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HomeMy WebLinkAboutWZ-15-06r City of f �Wh6atR,jge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building December 1, 2015 Michael Buck 10191 W 38th Avenue Wheat Ridge, CO 80033 Dear Mr. Buck 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of November 9, 2015, City Council APPROVAL of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38th Avenue for the following reasons: I. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested zoning has been reviewed by Planning Commission, which has forwarded its recommendation. 3. The requested zoning has been found to comply with the "criteria for review" in Section 26- 112-E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes cc: WZ-15-06 (case file) WZ 1506.doc www.ci.wheatridge.co.us City Council Minutes November 9, 2015 Page 3 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill Council Bill 23-2015 — Approving a Zone Change from Residential - One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38`" Avenue (Case No. WZ-15-06/Buck) Councilmember Pond introduced Council Bill 23-2015. Rezoning is the first step for redevelopment of the site under MU -N If approved, all further review will be done administratively with no public hearings required. Clerk Shaver assigned Ordinance 1586. Mayor Jay opened the Public Hearing and swore in the speakers Ken Johnstone gave the staff presentation. He entered into the record the content of the presentation, the zoning code, the City's Comprehensive Plan, and the packet material. The property is located on 38`" Avenue, west of Kipling on the north side of the street, immediately west of the dental offices. This area is appropriate for residential, light commercial or mixed use. Neighborhood meetings were held with no concerns raised All agencies can serve the property. The Planning Commission recommends approval as the zone change responds to redevelopment in the area and it is compatible with the surrounding area Council questions • Councilmember Urban inquired how the applicant letter could claim no significant impact to traffic when the use has yet to be determined. Mr. Johnstone stated that the property is only .4 acres so any use will not have much impact. Additionally the purpose of the rezoning when no use is identified is to position the property for reinvestment the MU -N zone is attractive. Councilmernber Mathews asked about height limits. Standard height limitations are in place (35' for residential and 50' for commercial): no exemptions will apply. Mayor Jay closed the Public Hearing. Motion by Councilmember Pond to approve Council Bill No. 23-2015 - an ordinance approving a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU - N) for property located at 10191 W 38th Avenue (Case No WZ- 1 5-06/Buck) 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 of the Code of Laws seconded by Councilmember Fitz: carried 7-0 WZ-15-06 / Buck 10191 W. 38t11 Avenue Request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) City Council November 9, 2015 PRDi' A ' .. N -C R-! C, R Current Zoning ie - T .I Aerial: 10191 W. 3811' Avenue � z 10191 W.381"Avenue Comprehensive Plan Staff Recommendation Staff concludes: — Promotes the health, safety and general welfare of the community, with no significant adverse effects. — Zone change to MU -N is supported by adopted plans. — Zone change responds to redevelopment in the area — MU -N is compatible with the surrounding area Staff recommends APPROVAL of the request Process Neighborhood Meeting: i Held onluly 28, 2015 • Six attendees No concerns `. Agency Referrals • No concerns from any agency — all will assess at tirne of redevelopment Planning Commission • Public Hearing — September 17, 2015 jRecommended approval Comprehensive Plan Staff Recommendation Staff concludes: — Promotes the health, safety and general welfare of the community, with no significant adverse effects. — Zone change to MU -N is supported by adopted plans. — Zone change responds to redevelopment in the area — MU -N is compatible with the surrounding area Staff recommends APPROVAL of the request Citof ��Wl�'YatRiqgc ro� V h -.V4 ITEM NO: r L - DATE: November 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2015 - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 10191 W. 38th AVENUE (CASE NO. WZ-15- 06/BUCK) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (10/12/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (11/9//2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO n Uommunity Developm t Directory V City Manager ISSUE; if This application is for approval of a zone change from Residential -One (R-1) to Mixed Use - Neighborhood (MU -N) for property located at 10191 W. 38 h Avenue. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 17, 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing are attached. Case No. WZ-15-06 / Buck Council Action Form — Zone Change for 10191 W. 38th November 9, 2015 Page 2 FINANCIAL IMPACT: Fees in the amount of $880.00 were collected for the review and processing of Case No. WZ-15- 06. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the redevelopment of the site in response to redevelopment in the area of Kipling Ridge, at W. 38b Avenue and Kipling Street. BACKGROUND: Subject Property The property is located in the western portion of the city at 10191 W. 38th Avenue. Per the Jefferson County Assessor, the property is 20,299 square feet (0.47 acres) in size. The primary structure on the property was originally built 1900 as a single north of the property, with approxily home imatethe ly 5 feet of roperty o has a detached garage. Lena Gulch the northwestern most corner encumbered by the 100 -year floodplain and floodway. The floodplain does not impact the deve ff menof Wt 38th Avenue. opportunity nthe The pes dent One curretly occupied roughly a 20 feet in width is used for access o rental. Surrounding Land Uses The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38th Avenue consists of residential zones. A single property immediately east of the subject property is zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38th Avenue at the intersection with Kipling Street, and west along the south side of W. 38th Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development Current and Proposed Zoning The property currently is zoned Residential -One (R-1). The R-1 zoning allows large -lot single family homes. The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood serving commercial and retail uses. The applicant has no specific development plan at this time, and the property is currently listed for sale. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDATIONS: Staff recommends approval of the zone change as outlined in the motion. Council Action Form — Zone Change for 10 191 W. 38th November 9, 2015 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2015, an ordinance approving a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38 Avenue 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 of the Code of Laws." Or, "I move to deny Council Bill No. 23-2015, an ordinance approving a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38'hAvenue for the following reasons: 1. 2. 3. 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: Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 23-2015 2. Planning Commission staff report with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER POND COUNCIL BILL NO. 23 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 10191 W. 38th AVENUE (CASE NO. WZ-15-06/BUCK) 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, a land use application has been submitted for approval of a zone change to Mixed Use -Neighborhood zone district for property located at 10191 W. 38th Avenue; and WHEREAS, the subject property is in an area currently undergoing change and redevelopment; and WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Michael Buck for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38th Avenue, 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 LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Southeast corner of the East one half of the Southeast Quarter of the Southeast Quarter of Section 21, whence the South Quarter corner thereof bears South 89 degrees 12 minutes 43 seconds West, a distance of 1981.61 feet; thence North 00 degrees 08 minutes 23 seconds West along the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section 21, a distance of 30.00 feet to a point on the North right-of-way line of West 38th Avenue, being the point of beginning ;thence continuing North 00 degrees 08 minutes 23 seconds West, a distance Attachment 1 of 140.00 feet; thence North 89 degrees 12 minutes 43 seconds to a point on said North right-of-way line, a distance of 145.00 feet to the point of beginning, County of Jefferson, State of Colorado. Section 2 Vested Property 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. Section 3 Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and 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 objective sought to be attained. Section 4 Severability' 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 7 to 0 on this 12t`' day of October, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, November 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 0, this 9th day of November, 2015. SIGNED by the Mayor on this day of , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Sc Gerald Dahl, City Attomey 1 publication: October 15, 2015 2nd publication: Wheat Ridge Transcript: Effective Date: City of "M Wheat i e MUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED CASE MANAGER: L. Ritchie September 17, 2015 WZ-15-06/Buck Approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) LOCATION OF REQUEST: 10191 W. 38" Avenue PROPERTY OWNER: Michael Buck APPROXIMATE AREA: 0.47 acres PRESENT ZONING: Residential -One (R-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. VICINITY MAP Attachment 2 I. REQUEST This application is for approval of a zone change from Residential -One to Mixed Use - Neighborhood for property located at 10191 W. 381h Avenue. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the City's Mixed Use zoning code. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to modify the list of uses in response to redevelopment occurring around the site. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located in the western portion of the city at at 10191 W. 38`h Avenue. Per the Jefferson County Assessor, the property is 20,299 square feet (0.47 acres) in size. The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately the 5 feet of the northwestern most corner encumbered by the 100 -year floodplain and floodway. The floodplain does not impact the development opportunity on the property One driveway of roughly 20 feet in width is used for access off of W. 38th Avenue. The residence is currently occupied as a rental. (Exhibit 2, Zoning Map; Exhibit 3, Aerial Photo; Exhibit 4, Improvement Location Certificate; Exhibit 5, Site Photos) The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38th Avenue consists of residential zones to the west and north and east. A single property immediately east of the subject property is zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38th Avenue at the intersection with Kipling Street, and west along the south side W. 38th Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development. (Exhibit 2, Zoning Map) III. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood serving commercial and retail uses. The property is currently zoned Residential -One (R-1). The zone district was established to provide high quality, safe, quiet and stable low density residential neighborhoods. The applicant has no specific development plan at this time, and the property is currently listed for sale. The following table compares the existing and proposed zoning for the property: Planning Commission 2 WZ-15-06/Buck Development Standard R-1 zoning MU -N zoning Uses Single family Allows new residential, commercial residential or mixed uses — includes multi- famil and live/work facilities. Architectural High quality architecture required; Standards N/A standards related to articulation, variation, materials, trans arenc . Max. Building Height 35' 35' if the building has residential use, 50' for all other uses. Max. Lot coverage 25% 90% for mixed use, 85% for sin gale use. Min. Landscaping N/A 10% for mixed use, Build -to / Setbacks 15% forsin le use. Front 30' 0 — 12' build -to area Rear setback 15' 51 Side setback, east 15' 0' Side setback, west 15' 1-2 story = 10' 3 sto Given the proximity of the single-family home on the west side, it should be noted that the MU - N zone district includes standards which offset the potential impacts of new commercial development, taller buildings, and includes parking lot screening, landscape buffers and building step backs. If the rezoning is approved, the applicants would then submit for administrative site plan review. The design for the property would be held to the standards set forth in the zoning code. