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HomeMy WebLinkAboutWZ-15-05City of _:�9rWheatPdge ITEM NO: i DATE: November 23, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2015, - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -TWO (R-2), AGRICULTURAL,_ONE (A-1)9 NEIGHBORHOOD COMMERCIAL (NC) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE -COMMERCIAL (MU -C) FOR PROPERTY LOCATED AT 4600 KIPLING STREET (CASE NO. WZ-15- 05/ANASTASI) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (10/26/2015) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (11/23/2015) ❑ RESOLUTIONS QUASI -J DICIAL: ® YES ❑ O Community Deve pmen ireetor City Manager ISSUE: This application is for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. If approved, and prior to any construction, a conceptual site plan and a site development plan review will be required to confirm compliance with the City zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. A consolidation plat would be required as well. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 1, 2015. The Planning Commission recommends approval of this request. The staff report and meeting minutes from the Planning Commission public hearing have been attached. Council Action Form — Zone Change for 4600 Kipling Street November 23, 2015 Page 2 FINANCIAL IMPACT: Fees in the amount of $2,392 were collected for the review and processing of Case No. WZ-15-O5. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the redevelopment of underutilized properties and investment in the Kipling Street corridor. BACKGROUND: Subject Property The property is located at the northeast corner of W. 44h Avenue and Kipling and includes four vacant parcels. All four lots are under single ownership and the total size of the site is approximately 12.4 acres. The parcel at the hard corner of 44th and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. Surrounding Land Uses The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is honed R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44 Avenue to the south are small commercial properties zoned C-1. Across Kipling to the west are the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. Current and Proposed Zoning The property currently has four separate zonings on it — R-2, A-1, NC and PCD. The R-2 zoning allows single and two-family dwellings. The A-1 zoning also has a limited -use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The NC zone district is the City's most restrictive commercial zone district, allowing low impact uses such as small offices and personal services. The Planned Development zoning on the north end generally allows C -I uses. The purpose of the MU -C zone district is to create a flexible approach to land use and to enhance the character of the City's commercial corridors by promoting development that accommodates a mix of land uses, is more urban in character, and is more pedestrian friendly. There is no development scenario proposed for the property at this time. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 27-2015, an ordinance approving a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property Council Action Form — Zone Change for 4600 Kipling Street November 23, 2015 Page 3 located at 4600 Kipling Street on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." •o "I move to deny Council Bill No. 27-2015, an ordinance approving a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling 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/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 27-2015 2. Planning Commission staff report 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WOODEN COUNCIL BILL NO. 27 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -TWO (R-2), AGRICULTURAL -ONE (A-1), NEIGHBORHOOD COMMERCIAL (NC), AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE COMMERCIAL (MU -C)) FOR PROPERTY LOCATED AT 4600 KIPLING STREET (CASE NO. WZ-15-05/ANASTASI) 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, 4600 Kipling LLC has submitted a land use application for approval of a zone change to Mixed Use Commercial zone district for property located at 4600 Kipling Street; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use – Commercial zone district will accommodate redevelopment of the site; 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 4600 Kipling LLC for approval of a zone change ordinance from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use - Commercial (MU -C) for property located at 4600 Kipling 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: PARCELI: Lot 1, Block 1, CHADO SUBDIVISION County of Jefferson, State of Colorado. Attachment 1 PARCEL II: Beginning at the Southwest corner of Tract 13, JUCHEM'S GARDEN PLACE, thence North along the West line of said Tract 13, 36 feet; thence East on a line parallel to the South line of Tract 13, JUCHEM'S GARDEN PLACE, to center line of Third Street; thence South along the center line of Third Street 66 feet to center line of Flora Street; thence West along the center line of Flora Street to a point which is 30 feet South of the Southwest corner of said Tract 13; thence North 30 feet to the Southwest corner of said Tract 13, which is the place of beginning. EXCEPT that portion of the above-described property described in Deed recorded February 16, 1969, in Book 1175, at Page 522. AND EXCEPT that portion of the above-described property described in Deed recorded September 8, 1969, in Book 2130, at Page 552. AND EXCEPT that portion of the above-described property described in Deed recorded August 18, 1988, at Reception Number 88080612, (intending to convey the South 36 feet of Tract 13, JUCHEM'S GARDEN PLACE, together with'/2 of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West) County of Jefferson, State of Colorado. PARCEL III: That portion of the Southwest'/4 Northwest'/ Northwest'/4 of Section 22, Township 3 South, Range 69 West of the 6th P.M., described as follows: The West 330.57 feet of the South 150 feet of the North 594 feet, EXCEPT that portion conveyed to the Department of Highways, State of Colorado in Deed recorded August 11, 1969, in Book 2124, at Page 188; AND EXCEPT any portion described in Deed recorded December 11, 1986, at Reception Number 86153163, County of Jefferson, State of Colorado. PARCEL IV: That part of the Northwest'/ of Section 22, Township 3 South, Range 69 West of the 6th P.M., described as follows: Commencing at the Northwest corner of Section 22, Township 3 South, Range 69 West of the 6 thP.M.; thence South 00°09' West, along the West line of said Section 22, 660.00 feet; thence North 89055' East, 45.00 feet to the true point of beginning; thence North 89°55' East, 285.45 feet; thence South 00°08' West, 444.00 feet; thence South 89055' West, 285.57 feet; thence North 00°09' East, 444.00 feet to the true point of beginning. County of Jefferson, State of Colorado. Section 2. Vested Property Rights Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of October, 2015, ordered it published with Public Hearing and consideration on final passage set for Monday, November 23, 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 23rd day of November, 2015. SIGNED by the Mayor on this day of Joyce Jay, Mayor 2015. ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1 SI publication: October 29, 2015 2nd publication: Wheat Ridge Transcript: Effective Date: PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION October 1, 2015 Case No. WZ-15-05: An application for approval of a zone change from Residential- Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling Street. (Please print) Name Address In Favor/Opposed ' WC Of �cnWheat i e MI TY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: October 1, 2015 CASE NO. & NAME: WZ-15-05/Anastasi ACTION REQUESTED: Approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) LOCATION OF REQUEST: 4600 Kipling PROPERTY OWNER: 4600 Kipling LLC APPROXIMATE AREA: 12.54 acres PRESENT ZONING COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) Primary Commercial Corridor, Mixed Use Commercial CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of a zone change from Residential Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use — Commercial (MU -C) for property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. If approved, and prior to any construction, a conceptual site plan and a site development plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. A consolidation plat would be required as well. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. (Exhibit 1, Applicant Letter) H. EXISTING CONDITIONS/PROPERTY HISTORY The property is located at the northeast corner of W. 44`h Avenue and Kipling and includes four vacant parcels with split zoning with four different zone districts covering the property: Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD). All four lots are under single ownership and the total size of the site is approximately 12.4 acres in size. The parcel at the hard corner of 44`h and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. (Exhibit 2, Aerial Photo) The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44`h Avenue to the south are small commercial properties zoned C-1. Across Kipling to the east are the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. (Exhibit 3, Zoning Map) The property is flat with a four foot grade change from the west to east. There are a various mature trees on the property which appear to be elms and cottonwoods. (Exhibit 4, Site Photos) III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use — Commercial (MU -C). This zone district is generally located along major commercial corridors and at community and employment activity centers and is established to encourage medium to high density mixed use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. 2 Planning Commission WZ-15-05/Anastasi The purpose of the MU -C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial corridors by promoting development that accommodates a mix of land uses, is more urban in character, and is more pedestrian friendly. The property currently has four separate zonings on it — R-2, A-1, NC and PCD. The R-2 zoning allows single and two family dwellings. The A-1 zoning also has a limited use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The NC zone district is the City's most restricted commercial zone district allowing low impact uses such as small offices and personal services. The Planned Development zoning on the north end generally allows C-1 uses. The most intensive zoning on the property is the PCD with the least intensive zoning being R-2. The following table compares the existing R-2 and PCD zoning and proposed zoning for the property. Development R-2 zoning PCD zoning MU -C zoning Standard Uses Single family Commercial uses Residential and and two family (office, service and commercial uses residential retail) including (office, service and restaurants, fueling retail, restaurant ) stations, RV and auto Drive thru uses, gas sales and service stations and car repair as conditional uses Architectural None None specified but Mixed Use Standards would have to follow development standards ASDM specified in zone district — similar to ASDM Max. Building Height 35' 50' **Mixed Use — 6 stories **Single use — 4 stories ** Except in urban renewal areas where there are no height and density maximums Max. Lot Coverage 40% 40% 80% Min. Landscaping N/A 10% Mixed use — 10% Single use - 15% Min. Front Setback 25' 50'1 0'-20' build -to If the rezoning is approved, the applicant would then submit for administrative plan reviews. The concept plan review requires neighborhood notification regarding the submittal. The design Planning Commission WZ-15-05/Anastasi 3 for the property would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.13.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the table above, the PCD and MU- C have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. The property with proximity to Kipling Street would be undesirable for low density residential development. 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 with improvements installed at the developer's expense. Prior to issuance of a building permit, an administrative concept plan review and site development plan applications will be required and referred to all impacted utility and service agencies 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. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies Kipling as a primary commercial corridor and is high on the City's list of redevelopment priorities. While a recreation focus is further south centering around the rec center and greenbelt, this portion of the corridor is appropriate for higher intensity uses with taller buildings and high quality design. The interior of the site is designated as Mixed Use Commercial. Planning Commission 4 WZ-15-05/Anastasi Excerpt from Envision Wheat Goals met with the proposal include the redevelopment and reinvestment of underutilized commercial areas with denser, high quality development. 