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HomeMy WebLinkAboutWZ-15-08�A�CWheat Rid e COMIMUNiTy DEVELOPMENT City of Wheat Ridge Municipal Building January 14, 2016 Klare Looney 5440 W. 25h Avenue Edgewater, CO 80214 Dear Ms. Looney: 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of December 14, 2015, City Council APPROVAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) for property located at 4340 Harlan Street 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-15-08 (case file) wz 1508.doc www.ci.wheatridge.co.us City Council Minutes December 14, 2015 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 28-2015 — an Ordinance Approving a Zone Change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway) Councilmember Urban introduced Council Bill 28-2015. Page 2 Rezoning is the first step in the process for redevelopment. All further site plan review will be done administratively with no additional public hearing required. Clerk Shaver assigned Ordinance 1589. Mayor Jay opened the public hearing and swore in Meredith Reckert. City Council Minutes December 14, 2015 Page 3 Staff presentation Ms. Reckert entered into the record the comprehensive plan, the zoning ordinance, the case file and packet material and contents of the digital presentation. She testified that all notification and posting requirements have been met. Ms. Reckert explained the reason Mixed Use Zones were created in 2010 was to provide a predictable and streamlined development process. The process involves a neighborhood meeting, Planning Commission hearing, City Council public hearing and administrative review of site plans. Property owners and developers liked Mixed Use because it provides flexibility with land uses, minimal expenditures up front and a predictable schedule. It encourages medium density mixed development and allows for a range of commercial, retail and residential uses. The property in question is 11,000 sf and has most recently been an antique store. The parking lot will be resurfaced but no other changes are planned. The zone change is necessary to allow the owner to locate a satellite day care facility of Lightway at Sloans in Edgewater. Ancillary office and residential uses are anticipated. No one came to the neighborhood meeting and staff has received no notice of concerns. All agencies can serve the property. The Planning Commission had a hearing and recommends approval. Staff recommends approval for the following reasons: • The zone change promotes the health, safety and welfare of the community, with no significant adverse effects. • A zone change to MU -N is supported by the adopted plans. • MU -N is compatible with the surrounding area. • The criteria used to evaluate a zone change supports the request. There was no public comment or discussion/questions from Council. Mayor Jay closed the public hearing. Motion by Councilmember Urban to approve Council Bill 28-2015 — an ordinance approving a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway) on second reading and that it take effect 15 days after final publication for the following reasons - 1 . easons: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 Davis. Councilmember Davis asked about space for a playground. Ms. Reckert testified there is space in the back yard for that and all state requirements for day care would be required. The motion carried 7-0. WZ-15-08 / Lightway 4340 Harlan Street Approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) City Council December 14, 2015 -�, k, Cam OM W IMM 7 t — CAL� PCD t1 MZ col Mcau� L C4, CMD cm Aerial : 4340 Harlan Street cm�e C 10U N�.i. i Lm- h ci� CM LJO MOI ® CV -)R-3 R CMD Current Zoning -�, k, kill? MONT 119, 1 IR Aerial : 4340 Harlan Street Cam OM W IMM 7 t — LM GID t1 col Mcau� L Aerial : 4340 Harlan Street kill? MONT 119, 1 IR Aerial : 4340 Harlan Street 0 4340 Harlan Street Rezone Request Zone Change from Restricted Commercial to Mixed Use -Neighborhood • The applicant intends to operate a satellite day care facility, Lightwoy at Sloons; • office use will be included on the second and third floor; • Residential use will be included at the rear of the property. Comprehensive Plan Excerpt Process Neighborhood Meeting: • Held of June 16, 2015 • No attendees • No concerns Agency Referrals • No concerns from any agency — all will assess at time of redevelopment Planning Commission • Public Hearing — October 15, 2015 • Recommended approval 1/14/2016 City of ��Wh6atRJ�dgc ITEM NO: DATE: December 14, 2015 REQUEST FOR CITY COUNCIL ACTION 7 TITLE: COUNCIL BILL NO. 2828_ - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 4340 HARLAN STREET (CASE NO. WZ-15-08 / LIGHTWAY) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ ORDINANCES FOR 1 ST READING (11/9/2015) ® ORDINANCES FOR 2ND READING (12/14/2015) Community Development 6irector ❑ NO _&Z24-eJ City Manager ISSUE: This application is for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street. The zone change is the first step of the process 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. This review would be administrative with no additional public hearings required. PRIOR ACTION: Planning Commission heard the request at a public hearing on November 5, 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing are attached. Council Action Form — Zone Change 4340 Harlan December 14, 2015 Page 2 FINANCIAL IMPACT: Fees in the amount of $873 were collected for the review and processing of Case No. WZ-15-08. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the possibility of reinvestment in the area. BACKGROUND: Subject Property The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street with roughly 75 feet of frontage. Currently the property has one structure that has a building footprint oo�re w th on ,760 sq reidet. The property was most recently used as a specialty antique Surrounding Land Uses The surrounding properties include a variety of land uses and zoning designations. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 -square -foot commercial structure zoned RC and used for general offices. To the south is a 2,148 -square -foot commercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a 1,655 -square -foot commercial building zoned RC and a 2,417 -square -foot commercial building zoned Mixed -Use Neighborhood (MU -N). To the east is a residential neighborhood that is part of the Stevenson Subdivision; it is zoned R-3 and developed with low-density residential uses. Current and Proposed Zoning The property currently is zoned Restricted Commercial (RC). The RC zoning accommodates various types of office uses, pg erformin administrative, professional, and personal services, and provides for a limited range of neighborhood -oriented retail uses. 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 intends to open a second location for their childcare operation, LitwaY at Sloans. Additionally, they intend to rent office space on the second and third floors, and include a residence at the rear of the existing structure. Minor changes to the building would be approved through a building permit. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. RECOMMENDED MOTION: "I move to approve Council Bill No. _28-2015,an rN)lfor property ogatedoat Restricted Commercial (RC) to Mixed U ghborhood (MU 4340 Harlan Street, Case No. WZ-15-08, on second reading and that it take effect 15 days after final publication, for the following reasons: Council Action Form — Zone Change 4340 Harlan December 14, 2015 Page 3 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. 28-2015, an ordinance approving a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street 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 BY; Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2015 2. Planning Commission staff report with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 28 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 4340 HARLAN STREET (CASE NO. WZ-15- 08/LIGHTWAY) 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, Ware Looney for Lightway at Sloans has submitted a land use application for approval of a zone change to Mixed Use -Neighborhood zone district for property located at 4340 Harlan Street; 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 Klare Looney for Lightway at Sloans for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) for property located at 4340 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH 75 FEET OF THE SOUTH 325 FEET OF THE EAST 145 FEET OF THE WEST 175 FEET OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B.- THE : THE NORTHERLY 2 FEET OF LOT 9, STEVENSON SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION CONVEYED BY QUIT CLAIM DEED RECORDED JUNE 2, 1959 IN BOOK 1197 AT PAGE 259, 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. Attachment 1 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 pabcie bears aeationalconvenince dr anon tot eeprotperouncil further determines that the ordi 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 9th day of November, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, Decembero�Colorado,at 7:oo 'and that it takesheffe�t 15i1 Wheat Rid Chambers, 7500 West 29thAvenue, W 9e days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on 12015.second and final reading by a vote of _ to , this day of SIGNED by the Mayor on this d a Y of , 2015. Joyce Jay, Mayor ATTEST: Ja­nelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: November 12, 2015 2"d publication: Wheat Ridge Transcript: Effective Date: City of Wheat i e COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED LOCATION OF REQUEST: CASE MANAGER: Lisa Ritchie November 5, 2015 WZ-15-08/Lightway at Sloans Approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) 4340 Harlan Street PROPERTY OWNER: Lightway at Sloans / Klare Looney and Jeremiah Buck APPROXIMATE AREA: 0.26 acres (11,292 square feet) PRESENT ZONING: Restricted Commercial (RC) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Attachment 2 I. REQUEST This application is for approval of a zone change from Restricted Commercial to Mixed Use - Neighborhood for property located at 4340 Harlan Street. The zone change is the first step of the process for approval for reuse of this site under MU -N zoning. If approved, it is anticipated that the owner will make minor site modifications with respect to parking, and minor interior renovations. Review for compliance will occur as part of a building permit application. This review would be administrative with no additional public hearings required. The purpose of the rezoning is to locate a daycare facility with a residential unit toward the rear of the property and office space on the second and third floor. A daycare is not a permitted use in the Restricted Commercial (RC) zone district. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street with roughly 75 feet of frontage. Currently the property has one structure that has a building footprint of 5,760 square feet. The property was most recently used as a specialty antique store with an ancillary residence. Access to the property currently consists of two curb cuts with a horseshoe drive along Harlan Street. (Exhibit 2, Aerial Photo) The site is zoned Restricted Commercial (RC), and surrounding properties include a variety of zoning designations and land uses. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 square foot commercial structure zoned RC used as general offices. To the south is 2,148 square foot commercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a 1,655 square foot commercial building zoned RC and a 2,417 square foot commercial building zoned Mixed -Use Neighborhood (MU -N). To the east is a residential neighborhood that is part of the Stevenson Subdivision zoned R-3 developed with low density residential uses. (Exhibit 3, Zoning Map) The property was originally built as a residence before being converted to an antique store in the 1970's. When the property was converted to commercial use, the owner also constructed an addition that added roughly 4,300 square feet to the building footprint. The rear and top floor of the existing building have been used residentially. (Exhibit 4, Improvement Location Certificate; Exhibit 5, Site Photos) 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 office uses, it allows for a range of neighborhood serving commercial and retail uses, including day care centers. 2 Planning Commission W Z-15-08/Lightway The property is currently zoned Restricted Commercial (RC). The zone district was established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses which are neighborhood oriented. The applicant intends to open a daycare facility, provide office space on the second and third floor, and continue the residential use toward the rear of the property. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions: 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. Planning Commission WZ-15-08/Lightway Development snaaIC zoom ygy. MU-N zoning a%tiIf.L! •A il�Y¢Ff y Allows limited office Allows new residential, Uses oriented commercial and commercial or mixed uses — existing residential uses. includes multi -family and live/work facilities. Traditional Overlay ASDM standards apply, including Mixed -Use standards apply, Architectural high quality architecture including high quality Standards required; standards related architecture required; standards to articulation, variation, related to articulation, variation, materials, trans arenTalle trials, transparency. 35' if the building has the building has Max. Building Height residential use, 50' fontial use, 50' for all other other uses. Max. Lot coverage 80% for mixed use, 85% for sin le use. Min. Landscaping 20% for mixed use, orsin a use.Build-to / Setbacks Front 0 - 12' build -to area' build -to area Rear setback 5' per story Side setbacks 10', plus 5' per story W (0' if nonflammable) 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. Planning Commission WZ-15-08/Lightway The change of zone will not result in adverse effects on the surrounding area. While rezoning would allow uses beyond what is permitted in the RC zone district, any new development or major addition 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 between future redevelopment and existing land uses. 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. All responding agencies have indicated they can serve the property. Prior to any major 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. A building permit will be required for any minor interior modifications and any parking reconfiguration will be reviewed administratively for conformance. 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. Neighborhood Commercial Corridor T T Planning Commission W Z-15-08/Lightway The plan shows Excerpt from Envision Wheat Neighborhood Ridge Structure Plan Commercial Corridors along: • 44"' Avenue (between Youngfield and Kipling Streets) • 44'" Avenue (between i Kipling Street and the greenbelt) • 44"' Avenue (east of Wadsworth Boulevard) • Harlan Street (from I- Property location 70 to just south of 4*..OwOM0M1 44" Avenue) 4 Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this area as Neighborhood Commercial Corridor, which is a designation intended to identify areas of future focus and emphasis. Future character and uses include a broad mix of activities, including small-scale, pedestrian friendly mixed-use retail, commercial businesses, and residential, with a focus on promoting a compatible mix of uses to supply the daily services and needs of adjacent residential areas. Goals met with the proposal include the reinvestment in a property which will include a mix of neighborhood supporting uses, including daycare, residential use and office use. 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. Staff finds no evidence of significant changes in the area. The zone change request from RC to MU -N neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. 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 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. Planning Commission WZ- 15-08/Lightway 5 A meeting for neighborhood input was held on June 16, 2015. There were no attendees from the neighborhood at the meeting. (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. Wheat Ridge Water District: No comments. Wheat Ridge Public Works: No comments at this time. Wheat Ridge Sanitation District: No comments. 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 for redevelopment 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. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-08. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street, 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 reinvestment in the area. 4. The criteria used to evaluate a zone change support the request." 6 Planning Commission WZ-15-08/Lightway Option B: "I move to recommend DENIAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street, for the following reasons: 2. ...,, Planning Commission WZ-15-08/Lightway 7 Exhibit 1— Applicant letter August 31 2015 7 0 iWtium It May Concern Legh way at Sloan& 5440 West 25" Avenue Fdgewafer Co 80214 303-867 6292 My name i5 Kbre Looney. My husbana Jeremy Buvk and t recently pirchased the prop" +xated at 4340 Hassan Street Wheat Ridge Cc The property is currently zoned R -C a" we ate proposing a zone change to Mixed Use As the p-operty currently Stands tnere is commercial space located in lite frort lower half of the building and reWenba in the back half L'Je p:an m keepinq the struCtura' layout throug"ut thre pti1(rs+rty with bas-tand m+rimal copmetic updates We Alan on renting out the existing residenbal section located it the back half of the property Vve hope to occupy the front cornmercia part of the property Meth a cer0nd kx atron of my exisynp cnildcare that is cure-Ttiy located it Edgewater I Klare LwNey, am the fcrunde• and owne• of Lightway at Sloans one of thr highest in Demand ch iorare cente-a in the Metry area wRh over 150 tami+ies o,i tic current wait list (Please rit.^le that d is a 575 nor re'vndable waithst fee) We are currently located in Fdgewatier, and with the increasing demantd of quality rhi►C cart:, we are hoping to open our second OCation at 4340 Hivian Stmt LighMay is crns4errd a Small Center aril this business made• will be duplicated a1 the Wheat Ridge location Lightway will occupy the front fm large rooms wrM a maximurr V 15 kids under 3 a: a time daily. ThE current RC zomrig albws kindergarten which is children of age 5 We woulo like to o'fer day care options tot ctodren 6 weeks to 3 years oldwhich regwres a zoning change of Mxed Used 'JYe have attached) a parkintg plan that will safely and efficiently pMowd4 what is needed toe 4 staff the res>dence and parents picking up and droppng off W.dh tris zoning change t ightway cur+l expose aol.e-is & families from the neighboring areas to .. tr Glty 0Wheat Ridge retai , restaurants an(!C(Ynmuraty I ightway has nrcwPn to be a succussful addition to the city Gr Edys.-water over the past 8 years and we lxtk forward to being an importan! addition to Wheat Ridge Thank you for Considering txtr zoning ctiange request, as wP look forward to becoming a proud rnernbri of the Wheat Ridge cwnmunrty Sincerely, Klare t Roney Lighfway at Sbans www-hghtw8y8tS!0-3ns 00-1 808 557, 5022 Planning Commission 8 W Z-15-08/Lightway 111e � 1 IL IJ L W.. L; Exhibit 3 - Zoning Map Planning Commission WZ-15-08/Lightway Exhibit 4 — Improvement Location Certificate DATE 05/2D/20151"11 4SO.00 Joo* _ 15-je7_ RAPOWT C""'RN rnt�=�r __LF.AttD T�T[.r AuoRtLss 43 0 HAaWf sTRiP1' LAND S U R V E Y I NG IVAME� LOORe.iaubc 5,460 WA90 RO�o • S:: 160 Aa,AOA. CO.ORADU 80002 CA (:l03JnC aB LEGAL DESCRIPTION PROV=MF1'- tJx1.mC\ CER-.�"iUTE Ir (P[e CuEn ;.i !run' SES AT -TAMED c..fi rc Be+W m C,AW a sh-0. A.. InP— Sant. A. a. - LEGAL DESCRIPTION • !a Pran.a 7 umnc or�povamm ✓ tea, Eaeu ��o JSPar Yr wrgrx um Scale::' -39 t 1 1 � ia ----�--_--------------------- Me ° AIMayAe�a<, - t � . A�A.s :... a 1►A.�r�i.iEnaAt•„t ' ns •. 7 -4!------t r=—�= ;� �_ 'mss-=`•°_1�.�” ar- t • t �! r 7.1 wow sup r t�rir �, 1 � � • 4 � . • ,� Ttiabiryyra � � 1 1 X 1 1Ylararllf �• Pell F - - 3e- - _ r t f-= _ _ _ w -'p i . �" a •u• f , Jnr =v I t 1 ' t I � �' +orlaaew 1 b I I 1R -I^ 1 � LQif 1 33qi i i i I I iJ' 13i( 59.r-- c— a S R' LZ i.•W 14.NW 1M. s+!-+ A N8 /•A: On the basis of ry krgr116aCdfp19, lnfomtab0"1 and begot, I ha'eay certify that this d•.proven+e•n ID0860- cMl(cate was p•eparec fo- fid COMC$RCIAL / LAND TITLE is not a Land Survey Plaf r .