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While rezoning would allow uses beyond single-family residential, any new development will require site plan review through which traffic impacts, drainage and buffering will be analyzed. The MU -N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility Planning Commission WZ-15-06Buck between future development and existing land uses. The rezoning could provide a revenue source for the City through the collection of sales tax. 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. Although no specific buildings or redevelopment is proposed at this time, all responding agencies have indicated they can serve the property. Prior to any redevelopment, a site plan review application will be required. This application will include a referral to all impacted utility agencies. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. If the property redevelops, they would have to conform to the landscaped coverage and streetscape provisions required by the City. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: 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. �ih j Excerpt from Envision Wheat idoP { Ridge Structure Plan Community /N Commercial Center w FP7ro:peEr1o=cation 4 Planning Commission W Z-15-06Buck Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as Neighborhood. It is also within the Community Commercial Center designation. Neighborhood is a designation intended to identify a foundational element of the Comprehensive Plan, with the goal of providing places for people to own homes and thrive and where residents of all ages can live safely and comfortably. A Community Commercial Center is an area of focus for the City, with the goal of ensuring that these areas remain economically strong and serve community needs related to the City's fiscal health and social well-being. Goals met with the proposal include the possible redevelopment of a property with a new commercial use in an area currently undergoing new commercial and residential development at Kipling Ridge or potential investment in the area through the provision of new or upgraded housing stock. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. With the development at Kipling Ridge, which includes Sprouts, Starbucks and Morningstar Senior Living, the area is undergoing change and redevelopment. This rezoning application provides further opportunity for new development and is in response to the change in the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Planning Commission WZ-15-06Buck Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on July 28, 2015. Six neighbors attended and the proposed zone change was discussed. (Exhibit 6, Neighborhood Meeting Notes) 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 Economic Development: No comments at this time. Wheat Ridge Fire Protection District: No comments at this time. Consolidated Mutual Water: No concerns with the zone change. Will assess service at the time of a change of use. Wheat Ridge Public Works: No comments at this time. Westridge Sanitation District: No concerns with the zone change. Will assess service at the time of a site plan application. Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change responds to redevelopment in the area and provides the opportunity for additional redevelopment within a Community Commercial Center. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-06. VIII. SUGGESTED MOTIONS Option A 6 Planning Commission WZ-15-06/Buck "I move to recommend APPROVAL of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38`h Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request." Option B: "I move to recommend DENIAL of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38`h Avenue, for the following reasons: 2. ...,, Planning Commission WZ-15-06/Buck Exhibit 1 — Applicant letter 38`h Zoning Changes The purpose and intention of changing the current zoning of the property at 10191 W. 38`h Avenue is to fully utilize the use of the land in accordance with the current changes in the community. The parcel is located adjacent to the new development at the intersection of 381h Avenue and Kipling Street. This alters and influences the use of the parcel for more diverse and possible commercial uses. The new zoning change to MU -N will benefit the surrounding area with expanded opportunities for growth and development in an underused area. There is easy access and there will be no significant impact to traffic in the area. The parcel already includes access to all major utilities. There will be no additional effects to the community as all public utilities and services are already being used in the area. Any future development of the parcel would be in accordance with existing community policies. The initial community meeting addressing the request for zoning change was held and there were no conflicting interests discovered. Planning Commission WZ-15-06Buck Exhibit 2 — Zoning Map Planning Commission WZ-15-06Buck Exhibit 3 — Aerial Photo Planning Commission 10 WZ-15-06/Buck Exhibit 4 — Improvement Location Certificate N Rq-17d-4P tncn COLUMBINE SURVEYING, INC. 7673 South Ames Way Littleton, CO 80128 NO TH 303.972-8000 fax 303-972-8001 www.columbinesurveying.com IMPROVEMENT LOCATION CERTIFICATEt�V= I hereby oeutify that this inOroromenl IOGetic �1 cert'lc"(e "a preoarad for �It 1,, CHICAGO TITLE �^r0 ^'a'e+ry�l frw aurvey W I w ar`pPYrwrl Wrrer o Y arw Ina{ it la not W a rekse rayon Ip n. aataer. a'.+.anl d farq, pldrq_ a an.. Nl.aa I le•efY CafLy a.w IAa npro`anlanl. m M •Oo.� Ca �dfeW OareM, ac.pr ower dYnfrlJO�. Ya anvati Nn.n tlra ed�MaM. d M frroel eup! as ahm a, shat fiart Ye baa or uyon M deacrWwf O o .'y W !uWnine `nwwwnv+u u a� nr n9 vvn.u. wp! a� .+eru�w7. rw wl oy.r, b no appn�rlt awaarfu of oaonp o ny earl of lard arcaf Cafe b� b CtlYado am Fm rMW ainwro aq b(a CaW roan F NOtE: N partes an bora .. -10.10 � k-.AM1 :Yee )earl YfY ya l el datowrae awl are N "" d a00a!aro aaaemenb Y ,f Opti b A aea4 e•.r ary Kean t•N y ash I.Yc1 Y M MMO+rMa kerF + " b! �'brma4M p V 4/W�Vcd bl CY�k a Oa IM -M � I'- ! f—i kv k dM N. dj;00 ~Mem noted. I . / / Buyer Address : 10191 WEST 38TH AVENUE Title Co: Order . 30790019 Planning Commission WZ-15-06/Buck Michael Aks 31 Profess) no Surveyor D Exhibit 5 — Site Photos Planning Commission WZ- 15-06Buck Planning Commission WZ-15-06Buck ,; ��i -- �= �=. hs � , ._�il�� 1 ' 1\ �y ` �Y s Exhibit 6 — Neighborhood Meeting Notes NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: July 28, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 29`h Avenue Wheat Ridge, CO 80033 10191 W. 38`h Avenue Michael Buck Yes, represented by wife, Maureen Buck, and son, Austin Buck Michael and Maureen Buck mbuckten@yahoo.com Residential -One (R-1) Neighborhood Existing Site Conditions: The property is located along W. 38`h Avenue at Lee Street, just west of Kipling Street. The parcel is addressed as 10191 W. 38`" Avenue, and is identified as PIN 39-214-00-050. The property is currently zoned Residential -One (R-1). The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38`h Avenue consists of residential zones to the west and north and east. A single property immediately to the subject property's east is a property zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38`h Avenue at the intersection with Kipling Street, and west along the south side W. 38`h Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development. Planning Commission 15 WZ-15-06Buck Based on Jefferson County records, the subject property is 20,299 square feet (0.47 acres). The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately the 5 feet of the northwestern most comer encumbered by the 100 -yr floodplain and floodway. One driveway of roughly 20 feet in width is used for access off of W. 38`h Avenue. The residence is currently occupied as a rental. Applicant/Owner Preliminary Proposal: The applicant is proposing a zone change to Mixed Use -Neighborhood (MU -N) to provide flexibility in marketing the site and to complement other commercial and multi -family projects currently being developed in the area. No end use or specific project is envisioned at this time. Attendance from the neighborhood: Six people from the neighborhood were in attendance. The following is a summary of the neighborhood meeting: • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change. • The attendees were informed of the process for a zone change. • The attendees were informed of his opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: What is the difference between the R -I zoning and Mixed -Use Neighborhood? • The R -I zone district allows only single family residences with permitted accessory uses such as in-home businesses and the keeping of household pets. The MU -N zoning would allow residential uses (single family, townhouses, apartments) in addition to a variety of commercial uses. Does the applicant need to know more specifically what the future use is before applying for a zone change to mixed use? • No, an applicant may request a rezoning to any mixed use zone district without providing development plans. The mixed use code was designed with strict standards in terms of design.. Any development would have to be consistent with mixed use standards if and when the property redevelops. What is the maximum height for buildings in the MU -N zone district? • A structure which has residential uses would be limited to 35' in height. All other buildings have a 50' height maximum. Are marijuana facilities allowed in MU -N? • No. Planning Commission 16 WZ-15-06Buck Discussion occurred regarding the property to the west which is also zoned R-1 and has a nonconforming duplex on it. The parcel is addressed as 10221 W. 38`h Avenue. The property owner was present and indicated that it is for sale and that he was also potentially interested in a zone change. No written correspondence was received regarding the neighborhood meeting notice. Planning Commission 17 WZ-15-06Buck I%fotion carried 5-0-2 %%"th Commissioners Weaver and Timms abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. PUBLIC HEARING A. Case No. "Z-15-06: Ms. Ritchie gave a short presentation regarding the zone change process and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met. The applicant is requesting approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for the property located at 10191 W. 38"' Avenue. The applicant has no specific redevelopment proposal at this time. This request is in response to redevelopment in the area: The recently opened Starbucks. Sprouts and Morningstar Senior Living which is currently under construction. The current zoning, R-1, only allows single family residential. The proposed change, MUN, allows residential, commercial or mixed use (live/work). It ,possible nothing will change on the lot with this request, but a zoning change allows possibilities for the future. The size of the property is less than '/z acre which somewhat limits potential development on the property. A neighborhood meeting was held July 28'2015. Six people from neighborhood attended with no objections to the rezone. One neighbor submitted a written objection. but only if marijuana is allowed, which it is not. Commissioner TIMMS had a question regarding Exhibit 3 - Aerial Photo in packet. He is wondering how to access the property located to the North and if the would affect the access to this site. rezone Ms. Ritchie stated there is currently no access to that parcel, and it may not be developable because it is in a flood zone. Ms. Reckert stated that a majority of the site is in a floodway so no structures will be built. Commissioner OHM had a question regarding Exhibit 2 in the packet. He wanted to know if the R-1 zoning is on 38" Avenue. Planning Commission Minutes September 17. 