Loading...
HomeMy WebLinkAboutWZ-12-11City of Wheat Ridge Municipal Building 7500 W 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 James Frisk Janelle Frisk 12390 W. 44 0 'Ave. Wheat Rid • 80033 At its meeting of March 25, 2013, City Council APPROVED Case No. WZ- 12-11, a request for approval of a zone change from Agricultural-Two (A-2) to Mixed Use Neighborhood (MU-N) for property located at 12390 W. 44 Avenue for the following reasons: I - City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 777, wmcn nas forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." Enclosure: Copy of Ordinance Draft of Minutes cc: WZ- 12-11 (case file) www.ci.wheatridge.co.us 1) It's very difficult to pull out onto 29 from Depew Street because of the off-street parking at the corner that causes sight problems. She recommended No Parking spaces on Depew near the corner to prevent this hazard, 2) She would also like to see the City assist people with tree trimming, especially after a storm, PUBLIC HEARINGS AND ORDINANCES ON SECOND,RgADING Council Bill No. 23-2013 - amending the Cable Television Franchise Agreement between the City • Wheat Ridge, Colorado and COmcast of Colorado IV, LLC, to extend the term of the Franchise Mayor DiTullio opened the public hearing, Councilmember Pond introduced agenda Item 1. The City's franchise agreement with Comcast expires • April 1, 2013. An extension of the franchise agreement to December 31, 2014 will allow the cities of Denver and Aurora to complete their franchise negotiations with Comcast which would be in the best interest if the City of Wheat Ridge, Manav g ement Ana I, Mayor DiTullio closed the public hearing. Mofio • Councilmember Pond to approve Council Bill No. 03-2013, an ordinance amending the Cable Television Franchise Agreement between the City • Wheat Ridge, Colorado and Comcast of Colorado IV, LLC, to extend the term of the franchise on second reading, and that it take effect fifteen days after final publication: seconded by Councilmember Stites; carried 8-0. City Council Minutes March 25. 2013 im Senior Planner Meredith Reichert gave the staff presentation. She entered in the record the case file and the contents of the digital presentation, She also reported that the property had been properly posted. I "WN W. I • Resolution 11-2013 - approving a two-lot subdivision plat with a Right-Of-Way dedication for property zoned Agricultural-One (A-1) located at 4900 Robb St. (Case No. MS-13-01/1-lawn) °+?<t:<ft° 3 126/2013 ` >: « + «*» 0 & $4).0 ; ■ »� - < # <. C OUNCIL _ . NO. 0 . ORDINANCE < #. , :« Serie o TITLE: AN ORD APPROV . REZON OF PRO PERTY LOCATED .f0 W 44th AV ENUE F ROM : » w . »a +. 2® MIXED H ■ +\#■ ; (C \ \ :a y2 2- < f © ; WHER . s :, ®©: ©2 4<# been unde © and the mixed u zone d w a ® _ w « range of uses and WHE REAS , p z »»angeiss ported t City's Com prehens i v e Plan w.o: Wheat Ridge—and ,�» \��g C ,»� y :. <4» Renewa P NOW T BE IT ORDAINED B E Y C OUN C I L OF THE : RIDGE, COLORADO: ` `` F WHE ° ®�� ? « °» °a :� »�w: ��■ <: © :4 :> � » # /. a . y.\ / « - ;� # /��«�� ■ «< hLs- Approval of » • • does • create a vested pr right. Vested property rights may only arise and accrue Pursuant to the provisions of Section 26-121 of the Code of Laws, of the City of Wheat Ridge, Mo tive Sectioll S. O. shall take effect 15 days publication, as provided by Section 5.11 of the Charter. - 1 in the Council Chambers, 7500 West 29' Aven , Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED vote R JBla Sh aver, City Clark Approv6d as to Farm I st Publication: February 28, 20 2 md publication, ma rcli za, 20 13 Wheat Ridge Transcri�t- Effective Date. Apr ti 12, 2013 ITEM NO: c� g DATE: March 25, 2013 PRIOR ACTION: Planning Commission beard the request at a public hearing on February 7, 2013 and recomm approval. The staff report and meting minutes from the Planning Commission public hearing have been included. Case No. Z -12-11 /Frisk N, Council Action Form March 25, 2013 Page 2 RNANCIAL IMPACT: Fees in the amount of $1,092 were collected for the review and processing of Case No. WZ-1 2-1 If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development and the creation • a diverse and resilient tax base. I BACKGROUND: The subject parcel is located at 12390 W. 44th Avenue, on the south side of W. 44' Avenue at the intersection with Ward Road. Current and Proposed Zoning Under the current A-2 zoning, permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the MU-N zoning expands development options to include live/work scenarios or neighborhood- serving commercial uses. No site changes are anticipated at this time. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2013, an ordinance approving the rezoning of property located at 12390 W. 44th Avenue from Agricultural-Two (A-2) to Mixed Use-Neighborhood second reading and that it take effect 15 days after final publication, for the following reasons: March 25, 2013 Page 3 M "I move to deny Council Bill No. 04-_2o 1 3,_ an ordinance approving the rezoning of property located at 12390 W. 44th Avenue from Agricultural-Two (A-2) to Mixed Use-Neighborhood second reading, for the following reasons: I NMI REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner ATTACHMENTS: 1. Council Bill No. 04-2013 2. Planning Commission staff report 3. Planning Commission minutes CITY OF R IDGE INTR ODUCED BY COUNCIL DeMo C OUNCIL • t{ ORDINANCE NO. Series of t TITLE: AN ORD INANCE �{ APPR OVING PROP ERTY AT Rt F A GRICULTURAL- TWO ( A - 2) MIXE USE M tj WHERE t property has long b een .d • t mixed use zone district will allow for a wider range of uses; and, WHEREAS, the proposed zone change is supported by the City's C P lan—Envision Wh eat Ridge-an by + • • Corridors Urba Re newal rr NOW THEREFORE B E OR O WHE R IDGE, C OLORA DO: THE NORTH tt FEET OF THE SOUTH !. i FEET OF O NORTHEAST Y40F SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE e P.M., ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: Section 2. Vested Property Rights. Approval of this zone change does not create a vest prope Vest proper r i g ht s t accrue Attachment I INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25 day of February, 2013, ordered it published with Public Hearing and consideration on final passage set for Monday, March 25, 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 by a vote • - to , this _ day of 2013, SIGNED by the Mayor • this day of 2013. Jerry DiTullio, Mayor FEWIMITM Mlm -- Gerald Dahl, City Attorney i St publication: February 28, 2013 2 nd publication: Wheat Ridge Transcript: Effective Date: City of 3��CnXA W heat y j e MUNITY D V - E DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 7, 2013 CASE NO. & NAME: WZ- 12- 11/Frisk ACTION REQUESTED: Approval of a zone change from Agricultural -Two (A -2) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 12390 W. 44th Avenue APPLICANT(S): Janell and James Frisk PROPERTY OWNER(S): Same APPROXIMATE AREA: 15,000 Square Feet (.34 Acres) PRESENT ZONING: Agricultural -Two (A -2) PRESENT LAND USE: Single family residence/home occupation COMPREHENSIVE PLAN: Neighborhood Commercial Corridor / Neighborhood Buffer ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP r. 4. — = A' ,e r r7 {R•! b .. c, rz rr K SITE Case No. WZ -12 -11 1Frisk 1 Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ -12 -11 is an application by James and Janell Frisk requesting approval of a zone change from Agricultural -Two (A -2) to Mixed Use - Neighborhood (MU -N) for property located at 12390 W. 44 Avenue. (Exhibit 1, Letter of request) The zone change is the first step in the process for approval of mixed use development on this site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The proposed rezoning area includes one parcel, the total area of which is approximately .34 acres. (Exhibit 2, Aerial) II. EXISTING CONDITIONS /PROPERTY HISTORY Surrounding Zoning and Land Use The property is located in the northwest quadrant of the City of Wheat Ridge. The property is zoned Agricultural -Two (A -2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A -2 with single - family homes. To the east is a fueling station and convenience store zoned Commercial -One (C -1). To the northwest across W. 44 Avenue are properties zoned C -I including sales lots for trailers and RVs. On the northeast corner of W. 44 Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. (Exhibit 3, zoning map) Subject Property Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres) in size. The property is regular in shape and includes a one -story 1,000- square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. An existing access easement running across the western portion of the property provides access to a residence located south of the subject property. A curb cut providing access into the site is located in the northwest corner of the property and aligns with the intersection of Ward Road and W. 44 Avenue. (Exhibit 4, Site photos) 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 which residential uses are permitted, in addition to a limited range of neighborhood- serving commercial and retail uses. Under the current A -2 zoning, permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the Case No. WZ -12 -11 1Frisk INI U-N A-2 • In addition to a landscape buffer, buildings over 2 stories must provide a 5-foot step back for each additional upper floor. • Any portion of a bung within 100 feet of a residential use may not be taller than 4 stories. The small lot size limits total redevelopment of the property and what could be built. Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, , and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in a significant adverse effect on the surrounding area. While the new zoning would allow for residential, commercial and mixed uses on the lot, any proposed new development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. Redevelopment proposals will • required to meet storinwater drainage and water quality requirements in order to be approved. Staff `concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: Case No. TVZ- 12-1 IlFrisk 4 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. MIR 1110.0 The Structure Plan map in Envision neat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel-based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan, W. 44th Avenue is shown as being a "neighborhood buffer" on a "neighborhood commercial corridor". The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or f businesses along 44 Avenue. In the urban renewal plan, the property is located on the edge of an area designated as a Community Commercial node which extends to the east and northeast. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Agricultural-Two (A-2) zoning designation as it appears on the City's zoning maps. Stqff concludes that this criterion is not applicable, c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. With the proximity to the 44 intersection and 1-70, Staff questions the desirability of continued use • the property for single family residential living. Ward Road just north of 44' Avenue carries over 22,000 vehicles per day (2006 count) and counts on 44 Avenue average 1, 5,400 vehicle trips to the west • the site and about 9,000 daily trips to the east. There are other vacant single family homes with A-2 zoning on 44 further to the west which have been for sale for quite some time. No viable residential offers have occurred on these properties. ♦ zone change on this property may encourage similar applications in the area. By ass ego, TVZ-12-1 IlFrisk 5 aliowing res • en ana or with the changing character of the area. 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. The proposed rezoning does not relate to an unanticipated need. Prior to submittal of an application for a zone change, the applicant was required to bold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on December 5, 2012. Four people, from the neighborhood MIAMMEMMa" 3 -3 a All affected service agencies were contacted regarding the ability to serve the property. Referral responses follow in regards to the zone change. Another referral process will occur in the future if and when a redevelopment scenario is proposed. Arvada Fire Protection District: No concerns. Further review will be required if the property redevelops in the future. Case No. VZ-12-11IFt-isk 6 Cease No. KZ- 12 -1IlFr sk EXHIBIT I: LETTER OF REQUEST This letter is to serve as a request to consider a zone change for property address 12390 West 44" Avenue from A2 to NIU-'. This request is based on the need to operate a small business on the property. The property is currently surrounded by commercial and residential real estate, A2 zoning is no longer adequate for this property since we do not have a nee, for anything that the Agricu=tural zoning allows for. MU-N zoning would be ruore appropriate for the demographics of the area and would allow either residential or a small business at this location. The property is easiiy accessible from both 44�°' Avenue as well as Ward Road, The impact to traffic in the area would be very mmirrial if any at all.. This rezoning request would not cause the need for any additional services from any branch of pub4c. utilities, Thank you for your consideration. Please let me know if you have any additional questions. M= James Frisk CaseNu. WZ-12-111FKsk 8 EXHIBIT 2: AERIAL IMAGE ILI r Inn Case No. WZ -12 -11 /Frisk 9 EXHIBIT 3: ZONING MAP SITE 00 A.p R-C PCD Case No. WZ-12-111F)-isk EXHIBIT 4: SITE PHOTOS Case No. WZ -12 -11 /Frisk Looking southeast from 44 Avenue at front of property Looking south at the subject site and front of building Access easement along western property line for house to the south •' i 1 View east along 44` Avenue frontage Case No. WZ -12 -I1 /Frisk 12 a -01P =5tg. View west along 44` Avenue Case No. WZ -12 -11 /Frisk 13 View north from property towards Ward Road/44` Avenue intersection EXHIBIT 5: NEIGHBORHOOD MEETING NOTES NEIGHBORHOOD MEETING NOTES Date: Cite Staff Present Location of meetinh: Properth location: Properh o�i ner: Property Owner(s) present? Existing Zoning: Comprehensive Plan Designation: December 5, 2012 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building; Second Floor Conference Room 7500 W. 29' Avenue Wheat Ridge, CO 80033 12390 W. 44' Avenue James Frisk. Property Owner 12390 W. 44' Avenue 303 -513 -7051 denvcrjf(ricomcast. nct Yes Agriculture - Two. A -2 Neighborhood Commercial Corridor Neighborhood Buffer Members of the public present: There were four area residents and /or property owners in attendance. An anonymous email was submitted in support of the request. See attached sign- up sheet. Applicant's Proposal: The applicant. James Frisk, is proposing to rezone the property to a mixed use zone district to provide the option for a commercial tenant. Existing Conditions: The property is located at 12390 W. 44' Avenue in the northwest quadrant of the City of Wheat Ridge. The property is zoned Agricultural -Two (A -2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A -2 with single- family homes. To the east is a fueling station and convenience store zoned Commercial -One (C -1). To the northwest across W. 44 "' Avenue are properties zoned C -1 including sales lots for trailers and RVs. On the northeast corner of W. 44' Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres). The property includes a one -story 1,000- square foot residence that was originally built in 1946. in the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. m m %%.ei.ti% heat ridge.co.us Case No. WZ- 12- 111Frisk 14 A curb cut providing access into the site is located in the northwest comer of the prolvrty and aligns with the intersection of Ward Road and W. 44"' Avenue, The following issues were discussed: Why does the property owner want to rezone? The current zoning oil file prqpert) is A -2 which allolls 01111 a sivie residence and sonic hinitedfil"ning uses. A business is on1j al/iiiied as a home occupation ancillary" to a sinele./annh home. The zone change to Alti-Al wi// all'011• Conrillercial Uses, What types of commercial uses could work on the property? Ike property and the structure art ratherstnall which wouldprohibit InallY qfthe allwlrd connnercial Uses which could operate under the existing site conditions —fin- exantple, there is 1101 alliple area to Construct a./ast./bod restaurant, a The site conditions woulot be an insurance o qjice, a hair salon or a small antique store. ffthe :onhkq is approved, the proposed tenant would be a retail, consigiolic MITI Are any changes proposed for the property? The owner has alreadi invested S60,000 in injprt)jo the .structure acrd site rind no annicatiate silt orbitilding changesare P) '-oposed.* While notspet'OrallY mentioned, tilt will requin 1.5 landscaped to the AIU- A' �onhig requircittent, The residents to the south get access to their home from 40 Avenue across the western portion of the property where (here Is a dedicated access casement. They expressed concern that this access may get blocked by business patron parking. Mr, Frisk said that he wouh work with Mein 10 install signage ant siriping to indicate that this access must be keep clear q/ vehieles. NV'hat will be the effect on property 'values in this area if the property is rezoned? The On does not collect propertv talcs - this is done & AlIct CountY. Tipicaltv, connnerciall1ropert ies at It was suggested that the Counti Assess,or be contacted to discuss propert ta-j i ni pli ca li ons. Is it possible to restrict drive uses on the property "? Staffis 'lot in./avor qfrestricting uses Ike emendees were encouraged to attend the upcowingpublic hcaringv to voice their concerns, Case No. FVZ-12-1 IlFrisk- 15 Corse liar, W 1 2- 11/Fr°rs& 16 lz h _ " d CL 0 ... aexaa ,? to CL CL "": 0 c to V V C Corse liar, W 1 2- 11/Fr°rs& 16 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. ROLL CALL OF MEMBERS Commission Members Present: Amanda Weaver Anne Brinkman Dick Matthews Monica Duran Scott Ohm Steve Timms Tracy Guildner Commission Members Absent: Alan Bucknarn Staff Members Present: Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Kim Waggoner, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 7-0. S. APPROVAL OF MINUTES —December 6, 2012 It was moved by Commissioner MATTHEWS and seconded by Commissioner WEAVER to approve the minutes of December 6,2012, as written. Motion carril 5-0 with Commissioners GUILDNER and MATTHEWS abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes February 7, 