^pratime >t Survey Plat, a s that n ¢ not to be uPo•+ for the cstahliah•ne.:t of fart.- b ,Jing, o• othe y Piat improvanlC:l Ikas. 1 bu'tna- twe xKry that the i. ertenis on the ab oe:J pare dale, exce>:! :filrty cOrnecllons ale entirely' .vilhin tre bou the pa'cel, exGep shown, that there are n described premises oy rrtprovemerm on ar dioirrr3E pre -.sae, e. p: as ind Carew, and that tr y is Jp0' the s an tN any ease mer croleing a OJrden". any part of said parcel, apt as rated. jemev de^ce o• gr'apf a 'c CD rzfs Jsrnwd W rte C" pslK ItpR 1l�LrtJe�nli o'ite r+tm�enrG.ethGatt6rJ'k'rs Otale+rradpj sll?vm+an[^. FW. m, •-F(I !J=-d111and r.la-rnikray.r-rs -AO.1LC Pytt i ASsDOt. R -r7 WAe•:E P¢1 v.•nrr:a Irmo•. A --u--, .► 11 r.r�ro =.o o a rc IiAIWWA a ar aw�adwnatraera Planning Commission WZ-15-08/Lightway L. Looking southeast at the subjectproperty -.yy �vb�° •�l� v- i • � ,fee fes!' tis � _-.� propertyL oking northeast at o the subject Vol!" -�` " , W Looking east at the V � _ rear of the subject A property l ` +...ver-•. . �+nes�waras� ^--gin- .. '�r"`"�' .. •V• ( •`• v�1 f. Looking Harlan Street towthe .•1 ,`i subject - ` � ^'�i-p4'+Vt'111-,''P-. r� ,��,.,• �+ } fin:- S � ��+ � ", � •»- � Planning Commission 14 WZ-15-08/Lightway 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: June 16, 2015 Meredith Reckert, Senior Planner City of Wheat Ridge Municipal Building 7500 W. 29`h Avenue Wheat Ridge, CO 80033 4340 Harlan Street Klaire Looney & Jeremiah Buck klooney@lightwayatsloans.com Jbuck@treadglobal.com 808-557-5022 Yes Same Restricted Commercial (RC) Neighborhood, Primary Commercial Corridor Existing Site Conditions: The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street. Currently the property has one structure that has a building footprint of 5,760 square feet. The property was most recently used as a specialty antique store with an ancillary residence. The site is zoned Residential Commercial (RC), and surrounding properties include a variety of zoning designations and land uses. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 square foot commercial structure zoned RC used as general offices. To the south is 2,148 square foot commercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a 1,655 square foot commercial building zoned RC and a 2,417 square foot commercial structure zoned Mixed -Use Neighborhood (MU -N). To the east Planning Commission WZ-15-08/Lightway 15 is a residential neighborhood that is part of the Stevenson Subdivision zoned R-3 developed with low density residential uses. Based on Jefferson County Assessor's records, the subject property is comprised of one parcel totaling .259 acres. The property fronts along Harlan Street and has 75 feet of frontage. There is one curb cut on the south side of the property which is roughly 15 feet in width. It appears that the property utilizes a curb cut on the property to the north. . The property was originally built as a residence before being converted to an antique store in the 1970's. When the property was converted to commercial, the owner also constructed an addition that added roughly 4,300 square feet to the building footprint. The rear and top floor of the existing building have been used residentially. Applicant Preliminary Proposal: The applicant is proposing to convert the subject property into a daycare facility with a residential unit on the first floor and an office space for the second and third floor. The daycare facility, Lightway, would have four active staff members for fifteen children comprised of 5 babies and 10 toddlers. The residential unit is an existing condition and is located in the eastern half of the building. The office use for the second floor and third floor would be a product sourcing and development service. The applicant will not be making any alterations to the exterior of the structure. The applicant has expressed an interest to accommodate more parking and landscaping. Because the RC zoning does not allow day care facilities, a zone change to Mixed -Use Neighborhood (MU -N) is begin proposed. A day care facility is a permitted land use in MU -N. There were no attendees from the neighborhood. 16 Planning Commission WZ-15-08/Lightway No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-15-08: Ms. Reckert 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 Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street. The purpose of the rezoning is to expand permitted uses to locate a daycare facility with a residential unit toward the rear of the property and office space on the second and third floor. A daycare is not a permitted use in the RC zone district. Ms. Reckert stated that the primary difference between RC and MU -N zoning is MU -N allows residential uses including live/work facilities. At this time there are no proposals for redevelopment on the site. The applicants plan to modify the interior, which at the time will require building permit approval. Ms. Reckert also pointed out that this change in zone is in conformance with the City of Wheat Ridge Comprehensive Plan which identifies Harlan as a Neighborhood Commercial Corridor. A neighborhood meeting was held on June 16, 2015 which had no attendees and there after the 15 day posting. Ms. Reckert stated tha were no calls or letters of concern t if the zoning is approved there will be a site plan reviewed administratively to make the parking area meets the standards, a plat, if required, and a building permit. sure Commissioner DORSEY noticed the property is filled with a lot of building space and is concerned if there is enough parking for the daycare clients along with the residential parking. Ms. Reckert stated this was also staff's concern. Staff recommended the applicants work with an architect to lay out designs with modifications for the daycare parking so they have adequate parking and there are no conflicts with pedestrians. Commissioner TIMMS wanted to know what was on the other side of the tall windows, in the building. Klare Looney 4340 Harlan Street The applicant, Ms. Looney, stated that it is one big room behind the window and to the left is another big room. Both of which will be used for the daycare. The residence is in the back and upper floor of the building. Planning Commission Minutes November 5, 2015 Attachment 3 - 2 Commissioner TIMMS noticed a few other properties in the neighborhood have also been rezoned to MU -N, and wondered if there is any chance the city has looked at a city initiated rezoning for this area. Ms. Reckert stated that staff and planning commission have talked about it and will discuss it more after the first of the year. Commissioner OHM asked because of the offices on the third floor if the zone change will trigger ADA compliance or is it already ADA compatible. Ms. Reckert stated she believed it is already ADA compatible and indicated that the inspectors had already been out to look at structure. Ms. Looney stated they are not going to move forward with the offices right now, but that they have met with the inspectors and are complying with their requests. CHAIR BUCKNAM asked if the structure will currently be under the maximum lot coverage for MU -N which is 90%. Ms. Reckert said yes the building structure will be under the 90% maximum lot coverage. Commissioner TIMMS asked about having an outdoor play area for the daycare children. Ms. Looney stated they are working with the adjacent property owner to get an easement and that they are going to rent 750 sq. ft. from the neighbor to the south. Commissioner TIMMS asked if the outdoor play area will be part of the site plan review. Ms. Reckert stated that an outdoor play area is not required by the city, only the state, so it will not be part of the site plan review. It was moved by Commissioner OHM and seconded by Commissioner Kimsey to recommend APPROVAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street, 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 reinvestment in the area. Planning Commission Minutes -3— November 3—November 5, 2015 4. The criteria used to evaluate a zone change support the request. Motion carried 7-0. B. Case No. WZ-15-04: Ms. Reckert 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 Planned Commercial Dehvelopment (PCD) to Mixed Use -Neighborhood for property located at 10590 W. 44 Avenue. In 2001 the property was rezoned from Agricultural -One (A-1) to Planned Commercial Development (PCD) with the intent of developing the property into a garden center. No residential uses are included in the permitted uses. The applicant is requesting MU -N for the flexibility of having commercial and residential uses allowed on the property. Ms. Reckert continued that the MU -N setbacks are more pedestrian friendly as opposed to the PCD setbacks which place the buildings farther away from the street. The change of zone is also in conformance with the City of Wheat Ridge comprehensive plan goals because it will allow for a wider range of development scenarios on the property. A neighborhood meeting was held on April 13, 2015 in which no neighborhood attendees were present. Also, there were no phone calls or letters received and no concerns from city departments or agencies. Slawomir Golabek 4745 S. Andes St., Aurora, CO Plans for the site might be townhomes and construction would likely start in in 2016. There were no questions from the Commission. It was moved by Commissioner DORSEY and seconded by Commissioner TIMMS to recommend APPROVAL of Case No. WZ-15-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Mixed Use -Neighborhood (MU -N) for property located at 10590 W. 44'x' Avenue, for the following reasons: I. The proposed zone change is consistent with Envision Wheat Ridge and the Fruitdale Valley Subarea Plan Planning Commission Minutes - 4 November 5, 2015 `r City of /WheatRidge ITEM NO: DATE: November 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 2828_ - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 4340 HARLAN STREET (CASE NO. WZ-15- 08/LIGHTWAY) ❑ PUBLIC HEARING ® ORDINANCES FOR IST READING (11/9/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (12/14/2015) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO I City Manager ISSUE: './ This application is for approval of a zone change from Restricted Commercial (RC) to Mixed Use - Neighborhood (MU -N) for property located at 4340 Harlan Street. 