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HomeMy WebLinkAboutWZ-14-11City of Wh6at,Fd ---;�4�K()MmUNIIY DEVFLOPMENT __,ge City of Wheat Ridge Municipal Building 7500 W. 291h Ave, 'Alicat Ridge, CO 80033-8001 P: 303. 235,2846 F: 303,235,2857 February 25, 2015 Mr. Benjamin Kaplan 4295 Harlan St. Wheat Ridge, CO 80033 Dear Mr. Kaplan: At its meeting of February 9, 2015, City Council APPROVED Case No. WZ- 14-11, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) for property located at 4295 Harlan St., for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26- 112-E and 260-303-D of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kim Waggoner Administrative Assistant Enclosure: Draft of Minutes cc: WZ- 14-11 (case file) VV,WW.Ci.Wbeatridge.co.us 2. Council Bill No. 01-2015 - an ordinance approving the rezoning of property located at 4295 Harlan St. from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) Case No. WZ- 14-11 r• .r Current zoning allows commercial use. MU -N zoning will provide the option of conversion back to residential occupancy. Future redevelopment will only require administrative site plan review, Clerk Shaver assigned Ordinance 1564. Mayor Jay opened the public hearing. There was no staff presentation. Staff was available for questions, Mayor Jay swore in the speakers. Benjamin Kaplan (WR), owner, stated that he and his wife fell in love with this house, but the zoning won't allow them to live in it. It's a ranch style house that had been turned into a day spa. They need the rezoning so they can live in it and make it their home Council had no questions, Mayor Jay closed the public hearing. Motion by Councilmember Urban to approve Council Bill No. 01-2015, an ordinance approving the rezoning of property located at 4295 Harlan St. from Restricted Commercial (RC} to Mixed Use - Neighborhood (MU -N} Case No. WZ-14-11/Kaplan on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E and 260-303-D of the Code of Laws. Seconded by Councilmembers Wooden and Davis; carried 8-0. 3. Resolution 07-2015 —a resolution approving a first amendment to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the utilization of Tax Increment Financing for the proposed project at the southwest corner of 38th and Wadsworth— Continued from January 26, 2015 Council Meeting =03MMM I mA City of �,'�''Wh6atRjjge ITEM NO: DATE: February 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2015 - AN ORDINANCE tt i PROPERTY LOCATED AT 4295 x. t x.: STREET OF.O RESTRICTED COMMERCIAL TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. r, t PUBLIC HEARING ORDINANCES FOR 1ST READING (1/12/2015) BIDS/MOTIONS ORDINANCES FOR 2ND' READING (2/9/2015) RESOLUTIONS QUASI-JUDICIAL: Al Z 'YES xicant is requesting approval of x zone change from Restricted Use -Neighborhood (MU -N) for property located at 4295 Harlan Street. proposedThe rezoning area includes one parcel, which is approximately { property.21 acres. The purpose of the zone change is to expand possible uses for the i option of converting the existing structure back to + residential occupancy. At this time, the applicant is not proposing any new development or modifications to the site. If the ertU is redevela,,zed in the future underi ai wouldplan review be required to confirm proposed development meets the standards mixed use zone district. PRIOA ACTION: hearingPlanning Commission heard the request at a public recommended approval, sThe staff report and meeting minutes from the PlanningCommission Council Action Form -- Rezoning Harlan Street Property February 9, 2015 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $957 were collected for the review and processing of Case No. WZ- 14-11. BACKGROUND: The property is located at 4295 Harlan Street in the northeast quadrant of the City, near the intersection of Harlan St. and 44'h Ave. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses and a limited range of neighborhood -oriented retail uses. The primary structure on the property was originally built as a single family home in 1+51. Since that time, the building was converted for commercial use. Most recently, the site served as a spa and skin care business. Due to the low intensity of the use, the property retains a residential character inside. Surrounding Land Uses The site is currently zoned Restricted Commercial (RC) and is surrounded by residential and commercial uses. To the north, northeast, and south along Harlan Street are parcels zoned Restricted Commercial (RC). These properties include a chiropractor, veterinary clinic, and offices for an electrician and home cleaning service. To the west is a neighborhood zoned Residential - Two (R-2) and to the southeast is a neighborhood zoned Residential -Three (R-3). Both include mostly single-family homes. A few parcels north of the subject property on Harlan and Gray streets are properties that have been recently rezoned to Mixed Use-Neigbborhood (MU -N). Current and Proposed Zoning The current and proposed zone districts are very similar as RC and MU -N were both established to provide for neighborhoods serving commercial uses. A significant difference, however, is in the treatment of residential uses. In the RC zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current RC zoning. Unlike in Restricted Commercial, a new residence is considered a permitted use in the Mixed Use - Neighborhood zone district. The applicants are seeking a zone change to allow for them to utilize the property as their primary residence. The MU -N zoning will allow for the desired residential use and will also preserve the possibility of live/work or commercial uses for future owners. Council Action Form — Rezoning Harlan Street Property February 9, 2015 Page 3 The property has been through the standard referral process with no concerns raised by any outside agencies or city departments. A separate referral process would be required as part of future site redevelopment, which is not planned at this time. RECOMMENDED MOTION: I move to approve Council Bill No. 0 1 -2015 an ordinance approving the rezoning of property located at 4295 Harlan Street from Restricted Conunercial (RC) to Mixed Use -Neighborhood LMU-N)p on second reading and that it take effect 15 daips after final- cir _�adjk rink, Fra, t*g reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." EI 3=0 (MU -N) for the following reason(s): and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Sara White, Planner 11 ._q Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2015 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes, December 18, 2014 0 1 a - VA�11111ZAIII MR k" COUNCIL BILL NO. 01-2015 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERT LOCATED AT 4295 HARLAN STREET FROM RESTRICTE .I COMMERCIAL (RC) TO MIXED USE -NEIGHBORHOOD (MU. (CASE NO. WZ 14-11/ KAPLAN) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and WHEREAS, Benjamin Kaplan and Lauren Searcy have submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood zone district for property located at 4295 Harlan Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses and appropriate transitions between commercial corridors and neighborhoods; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 18, 2014 and voted to recommend approval of rezoning the property to Mixed Use -Neighborhood NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Benjamin Kaplan and Lauren Searcy for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: 6-11"al ILYA WIL%O"N I va, I 6� Section 2. Vested PLoI,1;eft1,1 Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge, 12 ir ii 11 "Mom Mc It, Attachment I welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severabilily; Conflicting, Ordinance Reggaled. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5 .11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12 th day of January, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, February 9, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to -, this 9th day of February, 2015. 'a SIGNED by the Mayor on this day of 201 1 Joyce Jay, Mayor Janette Shaver, City Clerk Gerald Dahl, City Attorney ist publication: January 15, 2015 2nd publication, Wheat Ridge Transcript - Effective Date: CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Sara White DATE OF MEETING: December 18, 2014 CASE NO. & NAME: WZ-14-11 / Kaplan ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 4295 Harlan Street APPLICANT(S): Benjamin Kaplan & Lauren Searcy PROPERTY OWNER(S): Benjamin Kaplan & Lauren Searcy APPROXIMATE AREA: 9,179 square feet (0.21 Acres) PRESENT ZONING: Restricted Commercial (RC) PRESENT LAND USE: Converted residential structure, used most recently for spa and skin care COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Case No. WZ-14-11 /Kaplan Attachment 2 SITE All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-14-11 is an application by Benjamin Kaplan and Lauren Searcy requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for the property located at 4295 Harlan Street (Exhibit I, Improvement Location Certificate). The proposed rezoning area includes one parcel, the total area of which is approximately 0.21 acres (Exhibit 2, Aerial). The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy, which the applicant intends to do. II. EXISTING CONDITIONS Subject Property The property is located at 4295 Harlan Street, in the northeast quadrant of the City, just south of W. 44`h Avenue near the intersection at W 43rd Ave. The property is currently zoned Restricted Commercial (RC), which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented; it is not intended to include general retail uses that serve the community or region, and it does not allow higher impact uses such as wholesaling, warehousing, or outside storage or display. New residential is only allowed in RC if it is accessory and subordinate to a commercial use, but existing residential uses are permitted to continue. The subject property is part of Karen Subdivision and is 9,179 square feet (0.21 acres) in size. The primary structure on the property was originally built in 1951 as a single family home. Since that time, the building has been converted for commercial use. Building permit records are incomplete and do not indicate specifically when the structure was converted from a residential to a commercial occupancy, but the Jefferson County Assessor classifies the site as commercial. Most recently, the site served as a spa and skin care service. Because of its original construction as a home and the subsequent low -intensity commercial use, the interior still retains a residential character. The front yard has been mostly paved to provide parking for the commercial activities. (Exhibit 3, Site Photos). Surrounding Zoning and Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded to the north and south by other properties zoned commercial. Directly west is property zoned residential as well as directly east across Harlan (Exhibit 4, Zoning Map). The property at 4335 Harlan, four lots to the north, was recently rezoned from RC to MU -N. Many of the properties on this block are converted residences and include businesses such as a chiropractic office, a veterinary clinic, and offices for an electrician and home cleaning service. The properties immediately to the north and south are zoned RC and used commercially. However, properties directly west and southeast are residentially zoned. The subject property, although located along a commercial corridor, is in close proximity to residential neighborhoods to the east and west. These residential areas are zoned R-2 and R-3, respectively. Case No. WZ-14-11 /Kaplan Ill. 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 and civic uses are permitted, in addition to a limited range of neigbborhood-serving commercial and retail uses. is cis are very similar as they both allow neighborhood serving commercia uses. A significant difference, however, is in the treatment of residential uses. In the RC zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a conunercial use, it cannot be converted back to a primary residential use under the current RC zoning. Unlike RC, in the MU -N zone district new residences are permitted -uses (including single-family homes). The applicant intends to convert the property back to a residential use and use it for their primary residence. The MU -N zoning will allow for the desired residential use and will also preserve for future tenants or owners the possibility of live/work or commercial uses. The following table compares the proposed and existing standards that apply to the subject property. In general, the MU -N and RC ione districts are also very similar in terms of development standards with very slight differences in the setback and lot coverage requirements. Because the subject block of Harlan Street is located in the Traditional Overlay of the Architectural and Site Design Manual, the RC and MU -N zone districts are also very similar in terms of architectural standards. 