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Home My WebLink AboutWZ-12-10C 01'Y 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 2•-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of t! e Code of Laws." J ill 11 Enclosure: Copy of Ordinance Draft of Minutes cc: WZ- 12-10 (case file) www.d.whestridge.co.us CITIZENS' RIGHT TO SPEAK DRAFT Eugene Shirley spoke about stimulus spending. It's a waste of taxpayer money, doesn't work and he fears socialism soon overtake capitalism. He asked the Council to do taxes, not fees, so the people can approve them, He wishes Council would stop spending money on things like parks, the 38 th Avenue experiment, the extra spending at Crown Hill, extra money for Walgreens, a new logo, trips to Washington DC, etc. He thinks Council should quit wasting taxpayers' money and just say no. I Ronald Jensen addressed a property tax lien on his property for gutters that were put on his house by the City. This happened when he was ill and he is being charged for it. He doesn't believe gutters are required and thinks the workmanship is shoddy. He raised concerns about conflict of interest because the person who complained is the same person who ultimately did the gutter work. - The Mayor asked him to speak with the City Manager or Ken Johnstone right now about this. Jordan Mencher spoke about the County's plans for development at Crown Hill and informed Council there is lots of public opposition to this. People want it kept natural. He encouraged folks to go • crownhill@ieffco.us and sign up to do the survey the County will be conducting. MY n Bout Crown in since we gotten so many calls, all negative, about the development plan. The Mayor said things are on hold now and advised that we wait, Mr. Reinhart agreed. Avenue. Reasons included increased traffic congestion, traffic diversion to neighborhood streets, cut-through traffic, speeding on side streets, accidents, safety issues, unsightly aesthetics, and the back-in parking. She encouraged the return of 38 Avenue to being a major thoroughfare. iff?Z-M =VtN stricter design standards would be in place. Staff recommends approval. Uri Se'CUIIU FtdUffig dflU effect 15 days after final publication, for the following reasons- 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 • the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 0 ; v • I - Tno ocortlpliT7Wff7ffU 26-112-E of the Code of Laws." 121HIEMEMM # WILMNWI IM 2. Resolution No. 10-2013 - amending the Fiscal Year 2013 Budget to reflect the approval of a Supplemental Budget Appropriation for the re-appropriation and re-encumbrance of 2012 Fiscal Year Encumbered Funds in the amount • $802,682.32 MMUMM This budget appropriation covers 35 open purchase orders for projects in the 2012 budget that are not fully completed and need to be carried over into 2013. The funds will be distributed for the General Fund, the Capital Investment Fund, the Open Space Fund and the Conservation Trust Fund. Motion • Mrs. Langworthy to approve Resolution No, 10-2013 - A resolution amending the Fiscal Year 2013 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance • 2012 fiscal year encumbered funds in the amount • $802,682.32; seconded by Mr. DeMott; carded 8-0 3. Resolution No. 09-2013 - approving the renewal and amendment of an Intergovernmental Agreement for ambulance services among the City of Wheat Ridge, the Wheat Ridge Fire Protection District and Rural/Metro of Central Colorado dba Pridemark Paramedic Services, LLC COUNCIL • y ORDINANCE • Series of 2013 AN ORDINANCE APPROVING PROPERTY LOCATED FROM RESTRICTED COMMERCIAL (RC) TO MIXED i USE-NEIGHBORHOOD (CASE ` SUBDIVISION, OF COLORADO S V P of this zone # # #e not create a vested property right. Vested # # # . ""` rights only # accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. declares Section 3. Saf,!Lty Clause. The City of Wheat Ridge hereby finds, determines, and ordinance promulgated under general police power #f the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 14 th day of January, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, February 11, 2013 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 2GP Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote • 8 to 0 this I I th day of February 2013. SIGNED by the Mayor on this 12th day Of Februa 2013. Jer ( a I AI I,' It' I t t , , J1 A J 1 It A / anelle Shaver, City Clerk ist publication: January 17, 2013 2 nd publicatiow February 14, 2013 Wheat Ridge Transcript: Effective Date* March 1, 2013 2/11/2013 2/11/2013 Gt, j "c- "U G 1 4 9 ,, 9 iL-1 qn Looking west at 4335 Harlan Street �a- f ,t Harlan Street Zoning Restricted Commercial (RC) Existing residential ...can remain ...can convert to commercial Existing commercial ...can remain .can add accessory residence cannot convert to residential Mixed Use Neighborhood (MU -N) Allows new commercial, residential, or mix Comprehensive Plan Envision Wheat Ridge — Commercial corridor — Encourages mix of uses — Provides housing options Staff Recommendation Staff recommends APPROVAL of the request: — Zone change will promote public welfare — Zone change to MU -N supported by adopted plans — MU -N is compatible with surroundings — Planning Commission recommends approval — December 6, 2012 public hearing The proposed rezo area include # parce t h e t ot a l of a 0.29 acres. The purpose of the zone change is to expand possible uses for the property including the option of converting the existing structure back to a residential occupancy. �. C . ## # #. # # ## # ,# y - i plan review would be -# -# to confirm proposed # ## e x t h e stan o mixed use # d istr i ct. Case N o. W - I2- 1O/Fema dez WMWRMW February 11, 2013 Page 2 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. There were no recommended conditions of approval. One neighbor provided testimony and did not object to the request. The Planning Commission staff report and meeting minutes are attached. RNANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,086.25 were collected for the review and processing of Case No. WZ-12-10. BACKGROUND: various types of office uses and a limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built as a single family home in 1954. Since that time, the building has been converted for commercial use. A Certificate of Occupancy issued in 1975 indicates that commercial uses have existed since at least that time. Most recently, the site served as offices for insurance and financial planning businesses. The property retains a residential appearance with a landscaped front yard and mature trees. At the comer of Harlan and W. 40 Avenue are two larger commercial parcels including a WeIIII Fargo bank and a pawnbroker. Behind the subject site to the west is a residential neighborhoo zoned Residential-Two (R-2) and Residential-Three (R-3). I • MY= February 11, 2013 Page 3 Unlike a Restricted Comm&rCWALe,%iYW Mixed Use-Neighborhood zone district. The applicant has expressed a desire to convert the ie suEject property back to a residential occupancy. The MU-N zoning will allow for the desired I _ residential use and will also preserve the possibility of live/work or commercial uses for future] tenants. Review Process The application has been through the standard referral to City departments and outside agencies. There were no objections, and no utility upgrades are required. At this time, the applicant is not proposing any redevelopment of the property; a separate referral process would be required in the future if redevelopment was to occur. I M I move to deny Council Bill No. 01 -2013. an ordinance approving a rezoning of property located at 4335 Harlan Street from Restricted Commercial (Rc) to mixed Use-Neighborhood (MU-N) for the following reason(s): J . ... and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." CITY OF 1t INTRODUCED COUNCIL MEMBER JAY COUNCIL • ORDINANCE Series of 2013 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 43U HARLAN STREET - O RESTRICTED CO • M • Chapter . of Ridge •o• of .