2012 Attachment 3 -1— A. Case No. WZ-12-11: An application filed by James Frisk for approval of a zon change from Agricultural-Two (A-2) to Mixed Use Neighborhood (MU-N) for t property located at 12390 W. 40 Avenue. I Commissioner OHM asked if there was another property zoned MU-N further to the east on W. 40 Avenue. Ms. Reckert confirmed the RV America property at W. 44 Avenue and Tabor is zoned MU-N and MU-C Interstate. Commissioner OHM asked the access easement accommodates any required landscape buffers on the west side. Ms. Reckert stated Chair TIMMS asked about the large amount of pavement and parking in the front of the property. Ms. Reckert stated that when the owner acquired the property, the front yard was a maintenance problem. The parking area is probably larger than needed, but it was installed to reduce maintenance issues. Janelle Frisk The applicant stated that she and her husband have no plans to change the building on the property. The purpose of the zone change is to allow a small business to occupy the property. This could include an accounting firm, attorney, or hair salon, but they have no desire to include a drive through. Mrs. Frisk stated that they own the Longshots Bar & Grill up the street and are invested in the City of Wheat Ridge. The property and the City Planning Commission Minutes .2— February 7, 20112 residentially or agriculturally. I I n mwi I I Lg all ta"mr-M la It I to recommend approval of Case No. WZ-1 2-1 a request for approval of a zone -40 �- �'A� 12390 W. Ave., for the following reasons: Motion carried 7-0. �TTs7&TM7ZT;L IXTIM tl - - — .1 j and that the public hearing is scheduled for March 25, zM3BWM= Planning Commission Minutes - 3 - February 7, 2012 After a brief discussion, Commissioner TIMMS directed staff to move forward with the amendments as they are proposed. "m mr n ZM =-k a It was moved by Commissioner BRINKMAN and seconded by Commissioner MATTHEWS to approve the Resolution Designating a Public Place for Posting of Notices of Public Meetings. Motion carried 7-0. omrmssion • PTI MOCIT17g 01 "'It, I It Ir Subarea Plan Update on Tuesday, February 12' at the Recreation Center from 7:30 p.m. Chair TIMMS asked staff about openings on the Planning Commission, Ms. Reckert stated three appointments have come up: Scott Ohm, Alan Bucknam and Dick Matthews. Commissioners Ohm and Bucknam have reapplied. Commissioner MATTHEWS stated he will not reapply. 10. Adjournment Steve Timms, Chair Planning Commission Minutes February 7, 2012 Kim Waggoner, Recording Secretary City of WheatRigge D�\ ITEM NO: �r DATE: February 25, 2013 REQUEST FOR CITY COUNCIL ACTION - - TITLE: COUNCIL BILL NO. 04 -2013 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12390 W. 44th AVENUE FROM AGRICULTURAL -TWO (A -2) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ -12 -11 /FRISK) ❑ PUBLIC HEARING ❑ BIDS /MOTIONS ❑ RESOLUTIONS QUASI- JUDICIAL: ISSUE: ® ORDINANCES FOR 1 ST READING (2/25/2013) ❑ ORDINANCES FOR 2 READING (3125//2013) ® YES ❑ NO !rector City Manager The applicant is requesting approval of a zone change from Agricultural -Two (A -2) to Mixed Use - Neighborhood (MU -N) for property located at 12390 W. 44 Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately .34 acres. Currently, the subject property contains a single family residence, and the purpose of the zone change request is to provide the owner with expanded options for use of the site. The zone change is the first step in the process for approval of future development on this site. No changes are proposed for the property. If approved and redeveloped, an administrative site plan review will be required to confirm that the proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on February 7, 2013 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. Case No. WZ- 12- 11/Frisk Council Action Form February 25, 2013 Page 2 FINANCIAL IMPACT: Fees in the amount of $1,092 were collected for the review and processing of Case No. WZ- 12 -11. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The subject parcel is located at 12390 W. 44th Avenue, on the south side of W. 44�' Avenue at the intersection with Ward Road. Property History Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres) in size. The property is regular in shape and includes a one -story 1,000 - square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. An existing access easement running across the western portion of the property provides access to a residence located south of the subject property. A curb cut providing access into the site is located in the northwest corner of the property and aligns with the intersection of Ward Road and W. 44 Avenue. Surrounding Land Uses The property is located in the northwest quadrant of the City of Wheat Ridge. The property is zoned Agricultural -Two (A -2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A -2 with single- family homes. To the east is a fueling station and convenience store zoned Commercial -One (C -1). To the northwest across W. 44 Avenue are properties zoned CA including sales lots for trailers and RVs. On the northeast corner of W. 44 Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. Current and Proposed Zoning Under the current A -2 zoning, permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the MU -N zoning expands development options to include live /work scenarios or neighborhood - serving commercial uses. No site changes are anticipated at this time. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 04 -2013, an ordinance approving the rezoning of property located at 12390 W. 44th Avenue from Agricultural -Two (A -2) to Mixed Use- Neighborhood (MU -N) on first reading, order it published, public hearing set for Monday, March 25, 2013 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Council Action Fon-n February 25, 2013 Page 3 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director WHERE - proposed • r- is supported by the City's Re newal Comprehensive Plan—Envision Wheat Ridge—and by the 1-70liGpling Corridors Urban j � Section 2., Vested Proll; �S!U Rig Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions • Section 26-121 • the Code of Laws of the City of Wheat Ridge. Section S.- Effective Date.. This Ordinance shall take effect 15 days after final publication, as provided • Section 5.11 of the Charter. 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. jerry DiTullio, Mayor M. "10 i 1111 n'Ejm t publication: Gerald Dahl, City Attorney 2nd publication: Wheat Ridge Transcript: Effective Date: City of Wh6atP,id e POSTING CERTIFICATION CASENO. 10;�-t PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: S (n am e) residing at 9 C r l y -A avr (address) as the applicant for Case No. , hereby certify that I have posted the Notice of Public Hearing at 1-2 390 c _r V V ` Avg (location) on this day of /��,;,, , 20 / 3 , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: � NOTE: This form must be submitted at the public he ng on this case and will be placed in the applicant's case file at the Community Development Department. -� City of Wheat R g c PUBLIC NOTICE POSTING REQUIREMENTS Applicants are required to post a sign of PUBLIC NOTICE before all administrative variance cases. Signs will be provided by the Community Development Department. One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 301235,2846 F: 301235.2857 February 14, 2013 James Frisk Janelle Frisk 12390 W. 4e Ave. WYeat :!.idge • I'l At its meeting of February 7, 2013, Planning Commission recommended APPROVAL of Ca No. WZ- 1 2-1 1, a request for approval of a zone change from Agricultural-Two (A-2) to Mix Use-Neighborhood (MU-N) for property located at 12390 W. 44' Avenue for the following reasons: ffiwmw r approval of a zone change is s6gWhl&,�* Enclosure: Draft of Minutes cc: WZ- 1 2-1 1 (case file) www.d.wheatridge.co.us A. Case No. WZ-12-1 1: An application filed by James Frisk for approval of a zone change from Agricultural -Two (A-2) to Mixed Use Neighborhood (MU-N) for the property located at 12390 W. 44' Avenue. Commissioner OHM asked if there was another property zoned MU-N further to the east on W. 44 Avenue. Ms. Reckert confirmed the RV America property at W. 44 Avenue and Tabor is zoned MU-N and MU-C Interstate. Commissioner OHM asked if the access easernent accommodates any required landscape buffers on the west side. Ms. Reckert stated no. Chair TIMMS asked about the large amount of pavement and parking in the front of the property. Ms. Reckert stated that when the owner acquired the property, the front yard was a maintenance problem. The parking area is probably larger than needed, but ft was installed to reduce maintenance issues. Janette Frisk 5060 Youngfield St, Wheat Ridge, CO I I I nave no plans to cnange Tffe­6 the property. The purpose of the zone change is to allow a small business to occupy the property, This could include an accounting firm, attomey, or hair salon, but they have no desire to include a drive through. Mrs. Frisk stated that they own the Longshots Bar & Grill up the street and are invested in the City of Wheat Ridge. The property and the City Planning Commission Minutes -2— February 7, 2012 will be better served by the site being zoned mixed use; there is no desire to use the site residentially