINE C
DURBIN CHARLES E
3703 AMES STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 329
BUGINO JUANITA
3770 BENTON STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3243
FISHER LEE E
FLOOD GLENN JFLOOD BARBARA A
FOURTH & MAIN CO
11301 WEST 40TH AVENUE
6034 YOUNGFIELD STREET
KORTZ FAMILY LLLP
WHEAT RIDGE, CO 80033
ARVADA, CO 80004
7600 EAST EASTMAN AVENUE
7012 1010 0001 7277 3311
W 7012 101 0001 7277
DENVER, CO 80231
7012 1010 0001 7277 3335
GODDARD JIMMIE D
GOODRICH BARBARA GWENN
HAMMO I N 11 S I DELTA I 11 MA I E
GODDARD MEDA
815 9TH STREET
RAEL VIDILIA LEE
108 SIOUX DRIVE
GOLDEN, CO 80401
3755 BENTON STREET
BERTHOUD, CO 80513
7012 1010 0001 7277 3359
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3342
7012 1010 0001 7277 3366
LIX THOMAS L
MARTIN RICHARD A JR
3745 CHASE STREET
3311 CHASE STREET
3765 CHASE STREET
DENVER, CO 80212
WHEAT RIDGE, CO 80212
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3373 7012 1010 0001 7277 3380 7012 1010 0001 7277 3397
MURRAY CHRISTOPHER M
MURRAY ALMA U
3739 CHASE STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3403
OLSON CHRIS BOYD
3730 BENTON STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3410
--------- - - ----
PAUL A & MARGARET D DIEDERICH FAMILY TRST
3770 CHASE STREET
WHEAT RIDGE, CO 80212
Po BOX 200850
DENVER , Co 80220
OLSON MARY SUZANNE
3735 BENTON STREET
WHEAT RIDGE, CO 80212
PHILLEO ENTERPRISES LLC
1106 12TH STREET
GOLDEN, CO 80401
7012 1010 0001 7277 3458
REISS BEVERLE T
7012 10103 0001 7377 3472 7012 1010 01001 7277 3459
1M l
7THEAT RIDGE, CO 80212
7012 1010 0001 7277 3496
RUSSELL LINDSEY
3711 AMES STREET
rRIMORWATITIMNUMMW
3817 SHERIDAN BLVD
3710 CHASE STREET
V RIDGE, CO 80212
7012 1010 0001 7277 3564
CURRENT RESIDENT/TENANT
3715 AMES STREET
999 /�
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3540
-- - -------------
WILSON PATRICK
WHEAT RIDGE CO 80212
70121010 0001 7277 3571
WHEAT RIDGE, CO 80212 WHEAT RIDGE, CO 80212 WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3588 7012 1010 0001 72,77 3595 7012 1010 0001 7277 3601
-----------
CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT
5300 WEST 38TH STREET 3719 AMES STREET 3725 BENTON STREET
WHEAT RIDGE, CO 212
7012 1010 0001 80 7277 3618
CURRENT RESIDENT/TENANT
3780 BENTON STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3625
CURRENT RESIDENT/TENANT
5390 WEST 38TH STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3632
CURRENT RESIDENT/TENANT
5400 WEST 38TH STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3649
- EURRENT RESIDENT/TENANT
5310 WEST 38TH STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 4554
CURRENT RESIDENT/TENANT
3775 CHASE STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 4585
CURRENT RESIDENT/TENANT
3705 BENTON STREET
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 3656
WHEAT RIDGE, CO 80212
7012 1010 0001 7277 4547
1-1.1, --- 1------ -----------
CURRENT RESIDENT/TENANT
3715 CHASE STREET
3710 BENTON STREET
70 12 1010 0001 7277 4646 7012 10 10 0001 7277 4622 7012 1010 0001 7277 4659
Ciq of Wheat Ridge Municipal Building 7500 W 29"' Ave. Wheat Ridge, CO 80033-8001 P 303.2351846 F: 303,2351857
BORMEXROM
w i�
This is to inform you of Case No. WZ-12-09 which is a request for approval of a zone change
from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for the
property located at 3775 Benton Street. 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:
� I I f M#IR 1 WORK1
As an area resident or interested party, gh e I cari an
submit written comments. , you have the ri t to art nd these Pub ic H ngs d1i
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of neat Ridge, Call Heather Geyer, Public Information Officer at
303-235-2826 at least one week in advance qfa meeting ifyou are interested in
participating and need inclusion assistance.