1 0 Allows new residential, comm al Allows limited co �1711' abw or mixed uses residential uses Determined by mixed use code Design Manual (ASDM) 35 feet if building has residential use 50 feet for all other buildings 50 feet for all other buildings 0- 12 feet f ssa contain building mass) 0 feet 0 feet 10 feet for 1 -2 story 15 feet for 3 story 20 feet for 4 story 0-1 feet (60% of the build -to area shall contain building mass) poomstrosaw 1111M Case Na. WZ- 14-11 /Kaplan 3 At this point, the applicant is not proposing any physical changes to the property. 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 promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone districts have similar development standards and permitted commercial uses. While the MU- N zone district will expand use options by allowing for residential uses, these are generally considered to be less intensive than commercial uses. The MU -N zoning is expected to add value to the subject property while maintaining consistency with the character of the 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. Adequate infrastructure currently serves the property, and no development is proposed at this time. If the property is redeveloped in the future under MU -N zoning, a site plan review application will be required and referred to all impacted utility agencies Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (11 of the following conditions exists: a. The change of zone is in conformance, or will bring the properqr into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan—Envision J11hearRidge. The plan designates Harlan Street as a Neighborhood Case No. 07' 14-11 lKaplan 4 Commercial Corridor which is envisioned as small-scale, pedestrian -friendly, mixed-use corridor. Although Harlan is classified as a collector, the subject block of the street is designed to feel walkable and neighborhood -oriented with detached sidewalks, patterned pavers, and street trees. By encouraging a mix of land uses, a zone change to MU -N on the subject property supports several City goals. By allowing residential uses, the zoning will expand housing options for those seeking to live in a mixed use environment. By continuing to allow commercial uses, the site remains compatible with the area and supports the development of a vibrant commercial corridor. Staffconcludes that this criterion has been met, b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial (RC) zoning designation as it appears on the City's zoning maps. Stql ,f 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 chan i ging character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from RC toMU-N neither responds to nor results in a notable change of character. I Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. IMCM R! � 10 1 � MIN 0: Staf .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. *7411Z"=�= WN ab IIIU;;IC1NtVU III pvssluly Case No. WZ-14-11 lKiplan 5 VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns. Xcel Energy: No objections, contingent upon maintaining all existing rights and ability for future expansion. Wheat Ridge Sanitation District: No objections; will require an official letter from Wheat Ridge Water District stating whether or not a water meter size change will occur. If there is a change in meter size, WRSD will require updated tap fees. Comments received relate only to the zone change request. No cornment was received from the water district, fire district, Economic Development Division, Building Division, Police Department, Comcast Cable, or Century Link. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process would be required in the future if redevelopment was to occur. At this time, the applicant is not proposing any redevelopment of the property. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately ser-ves the property, and the applicant will be responsible for upgrades, as needed, with future development or change in use. Finally, staff concludes that the zone change is consistent with the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of the request. VIII. SUGGESTED MOTIONS 2RILon A. "I move to recommend APPROVAL of Case No. WZ-1 -11, a request for approval of a zone change from Restricted Commercial to Mixed Use -Neighborhood, for property located at 4295 Harlan Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3, The proposed zone change is compatible with the surrounding area." Case No. TV Z- 14-11 / Kaplan ©�%y on B "I move to recommend DENIAL of Mase No. WZ-14-11, a request for approval of zone charge from Restricted Commercial to Mixed Use -Neighborhood, for property located at 4295 :Harlan Street, for the following reasons: 1. 2. 3. EXHIBIT I: IMPROVEMENT LOCATION CERTIFICATE COLORA •• E_N__G1 N --- EE ­RING & NO2014-11802 SURVEYING, INC. SENJAWN KAPLAN '%Wrm)47q cWwo* Soco 1922 WWWcopls1c*m 4750 Sowth Santo F* Ctrcls #8, Englewood, Colorodo 80110 i i SOME r - 25, PHONE(303) 761-8055 FAX� (303) 761-0841 ti A C S 1 0 N E 'v eo NCRC fr' ix CA& 136' Of Iiii t, -Or PLOT 1, J4 R v f, xT WTH MUMN ---------- STAU P� romo SPKE W WIN ftAGON4 LEGAL DESCRIPTION: PER WARRANTY DEED AT RECEPTION NO, 2014078198 THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIMSM, �COUNTY OF XFFERSON, STATE OF COLORADO ft - pre It79ki Case No, 07-1 -11 / Ktiplan 8 77 ti A C S 1 0 N E 'v eo NCRC fr' ix CA& 136' Of Iiii t, -Or PLOT 1, J4 R v f, xT WTH MUMN ---------- STAU P� romo SPKE W WIN ftAGON4 LEGAL DESCRIPTION: PER WARRANTY DEED AT RECEPTION NO, 2014078198 THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIMSM, �COUNTY OF XFFERSON, STATE OF COLORADO ft - pre It79ki Case No, 07-1 -11 / Ktiplan 8 EXHIBIT 2: AERIAL IMAGE Case No. WZ-14-11 /Kaplan EXHIBIT 3: SITE PHOTOS � ,��. gad: .. _.tl • •y� '•� i ��,1��t ,�: �' pope iti1 � r n T A_ i Al A view of the subject property looking west. The structure was built as a home and still retains a residential appearance. Although the majority of the front yard has been paved for parking, there are some mature trees that help maintain a residential feel. • ' 4115 MARL +..t4TR106E t0 4.04E .505154 D. -1 N.11J 010 View of commercial properties south of the subject parcel. Immediately to the south, the chiropractic office is a converted residential structure. The next property south is a veterinary hospital with a newer commercial style building. Case No. WZ-14-11 /Kaplan 10 wp- "'ARK a* T 47 lowadop- - . p * 'Ain EXHIBIT 6: NEIGHBORHOOD MEETING NOTES "of IWIZatf *dge d7MMUNI DEVF,,LOPMFNT .w..,." ...... ..._4. ... ........ City of Wheat Ridge Municipal Building 7500 W. 29`' Acs. Wheat Ridge, CO W033.8001 P 305,235,2846 F, 303,235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: September 24, 2014 Attending Staff- Lauren Mikul* Senior Planner Sam White, Planner 11 Joshua Botts, Planner I Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: City of Wheat Ridge Municipal Building 7500 W. 29" Avenue Wheat Ridge, CO 80033 4295 Harlan Street Oyorgyike Hatrivas No (applicant is under contract to purchase) Benny Kaplan Neighborhood Commercial Existing Comp. Plan: Neighborhood Commercial Corridor, Neighborhood Existing Site Conditions: The property is located at 4295 Harlan Street in the northeast quadrant of the City. The site is zoned Restricted Commercial (RC) and is in area that has a mixture of residential and commercial uses and zoning. Properties to the west are zoned Residential -Two (R-2) and are used for low density residential. The properties to the north and south ate zoned RC. These properties appear to have been constructed as single family residential uses but were modified to commercial uses, The site is located northeast side of Wheat Ridge. Based on Jefla—s-o—nLounty records, if nnp 01-002 with a total area of 9,179 square feet The property is part of the Ka #.. There is one structure located on the lot that is a 1,826 square foot converted home. The home was originally built in 195 1, but has since been converted to a commercial use. Applicant/Owner Preliminary Proposal: The applicant has the property for sale; however, the majority of the potential buyers are interested in using it for a residence, not a commercial use. In the RC zone district., new residential uses are not permitted unless they are ancillary to a primary residential use on the property and can then only be located in the rear or on a second level. The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N). The purpose of the rezone is to www.d.wheatridge. mus 13 The foRowing is a summary of the neighborhood meeting: • In addition to staff and the applicant, I member of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed use of the property as a primary residence. • The member of the public was informed of the process for a zone change. • The member of the public were informed of their opportunity to make comments during the process and at the public hearings. • 'I'lic attendee owns property in the area and was interested ill potentially rezoning his own property to MU -NI as well, ........... . ... . ... . .......... . .. .... . ... ....... . . ...... The following issues were discussed: Q: 1,Vhat are the buffering requirements in UU-N? A: The setbacks and buffering requirements depend on the adjancent uses. MUT-N includes residential transition requirements that require enhanced buffering including landscaping when adjacent to a single - or two-family residential use, Q: Does A4(J-N allow similar uses as compared to RC? A: MU -N and RC allow similar commercial uses; MU -N allows more residential uses than RC. Q: Could the rest ofthe Harlan corridor be rezoned to A4U-N? A: The MU -N zone district may be appropriate for other properties along Harlan. Harlan, Street is identified in the comprehensive plan as a neighborhood commercial corridor and the MU -N zone district complements this designation by allowing a mix of residential and neighborhood oriented commercial uses. Q.- lCould the City rezone Harlan to A11.1 -N? A: At this point in time, a legislative rezoning of Harlan has not been identified as a priority. Q: Can adjacent properties be rezoned to AI -N under a single application? A: Yes, if adjacent property owners submit as co -applicants, multiple properties could be considered under a single zone change application. Meeting Attendees: Mike Donahue 4240 Harlan Wheat Ridge, CO 80033 Case No. ff'Z-14-11 lKaplan 14 11 RM 01 EN 9 21 PLANNING COMMISSION Minutes of Meeting December orderThe meeting was called to Chair« .m. in the City Council Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado. �► : unimfas� Steve Art, Urban MeredithPlanner Sara White, Planner 11 Kim Waggoner, Recording It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda. Motion carried 6-0. it was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve t 4, 2014,i 5-0-1 with Commissioner TIMMS abstaining. PUBLIC for rr speak on any subjectappearing on, d « V= - December 18, 2014 No one wished to speak at this time. A. Resolution, 04-2014:, Mr. Art addressed the Commission with the request to adopt a resolution approving a d© .. nt to the Wadsworth Boulevard Corridor Redevelopment Plan in adherence to the City's Comprehensive Plan, Envision 911eat Ridge as it relates to the deve opment of a site at the sout)rwest-nimer 4& Uth 'A upm1p anI, 11ANIMIN an 'enew new r an !'I Plan. The project is still in the planning phase. He reviewed a preliminary site plan which showed the layout of the buildings. He stated the process will be heard by City I Council. The development will require public improvements including turn lanes, bus loading zones, walkability through the site and parking lots. The contamination I remediation will be included and the Tax Increment Financing (TIF) financing will aid i the land pay -down. Commissioner TIMMS inquired about «oMr. Art stated t Planning Commission will affirm the projecadheres to tile Cit�y's Comp Plan. If that is approved, the county and agencies will be notified with a 30 -day response period. The second modification to the Wadsworth Boulevard Corridor redevelopment will be taken to City Council which will utilize Planning Commissions' resolution as comment and they will approve