2015 Attachment 3 -2- Ms. Ritchie stated this happens often in Wheat Ridge and the zone district goes to the center line in the road. Ms. Reckert agreed. Commissioner OHM was concerned the dentist office zoning line doesn't extend to the middle of the road. Ms. Reckert stated that this will be corrected. Chair BUCKNAM asked if it will go to the center line. Ms. Ritchie confirmed that when the rezoning map is redrawn. the zone district line %+•ill go to the street center line. Chair BUCKNAM wanted to know if city staff received any concerns from Parks and Rec or an}, other agencies related to the 50'height for other uses in a MU -N. Ms. Ritchie said there were no concerns. The applicant. Michael Buck. had nothing to add. Chair BUCKNAM opened the Public Hearing No one came for»vard to speak. Chair BUCKNAM closed the Public Hearing U -*vas moved by Commissioner TIMMS and seconded by Commissioner OHM to recommend approval of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38'M Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the communit.". 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The zone change will provide additional opportunity for redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. The motion was approved 7-0 R. OTHER ITEMS A. Resolution 02-2015. Mr. Steve Art. Economic Development and Urban Renekval Manager. gave a short presentation regarding Resolution 02-2015. Planning Commission Minutes - 3 - September 17. 2015 � , f City of Wheat R:idge POSTING CERTIFICATION CASE NO. WZ-15-06 CITY COUNCIL HEARING DATE: I residing at < vC (name) November 9, 2015 (a0dress) as the applicant for Case No. WZ-15-06 hereby certify that I have posted the Notice of Public Hearing at /0/ /-'1- le,4eA,- C (location) on this 21 day day oftand 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 positiga shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on tl{s case and will be placed in the applicant's case file at the Community Development Department. MAP City of W heat Rjdge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: • The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on November 9, 2015. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of W w-- �.a V" ITEM NO:3 =-1 _ J DATE: October 12, 2015 111 REQUEST FOR CITY COUNCIL ACTION �ilrL� .►� -� TITLE: COUNCIL BILL NO. 23-2015 - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 10191 W. 38`h AVENUE (CASE NO. WZ-15- 06/BUCK) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (10/12/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (11/9/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO 11 City Manager ISSUE• ' This application is for approval of a zone change from Residential -One (R-1) to Mixed Use - Neighborhood (MU -N) for property located at 10191 W. 38`h Avenue. The zone change is the first step of the process for approval for redevelopment of this site under MU -N zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the City zoning code and the Architectural and Site Design Manual. This review would be administrative with no additional public hearings required. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 17, 2015. The Planning Commission recommended approval of this request. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. Zoning Change at 10191 38th Avenue October 12, 2015 Page 2 FINANCIAL IMPACT: Fees in the amount of $880 were collected for the review and processing of Case No. WZ-15-06. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the redevelopment of the site in response to redevelopment in the area of Kipling Ridge, at W. 38th Avenue and Kipling Street. BACKGROUND: Subject Property The property is located in the western portion of the City at 10191 W. 38th Avenue. Per the Jefferson County Assessor, the property is 20,299 square feet (0.47 acres) in size. The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately five feet of the northwestern most corner encumbered by the 100 -year floodplain and floodway. The floodplain does not impact the development opportunity on the property. One driveway of roughly 20 feet in width is used for access off of W. 38th Avenue. The residence is currently occupied as a rental. Surrounding Land Uses The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38th Avenue consists of residential zones to the west and north. A single property immediately east of the subject property is zoned PCD and operating as a dental office. C-1 zoning is prominent along W. 38th Avenue at the intersection with Kipling Street, and west along the south side of W. 38th Avenue. The subject property is across the street from the new Kipling Ridge development. ' Current and Proposed Zoning The property currently is zoned Residential -One (R-1). The R-1 zoning allows large -lot single family homes. The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood serving commercial and retail uses. The applicant has no specific development plan at this time, and the property is currently listed for sale. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2015, an ordinance approving a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38th Avenue on first reading, order it published, public hearing set for Monday, November 9, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Zoning Change at 10191 38`h Avenue October 12, 2015 Page 3 REPORT PREPARED/REVIEWED BY: Lisa Ritchie, Planner I1 Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2015 INTRODUCED CITY OF WHEAT RIDGE BY COUNCIL MEMBER COUNCIL BILL NO. 23 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 10191 W. 38th AVENUE (CASE NO. WZ-15-06/BUCK) 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, a land use application has been submitted for approval of a zone change to Mixed Use -Neighborhood zone district for property located at 10191 W. 38th Avenue; and WHEREAS, the subject property is in an area currently undergoing change and redevelopment; and WHEREAS, the proposed zone change is supported by the City's Comprehensive Plan—Envision Wheat and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Michael Buck for approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) for property located at 10191 W. 38th Avenue, 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 LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Southeast corner of the East one half of the Southeast Quarter of the Southeast Quarter of Section 21, whence the South Quarter corner thereof bears South 89 degrees 12 minutes 43 seconds West, a distance of 1981.61 feet; thence North 00 degrees 08 minutes 23 seconds West along the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section 21, a distance of 30.00 feet to a point on the North right-of-way line of West 38th Avenue, being the point of beginning ;thence continuing North 00 degrees 08 minutes 23 seconds West, a distance ATTACHMENT 1 of 140.00 feet; thence North 89 degrees 12 minutes 43 seconds to a point on said North right-of-way line, a distance of 145.00 feet to the point of beginning, County of Jefferson, State of Colorado. Section 2 Vested Property 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. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and 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 objective sought to be attained. Section 4 Severability; 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 12th day of October, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, November 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 day of , 2015. SIGNED by the Mayor on this day of Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk , 2015. Approved as to Form: 1St publication: Gerald Dahl, City Attorney 2"d publication: Wheat Ridge Transcript: Effective Date: �!C)I W heat IQdgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-06 Date of City Council hearing: November 9, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 26 letters on September 2, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Date: c 2 -1 �— WZ-15-06 / Buck 10191 W. 38t" Avenue Approval of a zone change from Residential -One (R-1) to Mixed Use -Neighborhood (MU -N) Planning Commission September 17, 2015 C -I 1— - I� Current Zoning ' • t1'`M� - I � -?t ,A\. r now TIQ Aerial : 10191 W. 381" Avenue 1 _I Aerial: 10191 W. 3811 Avenue N Comprehensive Plan d M �w6p^ Rezone Request Zone Change from Residential -One to Mixed Use -Neighborhood • No specific redevelopment proposal at this time; • The single family home on the property is currently occupied as a rental residence; • Request responds to redevelopment in the area. IVw Ili`- , n !"`"Imil.6,Pt� 10191 W. 3811' Avenue M 10191 W. 381h Avenue 10191 W.38t"Avenue i 10191 W. 38i1 Avenue ---tet ;6 10191 W. 3811 Avenue Response to Redevelopment v O I INAW +� Ir LI Comparison of Development Standards— ■ Comparison of Development Standards Development R-1 Zoning MU -N Zoning Minimum R-1 Zoning MU -N Zoning Standard 15% for single use Build -to / Setbacks Single Family commercial, or mixed uses - Uses Residential including multi -family and Rear setback 15 feet live/work. Architectural N/A High quality architecture required; Standards 15 feet Mixed Use standards apply 35 feet, if building includes Max. Bldg. Height 35 feet residential 50 feet for all other uses 90% for mixed use Max. Lot Coverage 251>1 85% for single use Agency Referrals The following referral responses were provided • Consolidated Mutual Water: Currently serving, a new application will be required with a change of use. • Westridge Sanitation: Currently serving, will determine additional requirements when redevelopment is proposed. • Xcel Energy: Can serve. • Wheat Ridge Public Works: No comments at this time. Development Standard R-1 Zoning MU -N Zoning Minimum =:; Landscaping 15% for single use Build -to / Setbacks Front 30 feet 0-12 feet build -to area Rear setback 15 feet 5feet Side setback, east 15 feet 0 feet Side setback, west 15 feet 1-2 story = 30 feet 3 story = 15 feet Neighborhood Comments Neighborhood Meeting: • Held on July 28, 2015 • Six attendees • No objections noted during meeting 11/12/2015 n� City of Wh6atR,Ldgc POSTING CERTIFICATION CASE NO. WZ-15-06 PLANNING COMMISSION HEARING DATE: I, C���� ��3c-L— residing at 2SS,-L i as the applicant for Case No. - September 17, 2015 (n a m e) vIk"I R- , oA k, s C, -j Ebal (address) WZ-15-06 hereby certify that I have posted the Notice of Public Hearing at k okci(,L). Ak'C-. lJke2A_ (location) on this day ofand 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. MAP r City of W heat Ridge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on September 3, 2015. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of Wheat�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.D) September 2, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed -Use -Neighborhood (MU -N) for property located at 10191 W. EAven8th ue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission September 17, 2015 Cad 7:00 p.m., City Council November 9, 2015 na 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division ge r -f -_�` (:7 Mahlon D. AmsW 3892 Lee Cir. Wheat Ridge, CO 80033.4149 Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. n �� i% xi.i% heatridge.coms City of ri Wheat_gie COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) September 2, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-06, a request for approval of a zone change from Residential -One (R-1) to Mixed -Use -Neighborhood (MU -N) for property located at 10191 W. 38`h Avenue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission September 17, 2015 (& 7:00 p.m., City Council November 9, 2015 Q) 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. iN i%%s.ci.w heatridge.co.us easy reel— Ldueis A Bend along line to I Use AveryO Template 516040 j Feed Paper ' expose Pop-up EdgeTM j PAUL F KUNZ & MARY CAROL CITY OF WHEAT RIDGE KUNZ REV LVG TR 07500 W 29TH AVE 03832 LEE CIR LAKEWOOD CO 80215 WHEAT RIDGE CO 80033 DENNING FRANKLIN D JR 14700 W 82ND AVE ARVADA CO 80005 MCLAUGHLIN FAMILY TRUST 03730 LEWIS ST WHEAT RIDGE CO 80033 MARILYN J BERG TRUST 03882 LEE CIR WHEAT RIDGE CO 80033 MATISCIK RICHARD 06248 HOLMAN CT ARVADA CO 80004 HOFFMAN BETTY M 03852 LEE CIR WHEAT RIDGE CO 80033 CITY OF WHE IDGE 07500 W H AVE WHEAT RIDGE CO 80033 MVG MS WHEAT RIDGE LLC 02240 BLAKE ST200 DENVER CO 80205 LOTITO PATRICIA M 03862 LEE CIR WHEAT RIDGE CO 80033 MILLENNIUM VENTURE GROUP INC 02240 BLAKE ST200 DENVER CO 80205 THOMAS BETTY J 03849 LEE CIR WHEAT RIDGE CO 80033 CASTLE LION 440 E 13TH LLC 01251 PENNSYLVANIA ST2 DENVER CO 80203 CITY OF WHEAT RIDGE 07500 W 2 AVE WHEAT -RIDGE CO 80033 CITY OF WHEAT R 07500 W 29 E WHEA DGE CO 80033 GERSTNER PAULA 03755 LEE ST WHEAT RIDGE CO 80033 ADDYMAN ROBERT J 03822 LEE CIR WHEAT RIDGE CO 80033 AVERYO 5160® 1 BUCK MICHAEL PO BOX 445 WATKINS CO 80137 MCDONALD LINDA M 03875 LEE CIR WHEAT RIDGE CO 80033 MOYER STEPHEN B 03825 LEE CIR WHEAT RIDGE CO 80033 CAMBRIDGE PARK HOMEOWNERS ASSOC INC 09250 W 5TH AVE LAKEWOOD CO 80226 NEELY ORVILLE L PO BOX 1838 ARVADA CO 80001 CITY OF WH IDGE 07500 H AVE T RIDGE CO 80033 LEML GEORGE 03842 LEE CIR WHEAT RIDGE CO 80033 VIRGINIA L BYERS NYSTROM RUTH M SUPPLEMENTAL CARE TRUST 03902 LEE CIR 21110 ELK MEADOWS CIR WHEAT RIDGE CO 80033 ELBERT CO 80106 AMSTUTZ MAHLON D 03892 LEE CIR WHEAT RIDGE CO 80033 DENNING FRAN JR 14700 W 8 AVE ARV CO 80005 MR LAND LLC 10135 W 38TH AVE WHEAT RIDGE CO 80033 SPARKS JANICE N 03916 LEE CIR WHEAT RIDGE CO 80033 ttiquettes faciles 6 peler ; A Repliez a la hachure afin de I Sens de I www.averv.com Jtilisez le gabarit AVERY® 5160® chargement reveler le rebord Pop-upmc i 1 -800 -GO -AVERY 1 tasy reel— Laoeis Use Avery® Template 51600 A Bend along line to i 1 Feed Paper �expose Pop-up EdgeTM 1 BUNTIN C R 3906 LEE CIR WHEAT RIDGE CO 800333 AVERYO 51600 1 ttiquettes faciles h peter I A Repliez h la hachure afin de Sens de i www.averv.com Utilisez le gabarit AVERI(® 51600 chargement r6vdler le rebord Pop-up- j 1 -800 -GO -AVERY %o, W heat P,�gc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-06 Date of Planning Commission hearing: September 17, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 26 letters on September 2, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Date: - ;? - / 5 CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ-15-06, an application filed by Michael and Maureen Buck for approval of a zone change from R-1 to MU -N located at 10191 W. 38`h Avenue will be held in the City Council Chambers, Municipal Building located at 7500 West 29`h Avenue, Wheat Ridge, Colorado, on September 17, 2015 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. Legal Description: A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Southeast corner of the East one half of the Southeast Quarter of the Southeast Quarter of Section 21, whence the South Quarter corner thereof bears South 89 degrees 12 minutes 43 seconds West, a distance of 1981.61 feet; thence North 00 degrees 08 minutes 23 seconds West along the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section 21, a distance of 30.00 feet to a point on the North right-of-way line of West 38th Avenue, being the point of beginning ;thence continuing North 00 degrees 08 minutes 23 seconds West, a distance of 140.00 feet; thence North 89 degrees 12 minutes 43 seconds to a point on said North right-of-way line, a distance of 145.00 feet to the point of beginning, County of Jefferson, State of Colorado CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ-15-06, an application filed by Michael and Maureen Buck for approval of a zone change from R-1 to MU -N located at 10191 W. 38th Avenue will be held in the City Council Chambers, Municipal Building located at 7500 West 291h Avenue, Wheat Ridge, Colorado, on September 17, 2015 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice is available in electronic form on the City's official website, www.ci.wheatrid eg co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, September 3, 2015 h ty of W eat l:Udge PUBLIC WORKS Memorandum TO: Lisa Ritchie. Planner 11 FROM: Dave Brossman, Development Review Engineer DATE: August 18. 2015 SUBJECT: WZ-15-06/ Buck, 10191 W. 38t11 Avenue Re -Zone 1 have completed my review for the request to rezone the property at 10191 W. 38`h Avenue from R -I to Mixed Use Neighborhood (MU -N) received on August 17, 2015, and I have the following comments: It does 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. To Lisa - 10191 W39diAce MU -N Re -Zone I st Re%iew.doca From: KimDahlin To: Lisa Ritchie Subject: RE: WZ-15-06 Referral Date: Tuesday, August 25, 2015 10:26:13 AM Attachments: imaae001.ipa Dear Ms. Ritchie: Regarding Case No. WZ-15-06/Buck, the Westridge Sanitation District has the following comments: We are currently serving a single-family residence on the property. We are unable, at this time, to make the determination if new infrastructure or improvements to the existing infrastructure will be required and if any easements will be need. We will reserve the right to comment on those as more detail is submitted as a part of the site development plan process. Thank you. Kim Dahlin Office Manager Westridge Sanitation District Phone 303-424-9467 / Fax 303-424-2628 kdahlin westridgesan.comcastbiz.net From: Lisa Ritchie[maiIto:Iritchie@ci.wheatridge.co.us] Sent: Monday, August 17, 2015 3:01 PM To: KimDahlin <kdahlin@westridgesan.comcastbiz.net> Subject: WZ-15-06 Referral Kim, The Wheat Ridge Community Development Department has received a request for approval of a zone change from R-1 to MU -N at 10191 W. 38th Avenue (Case No. WZ-15-06). Please download the application documents from the City's FTP site using the following credentials. The file is located in the "Community Development" folder, and the file name is Zone Change — Buck. Access the site at: ftp//ftp ci wheatridoe co us/outbox/ User name: cowrftp Password: cowrftp2012 Path: Community Development --) Zone Change - Buck Comments are due by 8/31/15; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Lisa Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader can be downloaded here: htto //get adobe com/reader/ Lisa Ritchie Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2852 Fax: 303-234-2852 www.ci.wheatridoe.co.us CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. XcelEnergysm PUBLIC SERVICE COMPANY August 27, 2015 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Lisa Ritchie Re: Buck Rezone, Case # WZ-15-06 Right of Way & Permits 1123 West 3i' Avenue Denver, Colorado 80223 Telephone 303.571.3306 Facsimile: 303. 571.3284 donna.) george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Department has reviewed the request for the Buck 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 CCCONSOLIDATED mutual water August 18, 2015 City of Wheat Ridge Community Development Ms. Lisa Ritchie 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: Case Number WZ-15-06 — 10191 West 38" Avenue Dear Ms. Ritchie: This letter will acknowledge receipt of your correspondence dated August 17, 2015, regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company ("Company".) Our records indicate that the property addressed as 10191 West 38th Avenue is currently receiving domestic water from the Company through a 5/8 -inch meter (CMWCo Tap Number 2184/Account Number 01103457-03.) Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. The Company requires that a crew application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a redevelopment, remodel or building addition as a "change of use." The Company's rules, regulations, and requirements further state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 150068 • Lakewood, Colorado 80215 Telephone (303)238-0451 • Fax (303)237-5560 City of Wheat Ridge Community Development Ms. Lisa Ritchie August 18, 2015 Page 2 of 2 Fire protection requirements should be obtained from Wheat Ridge Fire Protection District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. If you should have re garding this correspondence, please contact this office. Sincer I , 1 Andy Ro ers Project Engineer CC' Kelly Brooks, Fire Marshall, Wheat Ridge Fire District Michael E. Queen, CMWCo President Zach Queen, CMWCo Superintendent of Distribution Kim Medina, CMWCo Tap Administrator `, ,1 City of Community Development ]��WheatP,d�. e 7500 West 29th Avenue COMMUNITY DEVELOPMENT ' Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: 8/17/15 Response Due: 8/31/15 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Residential -One (R-1) to Mixed -Use -Neighborhood (MU -N) for a property located at 10191 W. 38th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-15-06/Buck Request: The applicant is requesting the approval of a rezoning from R-1 to MU -N. The property currently contains a single family home constructed in 1900 and is 0.46 acres in size. The applicant is requesting a zone change to MU -N to expand uses for the property in response to the new development in the area of W. 38`h Avenue and Kipling Street. At this time, the applicant has no specific use proposed. The zone change is the first step of the process for redevelopment of the site. Although there is no specific development scenario included with this referral, if approved and prior to construction of any new structures, a site development plan approval will be required. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Lisa Ritchie Phone: 303.235.2852 Email:Iritchie@ci.wheatridge.co.us Fax: 303.235.2857 DISTRIBUTION: Consolidated Mutual Water District Westridge Sanitation District Wheat Ridge Fire District Xcel Energy Century Link Comcast Cable Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Building Division a E o O.0 cfs o c 6 ti n oo S ami p to O O to cCi 40 °� ay0i ed J 40. N V L lCao °irOD ati'S �- W J.c V04 ao c g -00 .. C13 (A on 0 � v � `�' •o � -o 40, .5 �'2 2. orb a� � H .9 ,� o a`i � w E :o •,- SE a ons. x Nb 0.a 3 o �� a> $ $ ° w A � -o � w$°, Ig o E 0' c c° ''' abio. U Q aMi E x7.5 .0 ^ 10--s 1009 bye �E n>o °e �° 9 Om0''�'o F J Z. O w - y y0 C � w v c� ~ cVV y� �� J N� �. O >, a 3 0 ',: y +� cpps >, cd w y ti �° y R: v, a Q v� .. ° x ° `� .N cd O O N ,� O ui 3 r } U N 4„ N 5 E 4 w y a>i '� `� } cr LL C x W9n��\�� $' ��nv�c°o> on 8.O c3a�E ° W c °o' o� ZQO}w F+' v o a� °vim a� q� zw •� •J � o F-2 3 — o G7J ° ami °' o ° 5 3 3 004. O _ (D U ° N N y U {.t°U N A Q 5 a� 3 OLD 0 O y N N U x W F O L H 3 o F F A v F- E o F°- Q y �, 4o F E S F Z F w ° Chicago Title Insurance Company Title No.:1469157 LEGAL DESCRIPTION EXIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Southeast corner of the East one half of the Southeast Quarter of the Southeast Quarter of Section 21, whence the South Quarter corner thereof bears South 89 degrees 12 minutes 43 seconds West, a distance of 1981.61 feet; thence North 00 degrees 08 minutes 23 seconds West along the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section 21, a distance of 30.00 feet to a point on the North right-of-way line of West 38th Avenue, being the point of beginning ;thence continuing North 00 degrees 08 minutes 23 seconds West, a distance of 140.00 feet; thence North 89 degrees 12 minutes 43 seconds to a point on said North right-of-way line, a distance of 145.00 feet to the point of beginning, County of Jefferson, State of Colorado Issued at: DENVER, COIORADO CHICAGO TITLE OF COLORADO, INC ALTA Commitment- 2006 2010011821 02/08/2010 02:31:18 PM PGS 4 $21.00 DF $7.50 Electronically Recorded Jefferson Countyy CO Pam Anderson. Clerk and Recorder TD1000 Y 609458 324855303 (1(� QJP �� SPECIAL WARRANTY DEED THIS DEED, Made on this day ofVMaX.1.82009 between Deutsche Bank National Trust Company, as Trusteei cib]'Pooling and Servicing Agreement dated as of May 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-3 :Mortgage Pass -Through Certificates, Series 2006-3 a national banking association duly organized and existing under and by virtue of the laws of the United States of America Grantor, and FILING STAMP Michael Ruck I I whose legal address is p.