303-235-2846. Thank you.
Planning Division.
WZ]209,doc
www.d.wheatridge.coms
•
City of Wheat Ridge Municipal Building 7500 W. 291b Ave. Wheat Ridge, CO 80033-8001 P: 301235-2846 F. 303.235.2857
CERTIFIED LETTER NOTICE
S• '��
wzmsm���
This is to inform you of Case No. WZ-12-09 which is a request for approval of a zone change
from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N) for the
property located at 3775 Benton Street. This request is scheduled for public hearings in the
Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as
follows:
Planning,Commissi2jj- November 1, 2012 La) 7:00 g. m.
Qly Council januaEj 14, 2613, k, 7:00 p.m.
MWI -- -
submit written comments. YjVTT7ff=a7Tena triese u 1C ' and/
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City qf Wheat Ridge. Call Heather Geyer, Public Jnformation Officer at
303-235-28. at least one week in advance ofa meeting �fyou are interested in
participating and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
WEMMMMEM
WZ I 209Aoc
www.d.wheatridge.co.us
V - City of 7500 West 29th AvenLie
��Wh6 at _ C Wheat Ridge, Colorado 80033
Co uNiTy JN
Id 303.235.2846 Fax: 303.235,2857
mm Dwaop
-ig
T "
=MMM
Community Development Referral Form
Date: September 20, 2012 Response Due: October 5, 2012
The Wheat Ridge Community Development Department has received a request for a rezoning
of property from Planned Residential Development (PRD) to Mixed Use-Neighborhood (MU-N)
for the vacant lot located at 3775 Benton Street. No response from you will constitute having
no objections or concerns regarding this proposal.
Case No.: WZ-12-09/Phomaftha
Request: The request is to amend the approved landscape plan to accommodate
landscape improvements. The proposed improvements include updating the
landscaping and sprinkler system, reducing bluegrass areas, and installing 6
fitness stations along existing walks.
Case Manager: Sarah Showalter Voice: 303-235-2849 Fax: 303-235-2857
Email: sshowalter&i.wheatridge.coms
3775 Benton Street Vicinity Map (current zoning is PRD)
�clry or I �� MIXED USE ZONING
W�'1 MIXED USE NEIGHBORHOOD (MU -N)
� =at BETTER ZONING FOR A VIBRANT 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.
BUILDING HEIGHT
MAXIMUM BUILDING HEIGHT
Any building with residential use 35'
All other buildings 50'
• Building height limits match City Charter height restrictions
SETBACKS AND BUILD -TO REQUIREMENTS
SETBACKS
Minimum Side Setback
0'
Minimum Rear Setback
5'
Side and rear setback where abutting
single- or two - family residential
1 -2 story building = 10'
3 story building = 15'
4 story buildinp or higher = 20'
Setback = required minimum distance between a building and the nearest
property line
BUILD -TO AREAS
Allowed as a Conditional Use with separation requirements.
Primary Street Frontage
At least 60% of the build -to area
Build -to Area = Or -12'
must contain building facade
Secondary Street Frontage
At least 30% of the build -to area
Build -to Area = 0'- 12'
must contain building facade
Build -to Area = required area along the street /sidewalk that must be filled
with a building (see image to right)
Build -To Requirements
11�
I . 1^ bm of cu w t Stteet FL° ^tom
primary
z . ._ —•
60% of build-to area
Primary Street Frontage
AUTO- ORIENTED USES
Drive -Up and Drive -Thru Uses
Allowed as a Conditional Use with separation 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
in place prior to MU -N zoning.
Car Repair
Allowed as a Conditional Use. No overnight outdoor stora e.
Car Sales
Outdoor sales lots not allowed. Allowed as a Conditional Use
with indoor showrooms.
Gas Stations
Allowed as a Conditional Use with separation requirements.