or deny the second modification. If City Council approves it the Urban Renewal Authority (URA) can then enter into a Tax Increment Finance (TIF) agreement. Commissioner TIMMS asked if URA has voted to approve TIF for the property. Mr. Art responded they have not. They are still evaluating the pro forma. Tile project is not viable without TIF. U41 MOST J1Ke1Y Me #KA Will Meet hrst but they will not be able to sip the TIF agreement until City Council approves the second modification which allows the clock to start on TIF. Commissioner OHM inquired about the bold and red elements in the staff report and med tr confirhe items i tt T the Comp Plan, Mr. Art concurred, Commissioner OHM asked for the definition of multiple transportation modes. Mr. Art ® that was meant for the Transit Oriented District (TOD) site at Ward Road. Multi- modal would include commuter rail and pedestrian cars. This site project will enhance the multi -modal with high tech bicycle racks, more walkability through the site, and tile bus stop will be modified with a lane. Planning Commission Minutes -2— December 18,2014 Commissioner OHM inquired about the building height limits and upper story setbacks for mixed use commercial as it relates to residential development. Mr. Art stated a true mixed use can be five stories. The height limit without mixed use is 50 feet, 70 feet with mixed use. This project will be all single story buildings, grocery user will be screened. All outdoor storage will be screened. Commissioner BUCKNAM asked how much of the TIF value in tenns of a percentage is going toward the property value remediation. Mr. Art stated it is not a large percentage most of it is going toward the physical improvement for drainage, water and sewer service. Commissioner BUCKNAM asked if any city right-of-way is being planned for the development Mr. Art stated the interior will be private circulation. The main entrance 36'h Avenue will be built to city standards, The developer wants control their own snowl removal services. There are some right-of-ways on Wadworth and 38'h Avenue that will be dedicated. quality in tenns of appearance. He asked if the quality of the materials has been addressed with the developer. Mr. Art stated yes and more articulation has been requested. asoning as to wny tnis case is being heard by Planning Commission. Mr. Art replied any URA project with TIF require review by Planning Commission. Planning Commission Minutes .3— December 18, 014 pw­ owl the heavy traffic on Wadsworth. Plus the neighbors will be able to walk a short distance for groceries and the center for shopping and restaurants, Chair BRINKMAN inquired about stimulating investment and redevelopment in neighborhood buffer areas by updating and rehabilitating multi -family properties. Mr. Art stated the funds could be utilized for a fh�ade update on the apartments on Yukon Court. The funds are not given back exclusively to the project. They can be used for other projects within the area. Chair BRINKMJ6 iskei -,,e jQWj6_%g litl deep and it will remain. The water will runoff to the wetlands. Water surveys have been done. The project will not affect any of the water tables and will not cause flooding for the residents on the back street or to the cast. The water that flows to the north will be pumped back to the swale. A storm water management plan will be required and the normal review will be done. Commissioner DORSEY inquired about the dollar amount of the TIF Mr, Art stated has not yet been determined. It will be in about six to seven million dollar$. It is in purview of City Council and Thomas Lundy 3500 Allison St, Mr. Lundy read a three-page letter of opposition into the record. He is strongly opposed. He stated the proposed development was denounced as outdated in concept, has uninspired designs, is unimaginative, is dated, lackluster, has no tremendous arnount of multi -modal opportunities, has no walk -able center, is unworthy of TIF and cannot enhance character and gateways. The jobs will be low wage retail and food service jobs, More can be accomplished under the mixed use regulations. Once the land is developed and TIF is granted that opportunity is diminished. He urged the commoners to reject amendment. Maureen Daly 3620 Otis St. Ms. Daly stated many of the benefits listed in red are not believable. She doesn't believe Wal-Mart can preserve and enhance the neighborhood. The proposed town center will Planning Commission Minutes -4— December 18, 2014 harm what is being done on 38"' Avenue. She is worried about Safeway, property values and the increase of traffic on 38h Avenue. Louise A. Canjar 3055 Webster St. Cariar r,*rrcuv,,ed wi61 *i( Charlie Myers 3620 Otis St. I AfritVI tYe Tf, Mary DrobnIck 3695 Holland Ms. Drobnick also agreed with the previous speakers. Joseph Buchholz 3690 Chase St. Mr. Buchholz stated he is responsible for anti -Wal-Mart signs. He spoke to 250 people and the general consensus is that none of them want another Walmart on 3 8h Avenue. Robb Cobb 3600 Garrison St. Mr. Cobb stated he is in agreement with the other speakers for opposition of t# The steps seem pro-gressive and not progressive. This is a cookie cutter plan. We have the opportunity to do something different and identify Wheat Ridge with a change in the status quo. Commissioner BUCKNAM inquired about the phasing aspect. He asked wha wi!l happen if a developer doesn't complete a phase and how will that impact distn!bution of TIF and property value remediation. Essentially, how does it affect the tax payers, Mr. low interest rate. The TIF will be obligated to payback the bond purchasers. Ifthe project does not create enough revenue to pay the bonds the City is not obligated to pay out of the general fund or additional TIF. That is the risk the bond buyer will take for purchasing the bonds. Mr. Art reminded the Commission that the hearing is not about users or th 0 layout but conformance to the City's Comp Plan. . 1 plin tat) she opined that meant property taxes and retail tax. She asked if the city will recoup individual property taxes for the housing phase. Mr. Art stated yes, once the properties are done, each of them will be assessed as single family residential units. They will be plotted as separate lots. Planning Commission Minutes December 18, 2014 Commissioner TIMMS stated the mix of use at 38h and Kipling includes a grocery store, a multi -tenant retail and a senior housing component. A similar type of component is proposed for this site. Mr. Art concurred, EMU= It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to adopt Resolution 04-2014, finding the Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan for the southwest corner of 38'h Avenue and Wadsworth Boulevard is in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge. Commissioner BUCKNAM stated he has some issues with potential future site plans about whether transportation connections are being increased, enhancing community character and of local economy; does that mean preserving small business or simply building an employment base. Chair BRINKMAN stated she will be voting no not because of the potential uses but because she felt there was not enough infonnation about the property in the packet. She feels she doesn't have enough infon-nation to prove the property and the plan meets the Comp Plan. Commissioner OHM also stated he will be voting no because there were a lot of points that the applicant could of addressed and did not, Motion denied 24 with Commissioners BRINKMAN, 011M, DORSEY and KIMSEY voting no. B. Case No. 1-14-1 1: Ms, White presented the case. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and t presentation, She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and dtal presentation. She stated the purpose the structure back to residential occupancy. The applicant is not proposing any new development at this time. Planning Commission Minutes -6— December 18, 2014 Commissioner # if the City is okay with Harlan Street going residential. Ms. Reckert stated Harlan is an of both residentialand commercial. city is okay with the mixed zoning# uses as long compatible other. I] # t # change.converted to a commercial property with the zone change. There are more options with the zone Benjamin ► 4295 # + # # business. He has purchased itt is waiting for # he can live in it. 1. The proposed knotadversely impact or 2. The proposed i kge is consistent with the goatsand objectives of Comprehensive Plan, 3. The proposed zonele with the surrounding F � r Planning Conunission Minutes _ 7— December Dec ber 18, 2014 district or change the zone district. Ms. Reckert stated certain uses are dealt with differently in these districts so that would need to be reviewed, Commissioner BUCKNAM stated the setbacks are different in these zone districts. Commissioner OHM Law adjourn the meeting at 8:25 p.m. Motion carried 6-0. RTMITSIM 111VINNIP11 December 18,2014 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on Febrp�20��, at 7:00 pm., in the Council Chambers of the Municipal Building at 7500 W. 29 Z Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the Ciiv of Wheat Ridge, Call heather Geyer, Public Inforrriation Off icer at 303-235-2826 at least one week in advance of meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-11: An application filed by Benjarnin Kaplan for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street. Said property is legally described as follows: THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO ALSO KNOWN AS: 4295 HARLAN STREET % NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge CITY COUNCIL on February 9 2015, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City q1' Wheat Ridge, Call I-Ieather Geyer, Public Information Officer at 303-235-2826 at least one -�vvek in advance ofa meeting 4.you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ-14-1 1: An application filed by Benjamin Kaplan for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street. Published: Wheat Ridge Transcript, January 23, 2015 1*�441 1W Vr City of Wh6atRLdgc POSTING CERTIFICATION CASE NO. WZ-14-11 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: February 9, 2015 (name) residing atd°a, t C,0 (address) as the applicant for Case No. WZ-14-11 , hereby certify that I have posted the Notice of Public Hearing at 4295 Harlan St, Wheat Ridge CO (location) .� on this ` � r6% day of -`' 20 1 S , 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 hearing on this case and will be placed in the applicant's case file at the Community Development Department. (its, apt ,.heat I< ITI'M NO, l: AI l : January 12, 2,o] 5 REQUEST FCS CITY COUNCIL IL ACTION �w TITLE: COUNCIL BILL NO. 11-201�,; AN ORDINANCE APPROVING T11E REZONING OF PROPERTY LOCATED AT 4295 HARLAN STREET FROM RESTRICTED `OMME C IAL Q O MIXED LA'S -NEIGI . IJO D (MU- (CASE NO. °t 1 IC" H[, ARI G t RDINA C l l C r Ill � t ING I V2015) ` S NO RESOLUTION'S 14 Community evelopm t Masa~ torr City Manager Sart ,1111, applicant is requesting approval ofa Zone change from Restricted Crrrrasrrcrciial (IZC) t.'sc- ci hborlr€rcrcl {S I,'.. ) srr pr<rlrmy Icrcatc'cI st 4295 Harlan Street, The proposed rezoning area include,, crrrc parcel, chicly iS VIarcaxirrrately 0. 21 acres. The purpose crI`thc /onc change is to expand possible rases'fear the prcrl,cmy includira the. option of' Converting the existing structure back to ra residemial a cc:ts rrr'xc At this time. the applicant is not Proposing any, new development or modifications ificationsri to the sitc. 11, the: property is, redeveloped eveloped in the t`aattrre under the proposed U—N zoning, an aclrrainistr<ative site Marr review would he required to confisura that proposed clevelolarrrcrrt Incets the standards of til mixed use None district, LR 10 R )WT 10 lea : Planning Commission heard the request at a laar l c hearing on December ber . 