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 zoning designations as they appear on the City are 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. Commercial development along the Kipling Street corridor continues to intensify with new redevelopment of and reinvestment in tired, outdated structures and sites. Examples of this newer construction include the GreenHerb building located 4585 Kipling completed in 2013, the new Vitamin Cottage at 9500 W. 49`h Avenue and the Kipling Ridge development at the southwest corner of Kipling and 38`h Avenue, both of which were completed in 2015. Kipling is a state highway, is classified as a Principal Arterial and carries over 41,000 vehicle trips per day. As such, the use of the property as low density residential is not desirable. Planning Commission WZ-15-05/Anastasi The city is in the process of installing a 10' wide multi -use trail from 32nd Avenue north to 44`h Avenue. Redevelopment of this site will result in extension of this trail to the northern perimeter of the property supporting the goal of increased pedestrian and bicycle connections. A zone change will consolidate the zoning on the property and prepare it for redevelopment. The redevelopment of this parcel could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The Comprehensive Plan recognizes the need for upgraded commercial space and alternative housing options. The rezoning to Mixed Use will aid in the progress to develop the property which will then provide services and goods to residents of Wheat Ridge and commuters along the I- 70 corridor. The rezone also aids in the assemblage of the land under one zone district which will promote the marketability of the property to developers. . Staff concludes that this criterion has been met. 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. A meeting for neighborhood input was held on October 28, 2014. Roughly 20 persons were in attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibit 5 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: Arvada Fire Protection District: Can serve the property with improvements installed at the developer's expense to be assessed at the time of site plan review. Valley Water District: Can serve the property. Planning Commission 6 WZ-15-05/Anastasi Wheat Ridge Economic Development: The Economic Development division and Urban Renewal fully supports the re -zone application. The zone change does not conflict with the Kipling Corridors Urban Renewal Plan and therefore meets all the goals and objectives of the plan. Wheat Ridge Public Works: A drainage plan and traffic report will be required to be reviewed as part of the concept and site plan processes. Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Pian. The zone change will consolidate zoning on the property and prepare it for redevelopment. Redevelopment of the property may serve as a catalyst for other property redevelopment or improvements in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-05. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-15-05, a request for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use — Commercial (MU -C) for property located at 4600 Kipling 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 consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request." Planning Commission WZ-15-05/Anastasi 7 Option B: "I move to recommend DENIAL of Case No. WZ-15-05, a request for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use — Commercial (MU -C), for property located at 4600 Kipling Street. for the following reasons: Planning Commission 8 W Z-15-05/Anastasi =Exhibit1 —Applicant letter Michael G. Pharo Associates, LLC July 7, 2015 Ms. Meredith Recken, Senior Planner City of Wheat Ridge 7500 West 20 Avenue Wheat Ridge, Colorado 80033 Re: NEQ West 441" Avenue & Kipling hear Ms. Reckert: The purpose of this letter is to detail our razorting request and provide a description of the proposal. Included herein is a response to the six items listed on themit�al Checkli Zone Chane and a response to the three items listed in Sec. 26Private Rezoninv �� f the Municipal Code. Our request is to re -Zone the property to Mixed Use — Commercial. Ibis would Wmw idatc tuu, xparatc /awe categories kit -2, A. 1, NC NO Pl :U) which are currently in place on the existing parcels of the 12.4 -acre property. We have previously met with you and members of the Wheat Ridge staff and have had a Neighborhood Meeting. Per Sec. 26 - 112 Priv to Re:coninas provided in the Municipal Code, we provide the following response; El. The change of zone promotes the health, safety and general welfare of the community and will ►rot result in a significant adverse effect on the surrounding area: We believe the ultimate result of this rezoning will be a positive effect on the surrounding arca. As zoned. the property is almost undevelopable given the nature of the unrelated zone classifications. Rezoning the property W MU -C will provide a uniform zone well suited to the medium -to -higher intensity land use opportunities afforded by the arterial/ arterial location. E2 Adequate infrastrwjwe06cilitier are available to serve the type of uses allowed by the change of wne, or the applicant will ryrgrade and provide such where they div not exist or are ander capacity; The property is well served with existing water and sanitary sewer service.We anticipate normal extensions to serve the land uses on the property. Should of1� site utility upgrades be required, we will address the situation as required. Surrounding arterial roads on the wrest and south provide excellent vehicular access. We have confirmed with your staff and C'DOT that access can be obtained from both West 44h Avenue and Kipling, We hope to be able to define the primary internal toad alignment as part of this rezoning. "I uVh Lh•pre N;rcct l Mkhui. t olonklo go 128 94— .303.783-3772 Planning Commission WZ-15-05/Anastasi 9 E9 At least one of the following conditions exists. u. The chanke of zone is in conformancc. ur will bring she property into conformance with the Cih, of Wheat Ridge comprehensive Plan goals. ohjectires deed intlicirs, and other CNp upprowd policies or plans for the area b. The existing zone classification currently recorded on the officiul zoning +naps of the Ory of 117►eat 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 u_% the area or to recognize the changing character of the area d. The proposed zoning is necessary in order to provide fior a communi{y need that was not anticipated at the time of the adoption of the C'iq of Wheat Ridge comprehensive plan. Without doubt this rezoning conforms to the language of DA, The medium -err higher intensity land uses which this reaming will allow is in direct compliance with those goals and objectives of the City for lands located along arterial roadway corridors. The City's Comprehensive Plan reflects medium -to -higher intensity residential, office and retail uses on all portions of the property. The City's Zoning Map is not in error, but it delineates the above-mentioned checkerboard zoning pattern currently in place. One might argue that a change of character is occurring in the arra. This chartgc is manifested in the interests shown by the developtttent community. Surrounding lands are either developed or are being developed. therefore. arca wide changes are occurring and undeveloped properties are being considered by a vahety of residential and commercial developers. Recent interest in portions of thi% property include consideration of a sit-down restaurant and an animal clinic hospital. these uses should be considered normal and anticipated. We are not aware of interest by those who might envi.=.ion something previously unforeseen. lite Submittal Checklist Zone C'harutc form lists six items to be addressed. • The need for zone change. The need for zone change includes the consideration of four existing zones into a contemporary mixed use wnc that allows for significant flexibility in the markctptace. The MU -C zone allows a wide variety of residential, office and retail uses which is consistent with the development goals of the City. • Present and future effect on the existing zone districts. development and pkiiical character of the area. The present and future effect of Planning Commission 10 WZ-15-05/Anastasi the existing Zonr districts is to prohibit rational development of the property There would be no unified or cohesive development of the property and the physical character of the area swill remain as is. .access to the area, traffic pultera, and improv Ill the requested zone on these factors. Preliminary discussions with personnel at the City's engineering department and with the traffic planning staff at CLX -)T confirm the likelihood of a full -movement intersection on V1 w 441h Avenue at the Jeliiwn Street alignment and another full -movement intersection on tripling at a c<�mpatible distance north of the West 440' Avenue inlcrwetiwl. Access to individual development parcels could be by an internal spine road. ideally designed to diwourage cut -through L1,211 ;L faun, tlm P� ilIleter arterial rnaaways, • 4%•aiIabiI tygfutilft}es, Both water and sanitary scu-er services are available from area providers in a capacity capable of supporting medium to high -development intensities on the property. Existing lines located in the perimeter arterial rights of way µill be extended into the property as required. Present and.juture e#ecr on public.facilities and Sen4ces, srtc'h a► .lre, police, water. sanirarion, roadwms, parks, schools. ere. At the present time with the property undeveloped there is virtually no effect on public service providers. Development of the 12.4 -acre property will generate a lower level of required public service which will have minimal impact on the various service providers. A discussion of the relattornship between the proposal and adopted land artrbor policies of the city. Development of the property for medium -to -higher intensity residential, office or retail land uses is consistent with the present eliatc anrt d7J. �'tivss f We City. Tho proposed M1J-C zonc not only provides for the desirable land use types, but also requires various site and landscape design components supported by the City. Please let me know if I need to & mnrr Or rrr�t.id,; additiursal infitrmation ut this time. ly. 4M, G. Pharo MGP/kp c: Lloyd Anastasi Planning Commission WZ-15-05/Anastasi Exhibit 2 — Aerial Map 12 Planning Commission WZ-15-05/Anastasi Exhibit 3 — Zoning Map Planning Commission W Z- l 5-05/Anastasi 13 Exhibit 4 — Site Photos J4 Looking northwest at fueling station on the corner of 44`h and Kipling Looking north from West 44`h Avenue Planning Commission 14 W Z-15-05/Anastasi Looking north from West 44`h Avenue Looking west on 44`h towards Kipling Planning Commission WZ-15-05/Anastasi 15 Looking east from Kipling Street Looking east from Kipling Street Planning Commission 16 WZ-15-05/Anastasi F north toward from 44`h Planning Commission l WZ- 15-05/Anastasi Exhibit 6 — Neighborhood Meeting Notes d. city of W heat Rid COMMUNITY DEVELOPMENT CA) of Wheat Ridge Municipal Building 7500 W. 20" Aye. Wheat Ridge. CO 90033.9001 P:.;0.1,2316.21146 F: 303235.2 NEIGHBORHOOD MEETING NOTES Meeting Date: October 28. 2014 Attending Staff: Meredith Reckert, Senior Planner Steve Art. Economic Development Manager Location of Meeting: Wheat Ridge Municipal Building Second floor conference mom 7500 W. 2941, Avenue Wheat Ridge, CO Property Address: Property generally addressed as 4600 Kipling - Northeast corner of W. 40' Avenue and Kipling Street. including 4540.4600, and 4650 Kipling and vacant land (PIN 39-222- fl{1-(I! 8 j Propert 01%ner(s): Lloyd Anastasi Propert} t %%ner(s) Present? No .