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. This review would be administrative with no additional public hearings required. PRIOR ACTION: A public hearing was scheduled before the Planning Commission on November 5, 2015. The Planning Commission's recommendation, the staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $873 were collected for the review and processing of Case No. WZ-15-08. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the possibility of reinvestment in the area. Council Action Form -4340 Harlan Zone Change November 9, 2015 Page 2 BACKGROUND: Subject Property The subject property is located at 4340 Harlan Street. The property is comprised of a .259 -acre parcel on the east side of Harlan Street with roughly 75 feet of frontage. Currently the property has one structure that has a building footprint of 5,760 square feet. The property was most recently used as a specialty antique store with an ancillary residence. Surrounding Land Uses The surrounding properties include a variety of land uses and zoning designations. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 square -foot commercial structure zoned RC and used as general offices. To the south is 2,148 square -foot commercial structure zoned RC which include a tattoo shop, dog grooming business and a residence in the rear. To the west is a 1,655 square -foot commercial building zoned RC and a 2,417 square -foot commercial building zoned Mixed -Use Neighborhood (MU -N). To the east is a residential neighborhood that is part of the Stevenson Subdivision, zoned R-3 and developed with low-density residential uses. Current and Proposed Zoning The property currently is zoned RC, which accommodates various types of office uses that perform administrative, professional, and personal services, and provides for a limited range of neighborhood -oriented retail uses. 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 intends to open a second location for their childcare operation, Lightway at Sloans. Additionally, they intend to rent office space on the second and third floors, and include a residence at the rear of the existing structure. Minor changes to the building would be approved through a building permit. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. RECOMMENDED MOTION: "I move to approve Council Bill No. 28-2015, an ordinance approving a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street on first reading, order it published, public hearing set for Monday, December 14, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Lisa Ritchie, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form -4340 Harlan Zone Change November 9, 2015 Page 3 ATTACHMENTS: 1. Council Bill No. 28-2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 28 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE -NEIGHBORHOOD (MU -N) FOR PROPERTY LOCATED AT 4340 HARLAN STREET (CASE NO. WZ-15- 08/LIGHTWAY) 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, Klare Looney for Lightway at Sloans has submitted a land use application for approval of a zone change to Mixed Use -Neighborhood zone district for property located at 4340 Harlan Street; 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 Klare Looney for Lightway at Sloans for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) for property located at 4340 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land.- THE and: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH 75 FEET OF THE SOUTH 325 FEET OF THE EAST 145 FEET OF THE WEST 175 FEET OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTHERLY 2 FEET OF LOT 9, STEVENSON SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION CONVEYED BY QUIT CLAIM DEED RECORDED JUNE 2, 1959 IN BOOK 1197 AT PAGE 259, 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. ATTACHMENT 1 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 91h day of November, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, December 14, 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 12015. SIGNED by the Mayor on this day of 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1 st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: � 4 4 City of /'� W heat idge MUNPTY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. November 18, 2015 Klare Looney 5440 W. 25`h Ave. Edgewater CO 80214 Dear Ms. Looney: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of November 5, 2015, Planning Commission recommended APPROVAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street, 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 reinvestment in the area. 4. The criteria used to evaluate a zone change support the request. Your request for approval of a zone change is scheduled for public hearing before City Council at 7:00 p.m. on December 14, 2015. 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-15-08 (case file) Wz P 508.doc www.ci.wheatridge.co.us 1. PUBLIC HEARING A. Case No. WZ-15-08: Ms. Reckert 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 Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street. The purpose of the rezoning is to expand permitted uses to locate a daycare facility with a residential unit toward the rear of the property and office space on the second and third floor. A daycare is not a permitted use in the RC zone district. Ms. Reckert stated that the primary difference between RC and MU -N zoning is MU -N allows residential uses including live/work facilities. At this time there are no proposals for redevelopment on the site. The applicants plan to modify the interior, which at the time will require building permit approval. Ms. Reckert also pointed out that this change in zone is in conformance with the City of Wheat Ridge Comprehensive Plan which identifies Harlan as a Neighborhood Commercial Corridor. A neighborhood meeting was held on June 16, 2015 which had no attendees and there were no calls or letters of concern after the 15 day posting. Ms. Reckert stated that if the zoning is approved there will be a site plan reviewed administratively to make sure the parking area meets the standards, a plat, if required, and a building permit. Commissioner DORSEY noticed the property is filled with a lot of building space and is concerned if there is enough parking for the daycare clients along with the residential parking. Ms. Reckert stated this was also staff's concern. Staff recommended the applicants work with an architect to lay out designs with modifications for the daycare parking so they have adequate parking and there are no conflicts with pedestrians. Commissioner TIMMS wanted to know what was on the other side of the tall windows, in the building. Klare Looney 4340 Harlan Street The applicant, Ms. Looney, stated that it is one big room behind the window and to the left is another big room. Both of which will be used for the daycare. The residence is in the back and upper floor of the building. Commissioner TIMMS noticed a few other properties in the neighborhood have also been rezoned to MU -N, and wondered if there is any chance the city has looked at a city initiated rezoning for this area. Ms. Reckert stated that staff and planning commission have talked about it and will discuss it more after the first of the year. Commissioner OHM asked because of the offices on the third floor if the zone change will trigger ADA compliance or is it already ADA compatible. Ms. Reckert stated she believed it is already ADA compatible and indicated that the inspectors had already been out to look at structure. Ms. Looney stated they are not going to move forward with the offices right now, but that they have met with the inspectors and are complying with their requests. CHAIR BUCKNAM asked if the structure will currently be under the maximum lot coverage for MU -N which is 90%. Ms. Reckert said yes the building structure will be under the 90% maximum lot coverage. Commissioner TIMMS asked about having an outdoor play area for the daycare children. Ms. Looney stated they are working with the adjacent property owner to get an easement and that they are going to rent 750 sq. ft. from the neighbor to the south. Commissioner TIMMS asked if the outdoor play area will be part of the site plan review. Ms. Reckert stated that an outdoor play area is not required by the city, only the state, so it will not be part of the site plan review. It was moved by Commissioner OHM and seconded by Commissioner Kimsey to recommend APPROVAL of Case No. WZ-15-08, a request for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) for property located at 4340 Harlan Street, 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 reinvestment in the area. 4. The criteria used to evaluate a zone change support the request. Motion carried 7-0. WZ-15-08 / Lightway 4340 Harlan Street Approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) Planning Commission October 15, 2015 C-1 Gni caw -J,m Ca �: � � . tori•; � � ....., W eEw h.FJiD Cts? t AF: �p am !xf) maj Aerial : 4340 Harlan Street C ll: Aerial : 4340 Harlan Street _Cl� m C� em � . caj 1 R -C C11J Gam; _..� Current Zoning caw -J,m Ca �: � � . tori•; � � ....., W eEw h.FJiD Cts? t AF: �p am !xf) maj Aerial : 4340 Harlan Street C ll: Aerial : 4340 Harlan Street Comprehensive Plan Excerpt 4340 Harlan Street Rezone Request Zone Change from Restricted Commercial to Mixed Use -Neighborhood • The applicant intends to operate a satellite day care facility, Lightway of Sloons; • office use will be included on the second and third floor; • Residential use will be included of the rear of the property. Y 4340 Harlan Street 4340 Harlan Street - ii . 4340 Harlan Street Comparison of Development Standards Development Standard RC Zoning MU -N Zoning t Allows limited office Allows new residential, Uses oriented commercial and commercial, or mixed existing residential uses. 4340 Harlan Street 4340 Harlan Street - ii . 