2014 and recommended approval. The t;aft`r purl and meeting nrirlart s, from (fie Planning C oraaraai s;io rnecting, will lac included -with the ordinance for second reading, Ua,c No, WZ- 14-11 Harlan Kaplan Council Action Forai Rezoning Harlan Street Propvrtv alaanaaaarr' 12, 2015 it c .. FINANCIAL IMPACT: The proposed z< ne change is area expects l to have a direct financial impact arta the "itsFees as he aartrount of S9 7 were collected fir the review and processing e f'`C"aase No. Z- 14-11, BACKL'RQUIND: The property is located at 4295 Harlan Street in the northeast quadrant oftire City. near he intersection of Harlan St, and 'h v . The property is currently zoned, Restricted Commercial erciaa (RC) xvhich aallm s fir various tN )ers ofoffice uses and as litrrft el serge~: of neighborhood -oriented retail uses, The primary structure on the property was originally built as a single fiarrtily home in 195 1, frtc.r that time, the building was conv rte d for c0rulnercial use. ost reeve ntl�°4 ltc sitc° s �r�°eef as as spa and skin care business. Due to the low intensity of" the use. the property retains as residential character inside. Sur°r°mina trk Land f vrs 'File site is currently Zoned Restricted Commercial (11C) and is surrounded by residential and cnorne ciaal uses, To the north, northeast, and south along Harlan Street arc'parcels zoned Restricted Commercial (RC), Theseµ properties include as lrirerl raarµtor„ veterinary clinic, and offices fisr an electrician riciant anti home cleaning service, e, 'I"o the west is as nci lrlrcarltood zoned R sidentiaal Iwo (R-2) l anti to the southeast is as neighborhood zoned f sielentiaal-"l"bre: (R-3), Both include € ostly single-firrrrily honies, A tcxv parcels north of'tlreµ subjject property orr Harlan and C,.iraa streets are properties that have been recently rezoned tet lixed Use-Neigbborlae.rod (Mf'- ). C ur°ivilt and Pi -op. osed Zoning "lw is ecar rat and proposed zone districts are, vers, similar as RC andIMU-N Nvere bratstaa lishe d to provide fear nei ltlrearlteaods serving commercial uses, A sigenif cant difference, nc.e, hoNv ver, is in the trea ttraent of`resiefentiaal arses. In the lit:." zone district, residential eases are permitted oil a very limited basis per section e6-626 cif"the city cede, Existing residential arses may continue, but new # residential uses r;rarust be accessory to <a commercial use. Because the sub, ce:t property was previously converted entirely to as commercial use, it cannot be comc:,r-cried bank to rt prirnt rry residential use under the current RC zoning, Unlike in Restricted ("e:wrrttn ra iaal, as nese° residence is considered as lrernutte d use in tire~ Mixed f.Ise- Neighborhood zone cf stria The applicants are seeking as zone change to allow for them to utilises tireµ lrrop t-ty as their primary residence, The MU -N zoning xvi l allow fir the desired residential ntiaal use and will also preserve the possibility of"live/work or commercial arses for future owners. `+x.` 14 1 .1 ION: 'it move to approve Council Bill No. tt1-2QI S art ordinance approving the reµzonin ofprcrlteµrt 3 located at 4295 Harlan Street f oni Restricted Commercial (RO (R`"to Mixed Use -Neighborhood' MLJ-N) on first reading, order it published. public: hearing set for Moreau. Febrtraar°y at. 2015 at 7 pr rn, in City Council Chambers, and that it take effect 15 days after final publication.- Council Action Foral - I�c/onlng Harlan Street Propeny Jantiar� 12, 10 15 page REPORT PRE PA RED/REVI ENVED BY. Sara'White, Planner It Kenneth Johnstone, Community Development Director Patrick Goff, City Manager AT ""i" A (I i N _IENN T S, 1. Council Bill No,01-2015 WHEREAS, Chapter, 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases,- and WHEREAS, Benjamin Kaplan and Lauren Searcy have submitted a land use application for approval of a zone change to the Mixed Use- Neighborhood zone district for property located at 4295 Harlan Street-, and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan--- E-nvision Wheat Ridge ­ which calls for a mix of land uses and appropriate transitions between commercial corridors and neighborhoods; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 18, 2014 and voted to recommend approval of rezoning the property to Mixed Use -Neighborhood (MU -N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Benjamin Kaplan and Lauren Searcy for approval of a zone change ordinance frorn Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a on change is approved for the following described land: TH E FAST 135 FEE"I" 01"FHE' NORTH 75 FEET OF LOT OR PI -OT I . KAREN SUBDIVISION. ("0UN`FY0f` A"'FFF"RSON. STATF Of"COLORADO Section 2. Vested Pr--- n`- Approval of this zone change does not create a vested property right, Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge, §S!eSc9t!2onn 3. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and ATTACHMENT I welfare of the f)Ljbli(, and that this ordinanc.e is necessary for the preservation (,-if health and safety and for the protection of public convenience and wettare, The City Council further determines that the ordinance bears a rational relation to the proper, legislative object sought to be attained, e on 4 Seveabili �Co n n r d n �rn c e�e e �ae rt to e 'ic dece i'ed b' t or(i e e �ae cif e inaric sha b ,Ctio or c bs n "I t1s , t emed to be uncomstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall riot be affected thereby, All other ordinances or parts of ordinances in conflict with the provcions of this Ordinance are hereby repealed, Section 5. Effective Date, This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter, INTRODUCED, READ, AND ADOPTED on first reading by a vote of __1_1 to 11-1.11, curl this 1 r, day of JanUarye, 2015, ordered it published with Public Hearing and conside ration on final passage set for Monday, February 9, 2015 at 7,-00 o'clock p.m., in the Council Chambers, 7500 West 29"' Avenue, Wheat Ridge, Coorado, and that it takes effect 15 days after final publication, READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to 1-11-1-1-11 _, this 9th day of February, 25t 5.. SIGNED by the k4ayor on this _1111___.1__-_-1-1-1 day of,-,-, . . ..... ... ....... 2015, JoyceJay, Kayor ATTEST�� Jarielle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney tit pi,iblication, 2 nd publicatiom Wheat Ridge Transcript, Effective Date: CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 01 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4295 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE -NEIGHBORHOOD (CASE14-11/ KAPLAN) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes #rocedures for the City's review and approval of requests for land use cases; and-, WHEREAS, Benjamin Kaplan and Lauren Searcy have submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood zone district for property located at 4295 Harlan Street; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 18, 2014 and voted to recommend approval of rezoning the property to Mixed •" #i NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE C11A OF WHEAT RIDGE, COLORADO: 0 Section 1. Upon application by Benjamin Kaplan and Lauren Searcy for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Prog2rty Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accr 'I pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. MTM . i ^. 40 #*- - .i 0 0. - Mum I ITIN I I I _W W_ lt-f 0 0-2-.2 _ welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. _ Severabili!y; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby, All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective- Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to — on this 12 h day of January, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, February 9, 2015 at 700 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading a vote of to , this 12th it of January, 2015. 1 SIGNED by the Mayor on this day of 201 9 Gerald Dahl, City Attorney I St publication: 2 nd publication'. Wheat Ridge Transcript: Effective Date: WCity of' h6at P dge -T C c,)&AMUN i -Y DEVELOPM ENT City of Wheat Ridge Municipal Building 7500 W. 29's'Ave. Wheat Ridge, CO 80033-8001 P.- 301235,2846 F: 301235.2857 January 7, 2015 Mr. Benjamin Kaplan 4295 Harlan St. Wheat Ridge, CO 80033 Dear Mr. Kaplan: At its meeting of December 18, 2014, Planning Commission recommended APPROVAL of Case No. W1-14-11, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan St., for the following reasons: 1, The proposed zone change will not adversely impact the public health, safety or welfare, 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan, 3. The proposed zone change is compatible with the surrounding area. Your request for approval of a zone change is scheduled for public hearing before City Council at 7:00 p.m. on February 9, 2015. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, f P Kinn Waggoner Administrative Assistant Enclosure: Draft of Minutes cc: WL -14-11 (case file) wwwA.wheatridge.co.us MA959"Um Ms. White presented the case. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated the purpose of the zone change request is to expand possible uses to include the option of converting the structure back to residential occupancy. The applicant is not proposing any new development at this time. Commissioner TIMMS asked if the City is okay with Harlan Street going residential. Ms. Reckert stated Harlan is an interesting mix of both residential and commercial. The city is okay with the mixed zoning and uses as long as they are compatible with each other. Commissioner TIMMS asked if there are any land use processes or administrative review to address the paving in the front yard. Ms. Reckert replied no and since there is no garage or street parking available the occupant will need to park in the front yard, Ms. White stated there is a large mature tree in the front yard and improved street scape at the property. Commissioner DORSEY stated the property could remain as a commercial property or be converted to a commercial property with the zone change. There are more options with the zone change. Benjamin Kaplan 4295 Harlan St. M. Kaplan stated the property is very much a house even though it previously had a spa business. fie has purchased it and is waiting for the rezoning so he can live in it. Chair BRINKMAN opened the public hearing. No one wished to speak, Chair GRIN KMAN closed the public hearing. It was moved by Commissioner BUCK -NAM and seconded by Commissioner OHM to recommended approval of Case WZ-14-1 1, a request for approval of a zone change from Restricted Commercial to Mixed -Use Neighborhood for property located at 4295 Harlan Street for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. he proposed zone change is cojy,,i ti c WZ-14-11 / Kaplan 4295 Harlan St Request for approval of a zone change from Restricted Commercial (RC) to Mixed Use- Neighborhood(MU-N) Planning Commission December 18, 2014 PCD R -C MU -N MU -N r R-3 I, T I' f 1 , i} ,I�i- � -ice 'A 4, I_ I_ Vicinity Map !'49: �. WWI Zoning Map _ 4295 Harlan Street 74'�t zA r �N i Southeast Across Harlan Properties to North Zoning Development Standards Restricted Commercial (RC) MU -N RIC +ASDM Existing residential ...can remain uses Res, comm, mixed Comm ...can convert to commercial Architecture Mixed use code ASDM Building Height 35' if residential same Existing commercial ...can remain 50' all other ...can add accessory residence Build-to/front 0-12 feet, 60% same ...cannot convert to residential setback Setbacks North 0' 5' per story (0. if nonflammable) South 0' S' per story (0' it nonflammable) Mixed Use Neighborhood (MU -N) west 10'+ 5' per story over 2 10'+5'per story over Commercial, residential, mixed use all permitted lot Coverage 85-90% max 80% max Landscape 10-15% min 20% min Process Neighborhood Meeting: — Held on September 24, 2014 — One neighbor in attendance Referral: — No concerns from any agency — Applicant will work with Building Division Staff Recommendation Staff concludes: — Zone change will promote public welfare — Zone change to MU -N supported by adopted plans — MU -N is compatible with surroundings Staff recommends APPROVAL of the request. Comprehensive Plan Envision Wheat Ridge — 44« is a Neighborhood Commercial Corridor — Gray Street is designated as Neighborhood — Encourages mix of uses PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION December 18, 2014 Case No. WZ-14-1 1: A request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N} for property located at 4295 Harlan St. (Please print) Name Address In Favor/Opposed L-2,442za Is :e, 12 Case No. WZ-14-I1 /Kaplan 1 SITE CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Sara White DATE OF MEETING: December 18, 2014 CASE NO. & NAME: WZ-14-11 / Kaplan ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) LOCATION OF REQUEST: 4295 Harlan Street APPLICANT(S): Benjamin Kaplan & Lauren Searcy PROPERTY OWNER(S): Benjamin Kaplan & Lauren Searcy APPROXIMATE AREA: 9,179 square feet (0.21 Acres) PRESENT ZONING: Restricted Commercial (RC) PRESENT LAND USE: Converted residential structure, used most recently for spa and skin care COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION LOCATION MAP Case No. WZ-14-I1 /Kaplan 1 SITE All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-14-1 l is an application by Benjamin