-Applicant: Mike Pharo Finail mplandplan:a�aol.com Phone: 303.783.3772 7777 Dept++- Street Littleton. CO 80128 Eaioilig Zoning: Planned Commercial Development (P('D), Agricultural - One (A - I ), Neighborhood Commercial (NC), and Residential -Two (R-2). Existing Comp. Plan: Mixed Use Commercial. Primary Commercial Corridor, Neighborhood Commercial Corridor Existing Site Conditions: The property is located at the northeast corner of W. 4441, Avenue and Kipling and includes four vacant parcels with split zoning with four different Zone districts covering the property: Planned Commercial Development (PCD). Agricultural -One (A-1). Neighborhood Commercial (NC). and Residential -Two (R-2). All four lots arc under single ownership and the total size of the site is appmximatelyl 2.4 acres in size. The parcel at the hard corner of 44°i and Kipling is excluded from the subject site: this property is under separate ownership and includes a fueling station and convenience store. Planning Commission 18 WZ-15-05/Anastasi The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44'h Avenue to the south are small commercial properties zoned C-1. Across Kipling to the cast are the Kipling Village and Camelot Club Apartmonts R-3 and PRD, an zoned herbal supplement store zoned C-1, art office building zoned NC, and a church with split zoning. ApplicanVOwner Preliminan, Proposal: The applicant is proposing to rezone the entire property to Mixed Use -Commercial MU -C . sn specific development being proposed at this time. The purliose of thThere o zoning and prepare for future development. e none change to consolidate the The following h a summan• of the neighborhood meeting; • in addition to stall; 19 members of the public attended the neighborhood meeting. • Statiexplained the site conditions, zoning in the nei borh request, cod, and the reason for the rezoning • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • Neighbors compared the proposed desigm to a previous multi-tamily development and were more receptive the applicant's single-family proposal, Concerns were related to drainage, preservation of existing trees, additional traffic o» W. 44"' and Kipling and Perimeter fencing. The following Issues were discussed regarding the zone change request and proposed development: How will access to Kipling be determined? Kipling is a state high►rung and a tra(lic impncr stud► it be required to be submitted to the Cir►,. and CDOF to determine access into the site. !t is likely that there ►rill be a major access point from Kipling Which will be signalized at the mid_, in, of the pro/Jerry. Access Jrom 44 k Avemuc uyU no located across %i c►m Jellison Street on the south. What types of uses are being proposed for the property! Theproposed Mixed -Use Commercial srhich allot,:s both residential and coet�! !ate uses. nge1J uld be to Wrt o►rner is located out ofstate and is not interested in de► eloping it, He ►aotdd like to obtain consolidated coning on the property and would like to sell it to develop it. someone else isho ►► ould then Will Renewal Wheat Ridge get involved in the development?Not unless the developer is asking for rax inc+cment.Tnancing. It is too ear4-in the process to knoll Does staff think that the property is appropriate for residential development? Not runless the residential units were ancillano to a primarn- commercial use on a seco of the southern portion ofnd level or on the eastern side the %t. A woman with a home on Independence Sh-cel expressed concern that new construction on the parcel will block her view of the mountains. How tall can buildings be in the Mixed -Use Commercial zone district'? Buildings that haiie a mix of user (retail and residential, eg), are allowed UP to eight stories and structures that have only one use can be six stories in height. It is highly doubtful that suwctures on rhe pr•oper0' Will exceed nvo-to-three stories because there ism 't enough land area. 7Yre taller the building, the more square footage and more parking ii required. Planning Commission WZ-15-05/Anastasi 19 Are there other options than zoning to mixed use' Once the zoning appro%al is given. there is no opportunity for neighborhood input? The applicant could apphv for a zone change to Planned Commercial Develolmrenl but it is a nwrr rigorvees process due to plans.for development required as Ixert of the public hearings. Are marijuana businesses allowed in mixed use zoning? Marijuana businesses are not allowed in the mixed ecce .oning districts. has the current owner held the property' it was noted that nes development on the property may have a positive impact on some undersirable uses further to the north. Staff received no written comment prior to the neighborh(x-A meeting. 20 planning Commission WZ-15-05/Anastasi 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearinb on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-15-05: 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 a zone change from Residential -Two (R-2), Agricultural - One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for the property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. Ms. Reckert stated that the purpose of the MU -C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial areas by promoting development that accommodates a mix of land uses, is more urban in character and is more pedestrian friendly. Ms. Reckert compared the development standards in the least intensive zoning (R-2) and most intensive zoning (PCD) on the property currently with the MU -C zoning that is proposed. She had made one change with regards to the maximum building height in the MU -C zoning, as pointed out by Vice Chair Ohm. A single use can go up to 4 stories except in urban renewals where there are no height and density limitations. A neighborhood meeting was held on October 28, 2014 with 20-25 people showing up. One woman who lived on Independence was concerned with the possibility of her view being blocked and increased traffic, but they attendees were generally supportive of the rezoning. For the public hearing noticing, three phone calls were received just questioning what the application was about and no letters were received. There were also no concerns from city departments or agencies. Ms. Reckert stated that the change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan and that Kipling is a primary commercial corridor which already allows for higher traffic volumes and is high on the City's list of redevelopment priorities. The property, if zoned MU -C, would be appropriate for higher density, taller buildings and high quality design. Planning Commission Minutes September 17, 2015 Attachment 3 IPM Also. the City is in the process of installing a new 10 -foot wide multi -use trail extending from 32"d Avenue to 44°i Avenue and when this property develops the developer will be expected to extend the trail north from 40 Avenue to the northern part of the property which will increased pedestrian and bicycle connections. Commissioner Boden asked to elaborate on the notes in the neighborhood meeting with concern to the height restrictions. Also, he asked if there were any concerns from the neighborhood school about rezoning. Ms. Reckert stated that with regard to the height of the buildings; the higher the building, the more parking will be needed and it is unlikely that structured parking will be built. There also has to be 15% landscape coverage on the property. In response to the second question, there was no concern from the school. Vice Chair OHM opened the Public Hearing. Mike Pharo 7777 S. Depew Street, Littleton The applicant, Mike Pharo, came forward to speak. He stated he is representing the property owner, Lloyd Anastasi, and because of the various zonings on the property it is virtually impossible to develop the land and they want to clean it up. Also, with a single zoning district there is a uniform method of accessing the property and CDOT will allow full movement. Also, it is the objectives of the ownership group to sell this parcel to local developers for development. Commissioner KIMSEY asked if the basis for the zone change is to market the property. Mr. Pharo replied positively. Vice Chair OHM closed the Public Hearing. It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to recommend APPROVAL of Case No. WZ-15-05, a request for approval of zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling 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 redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. Planning Commission Minutes -3— September 3_September 17, 2015 City of W heat Ridgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-05 Date of City Council hearing: November 23, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 21 letters on November 6, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Date: �� 5 City Of Wheatidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) November 6, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-05, an application filed by Michael Pharo for approval of a zone change from R-2, A-1, NC and PCD to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling 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: City Council November 23, 2015 a 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. www.ci.wheatridge.co.us FRENS KENNETH H T A INVESTMENT COMPANY KETELSEN CAMPERS OF 09615 GRANDVIEW AVE 01375 E TUFTS AVE COLORADO INC ARVADA CO 80002 ENGLEWOOD CO 80110 09870 W I-70 FRONTAGE RD WHEAT RIDGE CO 80033 JEFFERSON COUNTY SCHOOL FOX MAURICE F FIKE LARRY L JEFFERSON AV COMMUNITY DIST R1 04465 KIPLING ST METHODIST CHURCH 01829 DENVER WEST DR WHEAT RIDGE CO 80033 04425 KIPLING ST GOLDEN CO 80419 WHEAT RIDGE CO 80033 SUNCOR ENERGY SALES INC 00717 17TH ST 2900 DENVER CO 80202 CLUCK NELL L 09890 W 44TH AVE WHEAT RIDGE CO 80033 INTERSTATE 17 INC 02070 S JAMAICA CT AURORA CO 80014 LEGEND PROPERTIES LLC 03650 VANCE ST 1 WHEAT RIDGE CO 80033 RAHMANI AZAR GHOLAMREZA 00010 E 120TH 'AVE NORTHGLENN CO 80233 KIPLING VILLAGE LLC 3605 LONG BEACH BLVD 428 LONG BEACH CA 90807 VANGI KELLY F VANGI VINCENZO III 11754 W 76TH LN ARVADA CO 80005 EVANS JOHN CHARLES 09920 W 44TH AVE WHEAT RIDGE CO 80033 T & M PROPERTIES INC 05406 W PRENTICE CIR LITTLETON CO 80123 MUSEL MASSTER LLC DBA THE GREEN HERB 04565 KIPLING ST WHEAT RIDGE CO 80033 SHEARD FAMILY TRUST 09840 W 44TH AVE WHEAT RIDGE CO 80033 JELLISON APARTMENTS LLC 04465 KIPLING ST WHEAT RIDGE CO 80033 LEIGHT HAROLD C LEIGHT COSGROVE PROPERTIES LLC MARRIOTT JOHN MARSHALL III CAROLE Q 09800 W 44TH AVE MARRIOTT JOHN MARSHALL JR 00400 W 48TH AVE MARRIOTT JOANNE D DENVER CO 80216 WHEAT RIDGE CO 80033 09710 W 76TH PL ARVADA CO 80005 CiV"_�t (-)"\ ( �-O) �Orw'yohei%e �- ITEM NO: � r� DATE: October 26, 2015 V REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2015 - AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -TWO (R-2), AGRICULTURAL -ONE (A-1)9 NEIGHBORHOOD COMMERCIAL (NC) AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE -COMMERCIAL (MU -C) FOR PROPERTY LOCATED AT 4600 KIPLING STREET (CASE NO. WZ-15- 05/ANASTASI) ❑ PUBLIC HEARING ® ORDINANCES FOR I" READING (10/26/2015) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (11/23/2015) ❑ RESOLUTIONS QUASI-JU ICIAL: ® YES ❑ NO .l.0 ommun Develo ment r City Manager ISSUE: This application is for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. If approved, and prior to any construction, a conceptual site plan and a site development plan review will be required to confirm compliance with the City zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. A consolidation plat would be required as well. PRIOR ACTION: Planning Commission heard the request at a public hearing on October 1, 2015. The Planning Commission recommends approval of this request. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. Council Action Form — Zone Change for 4600 Kipling Street October 26, 2015 Page 2 FINANCIAL IMPACT: Fees in the amount of $2,392 were collected for the review and processing of Case No. WZ-15-O5. If the proposed rezoning is approved, there could be an advancement of the City's goals for economic development, including the redevelopment of underutilized properties and investment in the Kipling Street corridor. BACKGROUND: Subject Property The property is located at the northeast corner of W. 44th Avenue and Kipling and includes four vacant parcels. All four lots are under single ownership and the total size of the site is approximately 12.4 acres. The parcel at the hard corner of 44`h and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. Surrounding Land Uses The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44`h Avenue to the south are small commercial properties zoned C-1. Across Kipling to the west are the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. Current and Proposed Zoning The property currently has four separate zonings on it — R-2, A-1, NC and PCD. The R-2 zoning allows single and two-family dwellings. The A-1 zoning also has a limited -use list and includes single family residential and agricultural uses such as general farming, horse stables and landscape nurseries. The NC zone district is the City's most restrictive pommercial zone district, allowing low impact uses such as small offices and personal services. The Planned Development zoning on the north end generally allows C-1 uses. The purpose of the MU -C zone district is to create a flexible approach to land use and to enhance the character of the City's commercial corridors by promoting development that accommodates a mix of land uses, is more urban in character, and is more pedestrian friendly. There is no development scenario proposed for the property at this time. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site redevelopment. RECOMMENDED MOTION: "I move to approve Council Bill No. 27-2015, an ordinance approving a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling Street on first reading, order it published, public hearing set for Council Action Form — Zone Change for 4600 Kipling Street October 26, 2015 Page 3 Monday, November 23, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 27-2015 INTRODUCED CITY OF WHEAT RIDGE BY COUNCIL MEMBER COUNCIL BILL NO. 27 ORDINANCE NO. Series of 2015 TITLE: AN ORDINANCE APPROVING A ZONE CHANGE FROM RESIDENTIAL -TWO (R-2), AGRICULTURAL -ONE (A-1), NEIGHBORHOOD COMMERCIAL (NC), AND PLANNED COMMERCIAL DEVELOPMENT (PCD) TO MIXED USE COMMERCIAL (MU -C)) FOR PROPERTY LOCATED AT 4600 KIPLING STREET (CASE NO. WZ-15-05/ANASTASI) 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, 4600 Kipling LLC has submitted a land use application for approval of a zone change to Mixed Use Commercial zone district for property located at 4600 Kipling Street; and, WHEREAS, the subject property has long been underutilized, and the Mixed Use – Commercial zone district will accommodate redevelopment of the site; 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 4600 Kipling LLC for approval of a zone change ordinance from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use - Commercial (MU -C) for property located at 4600 Kipling 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: PARCELL Lot 1, Block 1, CHADO SUBDIVISION County of Jefferson, State of Colorado. PARCEL II: ATTACHMENT 1 Beginning at the Southwest corner of Tract 13, JUCHEM'S GARDEN PLACE; thence North along the West line of said Tract 13, 36 feet; thence East on a line parallel to the South line of Tract 13, JUCHEM'S GARDEN PLACE, to center line of Third Street; thence South along the center line of Third Street 66 feet to center line of Flora Street; thence West along the center line of Flora Street to a point which is 30 feet South of the Southwest corner of said Tract 13; thence North 30 feet to the Southwest corner of said Tract 13, which is the place of beginning. EXCEPT that portion of the above-described property described in Deed recorded February 16, 1969, in Book 1175, at Page 522. AND EXCEPT that portion of the above-described property described in Deed recorded September 8, 1969, in Book 2130, at Page 552. AND EXCEPT that portion of the above-described property described in Deed recorded August 18, 1988, at Reception Number 88080612, (intending to convey the South 36 feet of Tract 13, JUCHEM'S GARDEN PLACE, together with '/2 of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West) County of Jefferson, State of Colorado. PARCEL III: That portion of the Southwest'/4 Northwest'/4 Northwest'/ of Section 22, Township 3 South, Range 69 West of the 6t" P.M., described as follows: The West 330.57 feet of the South 150 feet of the North 594 feet, EXCEPT that portion conveyed to the Department of Highways, State of Colorado in Deed recorded August 11, 1969, in Book 2124, at Page 188; AND EXCEPT any portion described in Deed recorded December 11, 1986, at Reception Number 86153163, County of Jefferson, State of Colorado. PARCEL IV: That part of the Northwest'/ of Section 22, Township 3 South, Range 69 West of the 6t" P.M., described as follows: Commencing at the Northwest corner of Section 22, Township 3 South, Range 69 West of the 6t" P.M.; thence South 00°09' West, along the West line of said Section 22, 660.00 feet; thence North 89°55' East, 45.00 feet to the true point of beginning; thence North 89055' East, 285.45 feet; thence South 00°08' West, 444.00 feet; thence South 89°55' West, 285.57 feet; thence North 00°09' East, 444.00 feet to the true point of beginning. County of Jefferson, State of Colorado. Section 2. Vested Property Rights Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to this 26th day of October, 2015, ordered it published with Public Hearing and —on consideration on final passage set for Monday, November 23, 2015 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 291h 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 23rd day of November, 2015. SIGNED by the Mayor on this day of 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1 S1 publication: 2nd publication: Wheat Ridge Transcript: Effective Date: 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-15-05: 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 a zone change from Residential -Two (R-2), Agricultural - One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for the property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. Ms. Reckert stated that the purpose of the MU -C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial areas by promoting development that accommodates a mix of land uses, is more urban in character and is more pedestrian friendly. Ms. Reckert compared the development standards in the least intensive zoning (R-2) and most intensive zoning (PCD) on the property currently with the MU -C zoning that is proposed. She had made one change with regards to the maximum building height in the MU -C zoning, as pointed out by Vice Chair Ohm. A single use can go up to 4 stories except in urban renewals where there are no height and density limitations. A neighborhood meeting was held on October 28, 2014 with 20-25 people showing up. One woman who lived on Independence was concerned with the possibility of her view being blocked and increased traffic, but they attendees were generally supportive of the rezoning. For the public hearing noticing, three phone calls were received just questioning what the application was about and no letters were received. There were also no concerns from city departments or agencies. Ms. Reckert stated that the change of zone is in conformance with the City of Wheat Ridge Comprehensive Plan and that Kipling is a primary commercial corridor which already allows for higher traffic volumes and is high on the City's list of redevelopment priorities. The property, if zoned MU -C, would be appropriate for higher density, taller buildings and high quality design. Planning Commission Minutes -2— September 2_September 17, 2015 Also. the City is in the process of installing a new 10 -foot wide multi -use trail extending from 32"d Avenue to 44`1' Avenue and when this property develops the developer will be expected to extend the trail north from 44`h Avenue to the northern part of the property which will increased pedestrian and bicycle connections. Commissioner Boden asked to elaborate on the notes in the neighborhood meeting with concern to the height restrictions. Also, he asked if there were any concerns from the neighborhood school about rezoning. Ms. Reckert stated that with regard to the height of the buildings; the higher the building, the more parking will be needed and it is unlikely that structured parking will be built. There also has to be 15% landscape coverage on the property. In response to the second question, there was no concern from the school. Vice Chair OHM opened the Public Hearing. Mike Pharo 7777 S. Depew Street, Littleton The applicant, Mike Pharo, came forward to speak. He stated he is representing the property owner, Lloyd Anastasi, and because of the various zonings on the property it is virtually impossible to develop the land and they want to clean it up. Also, with a single zoning district there is a uniform method of accessing the property and CDOT will allow full movement. Also, it is the objectives of the ownership group to sell this parcel to local developers for development. Commissioner KIMSEY asked if the basis for the zone change is to market the property. Mr. Pharo replied positively. Vice Chair OHM closed the Public Hearing. It was moved by Commissioner KIMSEY and seconded by Commissioner DORSEY to recommend APPROVAL of Case No. WZ-15-05, a request for approval of zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) for property located at 4600 Kipling 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 redevelopment in the area. 4. The criteria used to evaluate a zone change support the request. Planning Commission Minutes September 17, 2015 - 3 — The motion was approved 5-0. B. Case No. WZ-15-07: Ms. Mikulak 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. Ms. Mikulak stated the property is at the southeast corner of W. 38'" Avenue and Wadsworth Boulevard and is just less than one acre in size. The property was developed in 1989 as a fueling station and has remained unchanged over the last 25 years and is currently a Shell Gas Station. With the exception of the subject site, three of the four corners on this intersection are zoned Mixed Use -Commercial. The applicant is requesting a zone change from Mixed Use -Neighborhood (MU -N) to Mixed Use -Commercial (MU -C) for the property located at 3790 Wadsworth Boulevard. The purpose of the zone change is to better align the zoning with the location of the property and to expand possible uses for the site including redevelopment for a freestanding emergency room. In 2011 the Wadsworth corridor rezoned to MU -C. The subject site is part of the 38°i Urban Renewal Area which in 2012, was rezoned to MU -N. Staff is supportive of this zone change because MU -C is a more appropriate zoning for this location given the adjacency to Wadsworth Boulevard. The applicant wants to redevelop the site to be a freestanding emergency room. It is a newer land use and is not specified in the City's use charts. Staff has determined the use is similar to both a hospital and medical office use. A medical office is allowed in MU -N zoning, but a medical office and hospital are both allowed in MU -C zoning therefore a zone change is necessary. A neighborhood meeting was held on August 12, 2015 with two neighbors in attendance and both supportive of the rezoning and reinvestment. One letter was received today. October 1, 2015 from Lutheran Medical Center. It does not address the zone change. but does address their objections for the proposed land use. One comment was also received inquiring about the inclusion of a helicopter landing pad, but this is not permitted. There were also no concerns from city departments or agencies. Commissioner DORSEY wanted to confirm the reason for the zone change from MU - N to MU -C is to have a hospital on the site. Ms. Mikulak stated that MU -N is limits uses to a medical office as opposed to MU -C which will allow a medical office and hospital use which accommodates the proposed 24 hour use. Planning Commission Minutes September 17, 2015 -4— City of "� Wheat idJge OMMUNny DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: October 1, 2015 CASE NO. & NAME: WZ-15-05/Anastasi ACTION REQUESTED: Approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use -Commercial (MU -C) LOCATION OF REQUEST: 4600 Kipling PROPERTY OWNER: 4600 Kipling LLC APPROXIMATE AREA: 12.54 acres PRESENT ZONING: Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) COMPREHENSIVE PLAN: Primary Commercial Corridor, Mixed Use Commercial ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST This application is for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use — Commercial (MU -C) for property located at 4600 Kipling Street. The zone change is the first step of the process for approval for redevelopment of this site under MU -C zoning. If approved, and prior to any construction, a conceptual site plan and a site development plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. These reviews would be administrative with no additional public hearings required. A consolidation plat would be required as well. The purpose of the rezoning is to modify the list of uses and to simplify the review and approval for future development on the property. (Exhibit 1, Applicant Letter) II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located at the northeast corner of W. 44`h Avenue and Kipling and includes four vacant parcels with split zoning with four different zone districts covering the property: Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD). All four lots are under single ownership and the total size of the site is approximately 12.4 acres in size. The parcel at the hard corner of 44`h and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. (Exhibit 2, Aerial Photo) The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44`h Avenue to the south are small commercial properties zoned C-1. Across Kipling to the east are the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. (Exhibit 3, Zoning Map) The property is flat with a four foot grade change from the west to east. There are a various mature trees on the property which appear to be elms and cottonwoods. (Exhibit 4, Site Photos) III. PROPOSED ZONING The applicant is requesting the property be rezoned to Mixed Use — Commercial (MU -C). This zone district is generally located along major commercial corridors and at community and employment activity centers and is established to encourage medium to high density mixed use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. Planning Commission 2 WZ-15-05/Anastasi The purpose of the MU -C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial corridors by promoting development that accommodates a mix of land uses, is more urban in character, and is more pedestrian friendly. The property currently has four separate zonings on it — R-2, A-1, NC and PCD. The R-2 zoning allows single and two family dwellings. The A -I zoning also has a limited use list and includes single family residential and agricultural uses such as general fanning, horse stables and landscape nurseries. The NC zone district is the City's most restricted commercial zone district allowing low impact uses such as small offices and personal services. The Planned Development zoning on the north end generally allows C-1 uses. The most intensive zoning on the property is the PCD with the least intensive zoning being R-2. The following table compares the existing R-2 and PCD zoning and proposed zoning for the property. Development R-2 zoning PCD zoning MU -C zoning Standard Uses Single family Commercial uses Residential and and two family (office, service and commercial uses residential retail) including (office, service and restaurants, fueling retail, restaurant ) stations, RV and auto Drive thru uses, gas sales and service stations and car repair as conditional uses Architectural None None specified but Mixed Use Standards would have to follow development standards ASDM specified in zone district — similar to ASDM Max. Building Height 35' 50' Mixed Use — 6 stories Sin le use — 4 stories Max. Lot Coverage 40% 40% 80% Min. Landscaping N/A 10% Mixed use ---10% Single use - 1501(o Min. Front Setba 150, 0'-20' build -to If the rezoning is approved, the applicant would then submit for administrative plan reviews. The concept plan review requires neighborhood notification regarding the submittal. The design for the property would be held to the standards set forth in the zoning code and the Architectural and Site Design Manual. Planning Commission 3 WZ-15-05/Anastasi IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the communitY and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the table above, the PCD and MU- C have similar development standards and permitted uses and while there are differences in allowed uses, the general intensity of use is similar. The property with proximity to Kipling Street would be undesirable for low density residential development. 