• Drocedures for • .•• s a -s e • r NOW THEREFORE BE IT ORDAINED III COUNCIL OF WHEAT RIDGE, D EAST Y20F LOT 5, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Attachment I welfare of the public and that this ordinance is necessary for the preservation • health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. . Effective Date. This Ordinance shall take effect 15 days after fin publication, as provided by Section 5.11 of the Charter. i INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 10 day of January, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, February 11, 2013 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 tt ' Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this _ day of 2013. SIGNED by the Mayor on this day of 2013. I M-AMIUO29= Janelle Shaver, City Clerk OW 1. 1 I St publication: January 17, 2013 2 nd publication: Wheat Ridge Transcript: Effective Date:, City Of /MUNI WheatRi e TY v DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: December 6, 2012 CASE NO. & NAME: WZ -12 -10 / Fernandez ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 4335 Harlan Street APPLICANT(S): Arturo Fernandez PROPERTY OWNER(S): Arturo Fernandez (DBA Enrex, LLC) APPROXIMATE AREA: 12,750 Square Feet (0.29 Acres) PRESENT ZONING: Restricted Commercial (RC) PRESENT LAND USE: Converted residential structure, used most recently for professional offices COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITE Case No. WZ- 12- 10 / Fernandez Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ -12 -10 is an application by Arturo Fernandez requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) for property located at 4335 Harlan Street (Exhibit 1, Improvement Survey Plat). The proposed rezoning area includes one parcel, the total area of which is approximately 0.29 acres (Exhibit 2, Aerial). The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy. II. EXISTING CONDITIONS Subject Property The property is located at 4335 Harlan Street which is in the northeast quadrant of the City, three lots south of W. 44 Avenue. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented; it is not intended to include general retail uses that serve the community or region, and it does not allow higher impact uses such as wholesaling, warehousing, or outside storage or display. The subject property is part of Karen Subdivision and is 12,750 square feet (0.29 acres) in size. The primary structure on the property was originally built in 1954 as a single family home. Since that time, the building has been converted for commercial use. A Certificate of Occupancy issued in 1975 indicates that commercial uses have existed since at least that time. Most recently, the site served as offices for insurance and financial planning businesses. The landscaped front yard has been retained; a wide driveway and paved backyard have provided off - street parking for commercial tenants (Exhibit 3, Site Photos). Surrounding Zoning and Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded to the north, south, and east by other properties zoned commercially (Exhibit 4, Zoning Map). Between W. 43` and W. 44` Avenues, all but one property on Harlan is zoned RC. Many of the properties on this block are converted residences and include businesses such as a dental office, antique shop, acupuncturist, and offices for an electrician and home cleaning service. The property immediately to the north of the subject lot is zoned RC and is used as a single family home. At the corner of Harlan and W. 44"' Avenue are two larger lots with split zoning: Commercial -One (C -1) and RC. These parcels include a Wells Fargo bank and a pawnbroker. Behind the subject site to the west is a residential neighborhood zoned Residential -Two (R -2) and Residential -Three (R -3). III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use - Neighborhood (MU -N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in Case No. WZ -12 -10 / Fernandez ,NIU -N Rcwith ASIMI 'I'lli" I X�, , � , 'N I I '-' RC NN iii ASIM The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan—Envision Wheat Ridge. The is describes Harlan Street as a NeighborhoodCommercial which is envisioned as small-scale, pedestrian.fTiendly, mixed-use corridor. Although Harlan is classified as a collector, in the s*ect block the street is designed to feel walkable and neighborhood-oriented with detached sidewalks, patterned pavers, and several street trees. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial (RC) zoning designation as it appears on the City's zoning map. Staff concludes that this criterion is not qphcaW The proposed rezoning does not relate to an unanticipated nee& Staffconcludes that this criterion is not applicable. Case No. -1 -1 /Fernandez 5 Comments received relate only to the zone change request. No comment was received from the water district, fire district, Economic Development Division, or Building Division. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process would be required in the future if redevelopment was to occur. At this time, the applicant is not proposing any redevelopment of the property. Because the zone change evaluation criteria support the zone change request, staff recommenj approval of the request. 1111MIKI !D2 Liog A;, I move to recommend APPROVAL of Case No. WZ-12-10, a request for approval of a zone chang trJ ffifort Jpstri jed i ercial to Mixed Use-Neighborhood, for property located at 4335 Harlan S IMAIII 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area." Case No, WZ•12-10 /Fernandez 6 ...., M 3t k� .„ '��u XW . tp'^R4 ya r L 4k � ♦� �. � 4 ry C L. N W � GC9 n w N Y} ^n IT r� ad ry pq• ✓ GG,,� o E0 J.. cw. ° svcim e4 -Ai S�'� •4{;" 6a`t`X s dRM; y M1 ; w � g $, S£C 4i: 45 fq¢Ei Fit p3stf - t F �tfii7d rr S48dYf'��,Ktw a� «s 6 4 4x< 5: ^t y' � IN Z2�tr t y o j �� p 1F "I�n rwx � Ms N ^n IT r� ad ry pq• ✓ GG,,� o E0 J.. cw. ° svcim e4 -Ai S�'� •4{;" 6a`t`X s dRM; y M1 ; w � g $, S£C 4i: 45 fq¢Ei Fit p3stf - t F �tfii7d rr S48dYf'��,Ktw a� «s 6 4 4x< 5: ^t Z2�tr � Ms N pr EXHIBIT 2: AERIAL IMAGE Case No. WZ -12 -10 / Fernandez EXHIBIT 3: SITE PHOTOS Case No. WZ -12 -10 / Fernandez 10 A view of the subject property looking west. The structure was built as a home and still retains a residential appearance with mature landscaping in the front yard. The freestanding sign that appears in this picture was the only indication that the property is zoned commercially; it has since been removed. The driveway on the southern side of the property provides access to the rear or the property wmcn nas been providing off - street parking for commercial tenants. Case No. WZ -12 -10 / Fernandez nis picture was taxen arter leaves naa fallen and provides a better view of the structure's front fagade. t ne tat to me norm is a single family nome winch is zoned Restricted Commercial (RC). t ne properties to the soutn (left) are also zoned Restricted Commercial. Many of the properties are converted residences which are now used for small businesses and office space. EXHIBIT 4: ZONING MAP Case No. WZ -12 -10 / Fernandez 12 XHIBIT 5: LETTER OF REQUEST October 19,2012 City of Wheat Ridge Community Development 2500 M 29` Ave. Wheat Ridge, CO 80033 Re: 4335 Harlan S t. —Zone han request Case o. W -12 -10 I Fernandez 13 EXHIBIT 6: NEIGHBORHOOD MEE'TING NOTE Attending Staff: Location of Meeting: 3um�� Existing Comp. Plan: wm "I 7500 W. 29 AvIlenue Wheat Ridge, CO 90033 4335 Harlan Street, m as Case No. -12 -1 t1 IFernandez 14 Commission Members Absent: 1= 0 A. ill I t I IV141 I . I - Attachment 3 A. Call No An application filed by Artizo Fernandez for approval of a zone change from Restricted Commercial (RC) to Mixed Use Neighborhood (MU-N) for the property located at 4335 Harlan Street. 