Must be at least 1,000 ft from another gas station.
Note: separation requirements do not apply to gas stations in
lace rior to MU -N zoning.
Design Requirements for Drive -Thrus and Drive -Ups:
• Maximum number of 1 drive -up lane. Drive -up lanes visible from the street must be screened by a screen
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
d MIXED USE ZONING MIXED USE NEIGHBORHOOD (MU -N)
Wl=t[IZ BETTER ZONING FOR A VIBRANT WHEAT RIDGE
ZONE DISTRICT
RESIDENTIAL TRANSITIONS
Requirements for New Development Adjacent to
Residential Uses
Landscape Buffers and
6' buffer, in combination with 6'
Screen Walls
screen wall or fence, required for
surface parking lots and drive -
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'
Upper -Story Stepbacks
5' stepback per story for stories
(where adjacent to single- or two-
2 -4 (see image to right)
family residential)
OPEN SPACE REQUIREMENTS
Residential Transition:
Upper Story Stepbacks
Minimum Open Space Requirements
Mixed use development 10% of develo ment site
5inp,le use development 15% of development site
• Open space includes planted areas as well as hardscaped areas, such as a plaza
• Green roofs may count toward open space requirements
DEVELOPMENT REVIEW
• All sites are subject to administrative review only, through the site plan review process. No public hearings
are required for development review.
• Sites over 10 acres in size, or that have more than one phase of development, must submit a concept
plan prior to site plan review. Sites over 10 acres require a neighborhood meeting prior to submittal of the
concept plan
• Conditional Uses must go through an administrative review to meet specific criteria related to the impacts
of that use.
Meredith Reckert
From:
Sarah Showalter
Sent:
Monday, September 10, 2012 11:42 AM
To:
Meredith Reckert
Subject:
Rezoning phone call
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Meredith,
I spoke today with Lee Fisher, who lives at 3780 Benton St, about the proposed rezoning of the Phommatha/Auto Zone
rowerti. He said that he opoosed the rezonine to allow a duolex in the Dast. He asked if=t1is i�euj ow uixifts-1* 44_i?
I &C re r t re ..-Ig LournooTmuering OCT
he may write a letter of opposition.
City Of
Wh6lix
COMMUNITY MNILOPWNT
CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. if you are
not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received
this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any
network to which your computer is connected. Thank you.
Meredith Reckert
From:
Sarah Showalter
Sent:
Friday, September 07, 2012 3:33 PM
To:
Meredith Reckert
Subject:
Phommatha Rezoning at 38th and Benton
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Mere,
Seun must have sent his letters out because I received a call today from Dale Reed at 3705 Ames Street. He was curious
what the zoning would allow. I told him about the different uses allowed under MU-N but said that the applicant wants
to do residential.
I 1IU I I I i � Ki1111 of! 11 LWRZZWJNV��
0011 City of'
Wh6atNd 4e
MUNITY 01mt of*
MENT
CONFIDENTIALM NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above, if you are
not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received
this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any
network to which your computer is connected. Thank you.
Cit of CE
h e at OVE
W f�,:td 7,PZ
g e T 22y, Z I D
LAND USE CASE PROCESSING APPLICA,riON
Community Development Department
7500 West 29"' Avenue • Wheat Ridge, CO 80033 - Phone (303) 235-2846
(Please print oi- type a i
Applicant Address is (1,4, 6, S 6 41 Phone 3 e5 5S!
City State
Zip, -1.3
Owner Address 11773 57L Phone 9 5 - J 7,r SSl
State ------
Z11") Fax
Contact are ii i'-p— Address Phone
City State Fax
(The person listed as contact will he contacted to answer questions regarding this application, provide additional infiorination wb lice ar
ess post
public hearing signs, will receive a copy of the staffreport prior to Public Hearing, and shall be responsible t'()r forwarding all verbal and vvr itten
communication to applicant and owner.)