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 with improvements installed at the developer's expense. Prior to issuance of a building permit, an administrative concept plan review and site development plan applications will be required and referred to all impacted utility and service agencies Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the follo�N,ing 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. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies Kipling as a primary commercial corridor and is high on the City's list of redevelopment priorities. While a recreation focus is further south centering around the rec center and greenbelt, this portion of the corridor is appropriate for higher intensity uses with taller buildings and high quality design. The interior of the site is designated as Mixed Use Commercial. Planning Commission 4 WZ-15-05/Anastasi 0 Excerpt.from Envision Wheat Ridge Structure Plan Mixed-use Commercial Goals met with the proposal include the redevelopment and reinvestment of underutilized commercial areas with denser, high quality development. 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 zoning designations as they appear on the City are 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. Commercial development along the Kipling Street corridor continues to intensify with new redevelopment of and reinvestment in tired, outdated structures and sites. Examples of this newer construction include the GreenHerb building located 4585 Kipling completed in 2013, the new Vitamin Cottage at 9500 W. 49`h Avenue and the Kipling Ridge development at the southwest corner of Kipling and 38`h Avenue, both of which were completed in 2015. Kipling is a state highway, is classified as a Principal Arterial and carries over 41,000 vehicle trips per day. As such, the use of the property as low density residential is not desirable. Planning Commission WZ- 15-05/Anastasi The city is in the process of installing a 10' wide multi -use trail from 32nd Avenue north to 44`" Avenue. Redevelopment of this site will result in extension of this trail to the northern perimeter of the property supporting the goal of increased pedestrian and bicycle connections. A zone change will consolidate the zoning on the property and prepare it for redevelopment. The redevelopment of this parcel could act as a catalyst for additional redevelopment and property investment in the area. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The Comprehensive Plan recognizes the need for upgraded commercial space and alternative housing options. The rezoning to Mixed Use will aid in the progress to develop the property which will then provide services and goods to residents of Wheat Ridge and commuters along the I- 70 corridor. The rezone also aids in the assemblage of the land under one zone district which will promote the marketability of the property to developers. . Staff concludes that this criterion has been met. 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. A meeting for neighborhood input was held on October 28, 2014. Roughly 20 persons were in attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibit 5 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: Arvada Fire Protection District: Can serve the property with improvements installed at the developer's expense to be assessed at the time of site plan review. Valley Water District: Can serve the property. Planning Commission 6 W Z-15-05/Anastasi Wheat Ridge Economic Development: The Economic Development division and Urban Renewal fully supports the re -zone application. The zone change does not conflict with the Kipling Corridors Urban Renewal Plan and therefore meets all the goals and objectives of the plan. Wheat Ridge Public Works: A drainage plan and traffic report will be required to be reviewed as part of the concept and site plan processes. Xcel Energy: No objections. Comments received relate only to the zone change request. A separate referral process would be required in the future if the zone change is approved and a site plan is submitted. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community. Staff further concludes that the proposal is consistent with the goals and objectives of the Comprehensive Plan. The zone change will consolidate zoning on the property and prepare it for redevelopment. Redevelopment of the property may serve as a catalyst for other property redevelopment or improvements in the area. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-15-05. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-15-05, a request for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use — Commercial (MU -C) for property located at 4600 Kipling 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 consolidate zoning on the property, prepare it for redevelopment and may serve as a catalyst for other property redevelopment or improvements in the area. 4. The criteria used to evaluate a zone change support the request." Planning Commission 7 WZ-15-05/Anastasi Option B: "I move to recommend DENIAL of Case No. WZ-15-05, a request for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use — Commercial (MU -C), for property located at 4600 Kipling Street. for the following reasons: Planning Commission 8 WZ-15-05/Anastasi Exhibit 1 — Applicantletter Michael G. Pharo Associates, LLC July 7, 2015 Ms. Meredith Reckert. Senior Planner City of Wheat Ridge 7500 West 29'h Avenue Wheat Ridge. Colorado 800+3 Re: NEQ West 40' Avenue & Kipling Dear Ms. Reckcm The purpose of this letter is to detail our rrroning request and provide a description of the proposal. Included herein is a response to the six items listed on the Submittal Checklist Zone Change and a response to the three items listed in Sec. 26 - 112 Private Rezoning of the Municipal Codc. Our request is to rezone the property to Mixed Use - Commercial. This would I-oilx,liaate fru, selratdte zone categories (R-2. A. 1, NC and PIU) which are currently in place on the existing parcels of the 12.4 -acre property. We have previously, met with you and members of the %'heat Ridge staff and have had a Neighborhood Meeting. Per Sec. 26 112 Private Rezonin , as provided in the Municipal Code, we provide the litlloHing response: El. The change glzone promotes the health, safely and general welfare of the communitti, and will not result in a significant udrerse effect on the surrounding area,- We rea; We believe the ultimate result of this rezoning will be a positive effect on the surrounding area. As zoned. the property is almost undevelopable given the nature of the unrelated zone classifications. Rezoning the property to MU -C 'Ail] provide a uniform zone well suited to the medium -to -higher intensity land use opportunities afforded by the arterial! arterial location. E2. Adequate Ofta"ructure facilities are a►wilahle to serre the kirk° of uses allowed b3, the change gfzone, or the applicant 14 ill apl;rade and provide such %'here they do not exist or are under capacity, The property is well served with existing water and sanitary sewer service. We anticipate normal extensions to serve the land uses on the property. Should off-site utility upgrades be required, we will address the situation as required. Surrounding arterial roads on the west and south provide excellent vehicular access. We have confirmed with your staff and CDOT that access can be obtained from both West "I Avenue and Kipling. We hope to be able to define the primary internal road alignment as pari of this rezoning. 7777 South Depm Street t.ittktwt. Colorado 8()128 Phvmrc 303-783-3772 Planning Commission 9 WZ-15-05/Anastasi E3. At least one of the following conditions exir-ts a. The change of zone is in conformance, ur will bring the property into conformance with the Chy of Wheal Ridge comprehensive Plan goals, objectivrs and policies, and other C/{P approved policies or plans for the area h. The existing zone classification currently recorded on the official zoning maps u/ the C ig• 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 Qt the area. d The proposed zoning is necessary in order to provide for a communilr need that was not anticipated at the time of the adoption of the Cil• of Wheat Ridge comprehensive plan. Without doubt this rezoning conforms to the language of G3A. Thr medium -to -higher intensity land uses which this rezoning will allow is in direct compliance with those goals and objectives of the City for lands located along arterial roadway corridors. The City's Comprehensive Plan reflects medium -to -higher intensity residential, office and retail uses on all portions of the property. The City's Zoning Map is not in error, but it delineates the ahove-mcr►tioned checkerboard zoning pattern currently in place. One might argue that a change of character is occurring in the area. This change is manifested in the interests shown by the development community. Surrounding lands are either developed or are being developed. Therefore. arca wide changes are occurring and undeveloped properties are being considered by a variety of residential and commercial developers. Recent interest in portions of this property include consideration of a sit-down restaurant and an animal clinicihospital. These cues should be considered normal and anticipated. We are not aware of interest by those who might envision something previously unforcseeu. The Submittal Checklist: Zone Change form lists six items to be addressed. • The need for zone change. The need for zone change includes the consideration of four existing zone into a contemporary mixed use zone that allows for significant flexibility in the marketplace. 7 he M13 -C zone allows a wide variety of residential, office and retail uses which is consistent with the development goals of the City. Present and.future efecl on the existing zi ne districts, development and ph►-sical character of the area. The present and future effect of Planning Commission 10 WZ-15-05/Anastasi the existing zone districts is to prohibit rational development of the property. There would be no unified or cohesive development of the property and the physical character of the area will remain as is. Access to the area, traffic patterns and impact of the requested zone on these factors. Preliminary discussions with personnel at the City's engineering department and with the traffic planning staff at CWT confirm the likelihood of a full -movement intersection on West 44' Avenue at the jellison Street alignment and another full -movement intersection on Kipling at a compatible distance north of the West 44"' Avenue intersection. Access to individual development parcels could be by an internal spine road. ideally designed to discourage cut -through uallit. flu- tltc pctiuteter arterial roadways. • Arailahiliiy o/ utilities. Both water and sanitary sewer services are available from area providers in a capacity capable of supporting medium to high -development intensities on thc• prt perry, Existing lines located in the perimeter arterial rights of way will be extended into the property as required. • Present and future efJ'ect on public_facilities and services, such as /ire, police. Nater, sanlrcition, roadways, parks, schools, etc. At the present time with the property undeveloped there is virtually no effect on public service providers. Development of the 12.4 -acre property will generate a lower level of required public service which will have minimal impact on the various service provider. A discussion of the relationship heneeen the proposal and adopted land andior policies of the city. Development of the property for medium -to -higher intensity residential, office or retail land uses is consistent with the present f!nak and nhjoetivVy Qf the C'itt. The proposed MU -C zone not only provides for the desirable land use IN pes, but also requires various site and landscape design components supported by the City. Please let me know if I need in cin more nr prn%i;1;• ttdditis,,nal information at this lime. •1 y, M hael G. Pham MGP/kp c: Lloyd Anastasi Planning Commission WZ-15-051Anastasi Exhibit 2 — Aerial Map Planning Commission 12 WZ-15-05/Anastasi Exhibit 3 — Zoning Map Planning Commission 13 WZ-15-O5/Anastasi Exhibit 4 — Site Photos Looking northwest at fueling station on the corner of 44`h and Kipling Looking north from West 44`h Avenue Planning Commission 14 WZ-15-05/Anastasi Looking north from West 44`t' Avenue Looking west on 44`x' towards Kipling Planning Commission 15 WZ-15-05/Anastasi Looking east from Kipling Street Looking east from Kipling Street Planning Commission 16 WZ-15-05/Anastasi Looking north toward Kipling from 44"' Avenue Planning Commission 17 WZ-15-05/Anastasi Exhibit 6 — Neighborhood Meeting Notes city of Wheat1 ' c COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W.29" A% c. Whem Ridge. CO K0033.9001 K.303.235.2946 F: 303.235.2 NEIGHBORHOOD MEETING NOTES Meeting; Date: October 28. 