Kaplan and Lauren Searcy requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for the property located at 4295 Harlan Street (Exhibit 1, Improvement Location Certificate). The proposed rezoning area includes one parcel, the total area of which is approximately 0.21 acres (Exhibit 2, Aerial). The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy, which the applicant intends to do. II. EXISTING CONDITIONS Subject Property The property is located at 4295 Harlan Street, in the northeast quadrant of the City, just south of W. 44`h Avenue near the intersection at W 43rd Ave. The property is currently zoned Restricted Commercial (RC), which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented; it is not intended to include general retail uses that serve the community or region, and it does not allow higher impact uses such as wholesaling, warehousing, or outside storage or display. New residential is only allowed in RC if it is accessory and subordinate to a commercial use, but existing residential uses are permitted to continue. The subject property is part of Karen Subdivision and is 9,179 square feet (0.21 acres) in size. The primary structure on the property was originally built in 1951 as a single family home. Since that time, the building has been converted for commercial use. Building permit records are incomplete and do not indicate specifically when the structure was converted from a residential to a commercial occupancy, but the Jefferson County Assessor classifies the site as commercial. Most recently, the site served as a spa and skin care service. Because of its original construction as a home and the subsequent low -intensity commercial use, the interior still retains a residential character. The front yard has been mostly paved to provide parking for the commercial activities. (Exhibit 3, Site Photos). , Surrounding Zoning and Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded to the north and south by other properties zoned commercial. Directly west is property zoned residential as well as directly east across Harlan (Exhibit 4, Zoning Map). The property at 4335 Harlan, four lots to the north, was recently rezoned from RC to MU -N. Many of the properties on this block are converted residences and include businesses such as a chiropractic office, a veterinary clinic, and offices for an electrician and home cleaning service. The properties immediately to the north and south are zoned RC and used commercially. However, properties directly west and southeast are residentially zoned. The subject property, although located along a commercial corridor, is in close proximity to residential neighborhoods to the east and west. These residential areas are zoned R-2 and R-3, respectively. Case No. WZ-14-11 /Kaplan Ill. 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 and civic uses are permitted, in addition to a limited range of neighborhood -serving commercial and retail uses. The MU- N and RC zone districts are very similar as they both allow neighborhood serving commercial uses. A significant difference, however, is in the treatment of residential uses. In the RC zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current RC zoning. Unlike RC, in the MU- N zone district new residences are permitted uses (including single-family homes). The applicant intends to convert the property back to a residential use and use it for their primary residence. The MU -N zoning will allow for the desired residential use and will also preserve for future tenants or owners the possibility of live/work or commercial uses. The following table compares the proposed and existing standards that apply to the subject property. In general, the MU -N and RC zone districts are also very similar in terms of development standards with very slight differences in the setback and lot coverage requirements. Because the subject block of Harlan Street is located in the Traditional Overlay of the Architectural and Site Design Manual, the RC and MU -N zone districts are also very similar in teens of architectural standards. Allows new residential, commercial, Allows limited commercial and existing or mixed uses I residential uses 35 feet if building has residential use 50 feet for all other buildings 0-1 feet (60% of the build -to area shall contain building mass) Detennined by Architectural and Site Design Manual (ASDM) 35 feet if building has residential use 50 feet for all other buildings 0-12 feet (60% of the build -to area shall contain building mass) At this point, the applicant is not proposing any physical changes to the property. K91MUM 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 promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above, the existing and proposed zone districts have similar development standards and pen-nitted commercial Uses. While the MU -N zone district will expand use options by allowing for residential uses, these are generally considered to be less intensive than commercial uses. The MU -N zoning is expected to add value to the subject property while maintaining consistency with the character of the area. Stqf ,f concludes that this criterion has been inet. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no development is proposed at this time. If the property is redeveloped in the future under MU -N zoning, a site plan review application will be required and referred to all impacted utility agencies Stqf .fconcludes that this criterion has been inet. 3. The Planning Commission shall also find that at least one J11 of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan—Envision Mieat Ridge. The plan designates Harlan Street as a Neighborhood Case ,Vo. IVZ44-11 / Kaplan 4 Commercial Corridor which is envisioned as small-scale, pedestrian -friendly, mixed-use corridor. Although Harlan is classified as a collector, the subject block of the street is designed to feel walkable and neighborhood -oriented with detached sidewalks, patterned pavers, and street trees. By encouraging a mix of land uses, a zone change to MU -N on the subject property supports several City goals, By allowing residential uses, the zoning will expand housing options for those seeking to live in a mixed use environment. By continuing to allow Commercial uses, the site remains compatible with the area and supports the development of a vibrant commercial corridor, Stqf ,fconcludes that this criterion has been ,net. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial (RC) zoning designation as it appears on the City's zoning maps. Stqf ,fconchules that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from RC to MU -N neither responds to nor results in a notable change of character. Stqt ,fconchides that this criterion is not applicable. L 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 .1'concludes that this criterion is not applicable. AMMI&U(,HBORHOOD 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 September 24, 2014. One neighbor attended the meeting and had no issues with the proposed rezoning. He was interested in possibly rezoning his property to MU -N as well. Case No, tai -1 -11 / Kaplan 5 All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: 9E=11i I i 161 1 1 iiii Xcel Energy: No objeetions, contingent upon maintaining all existing rights and ability for future expansion. Wheat Ridge Sanitation District: No objections; will require all official letter front Wheat Ridge Water District stating whether or not a water meter size change will occur. If there is a change in meter size, WRSD will require updated tap fees. Comments received relate only to the zone change request. No comment was received from the water district, fire district, Economic Development Division, Building Division, Police Department, Comcast Cable, or Century Link. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process would be required in the future if redevelopment was to occur. At this time, the applicant is not proposing any redevelopment of the property. IMMM MEMI 11NUUM Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect oil the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, as needed, with future development or change in use. Filially, staff concludes that the zone change is consistent with the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial Corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of the request. VIII. SUGGESTED MOTIONS Option,A: "I move to recommend APPROVAL of Case No. WZ- 14-11, a request for approval of a zone change from Restricted Commercial to Mixed Use -Neighborhood, for property located at 4295 Harlan Street, for the following reasons: 1. The proposed zone change will not adversely impact the public health, safety, or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area." Case No. 1,17-14-11 'Kaplan 6 Opl o B; "I move to recommend DENIAL of Case No. Z-14-11, a request for approval of zone change from Restricted Commercial to Mixed Use-Neighborbood, for property located at 4295 Harlan Street, for the following; reasons: I. 2 3. Caw, o. JE7,14-11 a= h'crppan 7 EXHIBITIMPROVEMENT COLORADOCERTIFICATE ENGINEERING BENJAMIN KAPLAN Alppr I% SURVEYING, INC. toptoxom LEGALL DESCRIPTION: PER WARRANTY DEED AT RECEP'110N NO. 2014078198 THE EAST 1.35 FEET OF THE NORTH 75 FEET OF LOT OR PLOT L KAREN SUBDhASION, COUNTY OF �VFERSON. STATE, OF COLORADO ALSO KNOWN AS. 4295 HARLAN STREET Ne woe NeeN N*s aN N*x � w w �r r w www w.� s as +n ++p m p. swwwwW «-4w waw. dam. R w w,N aMw ero : Mrevw w N 4t ww Na a6 we � w* $ed tis. [ NpN 'aaN ♦.. 4 AMeW.N Nx : eeRdN Mr NPY w NSR b+# s1�Ae Ne #!� a �d A M l mak'. Y Cave No. IT7, 14-11 / Kaplan 8 ------------------ vmsn qo EAS6 135� Of NORTH ,' ' Of Pt.Or t _ i6 �:, � Bt2 w gMCK WAAA il, w. cRA m 11 135' moo ": Nl%' liWIN FtAWMC i LEGALL DESCRIPTION: PER WARRANTY DEED AT RECEP'110N NO. 2014078198 THE EAST 1.35 FEET OF THE NORTH 75 FEET OF LOT OR PLOT L KAREN SUBDhASION, COUNTY OF �VFERSON. STATE, OF COLORADO ALSO KNOWN AS. 4295 HARLAN STREET Ne woe NeeN N*s aN N*x � w w �r r w www w.� s as +n ++p m p. swwwwW «-4w waw. dam. R w w,N aMw ero : Mrevw w N 4t ww Na a6 we � w* $ed tis. [ NpN 'aaN ♦.. 4 AMeW.N Nx : eeRdN Mr NPY w NSR b+# s1�Ae Ne #!� a �d A M l mak'. Y Cave No. IT7, 14-11 / Kaplan 8 EXHIBIT 2: AERIAL IMAGE Case No. WZ-14-11 /Kaplan EXHIBIT 3: SITE PHOTOS A view of the subject property looking west. The structure was built as a home ana stili retains a residential appearance. Although the majority of the front yard has been paved for parking, there are some mature trees that help maintain a residential feel. View of commercial properties south of the subject parcel. Immediately to the south, the chiropractic office is a converted residential structure. The next property south is a veterinary hospital with a newer commercial style building. Case No. WZ-14-11 /Kaplan 10 ;..� L.�� 1F j, �� i�•c. •j' �'\'t y �,if+`-. !4T X mar-17�,��s.�,� ;- �r#: ' ` a. "'= s-, �• � r, 'fit/-!r+'lf�r �� p.� 4 70F. f MUM 71, k r� City (-A �co M Ca, of Wheat Ridge Municipal Building m N 7500 W. 29h Ave. Wheat Ridge, Co 80033-8Wl P..303.235 2946 F 303,235,2857 NEIGHBORHOOD MEETING NOTES Meeting Date: September 24, 2014 Attending Staff: Lauren Mikulak, Senior Planner Sara White., Planner 11 Joshua Botts, Planner I 1,0cation of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29"'Avenue Wheat Ridge, CO 80(33 Property Address: 4295 Harlan Street Property Owner(s): Gyorgyike Hamvas Property Owner(s) Present? No (applicant is under contract to purchase) Applicant: Benny Kaplan Existing Zoning: Neighborhood Commercial Existing Comp. Plan: Neighborhood Commercial Corridor, Neighborhood Existing Site Conditions: The property is located at 4295 Harlan Street in the northeast quadrant of the City. The site is zoned Restricted Commercial (RC) and is in area that has a mixture of residential and commercial uses and zoning. Properties to the west are zoned Residential -Two (R-2) and are used for low density residential. The properties to the north and south are, zoned RC. These properties appear to have been constructed as single family residential uses but were modified to commercial uses, The site is located 620' south from the Harlan Street and West 44th Avenue intersection, a major gateway to the City on the northeast side of Wheat Ridge. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID. 39-243- 01-002 with a total area of 9,179 square ket. The property is part of the Karen Subdivision. There is one structure located on the lot that is a 1,826 square foot converted home. The home was originally built in 1951, but has since been converted to a commercial use. Applicant/Owner Prelindnary Proposal: The applicant has the property for sale; however, the majority of the potential buyers are interested in using it for a residence, not a commercial use. In the RC zone district, new residential uses are not permitted unless they are ancillary to a primary residential use on the property and can then only be located in the rear or on a second level. The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N). 'Me purpose of the rezone is to expand possible uses for the property, including the option of converting the structure back to a primary vM*,.&whntri dW.mu* 13 residential occupancy. The following is a summary of the neighborhood meeting: • In addition to staffand the applicant, I member of tire public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed use of the property as a primary residence. • The member of the public was informed of the process for a zone change. • The member of the public were informed of their opportunity to make comments during the process and at the public hearings. • The attendee owns property in the area and was interested in potentially rezoning his own property to MU -NI as well. The following issues were discussed: Q: fl/hat are the buffering requirements in Afb%N? A: The setback's and buffering requirements depend on the adjancent uses. MU -N includes residential transition requirements that require enhanced buffering including landscaping when adjacent to a single - or two-family residential use. Q: Does lffrN allow similar uses as compared to RC? A: MU -N and RC allow similar commercial uses; MU -N allows more residential uses than RCL Q: Could the rest of the Harlan corridor be rezoned toAfU-,V? A: The MU -N zone district may be appropriate for other properties along Harlan, Harlan Street is identified in the comprehensive plan as a neighborhood commercial corridor and tire MU -N zone district complements this designation by allowing a mix of residential and neighborhood oriented commercial USM is Ifould the Cio� rezone Harlan to VU -NI? A; At this point in time, a legislative rezoning of Harlan has not been identified as a priority, Q: Can a4facent properties be rezoned to A,-fU-,V under a single application? A: Yes, if adjacent property owner-, submit as co -applicants, multiple properties could be considered under a single zone change application. Meeting Attendees: Mike Donahue 4240 Harlan Wheat Ridge, CO 80033 2 Case No. 14-11 / Kaplan 14 City of Wh6atPLdgc POSTING CERTIFICATION CASE NO. WZ-14-11 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: December 18, 2014 (name) ,%.-� residing at - � �'1 Lu,�,ti � � (J�. i/�1st��,n r` b (address) as the applicant for Case No. WZ-14-11 , hereby certify that I have posted the Notice of Public Hearing at 4295 Harlan St, Wheat Ridge CO (location) on this (�4 L' day of `J<<< �E� , 20 1� , 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 hea ng on this case and will be placed in the applicant's case file at the Community Development Department. NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISION on December 1t3 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29T -Avcnue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City c!/"Wheat Ridge. Call 11 tither Gqyer, Public Information Qfficer at 303-235-2826 at least one week in advance of a meeting il"you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. WZ- 14-11: An application filed by Benjamin Kaplan for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) for property located at 4295 Harlan Street, Published: Wheat Ridge Transcript, November 27, 2014 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on December 18, 2014, at 7:00 p.m., in the Council Chambers of the Municipal Building at 7500 W. 29t, Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals �t*h disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge, Call (leather Geyer, Public Information Qfficer at 303-235-28-76 at least one is,,eek in adiance qfa meeting if you are interested in participating and need inclusion assistance, The following case shall be heard: Case No. WI -1 4-11: An application filed by BeRjamin Kaplan for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street. Said property is legally described as follows: THE EAST 135 FEE'r OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO ALSO KNOWN AS: 4295 HARLAN STREET ,gong, Administratwc Av,,qstani City of Wheat Rg e (as required pursuant to Code Section 26-109.D) i , M -411'a -0-111-1 a . -0 certify that I mailed a total of 39 letters on November 24, 2014 to the attached recipient I iiiiji I III I R 1 11 4 0 1-Z so Signature - Date: Ji City of W heat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE November 24, 2014 Dear Property Owner: This is to inform you of Case No. WZ-14-11 which is a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street. This request is scheduled for public hearings in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission December 18 2014 (k 7.00 p.m. City Council February 9 2015 (ti 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. WZ141 I.doc www.ci.wheatridge.co.us Sitc AJM PROPERTY LLC BARRIENTOS MARILYN B CERVENY GRETCHEN G 20 S FOREST ST 4170 INGALLS CT 3425 MOORE ST DENVER CO 80246 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CLAYPOOL FORREST CLIFTON MICHAEL CTS CAPITAL LLC CLAYPOOL CHRYSANNE 4145 INGALLS ST 4300 HARLAN ST 4300 EVERETT ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 DONAHUE ELECTRIC LLC DR STEVEN J ZAPIEN DDS INC DRAPEAU ROLAND M 5500 S SIMMS ST 0 4331 HARLAN ST DRAPEAU LAURA J t.,rrTLETON CO 80127 WHEAT RIDGE CO 80033 4280 HARLAN ST WHEAT RIDGE CO 80033 DUFRESNE FREDA J ECKLUND MARSHA HILL EMILY ANTHONY 4275 GRAY ST HILL MELESA KAY PO BOX 1571 WHEAT' RIDGE CO 80212 HILL JERRY RI ED WHEAT RIDGE CO 80034 4340 HARLAN ST WHEAT RIDGE CO 80033 ERICKSON GENE 0 FEARON GABRIEL GALLOWAY SCOTT M ERICKSON CYNTHIA S LAW AMY GALLOWAY SHARON L 2143 S PARFETDR 4311 GRAY ST 4265 GRAY ST LAKEWOOD CO 80227 WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 GARNETTPAIGE B HUGHSTON ROBERT E KADNUCK ROBERT G GARNETT WALTER T HUGHSTON JUDY K 4325 HARLAN ST 6 100 W 42ND AVE 4270 INGALLS ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 KATZENBERGER STEPHEN J LAKESIDE PARTNERS LLC LATSIS TOMMY CHRISTIANSON SHAWN M 4243 HARLAN ST 3640 S MONACO PKWY 4155 INGALLS ST WHEAT RIDGE CO 80033 DENVER CO 80237 WHEAT RIDGE CO 80033 LICHTENWALTER JASON M LIECHTY KELLI LUCERO EDWARD W 4245 GRAY sT LIECHTY AARON LUCERO CHRISTINA M DENVER CO 80212 4301 GRAY ST 4285 GRAY ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 MC IM LINDA K MERANTO ONEIDA NGUYEN DAC MCKIM JERRY L 4330 HARLAN ST NGUYEN SAN 4260 HARLAN ST WHEAT RIDGE CO 80033 4170 N HARLAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 OTOOLE PATRICK J OUR OFFICE LLC PADILLA JOSE INES 4180 INGALLS ST 4175 HARLAN ST 105 4486 MEADE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 DENVER CO 80211 PONCE STEPHEN A RAYKIN IGOR RKKNB INC 4280 INGALLS ST 4165 INGALLS ST 4305 HARLAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 SAUERLAND JUSTUS CLEMENTE SAUERLAND REBECCA ANN 4240 NGALLS ST WHEAT' RIDGE CO 80033 SEARCY LAUREN KAPLAN BENJAMIN 4295 HARLAN ST WHEAT RIDGE CO 80033 SHAW SCOTT PO BOX 22153 DENVER CO 80222 SPRINGER JOSEPH TIMS RUSTIN C WALLJONATHAN 9465 W WESLEY AVE TIME MARCILLA D WALL CORALYN LAKEWOOD CO 80227 4325 GRAY ST 4275 HARLAN ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80033 COLORADO ENGINEERING & NO. 2014-1802 SURVEYING, INC. BENJAMIN KAPLAN Survep*ag Colorodo Since 1972 www.copls.com 4750 South Santa Fes Circle #8, Englewood, Colorado 80110 SCALE 1" = 25' PHONE: (303) 761-8055 FAX: (303) 761-0841 r4 135' UPLITY POLE WOOD i N a FENCE y q« ~, 'CONCRETE ./� 40 Y....... 2 3 .6 U iY 4„r'�rr ______ ;`; ` �` /r ,, ``'f•` .'` 'Y�,Y.ECTI C 4ETER W rr ti t20 ` ✓ rsl f i [� rt tr ' ¢ r + 0 EAS�i' 18S OF N{�RTH 7ft1,,+.. a at �” FRaWE e Off PLt?i1 PtY4L r t $Q yay. f //,/429'S' R I V E W A Y i i at ,+zya+� SBRIC( WALL ' "` n < ��� '::�'rIit C��.-LIGHTI ,.`t,;2. 0 "' //✓ r%✓ /. ,�"ax NTNLIGHT POST Cott* POST NS r r F L A G S T 0 N E to SIRE T CJGHT , ". . C' WR FtCE . GN 2' OtA BASE t ;4 TREE 135' _,� GRATE FOUND SPIKE NAIL W4TH FLAGONG , I i LEGAL DESCRIPTION: PER WARRANTY DEED AT RECEPTION NO. 2014078198 THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO ALSO KNOWN AS: 4295 HARLAN STREET and n b not a brnl wavy ptw a wroy p OW %A > w BENJAMIN "m for w Ilu 0MAMMU to wad wdy far raw b dswawsw tns "Wrw I Ewan amly amt am an a» ,*0W dwaabsd PWti an aaw wow batty w 00* Woo" as baxwo*m of to PWVA O -W t wbwwt tint Man " as W00dWrAWft upas ow p M art my a )*4 00W ab awe aa. b na appww t d.MNnw W Mtn d my sswnwrt arawbq a my pwt of sak Patti *NW w F Psara awWjrawt am of 1w Mawr ars bawd +pan ow d t► b as ata. aN amt t dat pwppt br bs an PFM, ant b wiMra io my sat a t trnwy PW weak d "mts, fla +wwfw' trmiww rw ww""ty W %M ow a+tb itsaar M aM an t . ars fasrd at N+w wsb}ad prwnstyl to cpp~ dwwd bas was 0=4 bond wp ar u*A dlPbwwrt ~ 0m, m batt bnPraWnwntw ! MirabT. abet tits„ akc, R SL04YOW atc. M dwM Mm aaamw+aw ws dWwd ban na tela r +slow atlrwrHwa�imtad awl ststad fFb b wear uat bws of a+a pbaiaM f%plrbbt Ad. Ttds Mak , bs t aw wM,nt w w,y aaar paty Ur ANY papas siMr awtn amt wdsde am bswb rar Pnpand. T!w dprsnae of wtanpw and trd6aaisw m 14 2014 ak ns wdrrNw sa ins pwnan wrxh a tppoA% OCTOBER 2014078198 8N71201410e27AM PCIS 2 $16.00 DFS20.60 Etectrorically Recorded Jeffemon COWY. CO Pam anxrson. CYer%and Recorder T01000 Y WARRANTYDEED TM DEED,Madethis 15 day of September, 2414 between G&F Holdings, LLC, a eolorado limited liability company of the County of Jetfcrson and Sate of COLORADO. gamer. and Lauren Searcy mad B-140110 lt;aptam whose legal address is 4295 Harlan Strcet, ,Wbed Ridge, CO 80433-5119 ofthe County ofJOIF3304, Sate of Colorado, WffNESS, Ther "graator, for and in consideration of rho sum of Two Hundred Fie d UoUs" and NotitXt's ($245.000.00 the receipt and sufficiency of which is hereby acknowledged, and conform, Hato the bargained, soil ara1 conveyed, and by these a teas grant, bargain, sell, ganther their halitand erne forever, any, situate,tlying�and beingin pin4theut a County of Jefferson, a, All the nd State of Property together with impr COLORADO, described as follows: no East 135 feat of the North 75 foot of W or Piot 1, Karen subdivision. County of.loflcrson, State of Colorado. Doc Fee xzosis street and number as 4295 Harlan Street, 'Wheat , CO 80033-5119 also p°°'n � w belonging, or in TOGETHER with ail and singular the to and appurternmees reAa, issues and proRis anywise appertaining, and the reversion and rev "ions, remainder and ro and demand whalsoom � gamtm"s oithat 4 low or tharcot and all the estate, hie b tido, c with.. the hired a and app -. equity, of, hi w the above bargained Premises, the To HAVE AND To 14OLD the said premises above bargained And described if, with hf Appurtenances, unto tot: gangs, their hairs and asci forever. And the l wchair hairs and assigns, that representat.vas, does gat+ sial to and with rho grantees, at the time of the ing and delivery of Lhasa he is wall witted of th premises above eon has good, sure, pas BOW erfect, absolute and indefeasible of inharitanco, in taw, in fee simpleSUM in marmor and form as right. power and lawful authority to grant, bargain. sail and convoy the other aforesaid, and that the same are free and clam from all former and itis, setae, lions. axca except ) taxes and axscssmcots, encumbrances and iters of whateverkind u "�fie t ons described by it dan' Spec' assessments for the current year, a Tian but not yet due tar payahhe, to by Buyer hr accordance with relerenec to recorded documents as rcflocW haw des Title Doc los section 8.I ""Title Ravraw", of the dated August 19, 2414, the en the ParsboveWd prrsmisa in the The r shall and will WARRANT AND FOREVER O sinst gaall and every parson of quiet and peaceable possanrloA of the tont, their hairs and assigns, persons lawfully claiming the whole or any part thereof. The shWAsr number shalt include the plural, the plural the singular, and this use of any gender shall be applicable to all genders. IN WITNESS REOF, the grantor has ox this on the data sa forth above. SELLER: G&F Holdings, LLC, aeolorad�ila lyttad liability MM STATE OF COLORADO Imo' COUNTY of Jefferson 0. File No. V049321S Wrist wmtwnry to JewTWAR's Vr, City of -A V V COMMUNITY DEvELoPMENT City of Wheat Ridge Municipal Building 7500 W, 29h Ave. Wheat Ridge, CO 80033-8001 P: 303,235.2846 F: 303,235.2857 ........... MUM, eann 