4340 Harlan Street Comparison of Development Standards Development Standard RC Zoning MU -N Zoning Allows limited office Allows new residential, Uses oriented commercial and commercial, or mixed existing residential uses. uses—including multi - family and live/work. Architectural Traditional Overlay ASDM High quality architecture Standards standards, including high required; Mixed Use quality architecture standards apply 35 feet, if building 35 feet, if building Max. Bldg. Height includes residential includes residential 50 feet for all other uses 50 feet for all other use, Max. Lot Coverage 80°k 90% for mixed se u 85% for single use Comparison of Development Standards Devebpment Standard RC Zoning MU -N Zoning Minimum 10% for mixed use Landscaping zoi 15% for single use Build -to / Setbacks Front 0-12' build -to area Rear setback 0-12' build -to area S' Side setbacks 5' per story o 10', plus S' per story (0' if nonflammable) Neighborhood Comments Neighborhood Meeting: • Held on June 16, 2015 • No attendees • No objections noted Agency Referrals The following referral responses were provided: • Wheat Ridge Water: No comments. • Wheat Ridge Sanitation: No comments Xcel Energy: No objections. • Wheat Ridge Public Works: No comments of this time. • Wheat Ridge Fire District: No comments. 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. — MU -N is compatible with the surrounding area Staff recommends APPROVAL of the request City Of `J`I heat idge 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 (Revised Date) (As required pursuant to Code Section 26-109.D) October 20, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-08, an application filed by Lightway at Sloans for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) for property located at 4340 Harlan Street. 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 November 5, 2015 7:00 p.m., City Council December 14, 2015 (a) 7:00p.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. www.ci.wheatridge.co.us Vicinitv Map Ll City of W heat Wiidgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-08 Date of Planning Commission hearing: November 5, 2015 City Council hearing: December 14, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 35 letters on October 20, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: °----� Date:Z�� .Z 0 -15 PWN 1 LLC FRIESEN TODD J FRIESEN AVERITT TONY AVERITT 7 SEDWICK DR RACHAEL L TAMARA ENGLEWOOD CO 80113 4330 GRAY ST 4345 GRAY ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 ANTOINETTES CAR WASH INC PO BOX 16507 DENVER CO 80216 MERANTO ONEIDA 4330 HARLAN ST WHEAT RIDGE CO 80033 LITCHFIELD TERI L 4350 GRAY ST WHEAT RIDGE CO 80212 SANDS SANDRA K WISE CONSTANCE 4300 GRAY ST WHEAT RIDGE CO 80212 LATSIS TOMMY 3640 S MONACO PKWY DENVER CO 80237 FACINELLI JANICE L 4355 GRAY ST WHEAT RIDGE CO 80212 CHRISTENSEN LLC 7303 ELLIS ST ARVADA CO 80005 FEARON GABRIEL LAW AMY 4311 GRAY ST WHEAT RIDGE CO 80212 FRANCIS MITCHELL ZEL FRAN INVESTMENTS LLC % JACK B ZELINGER 1201 WILLIAMS ST 18 DENVER CO 80218 CERVENY GRETCHEN G 3425 MOORE ST WHEAT RIDGE CO 80033 WORLD SAVINGS & LOAN ASSOCIATION % THOMSON REUTERS PO BOX 2609 CARLSBAD CA 92018 L W FARONE LLC 4269 N 26TH ST BOULDER CO 80304 ECKLUND MARSHA HILL HILL MELESA KAY HILL JERRY REEDER 4340 HARLAN ST WHEAT RIDGE CO 80033 TIMS RUSTIN C TIMS MARCILLA D 4325 GRAY ST WHEAT RIDGE CO 80212 IBARRA ALEJANDRA IBARRA FRANCISCO C 4320 GRAY ST WHEAT RIDGE CO 80212 LANG JOCELYN D 114 LONGFIELDS WAY DOWNINGTOWN PA 19335 ENREX LLC 3230 ARBUTUS ST GOLDEN CO 80401 CTS CAPITAL LLC 4300 HARLAN ST WHEAT RIDGE CO 80033 KADNUCK ROBERT G LUCERO EDWARD W LUCERO LIECHTY KELLI LIECHTY 4325 HARLAN ST CHRISTINA M AARON WHEAT RIDGE CO 80033 4285 GRAY ST 4301 GRAY ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 PRIMAVERA GREGORY P PRIMAVERA SUE E 4340 GRAY ST WHEAT RIDGE CO 80212 SEARCY LAUREN KAPLAN BENJAMIN 4295 HARLAN ST WHEAT RIDGE CO 80033 ERICKSON GENE O ERICKSON CYNTHIA S 2143 S PARFET DR LAKEWOOD CO 80227 DIETZ MARY LOUISE JEFFERSON COUNTY LAMMERS JOEL A LAMMERS % MARY LOUISE JORGENSEN 100 JEFFERSON COUNTY SUSAN E HEYBORNE 585 SADDLE MOUNTAIN RD PKWY 6196 W 75TH PL COLORADO SPRINGS CO 80919 GOLDEN CO 80419 ARVADA CO 80003 RKKNB INC DR STEVEN J ZAPIEN DDS INC DRAPEAU ROLAND M 4305 HARLAN ST 4331 HARLAN ST DRAPEAU LAURA J WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4280 HARLAN ST WHEAT RIDGE CO 80033 JOSTEN MICHAEL BENJAMIN DELGADO KAELA RENAE JOSTEN GRETCHEN AMANDA 4310 GRAY ST 4360 GRAY ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 City of" W heat Ridgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-08 Date of Planning Commission hearing: October 15, 2015 City Council hearing: December 14, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 35 letters on September 30, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Date:�I -��� 41 = 1 City of Wheat�iclge 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 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) September 17, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-08, an application filed by Lightway at Sloans for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU - N) for property located at 4340 Harlan Street. 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 October 15, 2015 O 7.00 p.m., Citv Council December 14 2015 (7a 7:00P.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. If you need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. +++++s.ci.+sheatridge.co.us Vicinity May WZ 1505.doc CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WZ-15-08, an application filed by Klare Looney for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) located at 4340 Harlan Street will be held in the City Council Chambers, Municipal Building located at 7500 West 29`h Avenue, Wheat Ridge, Colorado, on November 5, 2015 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. Legal Description: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH 75 FEET OF THE SOUTH 325 FEET OF THE EAST 145 FEET OF THE WEST 175 FEET OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTHERLY 2 FEET OF LOT 9, STEVENSON SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION CONVEYED BY QUIT CLAIM DEED RECORDED JUNE 2, 1959 IN BOOK 1197 AT PAGE 259, 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-15-08, an application filed by Klare Looney for approval of a zone change from Restricted Commercial (RC) to Mixed Use -Neighborhood (MU -N) located at 4340 Harlan Street will be held in the City Council Chambers, Municipal Building located at 7500 West 29`x' Avenue, Wheat Ridge, Colorado, on November 5, 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.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, October 22, 2015 City of W heat �idge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: 9/18/15 Response Due: 10/2/15 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Restricted Commercial (RC) to Mixed -Use -Neighborhood (MU -N) for a property located at 4340 Harlan Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-15-08/Lightway at Sloans Request: The applicant is requesting the approval of a rezoning from RC to MU -N. The property currently contains a single family home constructed in 1940 and is 0.26 acres in size. The applicant is requesting a zone change to MU -N to expand uses for the property. At this time, the applicant is considering the use of the property as a child care center. 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:lritchie@ci.wheatridge.co.us Fax: 303.235.2857 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge 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 Vicinity Map Xcel Energysm PUBLIC SERVICE COMPANY September 15, 2015 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Lisa Ritchie Re: Lightway at Sloans Rezone, Case # WZ-15-08 Right of Way & Permits 1123 West 3r' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.1.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Department has reviewed the request for the Lightway at Sloans 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 ♦ ' A 4 11 City of Wheat Rdge PUBLIC WORKS Memorandum TO: Lisa Ritchie, Planner II FROM: Dave Brossman, Development Review Engineer DATE: September 21, 2015 SUBJECT: WZ-15-08/Lightway at Sloans 4340 Harlan Street - Re -Zone have completed my review for the request to rezone the property at 10191 W. 38h Avenue from Restricted Commercial (RC) to Mixed Use Neighborhood (MU -N) received on September 18, 2015, and I have the following comments: 1. 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 - 4340 Harlan Street_Lightway at Sloans_MU-N Re -zone Ist Review.docx City of W heatridge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) SIOCtAS O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat Applicant��q L%�{t/ 64 Address t Phone 03 &Q•�., City(r�l MQ-1AA State C.0 Zip SO" I O Planned Building Group O Right of Way Vacation O Other: �Imvj%J41biJ ZJf)V Address Phonego? COiwtyn_er State Zip gDa d L4 Fax dl�ir yda y 7�37� Contact_LA(Le Lp,�,� Address � 4 Phone City 1G� State Co Zip O I L/I 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): Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side •ArChange 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 0 Concept Plan approval O Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation O Other: Detailed description of request: Required information: Assessors Parcel Number: a LEa—1 L9 Size of Lot (acres or square footage): Current Zonin p g: Wt , p� U � g� - r, Proposed Zoning: Current Use: d(aC�an± Proposed Use:"j�7�� (TJjl MI Q - 16 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant 6 MELISSA MACKEY ibed and sw to me this I day of PWU20�� NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134042377 MY COMMISSION EXPIRES JULY 9, 2017 Notary Public My commission expires p To be filled out by staff: Date received Comp Plan Desig. Related Case No. Fee S Receipt No, Zoning Pre -App Mtg. Date Case No. Quarter Section Map. Case Manager L1Gr�T. AY �s- August 31, 2015 To Whom It May Concern: Lightway at Sloans 5440 West 251h Avenue Edgewater Co. 80214 303-862-5292 My name is Klare Looney. My husband Jeremy Buck and I recently purchased the property located at 4340 Harlan Street, Wheat Ridge, Co. The property is currently zoned R -C and we are proposing a zone change to Mixed Use. As the property currently stands, there is commercial space located in the front lower half of the building and residential in the back half. We plan on keeping the structural layout throughout