or agriculturally. Commissioner BRINKMAN asked the applicant if they have considered signage. Ms. Frisk said the best location may be in the landscaped strip along W. 44th Avenue. This would provide visibility from W. 44 Avenue and Ward Road. I taim W I In# 1% full W_ I# it 1"M It"; I If, Chair TIMMS closed the public hearing as no members of the public were present. missioner urn - ENNY1 to recommend approval of Case No. WZ42-11, a request for approval of a zone change from I Agricultural-Two to Mixed ++ + ++ for property located 12390 W. 44 Ave., for the following reasons: Ms. Reckert stated that this case will go to City Councilfor first reading on February 25 and that the public hearing is scheduled for March 25. Planning Commission Minutes -3— February 7, 2012 City Of 9 C(Ol M h�AMUNiTy Wheat Ride DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 7, 2013 CASE NO. & NAME: WZ- 12- 1 1/Frisk ACTION REQUESTED: Approval of a zone change from Agricultural -Two (A -2) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 12390 W. 44th Avenue APPLICANT(S): Janell and James Frisk PROPERTY OWNER(S): Same APPROXIMATE AREA: 15,000 Square Feet (.34 Acres) PRESENT ZONING: Agricultural -Two (A -2) PRESENT LAND USE: Single family residence/home occupation COMPREHENSIVE PLAN: Neighborhood Commercial Corridor / Neighborhood Buffer ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP �I SITE Case No. WZ -12 -11 /Frisk All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ -12 -11 is an application by James and Janell Frisk requesting approval of a zone change from Agricultural -Two (A -2) to Mixed Use - Neighborhood (MU -N) for property located at 12390 W. 44` Avenue . (Exhibit 1, Letter of request) The zone change is the first step in the process for approval of mixed use development on this site. If approved, and prior to any construction, a site plan review will be required to confirm that proposed development meets the standards of the mixed use zone district. The proposed rezoning area includes one parcel, the total area of which is approximately .34 acres. (Exhibit 2, Aerial) II. EXISTING CONDITIONS /PROPERTY HISTORY Surrounding Zoning and Land Use The property is located in the northwest quadrant of the City of Wheat Ridge. The property is zoned Agricultural -Two (A -2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A -2 with single- family homes. To the east is a fueling station and convenience store zoned Commercial -One (C -l). To the northwest across W. 44`' Avenue are properties zoned C -1 including sales lots for trailers and RVs. On the northeast corner of W. 44` Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. (Exhibit 3, zoning map) Subject Property Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres) in size. The property is regular in shape and includes a one -story 1,000- square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. An existing access easement running across the western portion of the property provides access to a residence located south of the subject property. A curb cut providing access into the site is located in the northwest corner of the property and aligns with the intersection of Ward Road and W. 44` Avenue. (Exhibit 4, Site photos) 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 which residential uses are permitted, in addition to a limited range of neighborhood - serving commercial and retail uses. Under the current A -2 zoning, permitted uses include single family homes and some agricultural functions. Under the proposed zoning, a single family home would still be a permitted use, but the Case No. 97-12 -11 /Frisk MU-N zoning expands land use options to include live/work scenarios or neighborhood-serving commercial uses. 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 use of the subject property more flexible by allowing for a wider range of uses. The MU-N zone district also has enhanced architectural controls to ensure compatibility with the variety of surrounding land uses, if redeveloped. Allows new residential, commercial, or mixed uses — many uses limited by small size of the lot High quality architecture required; standards related to articulation, variation, materials, transparency 35 feet if building has residential use 50 feet for all other buildings Allows single-family residential and urban gardens; special uses include day care centers, churches, group homes, kennels No architectural standards for single- family homes; metal buildings permitted for accessory structures 10% for mixed use 25% 15% for single use I Given the proximity of two single-family homes to the south and the west side of the subject site, it should be noted that the MU-N zone district includes standards which offset the potential impacts of new commercial development and taller buildings. To protect the existing residential properties, the following regulations apply to all new MU-N development adjacent to single-or two-family homes: • Screening is required wherever a parking lot abuts a residential use, including a 6-toot landscape buffer and a 6-foot fence, wall, or hedge. • A landscape buffer is required wherever a building abuts a residential use. This includes a minimum 10 -foot wide landscape buffer for I - to 2-story buildings, 15 feet for 3-story buildings, and 20 feet for a 4-story building. Case No, TV7,12-1 IlFrisk 3 0 — 12 foot build-to area 30 feet 5 feet 15 feet 0 feet 15 feet 1-2 story = 10 feet 15 feet 3 story = 15 feet 4 story or more = 20 feet 90% for mixed use 25% 85% for single use 10% for mixed use 25% 15% for single use I Given the proximity of two single-family homes to the south and the west side of the subject site, it should be noted that the MU-N zone district includes standards which offset the potential impacts of new commercial development and taller buildings. To protect the existing residential properties, the following regulations apply to all new MU-N development adjacent to single-or two-family homes: • Screening is required wherever a parking lot abuts a residential use, including a 6-toot landscape buffer and a 6-foot fence, wall, or hedge. • A landscape buffer is required wherever a building abuts a residential use. This includes a minimum 10 -foot wide landscape buffer for I - to 2-story buildings, 15 feet for 3-story buildings, and 20 feet for a 4-story building. Case No, TV7,12-1 IlFrisk 3 • In addition to a landscape buffer, buildings over 2 stories must provide a 5-foot step back for each additional upper floor. • Any portion of a building within 100 feet of a residential use may not be taller than 4 stories. At this point, the property owners do not intend on expanding the building or redeveloping the site. The small lot size limits total redevelopment of the property and what could be built. IRMOUM 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. Staff concludes that this criterion has been met, 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: Case ATo. W7,12-111Frisk 4 a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the 1-7olKipling Corridors Urban Renewal Plan and the City's comprehensive plan—Envision Wheat Ridge. Both plans were adopted in 2009 and both recognize the need to improve underutilized properties through investment. Because the MU-N zoning will allow for a wider range of uses on the property, the zone change is expected to encourage investment in the area, as well as revenues to the city. The Structure Plan map in Envision H17teat Ridge illustrates the community's vision by classifying different types of areas and corridors. It is not a parcel-based land use map, and therefore does not show all existing and proposed land uses. In the Structure Plan, W. 44th Avenue is shown as being a "neighborhood buffer" on a "neighborhood commercial corridor". The comprehensive plan calls for an improved mix of land uses in the transitional areas between the City's high intensity commercial corridors and lower density residential neighborhoods. The subject property is ideally situated to serve as a transitional site or neighborhood buffer between the homes south and southeast of the site and the commercial businesses along 40' Avenue, In the urban renewal plan, the property is located on the edge of an area designated as a Community Commercial node which extends to the east and northeast. Stqf ,f concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the Ci4y of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Agricultural-Two (A-2) zoning designation as it appears on the City's zoning maps. Stq#'concludes that this criterion is not applicable, c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. With the proximity to the 44"'/Ward intersection and 1-70, Staff questions the desirability of continued use of the property for single family residential living. Ward Road just north of 44 Avenue carries over 22,000 vehicles per day (2006 count) and counts on 40 Avenue average 15,400 vehicle trips to the west of the site and about 9,000 daily trips to the east. There are other vacant single family homes with A-2 zoning on 44 further to the west which have been for sale for quite some time. No viable residential offers have occurred on these properties. A zone change on this property may encourage similar applications in the area. By Case No. 11r*12-11IFrisk 5 allowing residential and/or limited commercial uses, the proposed zone change is consistent with the changing character of the area. Stir ff concludes that this criterion has been met. t. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Stqf ,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 input was held on December 5, 2012. Four people from the neighborhood n were in attendanceMAJN Ign "P i�,,"" 'MU' All affected service agencies were contacted regarding the ability to serve the property. Referral responses follow in regards to the zone change. Another referral process will occur in the future if and when a redevelopment scenario is proposed. Arvada Fire Protection District: No concerns. Further review will be required if the property redevelops in the future. Cost? No. 117, 12-1 111"risk 6 Because the zone change evaluation criteria support the zone change request, staff is recommending approval for Case No. WZ- 12-11, Vill. SUGGESTED MOTIONS Case No. TV7 12- I IlFrisk 7 EXHIBIT 1. -, LETTER OF REQUEST This letter is to serve as a request to consider a zone change for property address 12390 West 44"' Avenue from A2 to MU-N, This request is based on the need to operate a small business on the property, The property is currently surrounded by commercial and residential real estate. A2 zoning is no longer adequate for this property since we do not have a need for anything that the Agricultural zoning allows for, MU-N zoning would be more appropriate for the demographics of the area and would allow either residential of a small business at this location. As the owner of this property I have had a large amount of potential small businesses interested in leasing the building, These businesses would be beneficial to the city of Wheat Ridge and would also be beneficial to the neighborhood. Unfortunately these opportunities have been passed by due to the current zoning of the property. The property has been updated to meet the requirements relating to ADA as well as the requirements of the City of Wheat Ridge, A COA was granted based on the requirements set forth by the city and has operated as a home based business. The property is easily accessible from both 44 "' Avenue as well as Ward Road, The impact to traffic in the area would be very minimal if any at all. This rezoning request would not cause the need for any additional services from any branch of public utilities, Thank you for your consideration. Please let me know if you have any additional questions, James Frisk use fir. WZ-12-11IT'risk 8 EXHIBIT 2: AERIAL IMAGE Case No. WZ -12 -11 /Frisk EXHIBIT 3: ZONING MAP Case No. WZ -12 -11 /Frisk 10 IK- rte. � d Case No. W7-12 -11 /Frisk 12 Access easement along western property line for house to the south View east along 44` Avenue frontage Case No. W7-12 -I1 /Frisk 13 View west along 44` Avenue View north from property towards Ward Road /44 Avenue intersection EXHIBIT 5: NEIGHBORHOOD MEETING NOTES NEIGHBORHOOD MEETING NOTES Date: Cite Staff Present Location of meeting Properh location: Property of %ner: Property Owner(s) present? Existing Zoning: Comprehensive Plan Designation: December 5, 2012 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29`" Avenue Wheat Ridge, CO 80033 12390 W. 44' Avenue James Frisk, Property Owner 12390 W. 44' Avenue 303 -513 -7051 denved f[ net Yes Agriculture — Two, A -2 Neighborhood Commercial Corridor / Neighborhood Buffer Members of the public present: There were four area residents and/or property owners in attendance. An anonymous email was submitted in support of the request. See attached sign- up sheet. Applicant's Proposal: The applicant, James Frisk, is proposing to rezone the property to a mixed use zone district to provide the option for a commercial tenant. Existing Conditions: The property is located at 12390 W. 44' Avenue in the northwest quadrant of the City of Wheat Ridge. The property is zoned Agricultural -Two (A -2), and is surrounded by a variety of land uses and zoning designations that reflect the residential roots and commercial transitions within the area. To the west and south are other properties zoned A -2 with single- family homes. To the east is a fueling station and convenience store zoned Commercial -One (C -1). To the northwest across W. 44' Avenue are properties zoned C -1 including sales lots for trailers and RVs. On the northeast corner of W. 44' Avenue and Ward Road is Long Shots Bar & Grill which the applicant also owns. Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres). The property includes a one -story 1,000- square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. wwA.d.whestridge.co.us Case No. WZ -12 -11 /Frisk 14 A curb cut providing access juto the site is located ill the 1101•thwest comer of the property and aligns Nvith the inters=ection of Ward Road and W. 44" Avenue. The following issues were discussed: Why does the property owner want to rezone? the current :err ing on the proper(j is A-2 which al/oo s 011/1" a single./aInill residence and some limited v � ' fitrining uses, A busines is on/Yo/101A as a home occupation anciflat-v to a single fi4tnilv home, The :one change to AIU-N wd/ all(,)Il coatillerciol What tYPCS Of co"Injercial uses could work on the property , ? The pr opeqy W'd t he structure are I small which wouldprohibit inan ' j� of the aflo wed comatercial uses which could operate under the existilkq site conditions -,fiw avanlPle, Meet is not ample area 10 C(alstruct a feast ,food a ctm&tions would be an insurance of _fict% a halt salon or a small antique store, lOhe zoijok is approved, the proposed tenant would bc� a retoij. consignnielv store, Are any changes proposed for the property? the structure and site and no immediate site or building changes are proposed, * Whik noispecilicallY inewif)"ed MePYPOt" will require 15 landscaped co"(W(ki,"' lltdwuant it) 11tvAILLN vniii1g, require"Ient, Is it possible to restrict drive-througli uses on the property? SIC!ffis 'lot in,f vor qfresiricting a , 11 7 attende(,,�v vvereencouraged to attend the 11twoolingplibli(" hearing's to voice their concerns, Casej'Vo. WZ-12-111Frisk 1 5 cr) Cn W to 4z, 9 "S _0 OP, m C9 m X z N 0 • 0 • 0 • > > Z 0 • 50 CL cr • A) m 0 Ob 0 .01 0 CL (.0 0 M t 3* x a 0 CL c Z =r cr 0 0 • CL Case No. 1 12-1 I/Frisk 16 1 k < -` City Of _ Wheat N COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 CERTIFIED LETTER NOTICE P: 303.235.2846 F: 303.235.2857 January 24, 2013 Dear Property Owner: This is to inform you of Case No. WZ -12 -11 which is a request for approval of a zone change from Agricultural Two (A -2) to Mixed Use - Neighborhood (MU -N) for the property located at 12390 W. 44 Ave. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission February 7, 2013 na 7.0017 m City Council March 25 2013 OD 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. WZ121 l.doc www.d.wheatridge.co.us VICINITY MAP ite m • : ♦i 7010 2780 0002 5833 9135 BECCERA ABNER S BECCERA YVONNE M 9699 W 75TH AVE ARVADA CO 80005 7010 2780 0002 3833 9101 CHRISTENSEN MARTIN i 4365 VIVIAN ST WHEAT . i • 0 7010 2780 0002 5833 "1 CROTTY MICHAEL i 12420 W 44TH AVE RIDGE WHEAT i : 11 ENTERPRISES 7010 2780 0002 5833 9012 FRISK ♦ail WARD *i WHEAT i CO .ii ?0 10 2780 Ili 5833 8985 44TH OPPORTUNITY I LLC P O BOX 16097 GOLDEN CO 80402 7010 2780 0002 5833 9128 BONDER WAYNE B 1776 JAY ST LAKEWOOD CO 80214 7010 3780 0002 5833 9098 CHRISTENSEN ROBERT W CHRISTNSEN JAN M 7303 ELLIS ST ARVADA CO 80005 7010 2780 0002 5833 9067 EHLEY CHARLES D EHLEY MISTY L 2364 S ACOMA ST DENVER CO 80223 7010 0780 0002 5833 9005 FRISK JAMES A 12390 W 44TH AVE WHEAT RIDGE CO 80033 7010 2780 0002 8833 8978 MOSS RUBY M PUBLIC STORAGE EURO 2357 GENEVA ST PARTNERSHIP VII LTD AURORA CO 80010 C/O DEPT PT CO 27272 7012 1010 0001 7277 9323 PO BOA 2502 rl $:nMn1 1: rA os ?nl ANDERSON CURTIS A ANDERSON NANCY L 4330 VIVIAN ST WHEAT RIDGE CO 80033 7010 2780 0000 3833 9111 BRIGHT ALAN L 1155 VIVIAN ST LAKEWOOD CO 80401 7010 2780 0000 3833 9081 CLASSIC waIL R SALES 4415 WARD +i WHEAT i CO +!► sIt 0002 FOELLMER TOM J FOELLMER VERONICA S 11755 W 20TH AVE LAKEWOOD (-() Rn')l r- 7010 2780 0002 5833 8992 1 1 ! IIIf I .� Yk W pp Q 59 IN CV) N r 11 in u N r n .. O v � V ca 1S - NVIAIA — - n Q 10 �(y eq ! 9 N cV 0 N 0 r- v 0 C Ell t 'l is lHolum cl 1S - NO N3X ea ri c+i 2 C4 ci 0 cn n The following case shall be heard: Case No. WZ-12-1 1: An application filed by James Frisk for approval of a zone change from Agricultural-Two (A-2) to Mixed Use-Neighborhood (MU-N) for property located at 12390 W. 44" Avenue. Said property is legally described as follows: THE NORTH 200 FEET OF THE SOUTH 641.50 FEET OF THE WEST 75 FEET OF THE NORTHEAST/40F SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6 TH P.M., ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: MT ner. Admillisirativc Amistant CITY OF WHEAT RIDGE &MMIC "'W1 6% V w9w M The full text of this notice including a map is available in electronic fon'll on the City's official website, www-ci.wheatridgeco.us, Legal Notices. Copies are also available in printed form in the Community Development Department. • City of Wheat Ridge Municipal Building 7500 W. 29"' Ave, Wheat Ridge, CO 80033-8001 P: 303.235,2846 F: 303,235.2857 Your request was sent out for referral and the following comments were received: Arvada Fire Protection District.