(). Box 147160, Frlaswa + eT - �Q 90214 of the 'County of and State of WITNESSETH, That the Grantor, for and inconsideration of the sum of eol 0.00 Grantee(s): Seventy Five Thousand dollars and no/f0Q************** the receipt and sufficiency of which is hereby acknowledged, does grant, bargain, sell, convey and confirm, unto the Grantee(s), bis/her/their heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, to wit: See Attached Exhibit "A" also known as street and number 10191 W 38th Avenue, Wheat Ridge, CO 80033 Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee(s), his/her/their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, his/her/their heirs, successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the Grantor. This conveyance is made and accepted subject to: Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through, and under it, but not further otherwise. The following reservations from and exceptions to this conveyance and the warranty of title herein shall apply. 1. All Easements, rights of way and prescriptive rights whether of record or not, pertaining to any portions(s) of the herein described property (hereinafter, the "Property,,); 2. All valid oil, gas and mineral rights, interests or leases, royalty reservations, mineral interest and transfers of interest of any character, in the oil, gas or minerals of record in any county in which any portion of the Property is located; 3. All restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items of record in any county in which any portion of the Property is located, pertaining to any portion(s) of the Property, but only to the extent that same are still in effect: 4. All presently recorded instruments (other than liens and conveyances by, through or under the Grantor) that affect the Property and any portion(s) thereof; 5. Ad Valorem taxes, fees and assessments, if any, for the current year and all prior and subsequent years, the payment of which Grantee assumes (at the time of transfer of title), and all subsequent assessments for this and all prior years 609458 324855303 l� SPECIAL WARRANTY DEED THIS DEED, Made on this day of C 1 88 _2009 between Deutsche Bank National Trust Company, as rustee d>sl'Pooling and Servicing Agreement dated as of May 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-3 Mortgage Pass -Through Certificates, Series 2006-3 a national banking association duly organized and existing under and by virtue of the laws of the United States of America Grantor, and FILING STAMP Michael 13uck ' whose legal address is p- o- Rox 1 4 71 6 B, F.dg wa f P r r Co 80214 of the *County of and State of c'olorado , Grantee(s): WITNESSETH, That the Grantor, for and inconsideration of the sum of $75,000.00** Seventy Five Thousand dollars and no/100******************Dollars the receipt and sufficiency of which is hereby acknowledged, does grant, bargain, sell, convey and confirm, unto the Grantee(s), his/her/their heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, to wit: See Attached Exhibit "A" also known as street and number 10191 W 38th Avenue, Wheat Ridge, CO 80033 Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee(s), his/her/their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, his/her/their heirs, successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the Grantor. This conveyance is made and accepted subject to: Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and warrants the title against the lawful claims of all persons claiming by, through, and under it, but not further otherwise. The following reservations from and exceptions to this conveyance and the warranty of title herein shall apply. 1. All Easements, rights of way and prescriptive rights whether of record or not, pertaining to any portions(s) of the herein described property (hereinafter, the "Property"); 2. All valid oil, gas and mineral rights, interests or leases, royalty reservations, mineral interest and transfers of interest of any character, in the oil, gas or minerals of record in any county in which any portion of the Property is located; 3. All restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items of record in any county in which any portion of the Property is located, pertaining to any portion(s) of the Property, but only to the extent that same are still in effect: 4. All presently recorded instruments (other than liens and conveyances by, through or under the Grantor) that affect the Property and any portion(s) thereof, 5. Ad Valorem taxes, fees and assessments, if any, for the current year and all prior and subsequent years, the payment of which Grantee assumes (at the time of transfer of title), and all subsequent assessments for this and all prior years due to change(s) in land usage (including, but not limited to, the presence or absence of improvements, if any, on the Property), ownership, or both, the payment of which Grantee assumes; and 6. Any conditions that would be revealed by a physical inspection and survey of the Property. IN WITNESS WHEREOF, The Grantor has caused its corporate n t be hereunto subscribed by�$siStant SBCretand its corporate seal to be hereunder affixed, attested by its Vice P r e s i S i the day and year first above written. (Corporate Seal) Attest By: Printed Namei J6nita Jennette State of ce President County of Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of May 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-3 Mortgage Pass -Through Certificates, Series 2006-3 By Barclays Capital Real Estate Inc., A Delaware Corporation, d/b/a HomEq Servicing attomeyin-fact By: Printed Name: J0 N e Is o n Title: ASsIstant Secretary The foregoing instrument was acknowledged before me this day of by of By Barclays Capital Real Estate Inc., A Delaware Corporation, d/b/a HomEq Servicing attomey-in-fact for Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of May 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-3 Mortgage Pass -Through Certificates, Series 2006-3. Witness my hand and official seal. Notary Public My notarial commission expires: *If in Denver, insert "City and ". (Seal) Wine and Address of Penin (rearm` Newly Crealed Legal Deacnptim (; 38-35-106.3,CR.S.) State of California County of Sacramento On December 18, 2009, before me, Eric S. Wood, Notary Public, personally appeared Joyce Nelson, who acknowledged herself/himself to be the Assistant Secretary of Barclays Capital Real Estate Inc., A Delaware Corporation, DBA HomEq Servicing, Attorney In Fact for DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee under POOLING AND SERVICING AGREEMENT Dated as of May 1, 2006 MORGAN STANLEY HOME EQUITY LOAN TRUST 2006-3 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2006-3, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o ial seal. ERiC 5. YJQOfJ �, ���� comm. #1837050 > No ry Signature Eric ood a � � ,. ; NOWY ausuc tatiFuRw n. ` W "%SACRAMEENTO CO.� °'o`� FYp. Fhb 1_6,.2 013 FRS File No.: 609458 Customer File No.: 324855303 Dean A Harrison EXHIBIT A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON. STATE OF COLORADO. AND IS DESCRIBED AS FOLLOWS: A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 21. Township 3 South. Range 69 West of the Sixth Principal Meridian, County of Jefferson. State of Colorado, being more particularly described as follows: Commencing at the Southeast comer of the East one half of the Southeast Quarter of the Southeast Quarter of Section 21. whence the South Quarter comer thereof bears South 89 degrees 12 minutes43 seconds West a distance of 1981.61 feet: thence North 00 degrees 08 minutes 23 seconds West along the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section 21, a distance of 30.00 feet to a point on the North right-of-way line of West 38th Avenue, being the point of beginning: thence continuing North 00 degrees 08 minutes 23 seconds West, a distance of 140.00 feet: thence North 89 degrees 12 minutes 43 seconds East, a distance of 145.00 feet: thence South 00 degrees 08 minutes 23 seconds East, a distance of 140.00 feet to a point on said North right-of-way line of West 38th Avenue: thence South 89 degrees 12 minutes 43 seconds West. along the said North right-of-way line. a distance of 145.00 feet to the point of beginning, County of Jefferson. State of Colorado REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39-13-102(5)(c),C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers. 10191 West 38th Avenue Wheat Ride CO 80033 2. Type of property purchased: ingle Family Residential ❑ Townhome ❑ Condominium ❑ Multi -Unit Res ❑ Commercial ❑ Industrial ❑ Agricultural ❑ Mixed Use ❑ Vacant Land ❑ Other 3. Date of closing: February 5 2010 ------------ Month Day Year Date of contract if different than date of closing: Month Day Year 4. Total sale price: Including all real and personal property. $ 75,000.00 (9Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. ❑ Yes J1 No If yes, approximate value $_ ,-\I 1_ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx2es ate lue of the goods or services as of the date of closing. ❑ Yes If yes, value $ If yes, this transaction involve a trade under IRS Code Section 1031? 7. Was 00% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. Yes ❑ No If no, interest purchased 8. Is this a transacti n among related parties? Indicate whether the buyer or seller are related. Related parties include pers within the same family, business affiliates, or affiliated corporations. ❑ Yes No O File No.: 1469157 9. Check any of the following'that apply to the condition of the finprovements at the time of purchase. ❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair EJ Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. 11. Type of financing: (Check all that apply) ❑ New ❑ Assumed ❑ Seller O Third Party O Combination; Explain 12 Terms: ❑ Variable; Starting interest ❑ Fixed; Interest rate ❑ Length of time ❑ Balloon payment If yes, amount Due date 13. Please explain any specia terms, seller concessions, or financing and any other information that would help the assessor understand the erms of sale. For properties other th residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please mplete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purcha price include a franchise'or license fee? 13 Yes ❑ No If yes, franch' a or license fee value $ 15. Did the pur a price involve an installment land contract? ❑ Yes ❑ No If yes, da of contract 16. If this �s a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing O Yes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this `�f da of1700 y , 20010Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an addenda da f plAll 't�n� number. Please designate buyer or seller. Grantee (Buyer) ❑ 18. All Address (mailing) City, State and Zip Code O File No.: 1469157 C� or Urantor (Seller) (tax bills, property valuations, etc.) regarding this property should be mailed to: Daytime Phone Jul 10 09 I0:27a heidi Legal Description Provided by Customer 303-972-8001 p.2 N 89'12'43F mc; Orr COLUMBINE SURVEYING, INC. 7573 South Ames Way Littleton, CO 80128 NOITfi 303-972-8000 fax 303-972-8001 www.columbinesurveying.com IMPROVEMENT LOCATION CERTIFICATE I" I hereby mrtlly that thio irnproroment bcatio r certilrcala "S prepared for scale CHICAGO TITLE dut It am a land lunnry plata enprov t sun.ry W aL and Inn It Ie not to be M,W ,4,o nu d+e nratwenmenl d hope. t;Cd:rq, a/ oNat (Ulwe P_e M ono. 7lurew tdtiry a.w IM brprovernenb on dm above deocnoed Pareel, eaeepl tachy porobwjons, are *ntw" %*n the boundanee Of ea paraN eaept u iheWlt, that l we am no enCrOadtmanb upon tho desodbed prearlaea by ynprV WMW s M aryl, bp -.n9 Premuas, eaaaPt as Indtpbd, and that Me,a aPParent aY-0MCa of ypn of ny aasemMt ffQU V or "noonlnq any par} PI -IdParul. N pl robld. to no Nofw Acmdwp b Qw t bw Y. mit xrerrlrYe fi bpa -a- bled upon rr/ NOTE: N aced and e eam F w +^t boecn aaMute pvae /avl +rr � �a anY. are to sled by Informal twwlaec aj u ann. e 4 erry c4en bsed'vpen eeYn la Mt e cerfeuk be ---d moot Aon M Yeoro loch ie dab of de n,tk b Mown Nerem Q, Buyer - Address: 10191 WEST 38TH AVENUE Title Co; Order : 30790019 Michael A. CSks.8.iffli Profess) grid Surveyor k -losing ueect Package CERTIFICATE AS TO DEBTS AND LIENS State ofC91(fnrni acramento County of { } KNOWN ALL MEN BY THESE PRESENTS: Page 3 of 8 The undersigned Joyce Nelson HomEq Servicing hereby certifies that to the best of my knowledge and belief CapitalCapital Real Estate Inc, dba 1) Barclays Capital Real Estate Inc, dba HomEq Servicing is the owner or represents the owner of the property ("the Property") described as follows: 2) The Owner/Seller has incurred no debts for improvements, repairs or replacements to or for the Property or any portion thereof, which have not been paid or that will not be paid for in full at closing; 3) The Owner/Seller has done no act which would give rise to a lien (which Barclays Capital Real Estate Inc, dba HomEq Servicing has not paid in full) against the Property: 4) There are (or will be as of closing) no unpaid bills either for labor performed upon or for materials delivered to the Property by or on behalf of the Owner/Seller nor are there contracts in existence relating to such performance of such work or delivery of such materials. The undersigned acknowledges that this Certificate is being made and delivered to as an inducement to them to issue their Owners Policy of Title Insurance to , DATED: DEC 18 2009 Barclays Capital Real Estate I BY Boyce Nelso of California } y of Sacramento ) ss. HomEq Servicing ry mil Notary Public, -' — .111Iwho proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exofecuted the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fitness mhand and official seal. f ERIC .WOOD Eric S. Wood COIAM. #� 1837050 , NOTARY PUBL"-CALIFORNIAy �ACRA?riENTO CO.