the property with basic and minimal cosmetic updates. We plan on renting out the existing residential section located in the back half of the property. We hope to occupy the front commercial part of the property with a second location of my existing childcare that is currently located in Edgewater. I, Klare Looney, am the founder and owner of Lightway at Sloans, one of the highest in demand childcare centers in the Metro area, with over 150 families on the current wait list (Please note that it is a $75 non- refundable waitlist fee). We are currently located in Edgewater, and with the increasing demand of quality child care, we are hoping to open our second location at 4340 Harlan Street. Lightway is considered a Small Center and this business model will be duplicated at the Wheat Ridge location. Lightway will occupy the front two large rooms with a maximum of 15 kids under 3 at a time daily. The current RC zoning allows kindergarten which is children of age 5. We would like to offer day care options for children 6 weeks to 3 years old, which requires a zoning change of Mixed Used. We have attached a parking plan that will safely and efficiently provide what is needed for 4 staff, the residence and parents picking up and dropping off. With this zoning change, Lightway will expose dozens of families from the neighboring areas to the city of Wheat Ridge retail, restaurants and community. Lightway has proven to be a successful addition to the city of Edgewater over the past 8 years and we look forward to being an important addition to Wheat Ridge. Thank you for considering our zoning change request, as we look forward to becoming a proud member of the Wheat Ridge community. Sincerely, Klare one Y Lightway at Sloans — www.lightwayatsloans.com klooney_@lightwayatsloans.com 808-557-5022 NARLAN STREET EAST PROPERTY LRS 0 c Qp a 9 € z z I� N QZn� D " €�= m c7� n O 2 0 o c z wf"i.m 7cn 5 4340 HARLAN STREET INTERIOR REMODEL =o 8 WHEAT RIDGE, COLORADO 80033 DATE 05/20/2015FEE 450.00 JO3fr 15-2$2_ RaLPOW CuEx,12�ffiE r KM �RCIAL / TPID <ATZT>,F ADDRESS 4340 HJIRLAN STREET L A N D SURVEYI N G NAME LOONEY / BUCK 5460 WARD ROAD + SU 1-E 160 ARVADA. COLORAoo 80002 (303)420-4788 LEGAL DESCRIPTION LOCATION CERTIFICATE (PER CLIEN-) SEE ATTACHEDA-, Wsp c a I= st v t:uoad ri SManLEGAL ti, lmfrovemrm Saves PLa n Realrmclddfor DESCRIPTION +PROVEMENT P—M I.ocati+wt ofLgro�em I.00tm d Fmx Lma it Sbos.n art Appro.lmaa. Fence Lnc L Scale: V-30' I I I I I I �a-----------� ;-------_-_— _ I + Iv Aaov �� Boot' 1 t94>!'aie 211 - •. AVWI A it . lou _ _ d .-T•173---- Rab--- ,.. ... • HSA zt2 .•; A*MkAmet -10'AOaMaBrrutBoak1290,P+1it1 w1 ; -r �-rCa"°" --- --I -- 1 PAMM -A- ik Z I y d t j I r I . • ' • . �' to T'aoioorylat000 I � _� + d G1�taalePad eACrrrr 1 4 • FAIM"Ir I � t�tlaYaaarlaf9 j 2.0 �) 3000 i13. �/ 13- 1 I 20 I g� 0.S Sb! diol I 1 I 1 1 I I I Ie o ^ 1 01 0 �I ^ j j i LUF9 1 I 1 I 1 I I I I I 1 I I I I I I I I I I 1 I .( 100 _ 135.0 { 1.35 1! 1 I 5wh eN Cam f d. n WL,-_NWIN NWIM.St.114 of SEctioa 24, T3S. R69W of I the 6tt Y M 7 L"4acfir Faota& oser Propnty L,r. woad stege On the basis of my knowledge, information anc belief, I hereby certify that this.improvemerrt location certificate was prepared for KW COMMCIAL / LAND TITLE •1 s not a land Survey Plat or Improvement Survey Plat, and that B is not to beupon for the establishment of fence, Iding, or other future Improvement lines. I further certify that the impwV&nents on the ab SC bed pa date, except utility connections, are entirely within the boundan-epV the parcel, except shown, that there are hments upon the described premises by improvements on adjoining premises, ex pt as indicated, and that t Is no apt ant evidence or sign of any easement crossing or burdens any part of said parcel, cept as noted. NOTICE Tho anpragmFt Waa'M Cerdloate o so, d,e so{e ptrpm 01 tae br sates RIB" � 01OPWty morn or p"". A mare Dwt?,e ,ektiv hip of the onprvs4rr&M b thetda t)Ourry fires be oete•-3rred try at Inp vwne-t ryt, plat. elatYld ae Mvwt anti arty . rp vvanertts aro rtaaachnards are noted. R.E. PORT 8 ASSOCLA WC and Robert E. Port wil not ba for ^ Locftn Caruft1cm, and 0* to the lxroes spedk+lk shorn are aor,. ADw WCO arrow tae Of t a Locemn Cert Rrate ar Y ow"nsitrit to al tern treat. _ 7268 Nam; f AAKY 6 f%i►YIIM U9eIG eew.laa MID DMCMlaNS Hayden, L. City of / W heat _ge COMMUNITY DEVELOPMENT Submittal Checklist: Zone Change (straight zone district) Project Name: Project Location: L I to `- 'I C Application Contents: A zone change application is required for approval of a rezoning to any non -planned development (straight) zone district. The following items represent a complete zone change application: I. Completed, notarized land use application form 2. Application fee _3. Signed submittal checklist (this document) 4. Proof of ownership--e.g. deed 5. Written authorization from property owner(s) if an agent acts on behalf of the owners) �6. Mineral rights certification form _7. Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format _8. Certified boundary and improvement survey of the property 9. Written request and description of the proposal _ Include a response to the zone change review criteria—these are found in Section 26-112 of the municipal code Include a justification of why the zone change is appropriate addressing these issues: • The need for the zone change. • Present and future effect on the existing zone districts, development and physical character of the area. • Access to the area, traffic patterns and impact of the requested zone on these factors. • Availability of utilities. • Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. • A discussion of the relationship between the proposal and adopted land and/or policies of the city. As applicant for this project, l hereby ensure that all of the above requirements have been included with this submittal. l fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (4 d) full review, l will be subject to the applicable resubmittal fee. I I Signature: Name (plea r� Date: /.', Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us Rev. 5/2014 City of Wheat Ridge 08/31/2015 13:56 CDBB ZONING APPLICATION FEES CDB012200 AMOUNT FMSD ZONING APPLICATION FEES 873.00 PAYMENT RECEIVED AMOUNT CHECK: 1215 873.00 TOTAL 873.00 Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) State Documentary Fee Date: (I.' �• I $ 77.50 THIS DEED, made ony U nc a r u i 5 by MARSHA HILL ECKLUND AND MELESA KAY IHLL AND JERRY REED)ER HILL AND THE BRYAN COLE THOMPSON TRUST U/A DATED SEPTEMBER 23, 2008 Grantor(s), of the County of W fOPAASON and State of TEXAS for the consideration of ($775,000.00) *** Seven Hundred Seventy Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to LIGHTWAY AT SLOAN'S LLC, A COLORADO LIMITED LIABILITY COMPANYAS TO AN UNDIVIDED 55 PERCENT INTEREST AND JEREM� BUCK AS TO AN UNDIVIDED 45 PERFECT INTEREST Grantee(s), whose street address is D WYZQ I 00 3 �j , County of and State of CZ10111AVID the following real property in the County of Jefferson, and State of Colorado, to wit: SEE ATTACHED "EXHIBIT A" also known by street and number as: 4340 HARLAN STREET WHEAT RIDGE CO 80033 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to general taxes for the year 2015 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title Matter (Section 8.1) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable Ti); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off= Record Title Matters (Section 8.2) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and other Form 13767 01/2011 swdodt Special Warranty Deed (Photographic) ABI70449071 {21987002} Land Title GTN Y14 COMPirN. t.NMI COUNTERSIGNED COUNTERSIGNED JERRY REEDER HII L THE BRYAN COLE THOMPSON TRUST U/A DATED SEPTEMBER 23, 2008 - P)6") -x, MARSHANIELL ECKLUND, TRUSTEE State of �� ) Countyof W f 1 iir►�bo-�t =ARLENEONAS7.18 The foregoing instrument was acknowledged before me on this day of by MARSHA HILL ECKLUND INDIVIDUALLY AND AS TRUSTEE OF THE BRYAN COLE THOMPSON TRUST U/A DATED SEPTEMBER 23, 2008 Witness my hand and official seal. �� My commission expires(A' 41vJA ary Public State of ) SS. County of 00UNTERSIGNED The foregoing instrument was acknowledged before me on this day of by MELESA KAY HILL Witness my hand and official seal. My commission expires Notary Public State of ) S& County of (�) The foregoing ins raiment was ackno�J%9tT6crfdtTrEIR N ED- -- by JERRY REEDER H[I J Witness my hand and official seal. My commission expires Notary Public When Recorded Return to: LIGHTWAY AT SLOAN'S LLC, A COLORADO I USI TED LIABILITY COMPANY Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) ABI70449071 {219870021 COUNTERSIGNED /A/.��, , `.. j w / WAIMEM111-1=11"Ir '11:1 LCIL THE BRYAN COLE TIMMPSON TRUST U!A DATED SEPTEMBER 23, 2006 COUNTERSIGNED MARSHA IHIJ, F.CKLUND, TRUSTEE State of ) ss.VOCounty of CaN The foregoing instrument was acknowledged before me on this day of ` by MARSHA H11 ECKLUND INDIVIDUALLY AND AS TR BRYAN COLE THOMPSON TRUST U/A DATED SEPTEMBER 23, 2008 '00 My Witness my hand and official seal. VO My commission expires State of T ) ss. (:otntty of ) )4 11te foregoing instntment wds acknowledged before me on this day of by MEELESA KAY HILL Witness my band and official seal 0 /j My commission expires ` (P State of ) ss. County of ) The foregoing inmimmem was acknowledged before me on this day of by JERRY REEDER HILL Witness my hand and official seal. My commission expires When Recorded RenQoto_ Notary Public Notary Public I � �itl�a�ti(U Ltri p:11:7j Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) ABI70449071 (21987002) UNTERSIGNED MARSHA HILL ECKLUND "OUNTERSIGNED THE BRYAN COLE THOMPSON TRUST U/A DATED SEPTEMBER 23, 2008 COUNTERSIGNED MARSHA HILL ECKLUND, TRUSTEE State of ) ss. County of ) �O The foregoing instrument was acknowledged L" on this day of by MARSHA HR I ECKLUND IND Y AND AS TRUSTEE OF THE BRYAN COLE THOMPSON TRUST U/A DATED SEPTEMBER 23, 2008 Witness my hand and offi4`V My commission expires Notary Public State of County of !;:�w The foregoing instrument was aclmowore me on this day of by MELESA KAY HILL Witness my hand and official seal - My commission expires State of � S ) �` � , KethiewHoley Pierce my cormr wim EnAw ) ss. '7� 1� 1202812017 Countyof The foregoing