Location of request (address):_51 Eh,_,c_k_k /c/
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requireinews on r-everse shle
of zone or zone conditions
0 Consolidation Plat
7_1 l"lood Plain Special Exception
C1 Lot Line Actiustinent
7.1 Planned Building Group
Detailed description of request:
0 Special Use Permit 0 Subdivision: Minor (5 lots or less)
L1 Conditional Use Permit M Subdivision: Major (More than 5 lots)
0 Site Plan approval 71 Temporary Use, Building, Sign
Lq Concept Plan approval 0 Variance/Waiver (from Section
I Right of Wav Vacation 0 Other:
11 1
Z
Required information:
Assessors Parcel Nurnber: 3 3 63 1
Size of [.,of (acres or square footage):
C. ur rent; Zoning:,
Proposed Zojiitig./L-L - A)
Current Use: Proposed Use: - - ----- ------
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power- • c from the owner which approved of this action on his behalf.
aaaatttattr #rr try
Signature of Applic-
0 'bed and sworn t tale clay of 20
\A 0
PuBoc 0 �F
Notary Publi
NI L
0 My cortirniss expires
O F C OV
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T o be fi lled out b y sta ' Ex 0 e15
Date rcceived
Comp Plan Desio
Related Case No,
Fee Receipt No, Case No,
%canaaa -- - ---- p
Quarter sL ion Ma
,
Pre-App Mtg, Date ---- Case khnaocr
------ L_ __ _
Submitt
C3`6�iiginal signed & notarized Application Form
-1
6 ec $ (Ainount subinitted per Fce Schedule)
Letter of request indicating full intent and purpose of request
i , proof of ownership (Copy elf Recorded Deed)
0 Limited Power of Attorney (if applicant is not ownei)
M Certified Survey of the property
CJ Rights Certification (Change cif" Zone, Special Use, Condilional Use, Subdivision and Plan Development)
0 Site Plan: (If page size is 24"x 36", insist pr 11 "x 17" reductiota)
(Special Use, Conditional Use, Variance, Planned Building Group, Planned Development, Site Plan, Concept plan)
M elghborhood rnecting
(exccm,fin P'lood Plain aweption, Site Plan, Concept Plan, Conditional Uws% RIPS; and Variances-)
7-1 Names and address of attendees
C-1 Date, tirne, location of meeting
0 Legal description (except (,`oncept Plans, Conditional t4sc� Special Uses, TURY and V'ariance, )
71 Building Elevations (optional)
711" opy of Pre-application niecting notes (rfapplicetble)
Additional Submittal Requirements:
M Copies of 16 fare - Bolded plans 24" x 36" and I reduction at I I" x 17" (# ofcopies deternuned by application type)
M Traffic Impact Report
(May be required for Change of Zone, Special Use, Conditional Use, Concept Plan, Site Plan, Subdivi
sion, and PD)
71 Drainage, Grading and Erosion Control Plan (Concept Plan, Site Plan, Subdivision and PL))
0 Mylars plus recording fees (See Fee Schedule)
(Will he required aftc• approval for Subdivisions, Rezonings. and Anncxations)
Please note: Incomplete application submittals will not be accepted.
There may be other items required that are not listed depending on type and complexity of application.
Rcviscd .51" 191,11
City o
h.C "
CitY Of Wheat Ridge Municipal Building 7500 Ridge,
.y 0
1.
Rev. 7/2012
760 W. 2e Avenue, Wheat Ridge, Colorad! o 80033 Planning Division 303-235-2846
F-IMU'llUllwi -- - , M
7 "M71 Tommunity 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.
oVwith
(Print name) (Pos=fionlJob �Title) (Entity applying for permit/approval)
(hereinafter, the "Applicant"), do hereby certify that notice of the application for
MEE=
set for public hearing on
�MWTMI • "I I am aut onzea • y 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 I b day of
By:_
2012076113 0712312012 02:49:06 PM
PGS 2 $16.00 DF $2.70
Electronically Recorded Jefferson County CO
Pam Anderson, Clerk and Recorder TDI 000 Y
I
4
Lot 2.
Cadence Subdivision Amendment No. 1, according to the Plat thereof recorded August 2a, 2006
at Reception No, 2006105190,
County of Jefferson,
State of Colorado,
general taxes for the current year and subsequent years and
attached hereto and by this reference incorporated herein,
IN WITNESS WHEREOF, the grantor(s) hasPiave executed i
STATE OF Colorado
X7.