2014 Attending; Staff: Meredith Reckert, Senior Planner Steve Art, Economic Development Manager Location of Meeting;: Wheat Ridge Municipal Building Second floor conference room 7500 W. 29'h Avenue Wheat Ridge. CO Properth :Address: Property generally addressed as 4000 Kipling - Northeast comer of W. 44'h Avenue and Kipling Street, including 4590, 4600. and 4650 Kipling and vacant land (PIN 39-222- 09-018) Propel -I% O%rner(s): Lloyd Anastasi Property Onner(s) Present? No Applicant: Mike Pharo Email: mplandnlanAgol.wnt Phone: 303-783-3772 7777 Depew Street Littleton. CO 80128 Existing; Zoning;: Planned Commercial Development (PCD). Agricultural - One (A-1). Neighborhood Commercial (NC). and Residential -Two (R-2). Existing; Comp. Plan: Mixed Use Commercial, Primary Commercial Corridor. Neighborhood Commercial Corridor Existing Site Conditions: The property is located at the northeast corner of W. 44'h Avenue and Kipling and includes four vacant parcels with split zoning with four different zone districts covering the property: Planned Commercial Development (PCD). Agricultural -One (A-1), Neighborhood Commercial (NC), and Rcsidcntial-T%%o (R-2). All four lots are under single ownership and the total size of the site is approximately 12.4 acres in size. The parcel at the hard comer of 44`h and Kipling is excluded from the subject site: this property is under separate ownership and includes a fueling station and convenience store. Planning Commission 18 W Z-15-05/A.nastasi The pmpenies that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary ►h hich is zoned R-?, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across V14 , 44 Avenue to the south are sinal] commercial properties zoned C-1. Across Kipling to the cast arc the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store. zoned C-1, an office building zoned NC, and a church with split zoning. Appficant/0%mer Prefiminary Proposal: The applicant is proposing to rezone the entire property to Mixed Use -Commercial (MU -C). There is no specific development being proposed at this time. The purpose of the -gone change is to consolidate the zoning and prepare for future development. The following h a summan• of the neighborhood meeting: • In addition to staff. 19 members of the public attended the neighborhood meeting. • Staff explained the site conditions. zoning in the neighborhood, and the n.ason for the rezoning request, • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • Neighbt►rs compared the proposed design to a previous multi -family development and were more receptive the applicant's single-family proposal. Concerns were related to drainage, preservation of existing trees, additional traffic on W. 44 and Kipling and perimeter fencing. The following issues were discussed regarding the zone change request and proposed development: I low will access to Kipling, he determined? Kipling is a state highivaly and a Ira fic impact study it -it/ be required to be submitted to the 011' anti C DOT to determine access into the site. It is liken- that there will be a majoraccesspoint from Kipling ►.•rich will be signalized at the mid -point of the prol,wr/1% Access /rant 44 Aremne ;.ill no located across, from Jellison Street on the south. What types of uses are being proposed for the property'.' The proposed _one change nvidd he to Alixed-Use Commercial which a/lmis both residential and commercial land uses. The proper(;- owner is located out ofsurte and is not interested in developing it. He would like to obtain consolidated zoning on the properti• and would like to sell it to someone else who would then delrlop it. Will Renewal Wheat Ridge get involved in the development? Not unless the dejeloper is asking for tax increment financing. h is too carp- in the process to knoll. Does staff think that the property is appropriate for residential development? A"ut unless the residential tants ;rete amt ill«n to « primary commercial trse on a second level or on the eastern side of the southern portion of the lot. A woman with a home on Independence Street expressed concern that new construction on the parcel will block her view of the mountains. How tall can buildings be in the Mixed -Use Commercial zone district? Buildings that hair a mix of uses (retail and residential, eg)• arc allomrd up to eight stories and structures that have only one use can be six stories in height. his highly doubt/id that structures on the properh will exceed tleto-to-three stories because there isn't enough land arca_ The taller the building, the more square footage and more parking is required. Planning Commission 19 WZ-15-05/Anastasi Are there other options than zoning to mixed use" Once the zoning appm%al is given. there is no opportunity for neighborhood input'' The applicant could applv,lor a zone change to Planned Commercial Development but it is a more rigoromv process due to plans far development required as part of the public hearings. Are marijuana businesses allowed in mixed use zoning`' ,Varijuana businesses are not allowed in they mixed use .oning districts. has the current owner held the props-rty? It was noted that nein development on the property may have a positive impact on some undersirable uses further to the north. Staff received no written comment prior to the neighborhood meeting. Planning Commission 20 WZ-15-05/Anastasi Meredith Reckert From: Lloyd Levy@aol.com Sent: Tuesday, September 22, 2015 12:18 PM To: Meredith Reckert Subject: Question about a notice sign Follow Up Flag: Follow up Flag Status: Flagged Hi, I saw a yellow public notice sign fronting on the east side of Kipling and north of the Shell station on the corner of 44th and Kipling. What does this pertain to, please? Thanks! -- L. Lloyd Levy 3275 Upham St. Wheat Ridge, CO 80033 303-458-5363 Ilovdlevy cDaol.com Meredith Reckert From: Meredith Reckert Sent: Thursday, September 17, 2015 9:48 AM To: 'Kirk.allen@state.co.us'; Bradley.sheehan@state.co.us Subject: land use referral Attachments: Referral Lcloc; survey.pdf Gentlemen On August 5, 2015 1 sent out an electronic referral regarding a zone change on property located at 4600 Kipling Street. I did not receive a response from CDOT so wanted to reach out again. This is a speculative zone change to Mixed Use- Commercial. There are no pending plans at this time for development. When the City receives a request for site plan review, an additional referral will be distributed. In the meantime, if you would respond to my August 5 referral, it would be greatly appreciated. A Planning Commission public hearing is scheduled for October 1, 2015. If you have any questions, please let me know. Meredith Meredith Reckert, AICP Senior Planner 7500 W. 29`h Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridpe.co.us City of Wheat P ice COMMUNITY DEVELOPMENT CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. City of i�9'Wh6at,R Cjge OMMUNITY DEVELOPENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 August 25, 2015 Michael Pharo 7777 South Depew Street Littleton, CO 80125 Dear Mr. Pharo This letter is in regard to your request for approval of a zone change from a zone change from Residential - Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use- Commercial (MU -C) for property located at 4600 Kipling Street. Your request was sent out for referral and the following comments were received: Arvada Fire Protection District: See attached correspondence from Steven Parker dated August 11, 2015. Valley Water District: See attached correspondence from Kathleen Kadnuck August 7, 2015. Wheat Ridge Public Works: See attached comments from Dave Brossman dated August 7, 2015 Xcel Energy: See attached correspondence from Donna George dated August 18, 2015. Other items of note: 1. I have not gotten a response from CDOT yet. If we get closer to the date and I still haven't heard something, I'll send them a reminder. 2. This case is scheduled for Planning Commission public hearing on October 1, 2015. Posting signs will be available for pick-up the week of September 14 and must be posted no later than September 17. 3. The zone change process includes a first and second reading in front of City Council. Using the zone change calendar standard schedule, these dates would be October 26, 2015, for first reading and November 23, 2015 for the public hearing. If any of these dates are a problem, please let me know. If you have any questions, feel free to contact me at 303-235-2848 Sincerely, f Meredith Reckert, AICP Senior Planner �%%%%% ci.wheatridge.co.us C*3 Fin ttion tt Allison Way Arvada CO 80005 - 303-424-3012 - 303-432-7995 fax August 11, 2015 Ms. Meredith Reckert, Planner City of Wheat Ridge 7500 W 291h Avenue Wheat Ridge, CO 80033 Re: A nastasi -Rezone, COWR Project # WZ-15-05, AFPD Project # 15-254D Ms. Reckert: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. 1. Fire protection service This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (AFPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak Street. 2. Future Development At this time the Fire District has no additional requirements for this case provided the site is not being modified. Further comments and Fire District requirements will be provided/identified once the applicant provides a development plan with details on site layout and proposed uses. Please contact me at (303) 403-0477 or via e-mail at steven.parkeraarvadafire.com if you should have any questions or need further information. Sincerely, Steven Parker Deputy Fire Marshal 08/07/15 FRI 13:09 FAX 303 424 0828 VALLEY WATER DIS 19001 VALLEY WATER DISTRICT 12101 WEST 52ND A'VF,,\UE WHEAT RMGl=, COLORADO 80033 T•FI,TH ]ON F* 303-42.4-9661 FAX 30.3-424-0828 August 7, 2015 Meredith Reckert City of Wheat Ridge 7.500 W. 29"' Avenue Wheat Ridge, co 80w), Dear Meredith: Tn response to your inquiry regarding Case No. WZ- I 5-05/Anastasi, the Valley Water District offers the following continents: The Dititrict has no concerns with the proposed rezoning to Mixed-Usc Commercial. Should development of the prol)erty occur in the Cuturc, the District has the capability to serve a proposed commercial project under the rules and regulations of the District, !lease feel free to contact me with any further questions. K51ly, C r.. ,lecn Kadnuck _. District office Manager City of Wheat�idge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: August 7, 2015 SUBJECT: WZ-15-05/Anastasi, 4600 Kipling Street Re -Zone I have completed my review for the request to rezone the Anastasi (FKA Chado) property at 4600 Kipling Street from (R-2), (A-1), (NC) and (PCD) to Mixed Use- Commercial (MU -C) received on June 30, 2015, and I have the following comments: It does not appear that the current rezoning proposal entails any site changes which could trigger traffic or drainage requirements. Therefore, Public Works has no comments at this time. To Mere - 4600 Kipling SI_MU-C Rrzone_Is1 Review.doca XcelEnergysm PUBLIC SERVICE COMPANY August 18, 2015 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Anastasi Rezone, Case # WZ-15-05 Right of Way & Permits 1123 West 3"' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Department has reviewed the request for the Anastasi 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 PSCo'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 10/29/15 THU 08:18 FA% 303 424 0828 VALLEY (PATER DIS 19001 VALLEY 'WATER DISTINCT 12101 WFST 52ND AVENUE WI iLAT RID(;F, COLORADO =)33 TF..I.kYHONn 303-424-9661 October 29, 2015 FAx 103-424-0828 Meredith Reckert City of Wheat Ridge Community Development 7500 W. 29`s Avenue Wheat Ridge, CO 80033 Dcar Meredith: 'Che Valley Water District has reviewed your inquiry regardiag Cast No. Wj-15- 05/Anastasi located at 4600 Kipling Street and atl'ers the following comments: The District has no concerns with the proposed rezoning to Mixed Use Commercial for the site. At which lime a specific development plan is initiated, the developer will treed to contact the District regarding water availability. Please feel free to contact me with any further questions. Sinter y, 1 till en .Kadnuc' District Office Manager A 41 City of W heat Midge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: August 5, 2015 Response Due: August 19, 2015 i ne vvneai mage community uevelopment Uepartment has received a request for approval of a zone change from Residential -Two (R-2), Agricultural -One (A-1), Neighborhood Commercial (NC) and Planned Commercial Development (PCD) to Mixed Use- Commercial (MU -C) for property located at 4600 Kipling Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-15-05/Anastasi Request: Approval of a zone change from (R-2), (A-1), (NC) and (PCD) to Mixed Use - Commercial (MU -C). The property is located at the northeast corner of 44th Avenue and Kipling Street. It does not include the hard corner which is currently occupied by a fueling station. The subject property wraps around the station and has frontage on both Kipling and 44th. The property which is 12.54 acres in size is currently vacant. The applicant is requesting a zone change to Mixed Use — Commercial (MU -C) to consolidate zoning and expand uses for the property. There is no specific development scenario at this point in time. The zone change is the first step of the process for redevelopment of the site. Although there is no specific development scenario included with this referral, if approved and prior to construction of any new structures, a concept plan, a site development plan and subdivision plat approval will be required. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Valley Water District Clear Creek Sanitation District Arvada Fire District Colorado Department of Transportation AT&T Broadband Xcel Energy Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division Renewal Wheat Ridge "The Carnation City" m -I- 4600 Kiplin1, LLC : 12.54 acres NEQ W. 44' Avenue & Kipling LEGAL DESCRIPTION: PARCEL I: Lot 1, Block 1, CHADO SUBDIVISION County of Jefferson, State of Colorado. PARCEL II: Beginning at the Southwest corner of Tract 13, JUCHEM'S GARDEN PLACE; thence North along the West line of said Tract 13, 36 feet; thence East on a line parallel to the South line of Tract 13, JUCHEM'S GARDEN PLACE, to center line of Third Street; thence South along the center line of Third Street 66 feet to center line of Flora Street; thence West along the center line of Flora Street to a point which is 30 feet South of the Southwest corner of said Tract 13; thence North 30 feet to the Southwest corner of said Tract 13, which is the place of beginning. EXCEPT that portion of the above-described property described in Deed recorded February 16, 1969, in Book 1175, at Page 522. AND EXCEPT that portion of the above-described property described in Deed recorded September 8, 1969, in Book 2130, at Page 552. AND EXCEPT that portion of the above-described property described in Deed recorded August 18, 1988, at Reception Number 88080612, (intending to convey the South 36 feet of Tract 13, JUCHEM'S GARDEN PLACE, together with '/Z of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West) County of Jefferson, State of Colorado. PARCEL III: That portion of the Southwest '/ Northwest '/< Northwest '/ of Section 22, Township 3 South, Range 69 West of the 6 1 P.M., described as follows: The West 330.57 feet of the South 150 feet of the North 594 feet, EXCEPT that portion conveyed to the Department of Highways, State of Colorado in Deed recorded August 11, 1969, in Book 2124, at Page 188; AND EXCEPT any portion described in Deed recorded December 11, 1986, at Reception Number 86153163, County of Jefferson, State of Colorado. PARCEL IV: That part of the Northwest '/ of Section 22, Township 3 South, Range 69 West of the 6`h P.M., described as follows: Commencing at the Northwest corner of Section 22, Township 3 South, Range 69 West of the 6th P.M.; thence South 00°09' West, along the West line of said Section 22, 660.00 feet; thence North 89°55' East, 45.00 feet to the true point of beginning; thence North 89°55' East, 285.45 feet; thence South 00°08' West, 444.00 feet; thence South 89°55' West, 285.57 feet; thence North 00°09' East, 444.00 feet to the true point of beginning. County of Jefferson, State of Colorado. Michael and Maureen Buck 10191 West 38"' Ave. Wheat Ridge, Co 80033 NOTICE OF NEIGHBORHOOD INPUT MEETING Michael and Maureen Buck are proposing a rezoning on the property located at 10191 W. 38"' Ave. Wheat Ridge CO 80033. A neighborhood meeting will be held on [Date/Time] in the second floor conference room of the Wheat Ridge Municipal buiding at 7500 West 29"' Avenue [Location]. The purpose of the request is to rezone the property from Residential -One (R-1) to Mixed Use Neighborhood (MU -N) zoning designation. The R-1 zone allows only single family residential uses. The MU -N zone classification allows a variety of commercial (service, office and retail) and a variety of residential uses. No end use or specific project has been determined at this time. The City of Wheat Ridge has adopted a requirement that prior to any application for "the rezoning of property" an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the administrative process by the Community Development Director and/or the public hearing in front of City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you submit written comments during the public notice period and/or attend the public hearing. The neighborhood meeting is an informal setting that provides an opportunity for you to understand the scope of the proposed project and the process for review. You will have the opportunity to speak with the applicant and city staff and to ask any question that you may have related to the project. If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 291h Avenue Wheat Ridge, Colorado 80033 City of "� Wheatjdge 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 NEIGHBORHOOD MEETING NOTES Meeting Date: October 28, 2014 Attending Staff: Meredith Reckert, Senior Planner Steve Art, Economic Development Manager Location of Meeting: Wheat Ridge Municipal Building Second floor conference room 7500 W. 29`h Avenue Wheat Ridge, CO Property Address: Property generally addressed as 4600 Kipling - Northeast corner of W. 44`h Avenue and Kipling Street, including 4590, 4600, and 4650 Kipling and vacant land (PIN 39-222- 09-018) Property Owner(s): Lloyd Anastasi Property Owner(s) Present? No Applicant: Mike Pharo Email: mplandnlan(a,aol.com Phone: 303-783-3772 7777 Depew Street Littleton, CO 80128 Existing Zoning: Planned Commercial Development (PCD), Agricultural - One (A-1), Neighborhood Commercial (NC), and Residential -Two (R-2). Existing Comp. Plan: Mixed Use Commercial, Primary Commercial Corridor, Neighborhood Commercial Corridor Existing Site Conditions: The property is located at the northeast corner of W. 44`h Avenue and Kipling and includes four vacant parcels with split zoning with four different zone districts covering the property: Planned Commercial Development (PCD), Agricultural -One (A-1), Neighborhood Commercial (NC), and Residential -Two (R-2). All four lots are under single ownership and the total size of the site is approximatelyl2.4 acres in size. The parcel at the hard corner of 44`h and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. wwwxi. is- heatridge.co.us The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44`h Avenue to the south are small commercial properties zoned C-1. Across Kipling to the east are the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the entire property to Mixed Use -Commercial (MU -C). There is no specific development being proposed at this time. The purpose of the zone change is to consolidate the zoning and prepare for future development. The following is a summary of the neighborhood meeting: • In addition to staff, 19 members of the public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • Neighbors compared the proposed design to a previous multi -family development and were more receptive the applicant's single-family proposal. Concerns were related to drainage, preservation of existing trees, additional traffic on W. 44`h and Kipling and perimeter fencing. The following issues Nvere discussed regarding the zone change request and proposed development: How will access to Kipling be determined? Kipling is a state highway and a traffic impact study will be required to be submitted to the City and CDOT to determine access into the site. It is likely that there will be a major access point from Kipling which will be signalized at the mid point of the property. Access from 44th Avenue will no located across from Jellison Street on the south. What types of uses are being proposed for the property? The proposed zone change would be to Mixed -Use Commercial which allows both residential and commercial land uses. The property owner is located out of state and is not interested in developing it. He would like to obtain consolidated zoning on the property and would like to sell it to someone else who would then develop it. Will Renewal Wheat Ridge get involved in the development? Not unless the developer is asking for tax increment financing. It is too early in the process to know. Does staff think that the property is appropriate for residential development? Not unless the residential units were ancillary to a primary commercial use on a second level or on the eastern side of the southern portion of the lot. A woman with a home on Independence Street expressed concern that new construction on the parcel will block her view of the mountains. How tall can buildings be in the Mixed -Use Commercial zone district? Buildings that have a mix of uses (retail and residential, eg), are allowed up to eight stories and structures that have only one use can be six stories in height. It is highly doubtful that structures on the property will exceed two -to -three stories because there isn't enough land area. The taller the building, the more square footage and more parking is required. Are there other options than zoning to mixed use? Once the zoning approval is given, there is no opportunity for neighborhood input? The applicant could apply.for a zone change to Planned Commercial Development but it is a more rigorous process due to plans for development required as part of the public hearings. Are marijuana businesses allowed in mixed use zoning? Marijuana businesses are not allowed in the mixed use zoning districts. has the current owner held the property? It was noted that new development on the property may have a positive impact on some undersirable uses further to the north. Staff received no written comment prior to the neighborhood meeting. City of Wheat Ridue @//31/2015 15:4, I'D BA MICHAEL G PHARG AS30C LLL: CDA9I1673 H1ii0UNT FISD ZONING REIMBURSEMENT FEE '25.@0 FNSU Z6HING APPLICATIGH FEES 21167.50 PAMENT RECEIVED kMGUNT CHECK: 1@53 2.392.50 TIAL Q32.50 Michael G. Pharo Associates, LLC July 22, 2015 Ms. Meredith Reckert, Senior Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: 4600 Kipling, LLC NEQ West 44`h Avenue & Kipling Dear Ms. Reckert: The purpose of this letter is to confirm the submittal of a variety of required documents and items and to provide clarification and additional information for many of those items. Items 1 through 9 as listed on the Submittal Checklist have either been provided or are provided with this letter. • Item 1, the application form, is provided with this letter after being notarized at your office. • Item 2, the fee, is provided with this letter. Note that in the absence of a specific for the property on the ALTA Survey, I have mathematically determined the size to be 12.54 acres. Based on your fee schedule, this equates to $2,392.50 submitted by check #1053. However, since the minimum anticipated public dedication for perimeter public rights of way on both West 44`h Avenue and Kipling will approximate 11.978.05 square feet, feel free to adjust the amount of the submittal fee accordingly. • Items 3 and 6, the submittal checklist and mineral right form, are provided with this letter. • Items 4 and 5, the warranty deed as proof of ownership and authorization letter from the owner, have been previously provided. • Items 7 and 8, as previously agreed, have been previously provided in the form of an ALTA/ACSM Land Title Survey. Hard copies are included here. • Item 9, the written request, has been previously provided. • In addition to the nine items listed on the Submittal Checklist, we have provided a written Legal Description in electronic form. 7777 South Depew Street Littleton, Colorado 80128 phone: 303-783-3772 2 • We have completed the required Pre -Application Meeting and Neighborhood Meeting. • We have completed our initial analysis of the vehicular access allowances by meeting with engineers at your office and with Brad Sheehan at CDOT. If a written synopsis of this investigation will help support this request for rezoning, it can be provided. Please let me know if I can do more at this time. MGP/kp c: Lloyd Anastasi IF Michael G. Pharo Associates, LLC July 7, 2015 Ms. Meredith Reckert, Senior Planner City of Wheat Ridge 7500 West 29"' Avenue Wheat Ridge, Colorado 80033 Re: NEQ West 44th Avenue & Kipling Dear Ms. Reckert: The purpose of this letter is to detail our rezoning request and provide a description of the proposal. Included herein is a response to the six items listed on the Submittal Checklist Zone Change and a response to the three items listed in Sec. 26 — 112 Private Rezoning of the Municipal Code. Our request is to rezone the property to Mixed Use — Commercial. This would consolidate four separate zone categories (R-2, A-1, NC and PCD) which are currently in place on the existing parcels of the 12.4 -acre property. We have previously met with you and members of the Wheat Ridge staff and have had a Neighborhood Meeting. Per Sec. 26 —112 Private Rezoning as provided in the Municipal Code, we provide the following response: El. The change ofzone promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area; We believe the ultimate result of this rezoning will be a positive effect on the surrounding area. As zoned, the property is almost undevelopable given the nature of the unrelated zone classifications. Rezoning the property to MU -C will provide a uniform zone well suited to the medium -to -higher intensity land use opportunities afforded by the arterial/ arterial location. E2. Adequate infrastructure/facilities are available to serve the type 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; The property is well served with existing water and sanitary sewer service. We anticipate normal extensions to serve the land uses on the property. Should off-site utility upgrades be required, we will address the situation as required. Surrounding arterial roads on the west and south provide excellent vehicular access. We have confirmed with your staff and CDOT that access can be obtained from both West 44`h Avenue and Kipling. We hope to be able to define the primary internal road alignment as part of this rezoning. 