9 s. the narrow 8.9 foot wide drive � " #eveloved in the future vr" Vs. Mikulak confirmed that this would John Lang 4375 Harlan St., Wheat Ridge, CO Planning Commission Minutes 2— December 6, 241 2 • ty Mum= led by Commissioner 12-10, a request for approval Use-Neighborhood, for e reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. mante to address Mr. i# sit *is • i da Motion carried ng Commission does not have a iinoff from the applicant's property as re or doing any redevelopment. She � s� is some mitigation he nu W iblution adopting an addendum "3-Mile Plan," to the a I . ive Plan. • Mly Payne, Senior Planner. The state statutes require that the N I ly. The Planning Commission is being asked to adopt the ent to the Wheat Ridge Comprehensive Plan. 'The Plan need to incorporate any newly annexed land, City boundary changes, or recent revisions to the City's Comprehensive Plan, Since the adoption of the last Three-Mile PI in 201 the City disconnected a parcel of land between Independence Street and Garriso Street at 5e Avenue • be annexed into the City of Arvada. I It was moved by Commissioner WEAVER and seconded by Commissioner DURAN to adopt the 2012 Three-Mile Plan as an addendum to the City's Comprehensive Plan. Motion carried 6-0. Planning Commission Minutes -3— December 6, 2012 City of W heat ` W g e- ITEM o: DATE: January 14, 201.3 (7-n) REQUEST ACTION plan review would be required to confirm that proposed development meets the standards of the mixed use zone district. Council Action Form January 14, 2013 Page 2, FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,086.25 were collected for the review and processing of Case No. WZ- 12-10. BACKGROUND: of W. 44 Avenue. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses and a limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built as a single family home in 1954. Sinc_= that time, the building has been converted for commercial use. A Certificate of Occupancy issue in 1975 indicates that commercial uses have existed since at least that time. Most recently, the si served as offices for insurance and financial planning businesses. The property retains a residential appearance with a landscaped front yard and mature trees. x comer of Harlan and W. 44 th Avenue are two larger commercial parcels including a Wells Fargo bank and a pawnbroker. Behind the subject site to the west is a residential neighborhood zoned Residential-Two (R-2) and Residential-Three (R-3). TrwraLM777 ommerciarTT Mixed Use-Neighborhood zone district. The applicant has expressed a desire to convert the subject property back to a residential occupancy, The MU-N zoning will allow for the desired residential use and will also preserve the possibility of live/work or commercial uses for future tenants. [a , a-Didlur 130URIJADA V Ell 99 0 1M illittillMLIMR MIE"fil romm= January 14, 2013 Page 3 wa s ONI OILSIMLO= 901 M-MION ml g s a I jmjm&r IN a MR] 1*111 On I ter! 1 49141 m# REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I Meredith Reckert, Senior Planner T.[e6#L C*Umu"fil "VIETRI: ��OIUTM- looloosusllin CITY OF D !NTRODUCED BY COUNCIL MEMBER COUNCIL SILL Nr ORDINANCE +r Series of i APPROVING TITLE: AN ORDINANCE PROPER LOCATED AT 4335 HARLAN STREET FROM • TO MIXED USE-NEIGHBORHOO * 1 ! Chapter ! of Ridge ii of ! procedures f! and approval of - f for i use cases, and, Arturo Fernandez has submitted - land use f • # for t f t , #If a zone change to the Mixed Use-Neighborhood zone district for property located at 4335 Harlan Street; f . a 2 : 4 1 l 9 o " a EAST Y20F LOT 5, KAREN SUBDIVISION, COUNTY OF , STATE O COLORADO fO JEFFERSON Section 2. Vested PLggedy RiglLts. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of s • of !f of of of Wheat Ridge. Section 3. Safely Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and a t welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. NW M11 - 0 It: I . I .. w w - millu MOM- All-To # 0 I LWI-AU� tk�M 21-1 KwJ WAWKIt WLwto I w in Section 5. Effective Date. This Ordinance shall take effect 15 days after fini; publication, as provided by Section 5.11 of the Charter. I INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to — on this 14 day of January, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, February 11, 2013 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading a vote of — to , this _ day of 2013. SIGNED • the Mayor on this day of F.11111*3111 Janelle Shaver, City Clerk i St publication: 2 publication: Wheat Ridge Transcript: Effective Date: ,=A 4 Council Bill No. 01-2013 — 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-12-10/Fernandez) The property contains a single family home built in 1954. In 1975 it was converted for commercial use and has been used as such since that time, Many of the properties on 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-N zone category would allow for a live/work option. Motion by Mrs. Jay to approve Council Bill No. 01-2013, an ordinance approving the rezoning of property located at 4335 Harlan Street from Restricted Commercial (RC) to Mixed Use- Neighborhood (MU N) on first reading, order it published, public hearing set for Monday, February 11, 2013 at 7 pm. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Reinhart; carried 7-0. i l 1 < City Of � Wheat COMAAMIUMTY R 1 g DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: December 6, 2012 CASE NO. & NAME: WZ -12 -10 / Fernandez ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 4335 Harlan Street APPLICANT(S): Arturo Fernandez PROPERTY OWNER(S): Arturo Fernandez (DBA Enrex, LLC) APPROXIMATE AREA: 12,750 Square Feet (0.29 Acres) PRESENT ZONING: Restricted Commercial (RC) PRESENT LAND USE: Converted residential structure, used most recently for professional offices COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP SITF Case No. W7- -12 -10 / Fernandez All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ -12 -10 is an application by Arturo Fernandez requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) for property located at 4335 Harlan Street The proposed rezoning area includes one parcel, the total area of which is approximately 0.29 acres (Ex The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy. II. EXISTING CONDITIONS Subject Property The property is located at 4335 Harlan Street which is in the northeast quadrant of the City, three lots south of W. 44 Avenue. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented; it is not intended to include general retail uses that serve the community or region, and it does not allow higher impact uses such as wholesaling, warehousing, or outside storage or display. The subject property is part of Karen Subdivision and is 12,750 square feet (0.29 acres) in size. The primary structure on the property was originally built in 1954 as a single family home. Since that time, the building has been converted for commercial use. A Certificate of Occupancy issued in 1975 indicates that commercial uses have existed since at least that time. Most recently, the site served as offices for insurance and financial planning businesses. The landscaped front yard has been retained; a wide drivew and paved backyard have provided off - street parking for commercial tenants - Surrounding Zoning and Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded to the north, south, and east by other properties zoned commercially . Between W. 43` and W. 44 Avenues, all but one property on Harlan is zoned RC. Many of the properties on this block are converted residences and include businesses such as a dental office, antique shop, acupuncturist, and offices for an electrician and home cleaning service. The property immediately to the north of the subject lot is zoned RC and is used as a single family home. At the corner of Harlan and W. 44` Avenue are two larger lots with split zoning: Commercial -One (C -1) and RC. These parcels include a Wells Fargo bank and a pawnbroker. Behind the subject site to the west is a residential neighborhood zoned Residential -Two (R -2) and Residential -Three (R -3). III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use - Neighborhood (MU -N), a zone district that is generally located along neighborhood main streets and at neighborhood commercial centers. The zone district is established to encourage medium density mixed use development in Case No. W7- -12 -10 / Fernandez The following table compares the proposed and existing standards that apply to the subject property. In general, the MU-N and RC zone districts are, also very similar in terms of development standards with very slight differences in the setback and lot coverage requirements. Because the subject block of Harlan Street is located in the Traditional Overlay of the Architectural and �ite Design Manwil, the RC and MU-N zone districts are also very similar in terrns of architectural standards. Allows ' Allowsand existing __--__-_-_ I r esidential u~~� Detennined by mixed use code Determined by Architectural and,�ite 11 Design Mimmil (ASDM) 35 fi�ct if building has residential use 35 feet if building has residential use 50 feet for all other buildings i 50 feet for all other buildings I (60% of the build-to area shall (60% of the build-to area shall contain building mass) I contain building mass) Case AV JY/�/2-10/Fernandez IV. ZONE CHANCE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Siqf ,f concludes that this criterion has been inet. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no development is proposed at this time. If the property is redeveloped in the future tinder MU-N zoning, a site plan review application will be required and referred to all impacted utility agencies. In the event that current capacity is not adequate for future development or for a change in use, the property owner/developer will be responsible for utility upgrades. Sulff'concludes that this criterion has been niet. 3. The Planning Commission shall also find that at least one ill 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. Case A'a IV1-12-10/ Fernandez 4 The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan--Envision ff Ridge The plan describes Harlan Street as a Neighborhood Commercial Corridor which is envisioned as small-scale, pedestrian-friendly, mixed-use corridor. Although Harlan is classified as a collector, in the subject block the street is designed to feet walk-able and neighborhood-oriented with detached sidewalks, patterned pavers, and several street trees. conchules that this criterion has been met, b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial (RC) zoning designation as it appears on the City's zoning maps. ,S'Iqf ff conclutles that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from RC to MU-N neither responds to nor results in a notable change of character. Slqffconcludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. ,5tql �f concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING 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 in ut was held on October 16, 2012. No one from the neighborhood attended the meeting "iw. Case No, ff 2- t) 11 Fernandez 5 Vill. SUGGESTED MOTIONS OL)tion A: "I move to recommend APPROVAL of Case No. WZ-12-1 0. a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood, for property located at 4335 Harlan Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area." Ctzve No. 12- 10 Fernandez Option B: "I move to recommend DENIAL of Case No. WZ- 1 2-1 0, a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood, for property located at 4335 Harlan Street, for the following reasons: a 3. Case A,"t). PVZ� / 2- 1 0 / Fernandez 7 a" L (19frcRwk COUNTY WAX Ne RraRam RIWWT174) CAST 1/2 OP LOT S. KAREX SOWS10K COUNTY Of xffTRsw STATE or COLORADO M w Now I N I CONCRETE UZAII rARKwl LT PROPERTY UNE ADJACthy THE JMA" 49 VEST„ or TIIC ON PM Kk MZAAWAT ACCORD HAV20WE Vtl$l 4 #' SOUTMWtCT QUARTER =104 24 LOT 1 15 VT&try TO SHED . OQE OF A, pNA,j commit cmw* ulaily PM ZA L4HT AMC or LINE EUCIVIC ME MR No Mgt BOY Ac • AIR COWTIOW" (AM) AS WAURDO W JEFFERSON COUNTY' WCEP1101% (P) PLAT KAREN uwvffmx R#4SVwT CCANXR" VACK, CAUPER IN OKWS w. VESMOUS TREE C W NEWS WATER METER SON FOOND RL4wT CDANE* 'U, PER vowuwN t RECORDS FOW4 MM AS OCSCMD SDI* StT t t /2 AL UM CAP LS ATIZ? ON It' #4 ROAP OALOAATM PCOTION NOT fougo Tit* SET I N I CONCRETE rARKwl LT A. . D, THE PER *D1111 RC 'I'll THE JMA" 49 VEST„ or TIIC ON PM Kk MZAAWAT ACCORD HAV20WE Vtl$l 4 #' SOUTMWtCT QUARTER =104 24 LOT 1 15 TO SHED V, 44TH AYE o Ise NWTWAII cmw* FENCE I'll VEST ZA or LINE 30 SWTH OF OCIFTNEAST CORNER "At" stsulviuON To SK. (AM) am 1w wrlsl ERIC or Nc MOLAM $I, PXHT Or MAY I IT012 I Ay SO A; $J, 1 As"'MO poklil"O SEPYKING IRE CASE V&l LOT 5 THE CAST Ilee LW , 6 KAREN WVDIVISION FOL*w WEST 1/4 cakNER Srl'1111M 1111 3 sw- F004 CENTER V4 t UCTION 24, TOVRSUOP 3 soulK A. . D, THE PER *D1111 RC 'I'll IME 1110TIll tud, a TRAC JMA" 49 VEST„ or TIIC ON PM Kk MZAAWAT ACCORD HAV20WE CRAMC AND STOW SOUTMWtCT QUARTER =104 24 miB 9'S 9 ' tT * t ` 4977' V, 44TH AYE o Ise NWTWAII cmw* w plroit GI VAN 0 tmomtbhlat PLAV ftpAv w LOTS 7 & a 11AIEN IIATSEV1101 f R. C. 11N TOP WK or CURS 30 SWTH OF OCIFTNEAST CORNER "At" stsulviuON (AM) am 1w wrlsl ERIC or Nc MOLAM $I, PXHT Or MAY #MTH E AM via amitru wxL V17" rescE stS' CQUfH OR PWt*TV LRC, t NOTE #P 'U, 49Z CX 3,9' if CT " " T . 2 AD LAST lf,- $ OT su"IVISM Ow slaky *-V CRAMC AND STOW 'U, PAWK rw Er ASPHALT S89*591 PW 150,00' (AM) 150' (P) ffl�� s Oorw C WWI+ ft 00 a WWII* A tLNOlu 1540w A aM6W A UORGIN, ftW m soui r E ccaolu, *SO OCRAMIEN, 4MM AREA, MM 50 fl 01* ACRES VAPCHECK "OWK - (VUS usry cwmsl OA AND Oulks) EAPTAk CLOSOOE, 0, 5 0-00-00 f PO E VINKAR ARAI* t 470, 01 WOWDOO 00M CAST ? 