COUNTYOF
Notay Public of the County and State first ve written, do
D
o Certify th t foregoi instrumentwrasackno edged before me this of Ju4, 2012
zm* "' ` r
* F'u'e No- 1492M
SPECIAL WARRANTY DEED
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CommuNiTy DEvELOP NT
Property location:
Existing Zoning:
Senn Phommatha
Yes
PRD, Planned Residential Development
Comprehensive Plan Main Street Corridor; Neighborhood
Designation:
A zone change to Mixed Use-Neigliborhood (MU-N) is consistent with the City's comprehensive plan
because the property is situated between W. 38 Avenues neighborhood commercial corridor—and a
residential neighborhood. Residential development would be permitted in the MU-N zone district.
Existing Conditions: The property is located on the west side of Benton Street, one lot south of W. 38"'
Avenue. The parcel is addressed as 3775 Benton and is Lot 2 of the Cadence Subdivision. The property is
zoned Planned Residential Development (PRD); specifically it comprises the Advance Auto Single-Family
PRD which allows only for the development of a single-home.
Surrounding properties have a variety of land uses and zoning designations. To the south, east, and west are
residential lots zoned Residential-One A (R- I A), Residential-One B (R- I B), and Residential-Three (R-3).
The parcels along W. 38 `x' Avenue to the north are currently zoned Commercial-One (C-1). The parcel
immediately adjacent to the north includes an Advance Auto business. It should be noted that a city-initiated
zone change is currently in process and may result in the commercial properties along W. 3 81h Avenue being
rezoned to Mixed Use-Neighborhood (MU-N).
The subject property is currently a vacant, grassy lot. Based on Jefferson County Assessor records, the lot is
6,580 square feet in size (01.15 acres) .
Members of the public present: Nine members of the public were present. See attached sign- up
sheet.
aM=
What is the side setback required in an MU-N zone district? The MC# Nzone district alloIvSa 0'
side setback but any new structure would also have to meet separation standardsfi-om adjacent
structures as regulated by the Uniform Building Code, Additionally, if the development abuts a single-
or two- -1b ff is r
. family home, as this propeqy does to the south, a minimum 10 landscaped setback q,
required.
What is proposed to be built? At this point, the property owner is not sure; perhaps residential or
live/work. The property{ is ono, 6580 square feet in size and will not accommodate most commercial
uses that are allowed in the zone district.
What is the maximum building height allowed in MU-N? The maximum building Height for- any
structure with residential in it is 35'. This is consistent with the height restriction in the surrounding
neighborhood.
Will the proposed use make noise for the neighborhood? Because it is likely that the use will be
residential development, it is doubtful that it will contribute to noise in the neighborhood. It was noted
that a new structure on the property mqy serve as a but th
,fer and will help muffle noisefirom, 38 Avenue
and the Advance Auto parts store.
Where will the parking be? Parking will occur on site; there may be garages built for the proposed
residential use.
Will landscaping be required? Yes, the City will require installation of 15% landscaping on the
propeqy if it is a single use development. IJ'it is a mixed use development, 10% landscaping will be
required. There will also be the requirement installation ql'street trees.
N
Zone Change Process
Step 1:
Pre - application Meeting
Step 2:
Neighborhood Meeting
Step 3:
Submit Complete Application
Step 4:
Staff Review, Referral
(Typically 15 days)
Step 5:
Comments to Applicant
Changes Necessary?
Step 6:
Publish Request/Post Properly for
Planning Commission Public Hearing
(15 days prior to public hearing)
Step 7:
Staff Report for
Planning Commission Public Hearing
Step 9:
Packet to City Council for 1st Reading
Step 11:
Resubmit Relevant Documents
(Based on Planning Commission
recommendation, if necessary)
Step 12:
Publish Request/Post Property for
City Council Public Hearing
(15 days prior to public hearing)
Step 13:
Packet to City Council for Public Hearing
-- - City of
W heat Ridge
COMMUNITY DEVELOPMENT
Vacant lot on Benton behind Advance Auto Parts
Proposed zone change from Planned Residential Development (PRD)
to Mixed Use - Neighborhood (MU -N)
City of
� -� W heat �dge
MUNITy DEVELOPMENT
Zone Change Criteria
For a zone change request, the Planning
Commission and City Council base their
decision on 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; and
2. Adequate infrastructure /facilities are
available to serve the types of uses
allowed by the change of zone, or the
applicant will upgrade and provide
such where they do not exist or are
under capacity; and
3. At least one (1) of the following
conditions exists:
a. The change of zone is in
conformance, or will bring the
property into conformance with,
the City of Wheat Ridge
comprehensive plan goals,
objectives and policies, and
other city- approved policies or
plans for the area.