- See attached correspondence from Kevin Ferry dated December 26, 2012. I= Meredith Reckert, r I, Senior Planner www.ci.wheatridge.co.us December 26, 2012 MM M. The Fire District has reviewed the referral for the case as noted above for compliance with the 200• International Fire code as adopted by the City of Wheat Ridge. Under the scope of this case, the Fire District supports approval of this case as submitted. development referrals for this parcel. 0 It =ME= Date: December 12, 2012 Response Due: December 27, 2012 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Agriculture — Two (A-2) to Mixed Use — Neighborhood (MU-N) for property located at 12390 W. 44th Avenue. I- 1-0�� �Ty ROM Request: Approval of a zone change from A-2 to MU-N to allow for commercial uses on the site. r,:11LR1TALSJML-7dn118UW Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be Issued. Case Manager: Meredith Reckert Voice: 303,235,2848 Fax-, 303.235.2857 Email: mreckert&i.wheatridgeco.us Wheat Ridge Public Works LIA IT-M a *Ir* r.T:N:f M ♦ 'rbe Valley Water District has no-concerns with the proposed rezoning. X � 191 "Ae Carnation Qy lo Mere - 1.390 W44th rime_ Frisk Rezoning, ( 12- 21- 12)Aocx City of W heat Midge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: December 12, 2012 Response Due: December 27, 2012 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Agriculture — Two (A -2) to Mixed Use — Neighborhood (MU -N) for property located at 12390 W. 44th Avenue_ No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ -12 -11 /Frisk Request: Approval of a zone change from A -2 to MU -N to allow for commercial uses on the site. The property is .34 acres in size and has a renovated house with 1000 square feet of floor area on it. No changes are proposed for the property or structure. The MU -N zoning would allow for retail, office and residential development. See attached zoning synopsis. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert @ci.wheatridge.co.us UI51 KItfU I IUN: Valley Water District Wheat Ridge Public Works Fruitdale Sanitation District Wheat Ridge Economic Development Arvada Fire District Wheat Ridge Police Department Xcel Energy Wheat Ridge Building Division AT&T Broadband Qwest Communications "The Carnation City" Vicinity map "The Carnation City" k . 2 `S a I MI'XEI USE ZONING MIXED USE NEIGHBORHOOD (MU -N) W i1Cat BETTER ZONI 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 building 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 = 0' -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 { 1 it`d -to area :1 i �^bp'gco +o Sue etFt ptitttafY o ! k ! r it N 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 n ior to MU -N zonin . 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 � « � I MIXED USE ZONING MIXED USE NEIGHBORHOOD (MU -N) YMI� 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) Residential Transition: Upper Story Stepbacks ,S'. 35'i _.._..- .._..- .._..eE - ld. -.. -. OPEN SPACE REQUIREMENTS Minimum Open Space Requirements Mixed use development 10% of development site Single 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. City of Wh6atp_j�d e g �CCOMAAMUNtTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29"' Ave, Wheat Ridge, CO 80033-8001 P: 303.235,2846 F: 303,2352857 Date: December 5, 2012 City Staff Present: Meredith Reckert, Senior Planner Location of meeting: Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 29' Avenue Wheat Ridge, CO 80033 Property location: 12390 W. 44"' Avenue Property owner: James Frisk, Property Owner 12390 W. 44"' Avenue 303-513-7051 denvetf&comcast,net Property Owner(s) present? Yes Existing Zoning: Agriculture — Two, A-2 Comprehensive Plan Neighborhood Commercial Corridor / Neighborhood Buffer Designation: Members of the public present: There were four area residents and/or property owners in attendance. An anonymous email was submitted in support of the request. See attached sign- up sheet. Applicant's Proposal: The applicant, James Frisk, is proposing to rezone the property to a mixed use zone district to provide the option for a commercial tenant. Based on Jefferson County Assessor records, the property owned by the applicant is nearly 15,000 square feet (0.34 acres), The property includes a one-story 1,000-square foot residence that was originally built in 1946. In the last several years the property was partially converted to accommodate a home occupation. This conversion work, included installation of an accessible bathroom and wheel chair ramp. The majority of the front yard was paved and striped to provide parking. The rear of the property is unimproved. www.d.wheatridge.coms A curb cut providing access into the site is located in the northwest corner of the property and aligns with the intersection of Ward Road and W. 44' Avenue. Why does the property owner want to rezone? The current zonitigon the property isA-21,1 allows only a singlefianfily residence and some limited farming uses. A business is only allowed as a home occupation ancillary, to a single,lami4y home. Tite Torre change toMU-Nl4, uses. What types of commercial uses could work on the property? The propeqy and the structure are rather small vvhich would prohibit marry of the alloived commercial uses ivhich could operate under the existing site conditions —fior example, there is not ample area to construct a a ,/ stfood restaurant, a large grocery store or a gas station. The Ores of tenants appropriate.,f6r the existing site conditions ivould be an insurance qffice, a ban- salon or a small antique store. Y'the zoning is approved, the proposed tenant would be a retail, consignment store. Are any changes proposed for the property? The owner has alrea,# invested S60, 000 in improving the structure and site and no immediate site or building changes are proposed. * *While notspec7flced y mentioned, the propert) will re 1599' landscaped coveroge pursuant to the MU-N zoning requirement. The residents to the south get access to their home from 44 Avenue across the western portion of the property where there is a dedicated access easement. They expressed concern that this access may get blocked by business patron parking. Mr. Frisk said that he would work ivith them to install signage andlor pavement striping to indicate that this access must be kept clear of vehicles. What will be the effect on property values in this area if the property is rezoned? The City does not collect property tares — this is done by Jqf/erson County I:Vpically, commercial properties are assessed as having more value than agricultural properties. It was suggested that the County Assessor be contacted to discuss property tax implications. Is it possible to restrict drive-through uses on the property? Stc# restricting ,fis not injai, q1'resu uses g normally allowed in a zone district. The attendees were encouraged to attend the upcoming s_ public hearings to voice their concerns. 2 MOKE _0 ► I N _0 ► CPI > m CL > =r • N ► =r • Z CL cr cr 0 m 0 (J" 0 :e CL w 0 ic ell- M 0 ► • X m ic CL CL > C Z cr 0 ► 0 CL 00 ^J m 01 t�J ICJ to OD _.a. Q ME MOMMEMINS This letter is to serve as a request to consider a zone change for property address 12390 West 44 Ih Avenue from A2 to MU-N. This request is based on the need to operate a small business on the property. The property is currently surrounded by commercial and residential real since we do not have a need for anything that the Agricultural zoning allows for, MU-N zoning would be more appropriate for the demographics of the area and would allow either residential or a small business at this location. As the owner ♦ this property I have had a large amount • potential small businesses interested in leasing the building. These businesses would be beneficial to the city of Wheat Ridge and would also be beneficial to the neighborhood. Unfortunately these opportunities have been passed by due to the current zoning of the property. the City of Wheat Ridge. A COA was granted based on the requirements set forth by the city and has *perated as a home based business, The property is easily accessible from both 44 Avenue as well as Ward Road, The impact to traffic in the area would be very minimal if any at all. This rezoning request would not cause the need for any additional services from any branch of public utilities. Thank you for your consideration. Please let me know if you have any additional questions, BE= James Frisk 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? Yes ! 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 jg C COMMUNITY DEVELOPMENT 12390 West 44th Avenue Proposed zone change: From Agriculture -Two (A -1) to Mixed Use - Neighborhood (MU -N) City of Wheat�idge MUNITY DEVELOPMENT C 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: The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. Adequate infrastructure /facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 3. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city- approved policies or plans for the area. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height. There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. What is a zone change? A zone change is the process of changing the current zone district to a different zone district. A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., residential vs. commercial). All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district. Why is a neighborhood meeting required? A neighborhood meeting is required for all zone change requests. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All residents within 600 feet are notified of the meeting. How do I give my opinion on a zone change? All public hearings for proposed zone changes are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any written correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence should be routed through planning staff. Can I contact my council representative? Public hearings for zone changes are quasi - judicial in nature. This means that the deciding body should make a decision only based on testimony presented at public hearings. Please do not contact the Mayor, Planning Commissioners, or City Council representatives to discuss the merits of the case prior to the public hearings, it could jeopardize their ability to hear the case. What is a legal protest? A legal protest is a formal, written protest which can be submitted by adjacent property owners within 100' of a subject property. If 20% of property owners on one side within a 100' radius file a legal protest, it requires a three - fourths vote of City Council (6 out of 8 members present) to approve a zone change instead of a simple majority (5 out of 8 members present). A legal protest is usually filed after the Planning Commission public hearing. Community Development Department . 303 - 235 -2846 . www.ci.wheatridge.co.us Date: November 26, 2012 To: Neighbors of 12390 W. 44"' Avenue Wheat Ridge, CO 80033 From: :fames Frisk 12390 W. 44"' Avenue Wheat Ridge, CO 80033 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 owner-, 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 Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner x remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although asYnopsis Of the meeting will be entered as testimony, it is the public bearing in front of the Conununity 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? • flow 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 12505 W 44TH AVE LLC 44TH OPPORTUNITY LLC ANDERSON CURT | 5 A 320 STARFIRE WAY P O BOX 16097 ANDERSON NANCY GOLDEN CO 80401 GOLDEN CO 80402 4330 VIVIAN ST WHEAT RIDGE CO 80033 PLAN , CHAD 4345 VIVIAN ST *! � ■�. e =a,a ! : °: !e , ■ 5221 MC INTYRE ST G OLDEN CO =,; BONGER WAYNE WAY t 1776 JAY ST .3■: ELLIS ST ,' •DA CO 80005 ,• ;' ■�■ all D&C INVESTM 1255 W *• � »�,� - ■� ■_ „ °. : .��. ■ ■� «� . ' .e =■ <� FRISK ENTERPRISES LLC 4 400 .RD R GRAHAM JERRY G 2 445 YOUNGFIELD ST ,,. 2 ; G OLDEN CO 04 KRIEG GARY KRIEG MARGIE4320 V IVIAN BRIGHT ALAN L 1155 VIVIAN ST .� :ee ■ <e =,•, ! , � » •e t *Z�. \ . l !} e = ■, ■� C MICHAEL D 12420 1..,,V ..��'». e :! ■. ■_ . . §x - .: , II ., a� ©, � a ! ■,» e • ■ •,# . < ' -� . -■ < ^ .: y � : ■�'e• !�. ,,. 3 650 V w �� � la��e =a ■� 4365 VIVIAN ST » A, ' ■ e VW 2 ©» a� .lf.' •�$, � TILLY MICHAEL DE• XE NO N WHE AT RIDGE e !,■ «- .< CUNNI GLOR . 122 ^ 44 TH AVE WHE AT RIDGE e = ■■ eELLME- TO 2 � < ■; �� ,� . ee,.e ■,» FRISK JAMES A 123 90 W 44TH A WHEAT RIDGE CO 0 . , „ •'a • „ ■ •!, CHERYL 666 XEN a' •' •,; CO _ ■,,• MEFFORD SCOT 2 M EFFORD ■eNN 4380 XENON ST w:� t■ e =„ MENGEL JOY LEON F MOORE GENEVIEVE E MOSS RUBY M 43SOXENON ST MOORE JAMES E 2357 GENEVA ST WHEAT RIDGE CO 80033 MOORE SANDRA L AURORA CO 80010 4280 XENON ST WHEAT RIDGE CO 80033 MSR LLC I NOTCH PATRICK J PUBLIC STORAGE EURO 1250 S PARKER RD 203 NOTCH DEBORAH J PARTNERSHIP VII LTD DENVER CO 80231 16550 WILD PLUM CIR C/O DEPT PT CO 27272 MORRISON CO 80465 PO BOX 25025 GLENDALE CA 92201 RALPH J MANGONE FAMILY TRUST RMJL INVESTMENTS SIGRIST DAVE 3021 N JOYCE WAY 4395 XENON ST 2348 K 3/4 RD GOLDEN CO 80401 WHEAT RIDGE CO 80033 GRAND JUNCTION CO 81505 SIMONS WILLIAM J STROHMEYER RAY A SWEET DENNIS D 12400 W 44TH AVE STROHMEYER MARY T SWEET JULIA K WHEAT RIDGE CO 80033 4320 XENON ST 4295 VIVIAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 SYTSMA NANCY TOMASSETTI GABRIEL TREPANIER JOCLYN 12392 44TH AVE 4280 VIVIAN ST 4385 XENON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 VALERO DIAMOND METRO INC WEBER ANDREW R C/O REAL ESTATE DEPT WEBER RICHARD A 1 VALERO WAY WEBER PATRICIA A SAN ANTONIO TX 78249 12094 i i ARVADA CO 80002 CURRENT RESIDENT/ TENNANT CURRENT RESIDENT/ TENNANT CURRENT / TENANT 4340 VIVIAN ST 4325 WRIGHT ST 4365 7=S T WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHF RIDGE CO 80033 CURRENT REST T / TENNANT CURRENT RESIDENT / TENNANT CURRENT RESIDENT/ TENNANT 12550 W 4 4rH AVE 12550 W 44TH AVE 12500 W 44TH AVE WHEAY RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT/ TENNANT CURRENT RE NT/TENNANT CURRENT RESIDENT / TENNANT 4350 VIVIAN ST 4285 VI N ST 4385 VIVIAN ST WHEAT RIDGE CO 80033 WHE RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT REST T/TENNANT 4350 XE ST WHE RIDGECO80033 - 1 1 ,375 , XENON ST WHEAT RIDGE CO 80033 CURRENT RESIDENTJ-Tt NT 0 VACAN LAND 12392 \"4TH AVE WHEATIRIDGE CO 80033 CURRENT REST TE © T 4280 X22 WHEAT RIDGE CO 80033 f-1 - UlfWKBl , T TTE ft' I =, 12190 W 44TH AVE HE RIDGE CO 80033 VIUKAII lTl'BlllA 4320 Xp& ST WHE4T RIDGE CO 80033 ,, 1 1"o CURRENT RES,1915NT / TENNANT 4280 VIYlA ST WHEAT RIDGE CO 80033 UFNATIT i - rFTrJ - T7777M7T-7 4355 VIVIAN ST WHEAT RIDGE CO 80033 ,JTjoIlVd*k Mill IF. a _ 11#141 0 * 10 m WA CURRENT RESIDE NT./-TE9 0 VAC_ T+AN'D F° a' VI 9t' DG CO 80033 L I 851, ON ST AT R I DGE CO 80033 CURRENT RESIDENT/ TENNANT CURRENT RESIDENT/ TENNANT 12300 W •• TH AVE 4310 WRIGHTST WHEAT RIDGE CO 80033 ©, RIDGE C,_00 I * I . ...... I" JUT Meeting Date: an= Attending Staff: August 2, 2012 James Frisk, Property Owner Amygdbcr�co x ast.nct Meredith Reckert, Senior Planner Sarah Showalter, Planner 11 Lauren Mikulak, Planner I 12390 W. 44 `x' Avenue Existing Zoning: Agricultural-Two (A-2) Existing Comp. Plan: Neighborhood Commercial Corridor / Neighborhood Buffer A curb cut providing access into the site is located in the northwest comer of the property and aligns with the intersection of Ward Road and W. 44' Avenue. Applicant/Owner Preliminary Proposal: The applicant, James Frisk, is proposing to rezone the property to a mixed use zone district to provide the option for a commercial tenant. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required prior to submittal of a zone change application. Planning comments: The following items were discussed based on the applicant's proposed development: Zoning The site is currently zoned Agricultural -Two (A-2) which was established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. This zoning was inherited frown Jefferson County when the City incorporated in 1969. A pre-application meeting was held in May 2008 with the applicant to discuss the potential for a zone change. At that time, the only option for a commercial zone change was to rezone to a planned development district. An application was not pursued at that time. Based on the applicant's desire to retain some flexibility for future tenants including residential uses, a zone change to MU-N may be the best available option. The process for a zone change takes about four months and is described in more detail below. Ownership The area surrounding and including the subject property has never been platted resulting in all unusual pattern of lot lines and several landlocked parcels. Based on County records, the applicant owns two parcels (listed below). A third parcel to the east is 20 feet wide and includes parking and fencing associated with the subject lot, but it is owned by a third party (see enclosed ownership rnap). Tile eastern parcel may not be included in the zone change unless the applicant either acquires the parcel or acquires written pennission from the property owner to rezone the parcel. Based on County deed records a person named David igrist was the owner of 12390 W. 44"' Avenue in the 1990s, transferring the parcel in 1991 to another party (deed reception number 91077018). Lanciscaping The parcel is currently nonconforming in regards to landscaping, and the site will need to meet all landscape standards for the MU-N zone district if the rezoning is approved. These MU-N standards 10 Frisk r D = ave Sicarist Tile eastern parcel may not be included in the zone change unless the applicant either acquires the parcel or acquires written pennission from the property owner to rezone the parcel. Based on County deed records a person named David igrist was the owner of 12390 W. 44"' Avenue in the 1990s, transferring the parcel in 1991 to another party (deed reception number 91077018). Lanciscaping The parcel is currently nonconforming in regards to landscaping, and the site will need to meet all landscape standards for the MU-N zone district if the rezoning is approved. These MU-N standards 10 include 15% landscape coverage for the entire property. The property to the east which is under separate ownership may not be included in this calculation. Building Division comments: The building division was not present, but it should be noted that any work to convert the use of the building (eg-ftom residential to commercial or from commercial to residential) will require a building permit. Public Works comments: Public Works was not present at the meeting and has no comments at this time. 