0 EM= (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for (Describe type of application-) set for public hearing on 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(l), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. OR here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am 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 19-11 day of 20�, By: 1 1- T O: 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 (it* 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. City of Wh6a-t 1� _ j�dgie COMMUNrry DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29"' Ave, Wheat Ridge, CO 80033-8001 P: 303.235,2846 F: 303,235.2857 November 7, 2014 Mr. Benjamin Kaplan 4295 Harlan St. Wheat Ridge, CO 80033 This letter is in regard to the request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4295 Harlan Street. The request was sent out for referral and the following comments were received: Feel Energy: See attached cominentsftom Donna George dated November 6, 2014, Wheat Ridge Sanitation Districk See attached comments.kom Bill Willis dated October 23, 2014, Wheat Ridge Public Works. No concerns. Wheat Ridge Fire District. No comments received, Wheat Ridge Water District. No comments received, Wheat Ridge Building Division: No comments received. Wheat Ridge Police Delmronent: No comments received. Comcast Cable: No comments received. Centut- y Link: No comments received. Please note the following: 1. This case is scheduled for a public hearing before Planning Commission on Thursday, December 18, 2014 at 7:00pm. Either the applicant or a representative is required to attend the public hearing. A posting sign will be available for pick-up the week of December 1. The sign will need to be placed on the property no later Thursday, December 4. wwiv.ci.wheatridge.co.us I After the Planning Commission meeting, the zone change process includes a first and second reading in front of City Council. used on the standard schedule for a zone change, these City Council meeting dates would be Monday, January 12, 2015 for the first reading and Monday, February 9, 2015 for the public hearing. You will only need to attend the public hearing on February 9. please contact me at your earliest convenience if this date is problematic. if you have any further questions, feel free to contact me by phone at 303-235-2852 or by email at swliite(r,?ci,wheatridge.co.us. Sincerely, Xcel"Energysm PUBLIC SERVICE COMPANY Right of Way & Permits Telephone:1123 West Vd Avenue Denver, Colorado 80223 30 3,671.3306 MR City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Sara White Re: Harlan Kaplan Rezone, Case # WZ-14-11 Public Service Company of Colorado (PSCo) has reviewed the request for the Harlan Kaplan Rezone. Please be advised that PSCo has existing electric distribution facilities within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. If you have any questions about this referral response, please contact me at (303) 571- 3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Wheat Ridge Sanitation District 7100 West 4401 Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 800,34-0288 Phone. 303-424-7252 Fax: 303-424-2280 Sara White City of Wheat Ridge Community Development 7500 West 29" Avenue Wheat Ridge CO 80033 Email: swhite@ci.wheatridge.co.us 717TITFIT the following in response to the referenced referral dated October 23, 2014 concerning approval of a rezoning from Restricted Commercial to Mixed Use -Neighborhood. The subject lot at the address referenced above is entirely within the boundary and service area of the Wheat Ridge Sanitation District, The property is currently serviced by the District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). In the event that the existing structure is converted to a residential property, WRSD will require an official document from the Wheat Ridge Water District stating whether or not a water meter size change will occur, If there is a chanee in water meter size then I ...4t I development plan prior to District acceptance. All costs involved — reviews, design, contract development, construction, observation and inspections — are the responsibility of the Owner/Developer. Please be aware that proper tap and development fees are required prior to connection to the District main, in the event that tap fees are required, A minimum 72 -hour notice prior to construction is required following District receipt of all fees, These fee amounts can be paid directly to the District Office prior to connection, Any tap, engineering review fees, district attorney fees, and managerial services are the responsibility of the owner/developer based on the then current fee rate structure. Sincerely, Bill Willis District Engineer MARTIN/MARTIN, Inc. Cc: Sue Matthews -- Wheat Ridge Sanitation District City of q hat ie P LIC WORKS Memorandum TO. Sara. White, Planner 11 FROM: rave Brossman, Development Review Engineer )ATE. October 29. 2014 SUBJECT: W -14-1 1/ Harlan Kaplan Rezoning I have completed my review for the request to rezone the property at 4295 Harlan Street from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) received on October 23, 2014, and I have the following comments: I . It clues not appear that the current rezoning proposal entails any site changes which could trigger traffic or drainage requirements, Therefore, Public Works has no comments at this time. Harlan Kaplan Rezonin 4295 Harlan SC dot Ro im,doex Case No. WZ1411 Date Received 10.%15/2014` Related Cases Case Planner Mikulak Cava Cirscriptior- Rezone from Restricted GQrt7mt'tcla( (RC) to Mixed Use Neighborhood city of Wheat IN p t' c ,141 t'BA ..,.. .a 'da 2. _......... ......... Name Benjamin Kaplan dame Lauren Searcy Phone(303j J§&18374 h> YY i t ttyry �rx Y t YY'9 Address .4295 Harlan St. M. w City Wheat Ridge ,State iCC7 ZP $0033 _. Name `Berg minY.aplen ? ' Name Lauren Searcy _ Phone '(303) 396-8374 Address 4295 Harlan St. City ;Wheat Ridge State CO zip ' 30033" 3^darie Benjamin Kapian Name Lauren Searcy Phone (303 396 8374 Address 4295 Harlan St. CRY Wheat Ridge State CO.._, zip ,80033" Address 4295 ;Street Harlan St ' .. _ Clty {Wheat Ridge State �°CQ zip BQ033 �' Location Description _ e .. _.. Pr tec€ Name parcel No qtr Section Districto � j 3924301002SW24 Pane! No. w qtr Section: SW24 a � 39.243.01-0E12 District No.: 11 � !l, rt � Pfe-App Date 8, 2i ,t264' Neighborhood Meeting Date ^ V App No: '40P1429 Review Type Review Body Review Date Disposition I: Comments Report � Public Hearing OC- , Public Hearin CC g .. ...,. First Reading w CC _. .,....� ,. , .: ............ _ .:, .. t ; �..�., Case Disposition Disposition Date Conditions of Approval Notes . Status 10pen.. Ras 1k bird # Storage .. city of Wheat IN p t' c ,141 t'BA ..,.. .a 'da 2. t'IGUA v h> YY i t ttyry �rx Y t YY'9 d�`S yY4a�'r'`..k.. City of e It ,ge- LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue * Wheat Ridge, CO 80033 -, Phone (303) 235-2846 (Please print or type all information) Ap + plicant *,-""`' 'Address �4)Ia Phones 63 �cl O Ci State Czip 073 Fax Owner Address Phone3�° CityA f2 -"d State Cc Zip Fax Contact �AVh%n Address 4D011111�� Phone -W -3'4 VTH City—W4-k- State Cu Zip -_56C;_"3_ Fax — (nic person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public f ]caring, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address):_ po 3 3 Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements,, incomplete applications will not be accepted. XChange of zone or zone conditions 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval 0 Variance[Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation C] Other: D tailed description of request:.,WZ (Art 1-4? 4114 �s (70 (%Ak Required information: Assessors Parcel Number: -3!! s Size of Lot (acres or square footage):), Current Zonin C ProposedZoning: US,, Current Use: o, a_ Proposed Use: Ze t�i �ki� cerfity- that the information and exhibits herewith submitted are true a acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf Notarized Signature of Applicant State of Col M O KIM WAGGONER N•AR County of 6L�-- ss L;K T A Y PUSUC Thc NOTARY F STAIrL- OF COLORADO Notary to 2 fore ,going instrument (Land Use Processing Application was acknowledged �ry to 2013404W48 My Commliow E)OMS 0711912017 by hi 6 yof t'C"'t'r*-V 2o L4 by �411-IrYiL132--- Nota F lie My commission expires' —A /20 1 To be filled out bv staff: Date rcceived� —io Fee Recei Case No. Comp Plan Design. Zon "'g Quarter Section Map Date Related Case No. Prc-A� p MtgCase Mana er WKI ge if Wheat Ridge l 12 12:4-3 CDB 41778 MOUNT 4,,-tgG AP1CAIN FEES 193.60 4T RECEIVED MOM log ili. 183.09 City of Whbat COMMUMTY DEVELOPMENT . ...... ....... . City of Wheat Ridge Municipal Building 7500 W. 29" Ave, Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 3032352857 Meeting Date: September 24, 2014 Attending Staff- Lauren Mikulak, Senior Planner Sara White, Planner 11 Joshua Botts, Planner I Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29't' Avenue Wheat Ridge, CO 80033 Property Address: 4295 Harlan Street Property Owner(s): Gyorgyike Hainvas Property Owner(s) Present? No (applicant is under contract to purchase) Applicant: Benny Kaplan Existing Zoning: Neighborhood Commercial Existing Comp. Plan: Neighborhood Commercial Corridor, Neighborhood Existing Site Conditions: The property is located at 4295 Harlan Street in the northeast quadrant of the City. The site is zoned Restricted Commercial (RC) and is in area that has a mixture of residential and commercial uses and zoning. Properties to the west are zoned Residential -Two (R-2) and are used for low density residential. The properties to the north and south are zoned RC. These properties appear to have been constructed as single family residential uses but were modified to commercial uses. The site is located 620' south from the Harlan Street and West 44h Avenue intersection, a major gateway to the City on the northeast side of Wheat Ridge. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39-243- 01-002 3- 01-002 with a total area of 9,179 square feet. The property is part of the Karen Subdivision. There is one structure located on the lot that is a 1,826 square foot converted home. The home was originally built in 1951, but has since been converted to a commercial use. Applicant/Owner Preliminary Proposal: The applicant has the property for sale; however, the majority of the potential buyers are interested in using it for a residence, not a commercial use. In the RC zone district, new residential uses are not permitted unless they are ancillary to a primary residential use on the property and can then only be located in the rear or on a second level. The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property, including the option of converting the structure back to a primary www.d.wheatridge.co.us residential occupancy. ..... ..... .. ........... The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, I member of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed use of the property as a primary residence. • The member of the public was informed of the process for a zone change. • The member of the public were informed of their opportunity to make comments during the process and at the public hearings. • The attendee owns property in the area and was interested in potentially rezoning his own property to MU -N as well. The following issues were discussed: Q: It'hat are the biiftering requirements in MU -N? A: The setbacks and buffeting requirements depend on the adjancent uses. MU- N includes residential transition requirements that require enhanced buffering including landscaping when adjacent to a single - or two-family residential use. Q: Does M1.1 -N allow similar use as compared to RC? A: MU- N and RC allow similar commercial uses; MU -N allows more residential uses than RC. Q: Could the rest qf'the Ilarlan corridor be rezoned toMU-N? A: The MU -N zone district may be appropriate for other properties along Flarlan. Harlan Street is identified in the comprehensive plan as a neighborhood commercial corridor and the MU -N zone district complements this designation by allowing a tnix of residential and neighborhood oriented commercial uses. lVould the City rezone Harlan to MU -N? A: At this point in time, a legislative rezoning of Harlan has not been identified as a priority. Q: Can adjacent properties be rezoned to MU -N under a single application", A. Yes, if adjacent property owners submit as co -applicants, multiple properties could be considered under a single zone change application. I Z, zCL € °M ry 'fid w I Zone Change Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting i Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes 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 I�i(' gc MUNITY DEVELOPMENT 4295 Harlan Street Proposed zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) City of /- Wheat jAe MUN1Ty DEVELOPMENT Zone Change Criteria What is zoning? For a zone change request, the Planning All properties within the City of Wheat Ridge are zoned. Zoning regulates Commission and City Council base their what land uses are allowed and establishes standards for construction decision on the extent to which the including building setbacks, lot coverage, and building height. following criteria have been met: There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a What is a zone change? significant adverse effect on the A zone change is the process of changing the current zone district to a surrounding area; and 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., 2. Adequate infrastructure/facilities are residential vs. commercial). available to serve the types of uses All proposed commercial, industrial and residential applications for property allowed by the change of zone, or the exceeding one acre in size must be rezoned to a planned development applicant will upgrade and provide district. such where they do not exist or are under capacity; and Why is a neighborhood meeting required? 