0,00000 CSO4 COPYRO41 2012 NOUN O"IAN SURVEWOO Ow so N Case No. 14-7- 12- / 0 Fernande EXHIBIT 2: AERIAL IMAGE Case No. WZ -12 -10 / Fernandez EXHIBIT 3: SITE PHOTOS Case No. WZ -12 -10 / Fernandez 10 A view of the subject property looking west. The structure was built as a home and still retains a residential appearance with mature landscaping in the front yard. The freestanding sign that appears in this picture was the only indication that the property is zoned commercially; it has since been removed. been providing off - street parking for commercial tenants. This picture was taken after leaves had fallen and Case No. WZ -12 -10 / Fernandez a better view of the structure's front facade. 1 ne lot to the north is a single family home which is zoned Restricted Commercial (RC). The properties to the south (left) are also zoned Restricted Commercial. Many of the properties are converted residences which are now used for small businesses and office space. EXHIBIT 4: ZONING MAP � Case No. WZ -12 -10 / Fernandez 12 EXHIBIT 5.- LETTER OF REQUEST I l Case No, Jf7- 12- 10 / Fernandez EXHIBIT 6: NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff -. Location of Meeting: Property Address: Existing Zoning: 7560 W- 29 Avenue Wheat Ridge, CO 80033 F-��. m Omm A= Caw No, 11,7-12-101IFernandez 14 Commission Members Absent: Staff Membels 3. PLEDGE OF ALLEGIANCE Nrev v,,i Art 4. APPROVE ORDEit CIF THEA DA It was moved by Commissioner OHM and seconded by Commissioner BUCKNAM to approve thc,order, "e agenda. Motion carried 6-0. 5. APPROVAL OFMINUTES —November 1, 2012 It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to approve the minutes of November 1, 2012, as written. Motion carried 6-0. 6. 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 December 6, 20 12 7. PUBLIC HEARING A. Case No. WZ-12-10: An application filed by Arturo Fernandez for approval of a zone change from Restricted Commercial (RC) to Mixed Use Neighborhood {MU -N} for the property located at 4- )35 Flarlan Street. This case was presented by Lauren Mikulak. She entered into public record the case file, the zoning ordinance, the Comprehensive Plan. and the digital presentation. The property is within the City of Wheat Ridge and all posting requirements have been met. The Planning Commission does have jurisdiction to hear this case. She reviewed the staff report and digital presentation. The purpose, the zone change is to expand possible uses for the property, including the optJO (converting the structure back to a residential occupancy. Staff recommends, p ,a prov4l of the zone change. Commissioner 011M asked if under the MU-N zoning the applicant be required to provide a I0 -foot wide buffer on the V4 side of the prop&ftylwhich is a4jacent to residentially zoned. Ms. Mikulak reptW that development standards only apply to new developments, and if there were to' be new development on the property, the 10- foot wide setback Would ativiv. Commissioner 01-IM stated aisle on the south side of the "PrIc the Current standards for a drive, current standards would need to If am Art neoFernandez 1 1 4335 Harlan St., Wheat Ridge, CO the narrow 8.9 foot wide drive )nfirmed that it is substandard to s redeveloned in the future Ms. Mikulak confirmed that this would referral and a negative response was not had been problems in the past they would The applicant stated that the carport is on the property line, but he worked it out with the neighbors. Fie e* amed that the narrow drive is not an issue since he does not intend to ill use it regularly. Fie intends to maintain the property, upgrade it. and keep it nicely landscaped. Chair TIMMS opened the public hearing. John Lang 4375 Harlan St., Wheat Ridge, CO Planning Commission Minutes - 2 --- December 6, 2012 Mr. Lang stated that his only objection is that the backyard was paved by the previous owner and when it rains his property gets the excess water runoff. He would like to see some kind of drainage system put in to take care of the water problem. In response to Commissioner BRINKMAN's question, Ms. Mikulak replied that Mr. Lang resides in the single family home to the north. Chair TIMMS closed the public hearing. It was moved by Commissioner BC CKNAM and BRINKMAN to recommend approval of Case N( of a zone change from Restricted Commercial to, property located at 4335 Harlan Street, for (hofi, 1. The proposed zone change v safety, or welfare. 2. The proposed zone change "is the City's Comprehensive Pt 3. The proposed zone change is Commissioner BRINKMAN cmullu'l mandate to address Mr. Fang's prob a part of this case since fie is not chi ' recommended that be work with the would be willine to do. ed by Commissioner 2-10, a request for approval Use-Neighborhood, for ! reasons: t with the the public health, and objectives of rolundine area. the Planning Commission does not have a water runoff from the applicant's property as structure 6rdobig any redevelopment. She Dwne,,r and see if there is some mitigation fie if for first reading on January 14, adopting an addendum "3-Mile Plan," to the Plan. This case was presented by $ally Payne, Senior Planner, The state statutes require that the Three-Mile Plan be, updated amnually. The Planning Commission is being asked to adopt the Three-Mile Plan as atiamendment to the Wheat Ridge Comprehensive Plan. The Plan need to incorporate any newly annexed land, City boundary changes. or recent revisions to the City's Comprehensive Plan. Since the adoption of the last Three-Mile Plan in 2011, the City disconnected a parcel of land between Independence Street and Garrison Street at 50 Avenue to be annexed into the City of Arvada. It was moved by Commissioner WEAVER and seconded by Commissioner DURAN to adopt the 2012 Three-Mile Plan as an addendum to the City's Comprehensive Plan. Motion carried 6-0. Planning Commission Minutes -3— December 6. 2 012 C) N 111 N N A 1 r 0 c v t 0 Z N Q� Q� C M m v 3 m Y Q J f ou j l � v v Y r O v s O 0 t Z i N — C - v v C _0 O (6 E 0 O C 72 ) v L > ?' Q) + L N u O i � .j E E 0 �— co C C v m u O O c O f0 u c is C C v f0 u V) u ra m u E E z O — m O x C ` `c o m � U C _ C 0 o O ^ 1 W u f9 T O p a� c C .T U o O G c: v L cu L tw V) v O V l V1 v dA C nA C 3 O O Q x u `" v E 4—J Q E �_ X w `^ E C E Qj E ,. v E a E n a u U u o C r in in o D o o o rA Q , p u S v E N L O Q 2 Z Z ]..L. Q I I I I v cr o � O ' XD 0 Q) E ° $ 0 U ° x E a v L D ° a E E 0 Z u v o VI X w m N + 01 Ln m c 0 0 0 o o Ln Y r t Oq N D O O to = v y C O Y V j cL Q V m 0 U a 7 Q fL O] Ln J J V) V, 0 v L ° �- a o O bA _X C O " E Q1 ra V O v t E p E O '> o u w a W I I I — C V) O N O (6 E 0 O C 72 ) v L > C v L O Q) + L N u O i .j 0 �— co C C v m u O O c O f0 u c is C C v f0 u V) u ra m u i N � O U u cz u z O — m O x C o m � U C _ C u f9 T p a� c ^ � W .T U E c: v L cu L tw V) v O V aJ }, v dA C nA C 3 - z LA u `" v E L) V) Y _ Ln X w �_ X w c QJ X O u p L ,. u V) V, 0 v L ° �- a o O bA _X C O " E Q1 ra V O v t E p E O '> o u w a W I I I C O .j 0 C � U C _ C c i C) f9 M c 3 L cu L C C O a) c O 3 - o V) = o o c .3 O p L ,. u c .