b. The existing zone classification
currently recorded on the official
zoning maps of the City of Wheat
Ridge is in error.
A change of character in the
area has occurred or is occurring
to such a degree that it is in the
public interest to encourage
redevelopment of the area or to
recognize the changing
character of the area.
d. The proposed rezoning is
necessary in order to provide for
a community need that was not
anticipated at the time of the
adoption of the City of Wheat
Ridge comprehensive plan.
What is zoning?
All properties within the City of Wheat Ridge are zoned. Zoning regulates
what land uses are allowed and establishes standards for construction
including building setbacks, lot coverage, and building height.
There are many different zone districts within the City including residential,
commercial, industrial, mixed use, and planned development zoning.
What is a zone change?
A zone change is the process of changing the current zone district to a
different zone district. A property owner may choose to change the zoning
to use his property differently from what the existing zoning allows (e.g.,
residential vs. commercial).
All proposed commercial, industrial and residential applications for property
exceeding one acre in size must be rezoned to a planned development
district.
Why is a neighborhood meeting required?
A neighborhood meeting is required for all zone change requests. The
purpose of the meeting is to provide the opportunity for citizens to become
aware of the proposed development in their neighborhood, and to allow the
developer to respond to citizen concerns regarding the proposed project. All
residents within 600 feet are notified of the meeting.
How do I give my opinion on a zone change?
All public hearings for proposed zone changes are open to the public to
appear and give testimony. Testimony can include written correspondence
or a statement made at the public hearing. Any written correspondence
provided to staff will be forwarded to the Planning Commission and City
Council as part of the evidence of the case. All pertinent correspondence
should be routed through planning staff.
Can I contact my council representative?
Public hearings for zone changes are quasi - judicial in nature. This means
that the deciding body should make a decision only based on testimony
presented at public hearings. Please do not contact the Mayor, Planning
Commissioners, or City Council representatives to discuss the merits of the
case prior to the public hearings; it could jeopardize their ability to hear the
case.
What is a legal protest?
A legal protest is a formal, written protest which can be submitted by
adjacent property owners within 100' of a subject property. If 20% of
property owners on one side within a 100' radius file a legal protest, it
requires a three - fourths vote of City Council (6 out of 8 members present) to
approve a zone change instead of a simple majority (5 out of 8 members
present). A legal protest is usually filed after the Planning Commission
public hearing.
Community Development Department - 303 - 235 -2846 - www.ci.wheatridge.co.us
NJ
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CITY WHAT
98/22/12 18,58 AN
RUE' �," 0-0 7 AMOUNT
ZONING APPLICATION F 208.00
ZONE
PAYMENT RECEIVED
C 1KL4 ANOUNT
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MIXED USE ZONING MIXED USE NEIGHBORHOOD (MU -N}
V at
B FOR R LO ITTER 7OMNG A VIBRANT WHEAT MDGE
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.
zm���
* Building height limits match City Charter height restrictions
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with a building (see image to right)
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Stations Allowed as a Conditional Use with separation requirements.
Must be at least 1,000 ft from another gas station.
Note: separation requirements do not apply to gas stations in
Design Requirements for Drive-Thrus and Drive-Ups:
• Maximum number of 1 drive-uo
Drive-
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
Setback = required minimum distance between a building and the nearest
property line
r -TO AREAS
Primary Street r ntage
M
Build-to Area = 0' - 12'
Secondary Street Frontage
Build-to Area = 0' - 12'
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with a building (see image to right)
zzwWauffimm
W1
Stations Allowed as a Conditional Use with separation requirements.