instrument was acknowledged before me on this day of QUvh-g- .5 a0/5 by JERRY REEDER HILL Witness my hand and official seal. My commission expires /R— Q 8— a0/7 When Recorded Retum to: LIGHTWAY AT SLOANS LLC, A CO Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) Notary Public LIMITED LIABk Lrff COMPANY ABI70449071 (21987002) 1*�441 City of eat 1 e COMMUNITY DEVELOPMENT 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, Axe"'ejasC��YI , d � of/with I �/OM3 (Print name) I (Position/Job Title) ( tity applying fbr permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for (Describe type of application) set for public hearing on 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(l), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. -OR- Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this day of bU01 t AS t 201 By.4m4a6locMe� EXHIBIT A PARCEL A: THE NORTH 75 FEET OF THE SOUTH 325 FEET OF THE EAST 145 FEET OF THE WEST 175 FEET OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE NORTHERLY 2 FEET OF LOT 9, STEVENSON SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO EXCEPT THAT PORTION CONVEYED BY QUIT CLAIM DEED RECORDED JUNE 2, 1959 IN BOOK 1197 AT PAGE 259, COUNTY OF JEFFERSON, STATE OF COLORADO. Form 13767 0112011 swd odt Special Warranty Deed (Photographic) ABI70449071 {21987002} 1_1G ITWAY August 31, 2015 Lightway at Sloans 5440 West 25111 Avenue Edgewater Co. 80214 303-862-5292 The Neighborhood meeting was held on Wednesday July 22nd at 6pm located at the City of Wheat Ridge. There were no attendees. Sincer ly, Klare ooney Lightway at Sloans — www.lightwayatsioans.com klooney(aD.lightwayatsloans.com 808-557-5022 City of �QOIMMMOUNny Wheat iclge DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: June 16, 2015 Attending Staff: Meredith Reckert, Senior Planner Location of Meeting: City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 Property Address: 4340 Harlan Street Property Owner(s): Klaire Looney & Jeremiah Buck klooney@lightwayatsloans.com Jbuck@treadglobal.com 808-557-5022 Property Owner(s) Present? Yes Applicant: Same Existing Zoning: Restricted Commercial (RC) Existing Comp. Plan: Neighborhood, Primary Commercial Corridor Existing Site Conditions: The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street. Currently the property has one structure that has a building footprint of 5,760 square feet. The property was most recently used as a specialty antique store with an ancillary residence. The site is zoned Residential Commercial (RC), and surrounding properties include a variety of zoning designations and land uses. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 square foot commercial structure zoned RC used as general offices. To the south is 2,148 square foot commercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a 1,655 square foot commercial building zoned RC and a 2,417 square foot commercial structure zoned Mixed -Use Neighborhood (MU -N). To the east is a residential neighborhood that is part of the Stevenson Subdivision zoned R-3 developed with low density residential uses. Based on Jefferson County Assessor's records, the subject property is comprised of one parcel totaling .259 acres. The property fronts along Harlan Street and has 75 feet of frontage. There is one curb cut on the south side of the property which is roughly 15 feet in width. It appears that the property utilizes a curb cut on the property to the north. . www.ci.wheatridge.co.us The property was originally built as a residence before being converted to an antique store in the 1970's. When the property was converted to commercial, the owner also constructed an addition that added roughly 4,300 square feet to the building footprint. The rear and top floor of the existing building have been used residentially. Applicant Preliminary Proposal: The applicant is proposing to convert the subject property into a daycare facility with a residential unit on the first floor and an office space for the second and third floor. The daycare facility, Lightway, would have four active staff members for fifteen children comprised of 5 babies and 10 toddlers. The residential unit is an existing condition and is located in the eastern half of the building. The office use for the second floor and third floor would be a product sourcing and development service. The applicant will not be making any alterations to the exterior of the structure. The applicant has expressed an interest to accommodate more parking and landscaping. Because the RC zoning does not allow day care facilities, a zone change to Mixed -Use Neighborhood (MU -N) is begin proposed. A day care facility is a permitted land use in MU -N. There were no attendees from the neighborhood. mo N O �t t0 CD CD Q -t, C o � O cD 3 Z ;oZ CDM cr rO.J. O CD CL 00 Q O C Z 0. 0 0 Z r C• D C/) CD m 4w6 N ch � cr z 0 N N O �t t0 CD CD Q -t, C o � O cD 3 Z ;oZ CDM cr rO.J. O CD CL 00 Q O C Z 0. 0 0 Z CD L 4w6 : O cr N 0 N � O O O " CL c i CD O CD =�• to Zone Change Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting i Step 3: Submit Comolete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes i No i 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: I Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary)` Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) Step 13: Packet to City Council for Public Hearing City of Wheat idge COMMUNITY DEVELOPMENT 4340 Harlan Street Site a ir„•:e C, City of �WheatBj l e MMUNITY 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: The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity; and 3. At least one (1) of the following conditions exists: The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city -approved policies or plans for the area. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. What is zoning? All properties within the City of Wheat Ridge are zoned. Zoning regulates what land uses are allowed and establishes standards for construction including building setbacks, lot coverage, and building height. There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. What is a zone change? A zone change is the process of changing the current zone district to a different zone district. A property owner may choose to change the zoning to use his property differently from what the existing zoning allows (e.g., residential vs. commercial). All proposed commercial, industrial and residential applications for property exceeding one acre in size must be rezoned to a planned development district. Why is a neighborhood meeting required? A neighborhood meeting is required for all zone change requests. The purpose of the meeting is to provide the opportunity for citizens to become aware of the proposed development in their neighborhood, and to allow the developer to respond to citizen concerns regarding the proposed project. All residents within 600 feet are notified of the meeting. How do I give my opinion on a zone change? All public hearings for proposed zone changes are open to the public to appear and give testimony. Testimony can include written correspondence or a statement made at the public hearing. Any written correspondence provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence should be routed through planning staff. Can I contact my council representative? Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony presented at public hearings. Please do not contact the Mayor, Planning Commissioners, or City Council representatives to discuss the merits of the case prior to the public hearings; it could jeopardize their ability to hear the case. What is a legal protest? A legal protest is a formal, written protest which can be submitted by adjacent property owners within 100' of a subject property. If 20% of property owners on one side within a 100' radius file a legal protest, it requires a three-fourths vote of City Council (6 out of 8 members present) to approve a zone change instead of a simple majority (5 out of 8 members present). A legal protest is usually filed after the Planning Commission public hearing. Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us Mailing Street Property Street Owner Owner Owner Company Address St Name Type Unit City State Zip Address St Name Type City State Zip Use ABRAHAMS EPP LIVING TRUST 2400 ISIMMS ST ILAKEWOOD CO 80215 6125 W 42ND AVE WHEAT RIDGE CO 180033 RESID AJM PROPERTY LLC 20S IFOREST ST IDENVER CO 80246 4225 GRAY ST WHEAT RIDGE CO 80212 RESID ALAMEIDA DEBORAH K BENETTI 68-315 CROZIER DR IWAIALUA HI 96791 4360 GRAY ST WHEAT RIDGE CO 80212 ANTOINETTES CAR WASH INC IPO BOX 16507 IDENVER CO 80216 5900 W 44TH AVE WHEAT RIDGE CO 180212 COMMR AVERITT TONY AVERITT TAMARA 4345 GRAY ST WHEAT RIDGE CO 80212 4345 GRAY ST WHEAT RIDGE CO 80212 RESID BACA MICHAEL A SR BACA KIMBERLY D 4355 FENTON ST DENVER CO 80212 4355 FENTON ST DENVER CO 80212 RESID BAIR JENNIFER 4310 FENTON ST MOUNTAIN VIEW CO 80212 4310 FENTON ST MOUNTAIN VIE CO 80212 RESID BARRIENTOS MARILYN B 4170 INGALLS CT WHEAT RIDGE CO 80033 4170 INGALLS CT WHEAT RIDGE CO 80033 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4360 JAY ST WHEAT RIDGE CO 80033 RESID STENZEL ERIC R STENZEL ANDREA E FENTON FAVE DENVER CO 80212 4309 FENTON ST DENVER CO 80212 RESID SWENSON ERIK SWENSON ANNETTE KENDALL WHEAT RIDGE CO 80033 5750 W 44TH AVE DENVER CO 80212 COMMRTHEISEN TALYAI AHMAD LEON 14095 FENTON MOUNTAIN VIEW CO 80212 4354 FENTON ST MOUNTAIN VIE CO 80212 RESIDTIERNEY EMIL E FENTON DENVER CO 80212 4345 FENTON ST DENVER CO 80212 RESID JOYCE L GRAY ST WHEAT RIDGE CO 80212 4325 GRAY ST WHEAT RIDGE CO 80212 RESID TIMS RUSTIN C TIMS MARCILLA D 4170 EATON ST MOUNTAIN VIEW CO 80212 4315 FENTON ST DENVER CO 80212 RESID TRENGOVE ROGER R TRENGOVE M EVE 4275 HARLAN ST WHEAT RIDGE CO 8003311_ 4275 HARLAN ST WHEAT RIDGE CO 80033 COMMR WALL JONATHAN WALL CORALYN %THOMSON REUTE PO BOX 2609 CARLSBAD CA 92018 6000 W 44TH AVE WHEAT RIDGE CO 80033 COMMR WORLD SAVINGS &LOAN ASSOCIATIO I*�44' City of 9W heat Midge CCOMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: May 14, 2015 Applicant: Klaire Looney & Jeremiah Buck klooney@lightwayatsloans.com Jbuck@treadglobal.com 808-557-5022 Attending Staff: Meredith Reckert, Senior Planner Joshua Botts, Planner I Specific Site Location: 4340 Harlan Street (PIN 39-244-99-003) Existing