� r O O p u S v O L O Q 2 Z Z Q Z I I I I cr O 4 � \ . / u a \ G E ƒ f 2 / \ D ° = e / \ % o y O \ CL � \ / \ 4 2 m LA \ 2 E _ / /� E � e e f / E / \ > 2 NJ w ro 2 L City of " Wheat j-d ge MMUN1Ty DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE November 19, 2012 Dear Property Owner: This is to inform you of Case No. WZ -12 -10 which is a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) for the property located at 4335 Harlan 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: Plannine Commission December 6, 2012 an 7.00 p.m. City Council February 11 2013 ar? 7.00 P.M. As an area resident or interested party, you have the right to attend these Public Hearings and /or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WZ1210.doc www. ci.w h eat ri d ge.co. u s Vicinity Map CITY OF WHEAT RIDGE Www MA 9 _Q9 AU 6 Aw V W.100 IWILMIK910 M I &M LIM�� The fall text of this notice including a map is available in electronic form on the City's official website, www.ci.wheatrjdgg.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, November 22, 2012 The following case shall be heard: • I I Ly im EAST V2 OF LOT 5, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. Lauren Mikulak, Planner 1 WZ-l� -- 10 PC c . 1 113 ABRAHAMS EPP LIVING TRUST ANTOINETTES CAR WASH INC 6125 W 42ND AVE PO BOX 16507 WHEAT RIDGE CO 80033 DENVER CO 80216 7012 1010 0001 7277 3854 7012 1010 0001 7277 3861 CARPENTER BLANCHE M 4335 INGALLS ST WHEAT RIDGE CO 80033 '012 1010 0001 7277 3885 CTS CAPITAL LLC 4300 HARLAN ST MV JL4v ' A WHEAT RIDGE CO 80033 ?012 10 10 0001 ?2?7 3915 MVT LLC 6011 W 44TH AVE WHEAT RIDGE CO 80032 012 1010 0001 7277 4066 ROACH WILLIAM W 4335 HARLAN ST WHEAT RIDGE CO 80033 912 1010 0001 7277 4097 SNYDER ROBERT M ii-T-wi-tvilu rx-lellu CERVENY GRETCHEN G 3425 MOORE ST WHEAT RIDGE CO 80033 7012 1010 0001 7277 3892 FACINELLI JANICE L 4355 GRAY ST WHEAT RIDGE CO 80212 7012 1010 0001 7277,3953 HARRIS HILLARY ANN 4330 HARLAN WHEAT RIDGE CO 80033 7012 1010 0001 7277 3984 LAMMERS JOEL A LAMMERS SUSAN E HEYBORNE 6196 W 75TH PL ARVADA CO 80003 7012 1010 0001 7277 4011 MCKAY JOHN M MCKAY AMANDA L 4301 GRAY ST WHEAT RIDGE CO 80212 7012 1010 0001 7277 4042 PWN 1 LLC C/O PIPER 4747 S DOWNING ST ENGLEWOOD CO 80113 7012 1010 0001 7277 4073 RUMPELTES PAUL W 4355 INGALLS ST WHEAT RIDGE CO 80033 7 012 1010 0001 7277 4103 AVERITIT TO Y U AVERITT TAMARA 4345 GRAY ST WHFAT RincF co gon - 7012 1010 0001 7277 3878 EVAN SYNOD # 44TH AVE WHEAT RIDGE CO 80033 7012 1010 0001 7277 3904 DR STEVEN J ZAPIEN DDS INC 4331 HARLAN ST WHEAT RIDGE CO 80033 7012 1010 0001 7277 3939 INGALLS 44 LLC 4269 N 26TH ST BOULDER CO 80304 7012 1010 0001 7277 3991 LANG JOCELYN D PO BOX 24 WHEAT RIDGE CO 80034 7012 1010 0001 7277 4028 MERCHANTS MANAGEMENT •073 W as AVE 3 10 WHEAT RIDGE CO 80033 7012 1010 0001 7277 4059 RKKNB INC 4305 HARLAN ST WHEAT RIDGE CO 80033 7012 1010 0001 7277 4080 SHAW SCOTT PO BOX 22153 DENVER CO 80222 7012 1010 0001 7277 4110 C/O THOMSON REUTERS PO BOX 2609 CARLSBAD CA 92018 CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION The full text of this notice including a map is available in electronic form on the City's official webite, www.ci.wheatridge.cous, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, November 22, 2012 mm JEFFE&SO11, STATE OF COLORADO. Lauren Mikulak, Planner 1 awl Qj �'� � • fir` �`� � : �' s �, .► ' � :.. - +�, JAY S-T .. wit TIP a , A kLmS - CT A im : PQ CR IN GALLS- ST E f F . —: a as - , 20 0 - o 4f to i HARLAN - ST — co cD r1 a t� e � O & I st r W Y :. C7 ! NIP- . I pp - O y (J �I• '.� O I GRST in �. 1 ' City of w at h6 P,�dg CASE NO. WZ-12-10 PLANNING COMMISSION HEARING DATE: December 6,2012 III residing at a m C) in Ta d d r e s s) as the applicant for Case No. _ WZ- 1 2-1 0 _ hereby certify that I have posted the Notice of Public Hearing at 4335 Harlan Street, Wheat Rid e, CO (I o c a t i o n) on this — 22" day of November and do hereby certify that said sign has been posted and remained in place for fifteen (IS) days prior to and including the scheduled MAP 08105 00073 aeoli 04400 05901 00100 00000 06090 04376 04376 1870 04355 14 3:35 04370 E( *00 04335 04330 04331 04380 04346 04340 04335 04330 04325 Vr City of q �ge CASE NO. WZ-12-10 PLANNING COMMISSION HEARING DATE: — Febiva!jj 11, 2013 (n a rjq residing at al-- T. (address) as the applicant for Case No. WZ -12 -1Q hereby certify that I have posted the Notice of day of public hearing of this case. The sign was posted in the position shown on MAP 00106 OOD73 W11 00100 04375 HiM 04355 XW 04335 00126 04206 OD09D z 04370 200010*1H OW00 04376 ft- 04335 04380 1#1ho 04340 1 04335 04331 04330 04326 Wheat Ridge Sanitation DistriC.'Ll 7100 West 44th Avenue, Suite 1.04 P.O. Box 21 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 Lauren Mikulak City of Wheat Ridge Co unity Development 7500 West 29 Avenue Wheat Ridge CO 80033 Email :I `kulak @ci.wheatridge.co.us Re: WZ-12-I O/Femandez-4335 Harlan Street This letter is in response to your "request for approval of a zone change" for the above referenced property. The District has no objection to the city approving a zone change from Residential Commercial Development (RC) to Mixed Use-Neighborhood (MU-N) for the subject property. The parcel referenced above is entirely within the boundary and service area of the Wheat Ridge Sanitation District (WRSIB). Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). Wheat Ridge Sanitation District has a 12-inch sanitary sewer main running south to north within Harlan Street east of the subject property, If future modifications to the sanitary service for the existing parcel is required due to the new zone change or a new sanitary sewer connection or easements are planned due to the new rezoning, these modifications/improvements will require review by the District according to the Rules and Regulations set forth by WRSD, which are available upon request. The subject property must keep the District informed as to its current status related to commercial versus residential. Please be aware that at the time of building modifications and/or associated tap or service application to the District, currently fees in place are subject to change. If you have any questions, please do not hesitate to contact Ms. Sue Matthews during regular office hours, 8:30 am to 12:30 pm, or Bill Willis, MARTIN/MARTIN Consulting Engineers, 303-431-6100. Sincerely, illwillis District Engineer MARTIN/MARTIN, Inc. 11� C,#, Xce/Energysm I Teiopme elopme 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 FUME= Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571,3524 �*' � M Public Service Company of Colorado has reviewed the request for the Fernandez Rezone. Please be advised that Public Service Company has existing electric distribution facilities within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder *ur ability for future expansion. If you have any questions about this referral response, please contact me at (303) 571- 3306. 