Must be at least 1,000 ft from another gas station.
Note: separation requirements do not apply to gas stations in
Design Requirements for Drive-Thrus and Drive-Ups:
• Maximum number of 1 drive-uo
Drive-
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
Setback = required minimum distance between a building and the nearest
property line
MIXED USE ZONING MIXED USE NEIGHBORHOOD
45= P'i . og - I BETTER ZONING FOR AWSRANTWHEA1 RMGE ZONE DISTRICT
RESIDENTIAL TRANSITIONS
Requirements for New Development Adjacent to
Residen - Uses —
Landscape Buffers and 6' buffer, in combination with 6'
Screen Walls # screen wall or fence, required for
surface parking lots and drive-
thrus that are adjacent to a
residentially-zoned lot
Setbacks /Landscape Buffers 40gPgN 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'
- - -------- ___
Upper -Story epbacks 5'
ry stepback per story for stories
(where adjacent to single- or two- 2-4 (see image to right)
family residential)
....... ...
OPEN SPACE REQUIREMENTS
Residential Transition
Upper Story Stepbacks
• Open space includes planted areas as well as hardscaped areas, such as a plaza
• Green roofs may count toward open space requirements
•
Property appraisal system
GENERAL INFORMATION
Schedule: 451370 Parcel ID: 39-251-03-031 RrLqL-H"f
Status: Active Property Type: Vacant Land
Property Address: VACANT LAND Owner NarnM
Mailing Address: c/o CADENCE CAPITAL INVESTMENTS LLC BTS BENTON LLCI
08480 E ORCHARD RD 2400
GREENWOOD VILLAGE CO 80111
Neighborhood: 103 -
PROPERTY DESCRIPTION
Subd — tvision M — aff — w — .IU41 - 05 - CADINC-E-SUB
fl[RR '
Ugm - . 11 f
TAX INFORMATION
FIRE
jeffco.us/ats/displaygeneral.do?sch=451370&offset=O
L. zt
Specific Use Proposed
Seeking to rezone the Auto Zone lot, on 3 81h and Benton, from a single family housing to
a duplex housing site.
Proposed Construction Timing
Approximately estimated life time on the project from start to finish is 6 months.
Please see attached exhibit A
WA MITITI"Bu7m T(mmPf
and Glazing
Please see attached exhibit B for interior floor plans (Material, Color, Glass and Glazing
is to be determined)
Site Plan Concept Including Site Organization, Landscaping, Irrigation, Grading, Lighting
and Sign
Please see attached exhibit C
Zoning: Sub• :
Micro Dev dates:
00
Frontage 1: Class: Bike/Ped:
W..��
Floodplain: K No Ll Yes
Process
Ll
Curb /Gutter
Does the Streetscape Design Ll No
Ll
Yes, standard is:
Manual apply?
LJ
Neighborhood meeting
Ll
Zone change
LJ
Major subdivision
Ll
Special use permit
Ll
Building permit
Cl
Outline dev plan
Ll
Minor subdivision
Ll
Conditional use permit
L3
Site plan review
Ll
Final dev plan
LJ
Consolidation
LJ
Floodplain permit: I or It
Ll
Concept plan review
LJ
Planned building group
Ll
Lot line adjustment
Ll
Other:
Common Requirements
Does the ASDM apply? LJ No Ll Yes, contemporary Ll Yes, traditional Ll Yes, suburban
Trigger. New development or increase in building soft by 50% or more
Drainage report and/or plan? Ll No Ll Yes, preliminary When?
fl^ M
�• •.•
M.., *
Add'I Requirements
Ll
Curb /Gutter
Does the Streetscape Design Ll No
Ll
Yes, standard is:
Manual apply?
LJ
Site plan
Ll
Final plat
LJ
Soils test
J
PIA or SIA + LOC
Ll
Landscape plan
LJ
Photometric plan
J
Grading/erosion control
Ll
Development covenant
Ll
Building elevations
LJ
Streetscape plans
Ll
SWMP
LJ
HOA/CCR
Ll
Survey
LJ
Parkland dedication
LJ
CDOT access permit
Ll
Other:
Public Improvements
Ll
Curb /Gutter
Does the Streetscape Design Ll No
Ll
Yes, standard is:
Manual apply?