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. Using the criteria in Section 26-112.17 of the Municipal Code, the case manager will prepare a staff report and make a recommendation to present at the Planning Commission public hearing. After the staff report is presented at the hearing, the applicant and members of the audience will be allowed to I give testimony regarding the application. Generally, a decision for recommendation will be made at the end of the public hearing; sometimes a case will be continued to another hearing date for further study and input. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. 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 put-pose of publicly setting the date for the public hearing. The second reading of the ordinance is a public bearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public bearing. 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: Ownership map, neighborhood meeting template; zone change checklist Phone Numbers Meredith Reckert — Senior Plattner 303-235-2848 Sarah Showalter — Planner 11 303-235-2849 Lauren Mikulak — Planner 1 303-235-2845 John Schumacher — Chief Building Official 303-235-2853 In City of Wheat Ridge Municipal Building 7500 W. 29"' Ave, zva Pre-Application Meeting .12390 W. 40 Ave. (James & Janell Frisk) Public Work.- Rennirem nts: 2 Copies of the following shall be submitted for review and approval with the Building Permit Application: 1. Information Information pertaining to the Public Works development requirements, surveying/ROW information, City's Standard Street Construction and Erosion Control Details, and Grading/Fill Permits are available under Public Works/Development Review on the City of Wheat Ridge website at: www.ci.wheatridge.co.us 2. Application for Minor Grading/Fill Permit Prior to the commencement of any onsite grading or construction activities, an application for a Grading/Fill Permit along with the fees due shall be submitted for review and approval Please be advised that submittals will not be considered as being under review until such time as all required items have been received by the City. www.ci.wheatridge.co.us 12390 West 44th Ave. Frisk Property LEGEND GeoComm Parcels selection ROW CURRENT ROW _Q • Elevations - NGVD29 ndex Intermediate 3eoComm Roads LASS Primary road, interstate highway and limited access rum Secondary road, U.S. highway Connecting road, county roads Neighborhood roads, city streets and unimproved roads Special Road Feature Geocomm Parcels 50 100 Feel State Plane Coordinate Projection Colorado Central Zone Horizontal Datum NAD83/92 Vertical Datum NGVD29 DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely the requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. ii, i W heat R�idge 7500 West 29th Avenue Wheat Ridge, CO 80033 -8001 303.234.5900 DATE: 05/08/2008 ource: d:\ GISData \GIS1MXDstTemplates \ &size.mxd OMMM Property Address: 12390 West 44 Wheat Ridge, CO 80033 RE: Rezoning Change GMZCMMZ= opening a skin care center. The parking lot will be altered to provide for ten parking spaces in the front of the structure. One will be noted for handicap use only. We plan on using some existing landscaping, that includes mature trees, rock, and mulch. In addition, we will be adding landscaping to meet the city requirements of 20-25%. The property is currently serviced with a well and also has water rights to the Slater Moody ditch. As professional esthetician's we only use distilled water, which we will be :c_urchas n U a service to use both for treatments, water. We will however, be using the well water for general cleaning, laundry, and flushing the toilets. We will be purchasing a business sign that will be placed on the property within the street boundaries as required by the city. The sign will comply with city requirements. Business hours will be Monday through Friday, 8am to 5pm and will be open yei around, with no seasonal closures. In doing so, this will help us in getting our business and name out there to the public, and will also aid in expenses required to complete the process of turning this property into a commercial site. The fact that this would provide income, and generate clientele would be extremely beneficial to our success. Janell Frisk �q I-e V, IMF- City of h6uu, — CCOOMALY MUN ITY DEVELopm _NT Existing Zoning: A-2 (Agriculture-Two) Existing Comp. Plan: Community Commercial Center (CC) Existing Conditions: One residential structure (approx. •00 square feet) Will a neighborhood meeting need to %n&* Planning/EconornicDevelooment COMMents: Economic Develogment ggLnlneLij§j • The option of buying or leasing commercial property at another location in Wheat Ridge that already has zoning in place to accommodate the proposed use was discussed, • Another consideration is the increase in property tax if the property is rezoned from residential to commercial, The increase would be substantial, For details on any potential increases the Jefferson County Assessors Office should be contacted. IN Another option discussed would be to rent a booth for the services proposed at an existing location while the applicants determine what their best options are, One location mentioned was the Colorado Medical Spa on 38th Avenue. M-=-. • None, fi� Meredith Reckert - Senior Planner 303-235-284 Jeff Hirt - Planner If 303-235-28 Adam Tietz - Planner 1 303-235-28 John Schumacher - Building Official 303-235-28 Dave Brossman - Development Review Engineer 303-235-28 Ryan Stachelski - Economic Development Specialist 720-898-471* I City of �Wh6atl�, ,' jdge CommuNiTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P. 303,235,2846 F: 3012352857 Janell Frisk 12390 W. 44"' Avenue Wheat Ridge, CO 80033 Cc: Rebecca Ann Wellensick 202 Pike Street Golden, CO 80401 Dear Ms. Frisk, and Ms. Wellensick, If you are interested in proceeding with the rezoning, please feel fret- to contact me. Sincerely, Sarah Showalter, AIC'P, LE ED AP Planner 11 • • R f uj *x • • • rn • ui • i 00 • Nt ism • , o ♦♦ • • • Cl Oki • w yt • I .- .51 R (�S\ as Ar JE is 3 44 z 00 r- A. s2 (4 (4 ED R. kIN � �\ 2 ■ x TO: Potential Land Use Applicants FROM: Ken Johnstone, Community Development Director DATE: October 16,2012 SUBJECT: Notification of Surface Development (C.R.S. §31-23-215 and §24-65.5) In 2001, the Colorado Revised Statutes were amended to include an Article which addresses mineral rights in respect to land use applications. This Article states that any application for development must be accompanied by a completed notification to mineral estate owners. For the purposes of this requirement, an application for development includes any application which requires non-administrative approval from Planning Commission or City Council, including: • A Final Subdivision Plat • A Rezoning (including Planned Developments) • A Special Use Permit (if City Council approval is required) Building Permit applications are not considered an application for development, therefore mineral estate owners do not need to be noticed. A Certificate of Notice is attached, and must be completed and returned to the Community Development Department no later than ten (10) days prior to each public hearing, Both Planning Commission and City Council hearings must be noticed. It is the responsibility of the applicant, not the City, to notify any mineral estate owners prior to public hearing. Failure to notice will constitute sufficient grounds to reschedule the public hearing. If there are no mineral estate owners, the appropriate box on the certification can be checked and the certification can be submitted with the development application. CitV of Wheat Ridge k1unicipal Buildiyjg 7500 W 29 Ave, Wheat Ridge. CO 80033-8001 P: 303235,2846 F: 3012352857 APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application, Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing, as of/with (Print name) (Position/Job Title) (Entity applying for pertnitiapproval) (hereinafter, referred to as the "Applicant do hereby certify that notice of the application for set for public hearing on (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(1). 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. LV Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certifv that I any authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this - 1 day of __A� �/ 20i-2, MM City of LAND USE APPLICATION FORM DEVEOP E d ., jn=1 Land Use Data Fcn-, N w4 FjDm d bb Put 41 ba" RD"i"I'VI ZGN11",`5 APP F F"3 0 ZONE RECEN� AgMI'll W3 OWAO 00 as IT i ° . H)GE 11AM2 W5 Am CM Wy 44 Nr UUM NNOTHUH AUNT FMISD ZURIN5 APPLICATION F 0 i. 52� ZWE ;�AYMENT RECENED AMOUNT C!", 15684 10L 50 MAL M50, ----------- ► 41 V, City of r h6at 1 e- LA11D USE CASE PROCESSING APPLICATION I Community Develo pment Department 7500 West 29 Avenue # Wheat Ri (Please print or type all information) Applicant — J�MCS b"r" S k Address-- 0' Ve- Phone - 5 - 70 571 City....... State Zip_ Fax Owner Address City....... State_ Zip Phone Fax Detailed description of request: I - ",-/, / Date received .'%T 41ISSSS Fee S No. Case No, Comp Plan Desig, Zoning_ Quarter Section Map__ Related Case No. Pre-App Mtg, Date Case Manager___,