9= Donna George ZM7#MM*V;lgjlo1 oil W h City of { eat jq /MUNITy DEVELOPMENT ge Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: October 25, 2012 Response Due: November 12, 2012 The Wheat Ridge Community Development Department has received a request for approval of a zone change at 4335 Harlan Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ -12 -10 / Fernandez Request: The applicant is requesting a rezoning of the property at 4335 Harlan Street from Restricted Commercial (RC) to Mixed Use- Neighborhood (MU -N). The RC zone district allows for neighborhood- oriented commercial uses; the MU -N zone district allows for limited commercial as well as residential uses. The subject property is 12,750 square feet (0.29 acres) and is part of Karen Subdivision. The primary structure on the property was originally built in 1954 as a single family home. Since that time, the building has been converted for commercial use. The purpose of the rezone is to expand possible uses for the property, including the option of converting the existing structure back to a residential occupancy. The applicant intends to reuse the existing structure; there are no site development plans at this time. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Lauren Mikulak Phone: 303.235.2845 Email:lmikulak @ci.wheatridge.co.us Fax: 303.235.2845 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District Wheat Ridge Fire District Xcel Energy Wheat Ridge Building Division Wheat Ridge Public Works Wheat Ridge Economic Development Vicinity Map The zoning map below shows the subject parcel -4335 Harlan Street — outlined in blue. 4 , ti C,. �c r , Imo► e r ._�` 4L f To Launm - W7,12-104335 Iiatlaa St (10.26.2012),(iocx Case No. V2121 Ct I Date Received 10/23120121 Refated Cases - � Case Planner - Mikulak Case ipt• Rezone from RC ,v �tl,:*r�ar,vr Name sArturo farnandez Name Phone 303( 517 -6501 Address 32�DArbutusSt Cite Golden State CD Zip w...w._, Hw , „ rr , w ..._.,.mm. . i 8040I ___ CJ,�nresrJ,rtcrsr�rrri m. _.. Name Arturo Fernandez Name Phone (303j 5176501 Address 323t1ArkrutusSt,� �; City Golden °, State CG... ;80401- �Kd ll`8t�'f,//7l17YI4Ai4`.ftltlC N am JE u Name F ,...... _ . ... _...... _ . _ ., . „ ...�.. , „ . _ .. .., . 1 Phone i(303(458- . . Address `346d W, 38th Ave, d City JDenver State i" zp i80211- f�'f �"lh+�ird�fK7Yt ' Address 4335 Street sl larlan Street 3 City Wheat Ridge State iCO Zip 80033 .� Location Dsctiptron ....... ! Prole/ Marne arcs No tr Section istnct No Parcel No, Ott Section Sin 24 District Na 3524301006 SW24 li., ,... .• ....,. s Pre Aiap Bate 9x2712012 Neighborhood Meeting Date 1 011 61201 2, App No =APf 1233 .. Review Type Review Body Review [late Disposition Comments Report ..... �.,.,...., ,.. ... . Case Disposition Disposition Date Conditions of Approvals t " Notes t Status i Clpen i Res it i Ord # I Storage pr CIT or AJ RIDGE ffix eft d SINE . w.s oi. 4 C 1 1 1 k.„ A ti City of ]��Wh6atR�idgc- LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29"' Avenue * Wheat Ridge, CO 80033 # Phone (303) 235-2846 (Please print or t } =iat all information) Address 3'2-3o 'Ljk Its Phone 303 1 1 - State Zip 0 Fax Address a 2 s,, A T- a, I V's ISIA, Phone &3-51'1-6- State a _ Fax PhoneL3L3-4 Contact Addressax-()-� City State 0 Zip t Fax _L __ , L� (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 0 a Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side Change of zone or zone conditions 0 Special Use Permit Cl Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval 0 Variance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: 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-of-attorney from the own" whieh, approved of this action on his behalf. S — ribed and sworn to me this day of 2 Notary Public" 0 GUAD47LUPE 7MADRIL State of Colorado "Notary Public "M ,y ,ommission expires To be filled out by staff: Date received 010.4 ptNo. CaseNo. Comp Fee $ Recei - " 6�1 __J� Cro Plan Desig._____ Zoning Quarter Section Map Pre-App Mtg. Bat�_T Related Case No.. Case Manager ly- Jja .--- Required information: Assessors Parcel Number: 0 Size of Lot (acres or square f'9otage):J24ai-91--f-1 Current Zoning: Rc Proposed Zoning:_M U Current Use: t Proposed Use- City of Wh6at e fk d �COMMUNtTy DEVELOPME9 City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 301235.2846 F: 303.235.2857 Submittal Checklist Zone Change to straight zone district) Project Name: 4s 3 V, Applicant:18IIA( Project Planner: L&j&IejI tAiLLA,JLkL, Neighborhood Meeting Held: Project Location: lctr Date: ["'C' e V t Fee Paid: -T 1 OS 6. As applicant,for this prqject, I hereby ensure that all of the above requirements have been Rev. 7/2012 wwwxi.wheatridgexoms Submittal Requirements: Cl Original signed & notarized Application Form C3 Fee $ (Amount submitted per Fee Schedule) C] Letter of request indicating full intent and purpose of request C3 Proof of ownership (Copy ofRecorded Dee) 0 Limited Power of Attorney (f'applicant is not owner) Cl Certified Survey of the property 0 Mineral Rights Certification (Change qfZone, Special Use, Conditional Use, Subdivision and Plan Development) Cl Site Plan: (If size is 24"x 36", must provide 11"x 17" reduction) (Special Use, Conditional Use, Variance, Planned Building Group, Planned Development, Site Plan, Concept Plan) 0 Neighborhood meeting (except . for Flood Plain exception, Site Plan, Concept Plan, Conditional Uses, TUPs and Variances) 0 Names and address of attendees 0 Date, time, location of meeting C3 Legal description (except Concept Plans, Conditional Uses, Special Uses, TUPs and Variances) Cl Building Elevations (6ptional) 0 Copy of Pre-application meeting notes (ifqpplicable) Additional Submittal Requirements: Cl Copies of 16 pre-folded plans 24" x 36" and I reduction at 11 " x 17" (# of copies determined by application type) CI "Traffic Impact Report (May be required for Change of Zone, Special Use, Conditional Use, Concept Plan, Site Plan, Subdivision, and PD) Cl Drainage, Grading and Erosion Control Plan (Concept Plan, Site Plan, Subdivision and PD) 0 Mylars plus recording fees (See Fee Schedule) (Will be required aftej approval for Subdivisions, Rezonings, and Annexations) Revised 5119111 n � p C} c (D cn (D (D !7 5, N , A' (D va ttk CD n n � p C} c (D (D (D !7 5, N , A' (D va ttk CD n p n c) (D It n 0 CD rD cy ro C7Q U4 t rD CRS Z) ro o ro rD M 0 �-� 21 0 E rD n cU7 C, na rD to rt CD co CD 0 rD CD w n 00 tri CP 0 (D (D !7 5, N , A' rD CD n p n c) (D It n 0 CD rD I cn P , c AW , to I I W, o 0 �' C o p 0 CC C.'j W o m 170 n 00 tri CP tn (D (D !7 5, N , A' CD n n c) CD rD cy ro C7Q U4 t rD CRS Z) ct) o ro rD M 0 �-� 21 0 E n cU7 C, rD to rt co CD 0 rD CD w fD 0 m pi CA pi p CD W, o 0 �' C o p 0 CC C.'j W o m 170 n October 19, 2012 City of Wheat Ridge Community Development 7500 M 2 9th Ave. Wheat Ridge, CO 80033 w Arturo Fernande Date: City of Wheat Ridge Municipal Building 7500 W. 29' Wheat Ridge, CO 80033-8001 P: 303.235.2846 l": 303.235.2857 1, —, as of/with (Print name) (Position/Job Title) (Entity applying for permitlapproval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for (Describe type of application) 20 has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(t), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. -OR- Check here if there are no mineral estate owners of any portion of the subject property. 