Ll
Sidewalk
Trigger: With building permit application,
Ll
Construct (submit streetscape plans with site
Trigger: New development, redevelopment,
Ll
plan or building permit; PIA or SIA with LOC or
or an increase in building soft over 50% on
Ll
development covenant for private improvements)
a collector or arterial OR now local street
serving mixed-usetcommercial uses
Ll
Payment in lieu (pay prior to BP issuance,
adjacent to any property on either side of
Ll
deposited in escrow to construct specific
the block, otherwise payment in lieu
LJ
streetscape improvements)
Are public improvements LJ No
Ll
Curb /Gutter
required?
Screening
Ll
Setbacks/build-to
Ll
Sidewalk
Trigger: With building permit application,
Architecture
Ll
improvements determined by PW Director
Ll
Amenity zone
C urb, gutter, or sidewalk trigger:
Ped route, collector, or arterial
Ll
Roadway construction/paving
Construction trigger preexisting sidewalk
Ll
Ditches
adjacent to any property on either side of
Ll
Utilities
the block, otherwise payment in lieu
LJ
Landscape (on site,
For subdivisions: Required for all new
Ll
Other:
streets; required on adjacent existing
street that is ped/trail route, collector, or
Ll
Construct (submit streetscape plans with site
arterial
plan or building permit; PIA or SIA with LOC)
Ll
Payment in lieu (pay prior to SP issuance,
fees may be used to construct anywhere in City)
Ll
Development Covenant (deferred
improvement agreement, only an option for
subdivisions, per 26-413,C)
Did we discuss everything?
J
Parking
Ll
Screening
Ll
Setbacks/build-to
Ll
Easements
LJ
Architecture
Ll
Accessory structures
LJ
Lighting
J
Signs
Ll
Use
Ll
Ditches
Ll
Nonconformities
Ll
Case history
LJ
Landscape (on site,
street trees, buffers)
4 City of
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WHEAT RIDGE CO 80212 COMMR
38TH & SHERIDAN LTD PARTNERSHIP
6500
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300
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80111 381,7
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WHEAT RIDGE CO 80212 COMMR
38TH & SHERIDAN LTD PARTNERSHIP
6500
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80111 3817
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WHEAT RIDGE CO 80212 COMMR
80212 PROPERTIES LLC
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4221
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80513 5310
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80513 5310
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80513 5310
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18300
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3745
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SHERIDAN
BLVD
WHEAT RIDGE CO 80212 RESID
SHERIDAN
BLVD
WHEAT RIDGE
CO
80212
3733
SHERIDAN
BLVD
WHEAT RIDGE CO 80212 RESID
DONOVEN
ST
STRASBURG
CO
80136
3710
BENTON
ST
WHEAT RIDGE CO 80212 RESID
AMES
ST
WHEAT RIDGE
CO
80212 7085
3654
AMES
ST
WHEAT RIDGE CO 80033 MULTI
W 38TH
AVE
WHEAT RIDGE
CO
80212
5501
W
38TH
AVE
WHEAT RIDGE CO 80212 RESID
CHASE
ST
WHEAT RIDGE
CO
80212
3775
CHASE
ST
WHEAT RIDGE CO 80212 COMMR
SHERIDAN
BLVD
WHEAT RIDGE
CO
80212
3715
SHERIDAN
BLVD
WHEAT RIDGE CO 80212 RESID
BENTON
ST
WHEAT RIDGE
CO
80212
3740
BENTON
ST
WHEAT RIDGE CO 80212 RESID
BENTON
ST
WHEAT RIDGE
CO
80212
3740
BENTON
ST
WHEAT RIDGE CO 80212 RESID
CHASE
ST
WHEAT RIDGE
CO
80212
3740
CHASE
ST
WHEAT RIDGE CO 80212 RESID
AMES
ST
WHEAT RIDGE
CO
80212 7086
3645
AMES
ST
WHEAT RIDGE CO 80212 RESID
JEFFERSON COUNT PKWY 2520
GOLDEN
CO
80419 2520
VACANT LAN
WHEAT RIDGE CO 80212