� �oIN CXP. FPk 16, 2013 http://cfprod.homeq. iocallreo_mxlindex,cfm?fa=letters.close_package&numFormatFlag=... 12/18/2009 dosing Ueeci Package ADDENDUM TO SETTLEMENT STATEMENT DATED: 12/18/2009 FILE NUMBER: 324855303 SELLER: Barclays Capital Real Estate Inc dba HomEq Servicing ,PROPERTY: 10191 W 38TH AVE WHEAT RIDGE CO 80033 Page 4 of 8 WE THE UNDERSIGNED DO HEREBY ACKNOWLEDGE that since the exact figures for 2009 taxes are unknown at this time, we understand that the tax prorations on the attached settlement statement are based on estimates or the prior year's taxes. In the event that taxes were paid for the Preceding year on an unimproved basis, the prorations are based on estimates for the current year. In the event that taxes for the preceding year were paid on an improved basis and exact current tax amounts are unavailable, prorations are based on amounts for the preceding year. It is understood that there WILL BE NO ADJUSTMENTS made between seller and purchaser after closing. We further agree that prorations as reflected on the attached settlement statement are acceptable, and by signature hereon each party agrees to hold one another, and harmless from any tax adjustments in the future. ACCEPTED THIS THE day of 2009. PURCHASER STATE OF COUNTY OF PURCHASER This instrument was acknowledged before me on the day of , 2009, by BY: NOTARY PUBLIC, STATE OF Barclays Capital Real Estate Inc, dba HomEq Servicing Assistant S State of California �� U lCounty or Sacramento ) ss. I before me, tC . ; Q WA n Notary Public, W11 ILi wno proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify undef PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fitness my hand and official seal. Eric S. Wood a ERIC S. WraOD q COMM. # 1837050 > �" ��. � wetanr puat,ICCa:lFna�ia q SACRAMWO Co.- ��ttko"h;s E X P. r: ti 1 S, 2 013 http://cfprod.homeq.local/reo_mx/index.cfm?fa=letters.close_package&numFormatFlag=... 12/18/2009 CHICAGO TITLE OF COLORADO, INC. File Number: 1469157 STATEMENT OF SETTLEMENT FOR BUYERS PROPERTY ADDRESS: 10191 West 38th Avenue, Wheat Ridge, CO 80033 BUYER(S): Michael Buck SELLER(S): Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of May 1, 2006 Morgan Stanley Home Equity Loan Trust 2006-3 Mortgage Pass Through Certificates, Series 2006-3 SETTLEMENT DATE: February5, 2010 DISBURSED: February5, 2010 PRORATION DATE: February5, 2010 LEGAL DESCRIPTION: DEBIT TOTALS - - -VVU1 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED BROKER: McClure and Associates- Metro Brokers By: Robby C. McClure ESCROW AGENT: By: Chicago Title of Color Inc. BUYER(S): Michael Buck 38`h Zoning Changes The purpose and intention of changing the current zoning of the property at 10191 W. 38`h Avenue is to fully utilize the use of the land in accordance with the current changes in the community. The parcel is located adjacent to the new development at the intersection of 38`h Avenue and Kipling Street. This alters and influences the use of the parcel for more diverse and possible commercial uses. The new zoning change to MU -N will benefit the surrounding area with expanded opportunities for growth and development in an underused area. There is easy access and there will be no significant impact to traffic in the area. The parcel already includes access to all major utilities. There will be no additional effects to the community as all public utilities and services are already being used in the area. Any future development of the parcel would be in accordance with existing community policies. The initial community meeting addressing the request for zoning change was held and there were no conflicting interests discovered. � I le r City Of Wheat i �N�e�MMUNITY DEVLOPMET City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, (Print name) as (Position/Job Title) of/with (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(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. Check here if there are no mineral estate owners of any portion of the subjectro ert . P P Y 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 -�� day of A14' 'u Si , 20 By: 'j ` City of �-� WheatP* g MMUNITY DEVELOPMENT Memorandum TO: Potential Land Use Applicants FROM: Ken Johnstone, Community Development Director DATE: October 16, 2012 SUBJECT: Notification of Surface Development (C.R.S. §31-23-215 and §24-65.5) In 2001, the Colorado Revised Statutes were amended to include an Article which addresses mineral rights in respect to land use applications. This Article states that any application for development must be accompanied by a completed notification to mineral estate owners. For the purposes of this requirement, an application for development includes any application which requires non -administrative approval from Planning Commission or City Council, including: A Final Subdivision Plat A Rezoning (including Planned Developments) A Special Use Permit (if City Council approval is required) Building Permit applications are not considered an application for development, therefore mineral estate owners do not need to be noticed. A Certificate of Notice is attached, and must be completed and returned to the Community Development Department no later than ten (10) days prior to each public hearing. Both Planning Commission and City Council hearings must be noticed. It is the responsibility of the applicant, not the City, to notify any mineral estate owners prior to public hearing. Failure to notice will constitute sufficient grounds to reschedule the public hearing. If there are no mineral estate owners, the appropriate box on the certification can be checked and the certification can be submitted with the development application. City of "�9W heat Iidge LAND USE CASE PROCESSING APPLI CATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Address b-'26). �f UyG" y`/� Phone e�� 7 City 414-1 IPT State Zi ��Fax Owner_/%I / CN%�FZ- f�' U °c k Address eAlS 7o2v- 9 __ 3�-oS76 City 6Q,47-,4-;,yState U &d 4,91,70 Zip &-6jPhone 3 7 Fax Contact /%/�U���✓,�Ul�1� Address Phone 9 `/ -73 - City State ZiPd/ 3 " Fax ! __ (The person listed as contact will be contacted to answer questions regarding this application. provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address):_Ul e?l (V6 p�&_ e'�q F6033 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 HIM not be accepted. Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section O Planned Building Group O Right of Way Vacation 0 Other: ) Detailed description of request"" KFQ(,I(5 ./7/ '2; Z CNV -A!5c � / I IV Required information: Assessors Parcel Nu be r: 9 �/ f�-,60 6)j-0 Size of Lot (acres or square footage): Current Zoning: P- / Proposed Zoning: % Current Use: f--Y�Oc�Ti 7V,4C_ Proposed Use: / certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above. without whose consent the requested action cannot lane fully be accomplished. Applicants other Than owners must submit power-of-attorney from the ow>e "rich approved of this action on his behalf. Notarized Signature of Applicant r:! State of Col rado County of, } ss MELISSA MACKEY The foregoing instrument (Land Use Processing_ Application) was acknowledged NOTARY PUBLIC A7ynhis dayof ' U . , 201 by E(I U STATE OF COLORADONOTARY ID 20134042377MY COMMISSION EXPIRES JULY 9, 2017 u tic My commission expires 6 1-/ p '/ /2qt To be filled out by staff: Date received Comp Plan Design. Ne. Related Case No. Fee S 'U _ Receipt No.� Zoning-- Pre -App Mtg. Date Z. Case No. Lw Z , 1,;; — Quarter Section Ma S GZ ( _ Case Manager 4,�,'L 'Lty Citp of Wheat Ridoe 88/12/2015 18:17 CDBA ZONING APPLICATION FEES CDA01171-:1 F6D ZONING APPLICATIoH FE6 AHOUNI 6j5.80 FMSD ZONING REIMBURSEMENT FEL 225.88 PAYMENT RECEIVED AMOUNT 888.86 MC / 3861 AUTN CODE: 01593Z 868.88 TOTAL ♦6 A4 city O1 "� W heat I i! jge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? NEIGHBORHOOD MEETING NOTES July 29, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 10191 W. 38th Avenue (PIN 39-214-00-050) Michael Buck PO Box 445 Watkins, CO 80137-0445 Yes (represented by wife and son) Applicant: Maureen Buck Ph 720-299-7337 Em mbuckten@yahoo.com PO Box 147160 Edgewater, CO 80214 Existing Zoning: Existing Comp. Plan: Austin Buck Ph 720-300-8180 Em austin.buck77avahoo.com PO Box 445 Watkins, CO 80137 Residential -One (R-1) Neighborhood Existing Site Conditions: The property is located along W. 38th Avenue at Lee Street, just west of Kipling Street. The parcel is addressed as 10191 W. 38th Avenue, and is identified as PIN 39-214-00-050. The property is currently zoned Residential -One (R-1). The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38th Avenue consists of residential zones to the west and north and east. A single property immediately to the subject property's east is a property zoned PCD and operating as a dental www.d.wheatridge.co.us office. C-1 zoning is prominent along W. 38`h Avenue at the intersection with Kipling Street, and west along the south side W. 38`h Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development. Based on Jefferson County records, the subject property is 20,299 square feet (0.47 acres). The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately the 5 feet of the northwestern most corner encumbered by the 100 -yr floodplain and floodway. One driveway of roughly 20 feet in width is used for access off of W. 38`h Avenue. The residence is currently occupied as a rental. Applicant/Owner Preliminary Proposal: The applicant is proposing a zone change to Mixed Use -Neighborhood (MU -N) to provide flexibility in marketing the site and to complement other commercial and multi -family projects currently being developed in the area. No end use or specific project is envisioned at this time. Attendance from the neighborhood: Six people from the neighborhood were in attendance. See attached sign-up sheet. The following is a summary of the neighborhood meeting: • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change. • The attendees were informed of the process for a zone change. • The attendees were informed of his opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request: What is the difference between the R-1 zoning and Mixed -Use Neighborhood? • The R-1 zone district allows only single family residences with permitted accessory uses such as in-home businesses and the keeping of household pets. The MU -N zoning would allow residential uses (single family, townhouses, apartments) in addition to a variety of commercial uses. Does the applicant need to know more specifically what the future use is before applying for a zone change to mixed use? • No, an applicant may request a rezoning to any mixed use zone district without providing development plans. The mixed use code was designed with strict standards in terms of design.. Any development would have to be consistent with mixed use standards if and when the property redevelops. What is the maximum height for buildings in the MU -N zone district? • A structure which has residential uses would be limited to 35' in height. All other buildings have a 50' height maximum. Are marijuana facilities allowed in MU -N? 0 No. Discussion occurred regarding the property to the west which is also zoned R-1 and has a nonconforming duplex on it. The parcel is addressed as 10221 W. 38`h Avenue. The property owner was present and indicated that it is for sale and that he was also potentially interested in a zone change. No written correspondence was received regarding the neighborhood meeting notice. � Q Lid � O w � O cr� N O O � 00 M � 00 � Z � � _Z v a- N W U) w Q - a_ ' � v v rl O N Cy") LCA Cfl CD f� 06 CY) r- T- T- r- T- M O N Cy") LCA Cfl CD f� 06 CY) r- T- T- r- T- Zone Change Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting Step 3: Submit Complete Application_ J Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes No j 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 Wh6at j�gc d �MUNITY DEVELOPMENT 10191 W. 38th Avenue City of �Wheat Edge MUNITy DEVELOPMENT Zone Change Criteria For a zone change request, the Planning Commission and City Council base their decision on the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 3. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city -approved policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height. There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. What is a zone change? A zone change is the process of changing the current zone district to a different zone district. A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., residential vs. commercial). All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district. Why is a neighborhood meeting required? A neighborhood meeting is required for all zone change requests. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All residents within 600 feet are notified of the meeting. How do I give my opinion on a zone change? All public hearings for proposed zone changes are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any written correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence should be routed through planning staff. Can I contact my council representative? Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony presented at public hearings. Please do not contact the Mayor, Planning Commissioners, or City Council representatives to discuss the merits of the case prior to the public hearings; it could jeopardize their ability to hear the case. What is a legal protest? A legal protest is a formal, written protest which can be submitted by adjacent property owners within 100' of a subject property. If 20% of property owners on one side within a 100' radius file a legal protest, it requires a three-fourths vote of City Council (6 out of 8 members present) to approve a zone change instead of a simple majority (5 out of 8 members present). A legal protest is usually filed after the Planning Commission public hearing. Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us Michael and Maureen Buck 10191 West 38`h Ave. Wheat Ridge, Co 80033 NOTICE OF NEIGHBORHOOD INPUT MEETING Michael and Maureen Buck are proposing a rezoning on the property located at 10191 W. 38'h Ave. Wheat Ridge CO 80033. A neighborhood meeting will be held on jDate/Timel at [Locationl. The purpose of the request is to allow for a Mixed Use Neighborhood (MU -N) zoning designation. No end use or specific project has been determined at this time. The City of Wheat Ridge has adopted a requirement that prior to any application for "the rezoning of property" an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the administrative process by the Community Development Director and/or the public hearing in front of City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you submit written comments during the public notice period and/or attend the public hearing. The neighborhood meeting is an informal setting that provides an opportunity for you to understand the scope of the proposed project and the process for review. You will have the opportunity to speak with the applicant and city staff and to ask any question that you may have related to the project. If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 291h Avenue Wheat Ridge, Colorado 80033 1 /... � i � � �I_ � ,� ., L [, � • ��2�1 � Property appraisal system I Property .. ... J Information GENERAL INFORMATION Schedule: 208084 Parcel ID: 39-214-00-050 Status: Active Property Type: Residential Property Address: 10191 W 38TH AVE WHEAT RIDGE CO 80033 Mailing Address: PO BOX 445 WATKINS CO 80137 0445 Neighborhood: 2403 - APPLEWOOD VILLAGES, PROSPECT VALLEY AREAS PROPERTY DESCRIPTION Subdivision Name: - Print Help Owner Name(s) BUCK MICHAEL Block tA!�J Section Township Range Quarter5ection Land Sqft 21 3 69 SE 20299 Total 20299 Assessor Parcel Maps Associated with Schedule m 39-214. df PROPERTYINVENTORY Property Type RESID Year Built: 1900 Design: 1 1/2 Story Improvement Number: 1 v Item Quality No. FULL BATH Fair 1 3FIX-3/4 BATH Fair 1 MAIN BEDROOM 3 Adjustment Code Adjustment Sq Ft HOT WTR HEAT 11743 SALE HISTORY Sale Date 11-05-2003 02-06-2009 12-18-2009 TAX INFORMATION Graphic Parcel Mao MapQuest Location Adjusted Year Built: 1900 Areas Quality Construction Sqft FIRST FLOOR Fair F 1026 1/2 STORY TOT Fair F 717 1/2 STORY FIN Fair 717 COVERED PORCH Fair 213 DETACH GARAGE Fair F 462 BSMT TOTAL Fair 1 1 368 Land Characteristics Total 223,910 Traffic Collector Street Amount Deed Type 259,000 Warranty Deed 0 Public Trustee's Deed 75,000 Special Warrantv Deed 2015 Payable 2016 2015 2015 Mill Levy Information Actual Value Total 287,130 County Assessed Value otal 22,855 2014 Payable 2015 TBA REGIONAL TRANSPORTATION DIST Actual Value Total 223,910 URBAN DRAINAGE&FLOOD C SO PLAT Assessed Value Total 17,824 Treasurer Information View Mill Levy Detail For Year 2015 2015 Mill Levy Information Tax District 3141 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO PLAT TBA WHEATRIDGE FIRE DIST TBA WESTRIDGE SAN DIST TBA Total TBA Page] of 2 http://jeffco.us/ats/displaygeneral.do?sch=208084 7/2/2015 m V-r^-� v4-- - i v r 11 w, 5 dY r h ( Ce U 0- /t 4- 0(,t " SECOND CONVENIENCE STORES PROPERTIES CORP P O BOX 406 TOPSFIELD, MA 01983 LARJU LLC P O BOX 19211 DENVER, CO 80219 MOORE, LINDA 00724 WALNUT ST CLAYTON DGE, NM 88415 JEFFERSON COUNTY SCHOOL DIST R 1 01829 DENVER WEST DR GOLDEN, CO 80401 MILLENNIUM VENTURE GROUP INC 02240 BLAKE ST 200 DENVER, CO 80205 BERKOWITZ, MARK P. 03695 LEE ST WHEAT RIDGE, CO 80033 PRADO, GARY 03720 MILLER ST WHEAT RIDGE, CO 80033 MCLAUGHLIN FAMILY TRUST 03730 LEWIS ST WHEAT RIDGE, CO 80033 BERQUIST TRUST 03805 LEE CIR WHEAT RIDGE, CO 80033 BUCK, MICHAEL PO BOX 445 WATKINS, CO 80137 CIRCLE K STORES INC % PROPERTY TAX DEPT DC 17 PO BOX 52085 PHOENIX, AZ 85072 CASTLE LION 440 E 13TH LLC 01251 PENNSYLVANIA ST 2 DENVER, CO 80203 GYPSY REAL ESTATE LLC NEKOUIE HASSAN SAM 02215 CHERRY HILLS FARM DR CHERRY HILLS VILLAGE, CO 80113 INSPIRATIONS LLC 02655 W 39TH AVE DENVER, CO 80211 YATES, ROBERT BRIAN YATES, JENNIFER R. 03700 MILLER ST WHEAT RIDGE, CO 80033 LEAN, WILLIAM ALAN ANTHONY LEAN, CRYSTAL JEAN 03721 MILLER ST WHEAT RIDGE, CO 80033 GERSTNER, PAULA 03755 LEE ST WHEAT RIDGE, CO 80033 HOOPER, SCOT D. 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MOMBELLI, WANDA PAUL F KUNZ & MARY CAROL MOYER, MARGARET E. 03831 MILLER ST KUNZ REV LVG TR 03825 LEE CIR WHEAT RIDGE, CO 80033 03832 LEE CIR WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 LEML, GEORGE THOMAS, BETTY J. JEMACO LLC LEML, AMALIE 03849 LEE CIR 03850 KIPLING ST 03842 LEE CIR WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 HOFFMAN, BETTY M. LOUIS D STURM FAMILY TRUST LOTITO, PATRICIA M. HOFFMAN, RODNEY B. EILEEN M STURM TRUST LOTITO, LAWRENCE E. 03852 LEE CIR 03861 MILLER ST 03862 LEE CIR WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 MCDONALD, LINDA M. MARILYN J BERG TRUST WILLIAMS, CASEY L. BENSON, RONALD L. 03882 LEE CIR WILLIAMS, BARBARA R. 03875 LEE CIR WHEAT RIDGE, CO 80033 03885 MILLER ST WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 AMSTUTZ, MAHLON D. LOWE, JOHN W. TOSCANO DOLORES 03892 LEE CIR LOWE, CAROL 03899 LEE CIR WHEAT RIDGE, CO 80033 03895 MILLER ST WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 SARAH D TAYLOR NYSTROM, RUTH M. 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CRILLY, RON GRANT, BECKY J. 03949 LEE CIR CRILLY, ROSE 03948 LEE CIR WHEAT RIDGE, CO 80033 03956 LEE CIR WHEAT RIDGE, CO 80033 WHEAT RIDGE, CO 80033 BETHRAY, JANET L. 03959 LEE CIR WHEAT RIDGE, CO 80033 MANSEAU, GINNY 04812 FLOWER CT ARVADA, CO 80002 WHEAT RIDGE REC CENTER FINANCE AUTHORITY 07500 W 29TH AVE WHEAT RIDGE, CO 80215 CURLEY, DOUGLAS A. 09759 YUKON CT BROOMFIELD, CO 80021 TERRIE J WEBB LIVING TRUST BROWNLEE, ROBERT D. BROWNLEE, JUDITH D. 13551 W 61 ST LN ARVADA, CO 80004 BELL, DAVID W. 17206 W 17TH PL GOLDEN, CO 80401 GANGLOFF, CHARLES F. GANGLOFF, JUDITH C. 03964 LEE CIR WHEAT RIDGE, CO 80033 MATISCIK, RICHARD MATISCIK, DENISE S. 06248 HOLMAN CT ARVADA, CO 80004 ZIRKEL PROPERTIES LLC 07552 MOUNT ZIRKEL LITTLETON, CO 80127 MR LAND LLC 10135 W 38TH AVE WHEAT RIDGE, CO 80033 DENNING, FRANKLIN D DENNING, LISA M. 14700 W 82ND AVE ARVADA, CO 80005 JOHN RICHARD HARPER REVOCABLE TRUST THE 03969 LEE CIR WHEAT RIDGE, CO 80033 CITY OF WHEAT RIDGE 07500 W 29TH AVE LAKEWOOD, CO 80215 CAMBRIDGE PARK HOMEOWNERS ASSOC INC % ACM/LAKEWOOD REALTY 09250 W 5TH AVE LAKEWOOD, CO 80226 SOMMERS, ELLEN J. 10206 S WOODROSE CT LITTLETON, CO 80129 JR WHEELER, JACK WHEELER, LESLIE 17006 W 61 ST PL GOLDEN, CO 80403 VIRGINIA L. BYERS SUPPLEMENTAL CARE TRUST % GERALD W BYERS TRUSTEE 21110 ELK MEADOWS CIR ELBERT, CO 80106, 3 LARJU LLC P O BOX 19211 DENVER, CO 80219 NEELY ORVILLE L NEELY A WAYNE % DEAN A HARRISON PO BOX 1838 ARVA A, O 80001 COBAL N LEE STREET LLC PO BOX 45154 ARVAD O 80006 MOORE LINDA 00724 WALNUT ST CLAYTON DGE, NM 88415 CASTE LI 440 E 13TH LLC 01251 PE SYLVANIA ST 2 DENVER, 80203 GYPSY REAL ESTATE LLC NEKOUIE HASSAN SAM 02215 CHERRY HILLS FARM DR CHERRY HILLS VILLAGE, CO 80113 MVG MSEAT RIDGE LLC 02240 BLXE ST 200 DENVER, 80205 INSPIRATIONS LLC 02655 W 39TH AVE DENVER, CO 80211 BUCK MICHAEL PO BOX 445 WATKINS, CO 80137 CIRCLE K STORES INC % PROPERTY TAX DEPT DC 17 PO BOX 52085 PHOENIX, AZ 85072 COBALT ON LEE STREET LLC PO BOX 745154 ARVADA, CO 80006 CIRCLE S ORES INC PROPE Y TAX DEPT DC 17 PO BOX 5 5 PHOENIX A 85072 CASTN 440 E 13TH LLC 01251 P SYLVANIA ST 2 DENVE , O 80203 FLEMING WILLIAM S FLEMING NANCY L 01765 SWADLEY ST LAKEWOOD, CO 80215 GYPS ESTATE LLC NEKOU SSAN SAM 02215 C RRY HILLS 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LEE CIR WHEAT RIDGE, CO 80033 CURRENSIDENT/TENANT 03948 LE CIR WHEAT GE, CO 80033 CURRENT SIDENT/TENANT 03959 LEE YD WHEAT , CO 80033 CURRENT RESIDENT/TENANT 03890 KIPLING ST WHEAT RIDGE, CO 80033 CURRKRGE, ESIDENT/TENANT 03892 IR WHEA CO 80033 CURRENT RESIDENT/TENANT 03900 KIPLING ST WHEAT RIDGE, CO 80033 CURRE T ESIDENT/TENANT 03905 M LER ST WHEAT I GE, CO 80033 CURRET ESIDENT/TENANT 03910 M LER ST WHEAT MK GE, CO 80033 CURREN SIDENT/TENANT 03919 LE CIR WHEAT I E, CO 80033 CURREN 4EI,CO DENT/TENANT 03930 MILST WHEAT 80033 CURRENTE ENT/TENANT 03940 MIL ST WHEAT R , CO 80033 CURRE ESIDENT/TENANT 03949 L CIR WHEAT GE, CO 80033 CURR RESIDENT/TENANT 03964 E CIR WHEA IDGE, CO 80033 CURRE T ESIDENT/TENANT 03969 L CIR WHEA .R GE, CO 80033 CURRE T SIDENT/TENANT 04005 KI ING ST WHEAT GE, CO 80033 CURRE T ESIDENT/TENANT 04005 LING ST W H E DGE, CO 80033 CURREN ESIDENT/TENANT 04005 KIP ING ST WHEAT AIPGE, CO 80033 ENT/TENANT 04005 KIP)(NG ST WHEAT RPPE, CO 80033 CURREN R IDENT/TENANT 04005 KIP GST WHEAT GE, CO 80033 CURRENT RESIDENT/TENANT 09999 W 38TH AVE WHEAT RIDGE, CO 80033 CURR NT ESIDENT/TENANT 10135 TH AVE WHEA IDGE, CO 80033 CURR RESIDENT/TENANT 10200 8TH AVE WHE R GE, CO 80033 CURRENT RESIDENT/TENANT 10390 W 38TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 04005 KIPLING ST WHEAT RIDGE, CO 80033 CURRE ESIDENT/TENANT 04005 KI ING ST WHEA I GE, CO 80033 CUR RESIDENT/TENANT 04005 IPLING ST WH IDGE, CO 80033 CURRENTIDENT/TENANT 04005 KIPL G ST WHEAT RI , CO 80033 t CURRENT R f IDENT/TENANT 04005 KIPL G ST WHEAT RI G , CO 80033 CURRENT E IDENT/TENANT 04005 KIPL G ST WHEAT RI , CO 80033 CURRENT RESIDENT/TENANT 10040 W 38TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 10191 W 38TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 10221 W 38TH AVE WHEAT RIDGE, CO 80033 CURREX3H SIDENT/TENANT 10390 W AVE WHEATE, CO 