Zoning: RC, Residential Commercial Existing Comp. Plan: Neighborhood, Primary Commercial Con-idor History/Existing Site Conditions: The subject property is located at 4340 Harlan Street. The property is comprised of a .259 acre parcel on the east side of Harlan Street. Currently the property has one structure that has a building footprint of 5,760 square feet. The property was most recently used as a specialty antique store with an ancillary residence. The site is zoned Residential Commercial (RC), and surrounding properties include a variety of zoning designations and land uses. The 4300 block of Harlan is primarily low intensity, neighborhood commercial operations with some residences. To the north of the subject property is a 4,320 square foot commercial structure zoned RC used as general offices. To the south is 2,148 square foot commercial structure zoned RC with a tattoo shop, a dog grooming business and a residence in the rear. To the west is a 1,655 square foot commercial building zoned RC and a 2,417 square foot commercial structure zoned Mixed -Use Neighborhood (MU -N). To the east is a residential neighborhood that is part of the Stevenson Subdivision zoned R-3 developed with low density residential uses. Based on Jefferson County Assessor's records, the subject property is comprised of one parcel totaling .259 acres. The property fronts along Harlan Street and has 75 feet of frontage. There is one curb cut on the south side of the property which is roughly 15 feet in width. It appears that the property utilizes a curb cut on the property to the north. . The property was originally built as a residence before being converted to an antique store in the 1970's. When the property was converted to commercial, the owner also constructed an addition that added roughly 4,300 square feet to the building footprint. The rear and top floor of the existing building have been used residentially. Applicant Preliminary Proposal: The applicant is proposing to convert the subject property into a daycare facility with a residential unit on the first floor and an office space for the second and third floor. The daycare facility, Lightway, would have four active staff members for fifteen children comprised of 5 babies and 10 toddlers. The residential unit is an existing condition and is located in the eastern half of the building. The office use for the second floor and third floor would be a product sourcing and development service. The applicant will not be making any alterations to the exterior of the structure. The applicant has expressed an interest to accommodate more parking and landscaping. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting is required for private rezoning applications. Planning comments: The following items were discussed based on the applicant's proposal: Zoning The site is currently zoned Restricted Commercial (R -C). The intent of the zone district is to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood -oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The zoned district also provides limited neighborhood -oriented retail uses by special use approval. Under the RC zoning district, day care centers are not permitted. Because they are not allowed under the current zoning conditions, the applicant has requested a rezoning. Daycare centers are a permitted use in the Industrial -Employment (I -E) district, Commercial -One (C-1) and Commercial -Two (C-2) districts. While these zoning districts allow for daycare facilities, the intensity associated with these zoning districts are not consistent with the goals of the Comprehensive Plan and the existing neighborhood uses for the proposed location. Staff has recommended the Mixed -Use Neighborhood (MU -N) zoning district. The purpose of the MU -N district is to create a flexible approach to land uses and maintains the character and integrity of adjacent residential neighborhoods. The MU -N district is generally located along neighborhood main streets, such as Harlan Street. In addition to residential uses, the MU -N district allows for a more limited range of neighborhood serving commercial uses. 2 Parking The current site is inadequately striped and parking stalls are not clearly defined. Staff has requested the applicant provide a parking plan that meets the following requirements: Daycares require 1 parking space per each faculty or staff member plus 1 off-street loading/unloading space per each 8 students or children plus 1 parking space for each bus or van operated by the child care facility. The minimum requirement for office parking is 2 spaces per 1,000 square feet of office space. The minimum requirement for residential parking is 1 space per unit. It was suggested by Staff that a joint parking agreement be pursued with the property to the north. Building Division comments: A representative of the building division was not present. The applicant was encouraged to discuss the proposed change of use with a building representative to ensure that all building codes are met. The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014 Edition of the National Electrical Code and enforces the 2009-A 117.1 ANSI Standard for Accessible and Usable Buildings in determining requirements related to building accessibility. Designs should conform to the requirements of these codes. Please refer to the Building Division's permit submittal checklist for additional information: http://www.ci.wheatridge.co.us/I 068/Permit-Submittal-Information. Questions related to the requirements of the International Fire Code should be directed to the appropriate fire district in which the property is located. Public Works comments: The Public Works Department was not present for the meeting. It is not anticipated that any traffic or drainage documents would be required at this time. Zone Change Process: This request will require a zone change application. The zone change process can take about four months, and the first step in the process began with the pre -application meeting on May 15, 2015. The next step in the process is to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 -foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 -foot radius. A sample notification letter is attached and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. Meetings are typically held at City Hall. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed; planning staff will be present to describe the zone change process. After the neighborhood meeting is held, the applicant may submit a formal application for the zone change. An appointment with a planner is required to submit the application. The application must include a written justification of the requested zone change to MU -N. Please refer to the zone change application checklist that is attached to this summary and was distributed at the pre -application meeting. After the application is submitted, a case manager will review it for content. If all submittal requirements have been met, the application will be sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to landowners within 300 feet, and posting signs on the property are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. Using the criteria in Section 26-112.13 of the Municipal Code, the case manager will prepare a staff report and make a recommendation to present at the Planning Commission public 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. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance. Utility Providers: The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Wheat Ridge Water, phone: 303-242-2844 • Wheat Ridge Sanitation, phone: 303-424-7252 • Wheat Ridge Fire District, phone: 303-403-5900 4 All land use applications will be sent on referral to these agencies for comment; however staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Please be aware that the above comments are for general information purposes only. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision-making body (Community Development Director, Public Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate and information submitted. Attachments: Zone Change Checklist, Zone Change Criteria Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 77— v c) i RoLIDOW LAN D S U RV E Y 1 NG 5460 WARD ROAD + SUITE 160 ARVADA, COL.oRAw 80002 (303)420-4788 ENT LOCATION CERTIFICATE Scale: 1"=30' NOW Cauff ft is Based on Corbd 0 Skmmv An loprpveMCOt SvoveY M IS Reaumneaded for Pceciu Loaaionofbvp uvcmwb Nato Locofim ofFcnm Lues ifSilaown are Ap aXnnme. Feom Lae DATE OS/20/Z01Jo$#`,-5-287 CUENT EN COmWRCIAL / LAND TITLE LEGAL DESCRIPTION (PER CLIEN 1) S8 8 ATTAC�D LEGAL DESCRIPTION L I I i t � I r�--------_---------- ---- ;----------------- Palk 40 10' Accm Eayeewt Book 1190, 211 173A AspkNf o . AdreRobwlc*. 700-— , s.. USA 21.2 Asplrk Amro 10r Mom Emument Hook 1190, Palle 211 :qn _ r• �� —14 M_ Cwpw i \-per t�ndc r t 1• 1 7.1 1 1 .A y X� 5 /'777777 r +', • PARC LL W ' 4 TWO SbtY Soowe J o ^ Cwaele Pad .' 4PARCF ' - s. W1(ieasa� � Porlios afLat 9 (p+140) 133 1 d I 1 a I 0.5, soo m waa © Wi `^ t 1 LUT 9 i i 4 r I � I r I I I 30-1(L.10 I 1 .0 — 1450 I r Sva�weatCoaerddle .� t WM NWIM- Nw1/4, SEIM 1 �l t of SECbm 24, T3S. Rb9W of she 6th P.M. Calsom ExArnds ovcr Propnq Lia Wood Pre -Tapp Data Forn PreappNo: C= D >3 APP 1522 PreappDabe: 1 5;14/2015 ApplicantName: jtJaire Looney Project5tree tNo: 14340 Harlan ;t. PreappFeePd PreappFee: r NbadmeebngDate: NbadmeebngFeePd NbadmeetingFee Notes: Case .. So so Permit #: I Record: N e 536 or 536 ► ►i ► + Unfiltered Search / ► o! qr fel V Z O, Fr� - I NW -UbL--- WU �w a o Q^ 0 (a 1- H J V E+ A a a rn a � J Z o — TN } w W F W, 2u Lo O 7_ .Q o o rc p l <O O N IY p oUch F 3< W w o Oh �Q Z Q J pant; uvIir11 Ot Er OU - I ---I-- -UbL--- occ-------- !1 V rof04 I ! h I f •11•�: g � o � I b I 1 II I to 1 1� 1 I I b — v • I 1 -c• c �. I � � •�• �: • wap .. I y3 1plep� i I � ^ a I R I d -. I .. _.._ -•, OU #4, i ' (TAO T) 65Z Oftd Y6l I soup W?und poldook, OU o I rd i ► 5 -Z I to A%)o Mfa!H 8ulpmg I o I i I ,ol Sif I I I I 1 I ---- ---1 --- ---- _ i I OiL---------------0'st su I pant; uvIir11 Ot Er TREAD GLOBAL Jeremiah Buck WWW.TreadGlobal.com Product Development JBuck@TreadGlobal.cOm 0 - (303) 993- 8943 Skype _ Jeremiah.Buck c - (720) 771-1262 °"