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MI"BuRo U h p 1 L - iry — or!'Ib – e – a7KO — ge Community leveiopmen"I 7500 W. 29 Ave. Wheat Ridge, CO 80033 Re: 4335 Harlan St. –Zone change request Submittal Checklist Zone Change, Item #8 i am reqTr_ TOXeRT - COfecrian I ricteawmmercT (RC) • Mixed Use-Neighborhood (MU-N). The purpose ♦ the rezone is to expand residential occupancy. There are minimal effects as a result to this zone change. Items not affected by this are: # Present and future effect on existing zone districts, development and Thank you, Arturo Fernandez MJ t-- C$DCm, M D CO C-5 cz oj co QSD PQ cw� CD lz�l cl� cz� co L.1 CSD cu ku CA Ka cm f—I ru mr U w w CL 4:4 z U5 Ui V-3 V.3 f-. cr W C4. t wi VZ4 LAJ m G> U - lr_ W=C3 t4 C3 4 i LAJ a 1,4 I Cz I W,=,w tn W: E 2 <r C4 ci MJ t-- C$DCm, M D CO C-5 cz oj co QSD PQ L.1 CA f—I ru mr U w w CL 4:4 z Ui V-3 V.3 f-. mr, W C4. t wi VZ4 LAJ m G> U - lr_ W=C3 t4 M= 3480 W. 38th Avenue Denver, CO 80211 wwwAucerofinancial.com 7 &Q Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting is required prior to all zone change requests. Planning comments: The following items were discussed based on the proposal: Zoning The site is currently zoned Restricted Commercial (RQ which allows for various types of off uses and a limited range of neighborhood oriented retail uses. It is the intent that general retail uses which serve the community or region and uses which require outside storage or display be prohibited, since these uses are incompatible with other uses in the RC district. In the RC zone districts residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue. but new residential uses must be accessory to a primary commercial use. Because the subJect property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current zoning. The Mixed Use-Neighborhood (MU-N) zone district is similar to RC in that MU-N is generally located along neighborhood main streets and allows for a limited range of neighborhood-serving commercial and retail uses. Unlike RC. however. the MU-N zone district also allows single-family residences as a permitted use. In terms of permitted uses. MU-N zoning will provide more flexibility for the applicant and future tenants. The process for a zone change is described below. Building Division comments: The building division was not present and has no comments at this time. Please contact Plans Examiner Kirk Cadotte to with any questions regarding interior work that may require a building permit or regarding a conversion to residential occupancy. Kirk can be reached at (303) 235-2850. Public Works comments: Public Works was not present and has no comments at this time, N include a written justification of the requested zone change to MU-N. Please refer to the zone change application checklist that is attached to this summary and was distributed at the pre-application meeting. After the application is submitted. a case manager will review it for content. If all submittal requirements have been met, the application will be sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to landowners within 300 feet, and posting signs on the property are required prior to the Planning Commission hearing. The City will coordinate tile publication, will mail notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change requires two readings and must be approved by ordinance by the City Council. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance. Attachments: Neighborhood meeting template; zone change application checklist Phone Numhers 3 September 10, 2012 Lauren Mikulak City of Wheat Ridge Commuoity Development 7500 W, 29 Ave. Wheat Ridge, CO 80033-8001 Re: 4335 Harlan St. Wheat Ridge, CO 80033 Legal address: KAREN LOT: 0005 Zone change pre-application The new owriers of the property desire to rezone this property from its current ✓oiiing of R-C to one of the Mixed Use zone districts for the pUrposes of converting it to residential Ilse. The property is presently to converted residence to office usage, New owners desire the conversion to residential but retain flexibility afforded by Mixed Use zoning, Real Estate Pre-App Data Form C) ES I Ui u 1 t r \ U U waif more fo a 1 City of ] ' .. Whcatl),' - COMMUNiTy DEVELOPMENT City of Wheat Ridge Municipal Building 75001 `. 29"' Ave, Wheat Ridge, CO 80033-8001 P. 303.235.2846 F: 3012352857 ME= October 16, 2012 Attending Staff- Lauren Mikulak, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29 Avenue Wheat Ridge, CO 80033 Property Address: IBM Propert- y Owner(s) Present? Existing Zoning: Existing Comp. Plan: 4335 Harlan Street Arturo Fernandez M Restricted-Commercial (R-C) Primary Commercial Corridor Based on Jefferson County records, the subject property is 12,750 square feet (0.29 acres). The primary structure on the property was originally built in 1954 as a single family home. Since that time, the building has been converted for commercial use. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use- Neighborhood (MU-N). The purpose of the rezone is to expand possible uses for the property, including the option of converting the structure back to a residential occupancy. wwwxi.wheatridgexoms Date: October 3, 2012 To: Neighbors of 4335 Harlan St. Wheat Ridge, CO 80033 From: Arturo Fernandez 4601 Wadsworth Blvd. Wheat Ridge, CO 80033 Artu Fernandez is proposing a zone clian on property located at 4335 Harlan Street, A neighborhood meeting will be , held on Tuesday. October 16 At 6.00 nn at the Avenue. Wheat Ri&e. CO) in the lobby conference room. The purpose of the request is to allow a zone char >e from Restricted- Commercial (RC) to Mixed Use-Nei gi—ibor—h—o—od JMU -NJ. The reason for the zone change request is to expand possible uses for the property, including the option of converting the structure back to a residential occupancy. The City of Wheat Ridge has adopted a requirement that prior to any application for a zone change an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Plattner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing, Although a synopsis of the meeting will be entered as testimony, it is the public hearing in front of the Community Development Director and/or City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearing. The kinds of concerns residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • How will this proposal affect my property? • Where will the storm drainage go? • How will the project be designed to enhance rather than detract from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me'? If you have any questions, please call the planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29"' Avenue Wheat Ridge, Colorado 80033 City of Wheat R dge COMMUNITY 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 At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city- approved policies or plans for the area. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. 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 Zone Change Process Step 1: Pre - application Meeting Step 2: I Neighborhood Meeting Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes I I No Step 6: Publish Request/Post Property for Planning Commission Public Hearing (15 days prior to public hearing) Step 7: Staff Report for Planning Commission Public Hearing Step 9: Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary) Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) Step 13: Packet to City Council for Public Hearing City of "� Wheat �idge COMMUNITY DEVELOPMENT Zoning Map i G ` LAKFS!D 1ti . a� DPYE '� 4335 Harlan Street Proposed zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) 'g ,,,� w.r..d t l -.: �i•'��: - sf�!�� •i�iiJ 'c,. -'1 I � li. ... (: ,+. I !�. i f •'r.: •- s ,w_,. = r aye i -- "'i �a, �, �� `•" �, "' _ _ •�_,• fit d — KENDALL ST °. 14 1 �. J N W CT G> 1y A A N O g' . 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