80033 CURREkRIGE, SIDENT/TENANT 04005 G ST WHEA CO 80033 CURRE SIDENT/TENANT 04005 KI G ST WHEAT I E, CO 80033 CURRXKG SIDENT/TENANT 04005 ST WHEAE, CO 80033 CURRENT E ENT/TENANT 04005 KIPL ST WHEAT RI , CO 80033 CURRENT SIDENT/TENANT 04005 KIP G ST WHEAT RI E, CO 80033 CURRENTSIDENT/TENANT 04005 KIPGST WHEAT R", CO 80033 CURRENT RESIDENT/TENANT 10100 W 38TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 10200 W 38TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 10350 W 38TH AVE WHEAT RIDGE, CO 80033 CURRENT RESIDENT/TENANT 10901 W 38TH AVE WHEAT RIDGE, CO 80033 4 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/T NANT CURRENT RE ENT/TENANT CURRENT RESIDENT/TENANT CURRENT Y IDENT/TENANT CURRENT RESIDENT/ NANT CURRENT RESIDENT/TEN/TCURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TEN RESIDENT/TENANT J/ 4 �1 CURRENT RESIDENT/TENANT CURR T RESID T/TENANT CURRENT RESIDENT/TENANT .L CURRENT RESIDENT/TENANT CURRE RES ENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT URRENT RESIDENT/TE ANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDE T/TENANT CURRENT RESIDENT/TENANT CURR NT RESIDENT/TENANT CURRENT ESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 5 r i r ED di I*�A41 City of "r heat i e COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: Applicant/Attendees: Attending Staff: Specific Site Location: Existing Zoning: Existing Comp. Plan: July 2, 2015 Maureen Buck Ph 720-299-7337 Em mbuckten@yahoo.com PO Box 147160 Edgewater, CO 80214 Austin Buck Ph 720-300-8180 Em austin.buck77(a�yahoo.com PO Box 445 Watkins, CO 80137 Meredith Reckert, Senior Planner Lauren Mikulak, Senior Planner Lisa Ritchie, Planner 11 10191 W. 38`h Avenue (PIN 39-214-00-050) Residential -One (R-1) Neighborhood Existing Site Conditions: The property is located along W. 38`h Avenue at Lee Street, just west of Kipling Street. The parcel is addressed as 10191 W. 38`h Avenue, and is identified as PIN 39-214-00-050. The property is currently zoned Residential -One (R-1). The surrounding properties include a variety of land uses and zoning designations. Zoning along the north side of W. 38`h Avenue consists of residential zones to the west and north and east. A single property immediately to the subject property's east is a property zoned PCD and operating as a dental office. C -I zoning is prominent along W. 38`h Avenue at the intersection with Kipling Street, and west along the south side W. 38`h Avenue. The subject property is also included in the Kipling Corridor Urban Renewal area and across the street from the new Kipling Ridge development. Based on Jefferson County records, the subject property is 20,299 square feet (0.47 acres). The primary structure on the property was originally built in 1900 as a single family home and the property also has a detached garage. Lena Gulch is located north of the property, with approximately the 5 feet of the northwestern most corner encumbered by the 100 -yr floodplain and floodway. One driveway of roughly 20 feet in width is used for access off of W. 38`h Avenue. The residence is currently occupied as a rental. Applicant/Owner Preliminary Proposal: The applicant is proposing a zone change to Mixed Use -Neighborhood (MU -N) to provide flexibility in marketing the site and to complement other commercial and multi -family projects currently being developed in the area. No end use or specific project is envisioned at this time. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required prior to submittal of a zone change application. Planning comments: The following items were discussed based on the applicant's proposed development: Zoning The site is currently zoned Residential -One (R-1) which allows for single-family dwellings. The proposed Mixed Use -Neighborhood (MU -N) zone district is established for locations along neighborhood main streets and at neighborhood commercial centers. The zoning encourages medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood -serving commercial and retail uses. A zone change to Mixed Use -Neighborhood (MU -N) could be appropriate as W. 38`" Avenue near Kipling is currently undergoing a large amount of development activity at the Kipling Ridge site, including the new Sprouts store, a new Starbucks, and the Morningstar Senior Living facility. An appropriately designed site could provide a good transitional use into the low density residential neighborhood. The zone change process includes a neighborhood meeting and two public hearings before Planning Commission and City Council, respectively. The process is further described below. Staff encourages the applicant to confer with the neighboring property to the west at 10221 to determine their interest in a possible joint rezoning application. Site Plan Review If the zone change is approved, the next step for development in a mixed use zone district is a Site Plan Review. After the zone change process is complete and prior to submittal of a site plan application, the applicant and/or his architect will be required to have a pre -application meeting with staff to discuss the site plan and the review process. This process entails administrative review by staff to ensure compliance with the mixed use development standards. No public hearings are required. A separate pre -application meeting would be needed to discuss this process in more detail once a use for the site is proposed. Mixed Use Development Standards 2 The mixed use zone districts have specific design requirements for new development that address building placement, materials, transparency, parking, and open space requirements. If a rezoning is approved, a future site plan would need to address the following development standards: • The building is required to be located close to the street, within 12 feet of the front property line. This is called the build -to area. There is currently about 6 feet of unbuilt right-of-way, so the building may end up being about 15 to 20 feet from the existing edge of pavement. • Building design must be of finished architectural quality with at least one change in color or texture. • Primary building materials include brick, stone, architectural pre -cast concrete, synthetic brick or masonry, hard coat stucco, integral textured colored concrete block, terra-cotta, and architectural metal panels. Use of EIFS may not exceed 25% per building fagade. • Off-street parking is not permitted between the building and the street, but would be well suited on the side or back of the lot. • Drive-throughs are not permitted within 500 feet of another. An existing business operates a drive through at the intersection of W. 38`h Avenue and Kipling Street within 500 feet, therefore a drive-through will not be allowed at the subject property at this time. • For single use development, the open space requirement is 15%; for mixed use development, the open space requirement is reduced to 10%. Of this, 75% must be usable open space, such as courtyards or outdoor dining areas. Stormwater detention areas may be counted toward usable open space if properly designed. • The side setback on the western side of the property will depend upon the height of the building, but could be up to 20 feet because of the adjacent residence. This side of the lot will require a landscape buffer. • The maximum height for a building containing a residential use in the MU -N zone district is 35 feet. All other buildings have a 50 foot height limit. For a comprehensive explanation of the mixed use zone district and its development standards, the applicant or his architect is encouraged to reference the attached Municipal Code, Sections 26-1101 to 1119. As mentioned above, the site plan review is required for any development within the mixed use zone district to ensure consistency with all standards. Building Division comments: The Building Division was not present at the meeting, and has no comments at this time. Public Works comments: The Public Works Department was not present at the meeting, and has no comments at this time. Zone Change Process The zone change process can take three to four months, and the first step in the process began with the pre -application meeting on July 2"d. The second step required by the Community Development Department 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 -foot radius. A sample notification letter will be provided and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting date, time, and location should be coordinated with a staff member. The fee associated with the neighborhood meeting is $100 for staff presence, plus 50 cents for each page of address labels (average is $2-$3). Meetings can be held at City Hall or at a location the applicant desires. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit a formal application for the zone change. An appointment with a planner is required to submit the application. The application must include a written justification of the requested zone change from R-1 to MU -N. This justification should address the following items: • The need for the change of zone; • Present and future effect of the existing zone districts, development, and physical character of the surrounding area; • Access to the site and traffic patterns; • Availability of utilities; • Present and future effect on public facilities and services such as fire, police, water, sanitation, roadways, parks, schools, etc; and • A discussion of the relationship between the proposal and the adopted plans and/or policies of the City. 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 hearing. 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 hearing date for further study and input. Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change requires two readings and must be approved by ordinance by the City Council. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. 4 The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance. Attachments: Zone change application checklist; Neighborhood meeting template Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Senior Planner 303-235-2845 Lisa Ritchie — Planner 11 303-235-2852 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 5 OS 10:27a heidi 303-972-9001 P,2 Legal Description Provided by Customer N 8912'43E 14Fs80' Ptt.I A r l o :OLUMBINE SURVEYING, INC. 7573 south Ames way Utttstan, CO 80128 NOF TH 03-972-8000 fax 303-972-8001 Ww-columbinesurveying.com V IMPROVEMENT LOCATION CERTIFICATE scale Pharepy certify that V3 improvement tocatron cartlfr We was prtpared for CHICAGO TITLE It A Woraernenf Ynp.wmey plat w Itnprovernent stuvey Wal and that It ta net to Oe mr180 Upon for Ih• estabdishrnent of fence. &a itdjnp, of other 1Hturo JftrWa-L - th trot m trtwicro rranb on the above d•aGnbad pww' 2 mpt Wtlry Wmaetlor s, ate amaey wRnm me boundan•s d me pan=t axz"t as own, that stere are no tsKxOatjtRtenb upon the tl[ocdp•d pr•mlaaa ay Ynprovmpaa on arty adpning premises, axcapt as hdkated. and stat there b no parwt! evtdenu o/ yon of nY ••a•meett Cldssirtp a ltlthSenlny arty pyt al said Parcel except noted. H* AGoW ap b Cdw4do tT• roe aaCt Oafellana•aar bps atom bue0 tpoit 0 NOTE: AS platted wid appm m easements et ed h U4 bro Nmanl brXea greiCal• dMb'N•• rttra slier yrs frrt faco.•r•d sura ants. if auy. are located try hformatlon pto+Adod W r • ri H ne evert ttuy •err aefan ttwad vpa+ Aq aeleA U Ns tns+orKna+t tomtlon noted. � i41e be 92TO t CW ens flat W reams km the dab of the otdk* rtettrt hereat. CC yer MichaeiA. [�ssks,fj:bg�Igq�y�. rlraee; 16141 WFAT 3RTFI AVFNI IF Michael Buck PO Box 445 Watkins, CO 80137 Ph: 720-938-0576 PRE APPLICATION CONFERENCE NARRATIVE nmunity Development Department: Zichael Buck and I own the property at 10191 West 38a' Avenue in Wheat Ridge .e site is currently zoned Residential (R-1) and I am proposing a zoning change to -ighborhood (MU -N) with no end use or specific project being determined at this n the recent development in the area in relation to the location of the property I feel Pthe land is Mixed Use. I believe this zone district will allow for the needed :nhance the projects currently being developed adjacent to this parcel. I have provement Location Certificate (ILC) for your review. Please feel free to contact t-0576 or email mbuck1003(a�yahoo.com if you have any question or require any )rmation.