3. At least one (1) of the following A neighborhood meeting is required for all zone change requests. The conditions exists: 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 a. The change of zone is in residents within 600 feet are notified of the meeting. conformance, or will bring the property into conformance with, the City of Wheat Ridge How do I give my opinion on a zone change? comprehensive plan goals, All public hearings for proposed zone changes are open to the public to objectives and policies, and appear and give testimony. Testimony can include written correspondence other city -approved policies or or a statement made at the public hearing. Any written correspondence plans for the area. provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence b. The existing zone classification should be routed through planning staff. currently recorded on the official zoning maps of the City of Wheat Can I contact my council representative? Ridge is in error. Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony c. A change of character in the presented at public hearings. Please do not contact the Mayor, Planning area has occurred or is occurring Commissioners, or City Council representatives to discuss the merits of the to such a degree that it is in the case prior to the public hearings; it could jeopardize their ability to hear the public interest to encourage case. redevelopment of the area or to recognize the changing character of the area. What is a legal protest? A legal protest is a formal, written protest which can be submitted by d. The proposed rezoning is adjacent property owners within 100' of a subject property. If 20% of necessary in order to provide for property owners on one side within a 100' radius file a legal protest, it a community need that was not requires a three-fourths vote of City Council (6 out of 8 members present) to anticipated at the time of the approve a zone change instead of a simple majority (5 out of 8 members adoption of the City of Wheat present). A legal protest is usually filed after the Planning Commission Ridge comprehensive plan. public hearing. Community Development Department - 303-235-2846 www.ci.wheatridge.co.us tasy reel- Labels .2.l�,$ ■'.,. « 1 2 ,$ 4180 INGALLS CT EAT RIDGE CO 80033 .�1�.�■::�et#: 4124 HARLAN ST WHEAT RIDGE CO 800 .��� . 2.■ 2 . # w . m16111j19, "I RVATISIMMEM$ : ■ WHEAT4370 INGALLS ST RIDGE $ 80033 IMAIM , . $ . <� � � :■ « � ^« © � Send along line to Edge - CURRENT RESIDENT/TENANT GRAY ST WHEATa ?a 80212 « �� ` ■ $ k■ ro . .a . . <. . . 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CO 80033 COMMR 11619 BILLINGS AVE LAFAYETTE CO 80026 4114 HARLAN ST WHEAT RIDGE CO 80033 COMMRON ROBERT E HUGHSTON JUDY K 4270 INGALLS ST WHEAT RIDGE CO 80033 4270 INGALLS ST WHEAT RIDGE CO 80033 RESID IBARRA ALEJANDRA IBARRA FRANCISCO C 4320 GRAY ST WHEAT RIDGE CO 80212 4320 GRAY ST WHEAT RIDGE CO 80212 RESID JEFFERSON COUNTY 100 JEFFERSON COU PKWY GOLDEN CO 80419 0 FENTON ST COMMR KADNUCK ROBERT G 4325 HARLAN ST WHEAT RIDGE CO 80033 4325 HARLAN ST WHEAT RIDGE CO 18DO33 COMMR KATZENBERGER STEPHEN J CHRISTIANSON SHAWN M 4155 INGALLS ST WHEAT RIDGE CO 80033 4155 INGALLS ST WHEAT RIDGE CO 80033 RESID KEELEYJERIL 4370 JAY ST WHEAT RIDGE CO 80033 4370 JAY ST WHEAT RIDGE CO 80033 RESID KOENTGES IAN P RUOTE KELSEY E RUOTE C 60251W 111ST AVE WHEAT RIDGE CO 80033 6025 W 41ST AVE WHEAT RIDGE CO 80033 RESID F: JF4269 N 26TH ST BOULDER CO 80304 6090 W 44TH AVE WHEAT RIDGE CO 80033 COMMR City of Wh6at V V .ria COMMUNiTy DEVELOPM NT Wheat Ridge Community Development Department Meeting Date: MEMMUM= Attending Staff: Z rI4 R4 If 11 Gyorgyka Hamvas 4295 Harland St. Wheat Ridge, CO 303-868-1359 Meredith Reckert, Senior Planner Lauren Mikulak, Senior Planner Specific Site Location: 4295 Harlan Street Existing Zoning: UMMMUMMIM Restricted Commercial (RC) Neighborhood Commercial Corridor, Neighborhood Existing Site Conditions: The property is located at 4295 Harlan Street in the northeast quadrant of the City. The site is zoned Restricted Commercial (RC) and is in area that has a mixture of residential and commercial uses and zoning. Properties to the west are zoned Residential -Two (R-2) and are used for low density residential. The properties to the north and south are zoned RC. These properties appear to have been constructed as single family residential uses but were modified to commercial uses. The site is located 620' south from the Harlan Street and West 44`h Avenue intersection, a major gateway to the City on the northeast side of Wheat Ridge. Based on Jefferson County records, the subject property consists of one lot under the Parcel ID: 39- 243-01-002 with a total area of 9,179 square feet. The property is part of the Karen Subdivision. There is one structure located on the lot that is a 1,826 square toot converted home. The home was originally built in 1951, but has since been converted to a commercial use. Applicant/Owner Preliminary Proposal: The applicant has the property for sale; however, the majority of the potential buyers are interested in using it for a residence, not a commercial use. In the RC zone district, new residential uses are not permitted unless they are ancillary to a primary residential use on the property and can then only be located in the rear or on a second level. The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property, including the option of converting the structure back to a primary residential occupancy. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting is required prior to all zone change requests. Planning comments: The following items were discussed based on the proposal: ffisto�y As described above the property was originally constructed as a home and subsequently converted to a commercial business. A brief timeline is outlined below: • The property was originally developed in 1951 as a residence. • In 2007, a commercial remodel was completed converting the property frorn a residence to a spa business. A Certificate of Occupancy was issued 10/8/2007. • As part of the commercial remodel, a commercial parking lot was installed in the front yard with 8 parking spaces. • A site plan in tile address file indicates that the majority of the home was converted to a commercial occupancy. Based on conversations with the business owner, the home was not used as a residence. Though she inquired about converting it back, this was not completed. • A business license was approved in 2007. Zoning The site is currently zoned Restricted Commercial (R, -C). The intent of the zone district is to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood -oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The zoned district also provides limited neighborhood -oriented retail uses by special use approval. In the RC zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a primary commercial use. Because the subject property was previously converted to a commercial use, it cannot be converted back to a primary residential use under the current zoning. The Mixed Use -Neighborhood (MU -N) zone district similar to RC zoning in that it is generally located along neighborhood main streets and allows for a limited range of neighborhood -serving, commercial and retail uses. Unlike NC, however, the MU- N zone district also allows single-family residences as a permitted primary use. In terms of permitted uses, MU -N zoning will provide more flexibility for the applicant and future tenants. Tile process for a zone change is described below. Building Division comments: The building division was not present and has no comments at this time. The applicant or any potential owners are encouraged to contact the Building Division to confinil whether or not ally interior modifications will be required in association with a potential change in occupancy. H Public Works comments: Public Works was not present and has no comments at this time. Neither a drainage report nor a traffic impact study will be required for the zone change. Zone change process: This request will require a zone change application. The zone change process can take about four months, and the first step in the process began with the pre -application meeting on August 21, 2014. The next step in the process is to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 -foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 -toot radius. A sample notification letter is attached and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. Meetings are typically held at City Hall. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed; planning staff will be present to describe the zone change process. After the neighborhood meeting is held, the applicant may submit a formal application for the zone change. An appointment with a planner is required to submit the application. The application must include a written justification of the requested zone change to MU -N. Please refer to the zone change application checklist that is attached to this summary and was distributed at the pre -application meeting. After the application is submitted, a case manager will review it for content. If all submittal requirements have been met, the application will be sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to landowners within 300 feet, and posting signs on the property are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. Using the criteria in Section 26-112.13 of the Municipal Code, the case manager will prepare a staff report and make a recommendation to present at the Planning Commission public heating. After the staff report is presented at the hearing, the applicant and members of the audience will be allowed to give testimony regarding the application. Generally, a decision for recommendation will be made at the end of the public hearing-, sometimes a case will be continued to another heating 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 I testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance, Utility Providers: The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Wheat Ridge Water, phone: 303-424-2844 • Wheat Ridge Sanitation, phone: 303-424-7252 • Wheat Ridge Fire District #1, phone: 303-403-5900 All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Attachments: Zone change application check -list Phone Numbers Meredith Reckert — Senior Planner Lauren Mikulak — Senior Planner John Schumacher — Chief Building Official Dave Brossman — Development Review Engineer Mark, Westberg -- Projects Supervisor 303-235-2848 303-235-2845 303-235-2853 303-235-2864 303-235-2863 L9 of Wheat', .�1s y�ityy 0 B ZONING APPLICATION FEES w+H10638 CHUM 00 TOTAL HU Lauren Mikulak From: Gyorgyike Hamvas <ghamvas@q,com> Sent: Monday, August 11, 2014 5:24 PM To: Lauren Mikulak Dear Zoning Department! My name is Gyorgyike I Hanivas, owner the bldg at 4295 Harlan St. Would like to rezone it . I rezoned the bldg from residential to commercial and run my Spa out of it. The reason for asking to rezone it again is because need to sell the bldg. Potential buyers want mix use or residential zoning for different purposes. Please take my application and start the rezoning process. Thank You! Sincerely Gyorgyike I Hamvas cell#; 303-868-1359