7777 South Depew Street Littleton, Colorado 80128 phone: 303-783-3772 N E3. At least one of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with the City of Wheat Ridge comprehensive Plan goals, objectives and policies, and other City approved policies or plans for the area. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. 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 zoning 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. Without doubt this rezoning conforms to the language of E3A. The medium -to -higher intensity land uses which this rezoning will allow is in direct compliance with those goals and objectives of the City for lands located along arterial roadway corridors. The City's Comprehensive Plan reflects medium -to -higher intensity residential, office and retail uses on all portions of the property. The City's Zoning Map is not in error, but it delineates the above-mentioned checkerboard zoning pattern currently in place. One might argue that a change of character is occurring in the area. This change is manifested in the interests shown by the development community. Surrounding lands are either developed or are being developed. Therefore, area wide changes are occurring and undeveloped properties are being considered by a variety of residential and commercial developers. Recent interest in portions of this property include consideration of a sit-down restaurant and an animal clinic/hospital. These uses should be considered normal and anticipated. We are not aware of interest by those who might envision something previously unforeseen. The Submittal Checklist: Zone Change form lists six items to be addressed. • The need for zone change. The need for zone change includes the consideration of four existing zones into a contemporary mixed use zone that allows for significant flexibility in the marketplace. The MU -C zone allows a wide variety of residential, office and retail uses which is consistent with the development goals of the City. • Present and future effect on the existing zone districts, development and physical character of the area. The present and future effect of the existing zone districts is to prohibit rational development of the property. There would be no unified or cohesive development of the property and the physical character of the area will remain as is. Access to the area, traffic patterns and impact of the requested zone on these factors. Preliminary discussions with personnel at the City's engineering department and with the traffic planning staff at CDOT confirm the likelihood of a full -movement intersection on West 44th Avenue at the Jellison Street alignment and another full -movement intersection on Kipling at a compatible distance north of the West 44`x' Avenue intersection. Access to individual development parcels could be by an internal spine road, ideally designed to discourage cut -through traffic from the perimeter arterial roadways. • Availability of utilities. Both water and sanitary sewer services are available from area providers in a capacity capable of supporting medium to high -development intensities on the property. Existing lines located in the perimeter arterial rights of way will be extended into the property as required. • Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. At the present time with the property undeveloped there is virtually no effect on public service providers. Development of the 12.4 -acre property will generate a lower level of required public service which will have minimal impact on the various service providers. A discussion of the relationship between the proposal and adopted land and/or policies of the city. Development of the property for medium -to -higher intensity residential, office or retail land uses is consistent with the present goals and objectives of the City. The proposed MU -C zone not only provides for the desirable land use types, but also requires various site and landscape design components supported by the City. Please let me know if I need to do more or provide additional information at this time. MGP/kp c: Lloyd Anastasi .J Meredith Reckert, Senior Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Meredith Reckert, March 25, 2015 The purpose of this letter is to state that Lloyd Anastasi is Manager Member for 4600 Kipling, LLC and I hereby authorize Michael G. Pharo to act as my representative during the rezoning process for the 12.4 acre property at 44th Avenue and Kipling Street. Sincerely, 4600 Kipling, LLC Lloyd R. Anastasi, Member Manager 1250 -8th Street Manhattan Beach, CA 90266 310-717-6911 lloydanastasi@gmail.com Michael G. Pharo Associates, LLC March 17, 2015 Ms. Meredith Reckert, Senior Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Re: Anastasi Property NEQ West 44`x' Avenue & Kipling Street Dear Ms. Reckert: On behalf of Mr. Lloyd Anastasi, managing partner of 4600 Kipli% LLC, owner of the 12.4 -acre property located in the northeast quadrant of West 44 Avenue and Kipling Street, I hereby request that the property be rezoned to Mixed-Use—Commercial. This request is in conformance with previous directives from your office and is a continuation of the process which to date has included the Pre -Application Meeting and Neighborhood Meeting. Please advise me what materials you will need from me in addition to those already in your files. MGP/kp c: Lloyd Anastasi 7777 South Depew Street Littleton, Colorado 80128 phone: 303-783-3772 Meredith Reckert From: Heather Geyer Sent: Thursday, May 14, 2015 1:34 PM To: Meredith Reckert Subject: RE: Karen Meigle Great, thanks Meredith! Heather M. Geyer Administrative Services Director/ Public Information Officer Office Phone: 303-235-2826 City of Wheat Widd2e ADMINISTRATIYT SrRv�ci� From: Meredith Reckert Sent: Thursday, May 14, 2015 1:33 PM To: Heather Geyer Cc: Steve Nguyen; Jon Pickett Subject: Karen Meigle Hi, Heather I believe the lady that called you is Karen Meigle who lives on the west side of Independence in the 4500 block — not sure of her exact address. I became acquainted with Karen due to her attendance at a neighborhood meeting. The subject property located at the northeast corner of Kipling and 44`h was being considered for a zone change to Mixed - Use Commercial. Karen expressed concerns about the development ruining her views, negative impact on property values (her property is her "401K", she says), traffic on Independence, etc. After the neighborhood meeting which occurred in October 2014, she called me several times and set up an appointment to come in to the office to discuss issues about the proposed development and traffic on Independence (volume, semis, speeds). I had her speak with Steve Nguyen who then followed up with some traffic analysis on Independence. You will probably want to speak with Steve directly about the outcome of the inquiry as I can't find my notes right off hand. Let me know if you have additional questions. Meredith Meredith Reckert, AICP Senior Planner 7500 W. 29`h Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us 4600 Kiplinp LLC : 12.54 acres NEQ W. 44 Avenue & Kipling LEGAL DESCRIPTION: PARCEL I: Lot 1, Block 1, CHADO SUBDIVISION County of Jefferson, State of Colorado. PARCEL II: Beginning at the Southwest comer of Tract 13, JUCHEM'S GARDEN PLACE; thence North along the West line of said Tract 13, 36 feet; thence East on a line parallel to the South line of Tract 13, JUCHEM'S GARDEN PLACE, to center line of Third Street; thence South along the center line of Third Street 66 feet to center line of Flora Street; thence West along the center line of Flora Street to a point which is 30 feet South of the Southwest corner of said Tract 13; thence North 30 feet to the Southwest comer of said Tract 13, which is the place of beginning. EXCEPT that portion of the above-described property described in Deed recorded February 16, 1969, in Book 1175, at Page 522. AND EXCEPT that portion of the above-described property described in Deed recorded September 8, 1969, in Book 2130, at Page 552. AND EXCEPT that portion of the above-described property described in Deed recorded August 18, 1988, at Reception Number 88080612, (intending to convey the South 36 feet of Tract 13, JUCHEM'S GARDEN PLACE, together with '/Z of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West) County of Jefferson, State of Colorado. PARCEL III: That portion of the Southwest %4 Northwest'/4 Northwest %4 of Section 22, Township 3 South, Range 69 West of the 6`h P.M., described as follows: The West 330.57 feet of the South 150 feet of the North 594 feet, EXCEPT that portion conveyed to the Department of Highways, State of Colorado in Deed recorded August 11, 1969, in Book 2124, at Page 188; AND EXCEPT any portion described in Deed recorded December 11, 1986, at Reception Number 86153163, County of Jefferson, State of Colorado. PARCEL IV: That part of the Northwest %4 of Section 22, Township 3 South, Range 69 West of the 6I' P.M., described as follows: Commencing at the Northwest corner of Section 22, Township 3 South, Range 69 West of the 6t' P.M.; thence South 00109' West, along the West line of said Section 22, 660.00 feet; thence North 89°55' East, 45.00 feet to the true point of beginning; thence North 89055' East, 285.45 feet; thence South 00°08' West, 444.00 feet; thence South 89°55' West, 285.57 feet; thence North 00°09' East, 444.00 feet to the true point of beginning. County of Jefferson, State of Colorado. 2007134081 12/06/2007 12:40:58 PM PGS 3 $16.00 DF $62.94 Electronically Recorded Jefferson County CO Pam Anderson, Clerk and Recorder TD1000 Y SPECIAL WARRANTY DEED THIS DEED, Made this 12°iday of November , 2007 between Greenback Holdings, LLC, a Colorado limited liability company of the County of � VD and State of � , gtantor(8), and 4600 l{Ipl1ng, LLC, a Colorado limited liability company Whose legal address is: 1725500 8th St., Manhattan Beach, CA 92066 County of LOS ANGELES and State of California, grantee(s). WITNESSETH that the grantors) for and in consideration of the sum of TEN AND 00/100 DOLLARS (310.00), the receipt and sufficiency of which is hereby acknowledged, has/have granted, bargained/sold and conveyed, and by these presents do/does grant, bargain, sell, convey and confrrtn unto the grantee(s), its/their heirs and assigru forever, all real property together with improvements, if any, situate, lying and being in the City and County of, State of Colorado, described as follows: SEE ATTACHED EXHIMIT "A" also know by street and number as 4590, 4600, 4650 Kipling Street, R'heatridge, CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the grantee(s), its/their heirs and assigns forever. The grantor(s), for itselfl'its heirs and personal representatives or successors, doldoes covenant and agree that it/his shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), its/their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantors). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) hasihave executed this deed on the date set forth above. Greenback Hopi ` Co� limited liability company By: Michael IC. Marks ,�Vice President/Cwaemi-Ev�sei- 5C." f e STATEOF c(,t,ll-ft/v-VT1G1 ) ) SS The foregoing instrument was acknowledged before me this day of , . COUNTY OF Sr41 uqo ) BY KlUSTIN SiADE Witness my hand and official seal. CommltNon * 173 f My commission expires h lG {rCh 11 Zt71 i Neuer Publle - Calft E T-- son 014WCottttly f�MO ,incl � - - otwy Public Title Data, Inc. NA SKL12910 JF 134081-2007.001 EXHIBIT "A" PARCELI: That portion of the Southwest 1/4 of the Northwest 114 of the Northwest 1/4 of Section 22, Township 3 South, Range 69 West of the 6th P.M., described as follows: The West 330.57 feet of the South 150 feet of the North 594 feet, except that portion conveyed to the Department of Highways, State of Colorado in Deed recorded August 11, 1969 in Book 2124 at Page 188, and except any portion described In the deed recorded December 11, 1986 at Reception No. 86153163, County of Jefferson, State of Colorado. PARCEL Il: That part of the Northwest 114 of Section 22, Township 3 South, Range 69 West of the 6th P.M., described as follows. Commencing at the Northwest corner of Section 22, Township 3 South, Range 69 West of the 6th P.M.; thence South 00°09' West, along the West line of said Section 22, 660.00 feet; thence North 89°55' East, 45.00 feet to the True Point of Beginning; thence North 89055' East, 285.45 feet; thence South 00008' West, 444.00 feet; thence South 89°55' West, 285.57 feet; thence North 00°09' East, 444.00 feet to the True Point of Beginning, County of Jefferson, State of Colorado. EXCEPTING THEREFROM that portion granted by Public Trustee Deed dated March 29, 1993 with regard to Jefferson County Public Foreclosure No. J-2736, described as follows: That part of the Northwest 1/4 of Section 22, Township 3 South, Range 69 West of the 6th P.M, more particularly described as follows: Commencing at the Northwest corner of said Section 22; running thence on an assumed bearing of South 00009'00" West along the West line of said Northwest 114, a distance of 2,048.62 feet, more or less, to the North right-of-way line of West 44th Avenue; thence South 89°43'01" East along said North right-of-way line, 1,099.00 feet, more or less, to the Southwest corner of a parcel of land described in a deed recorded at Reception No. 87140796 of the Jefferson County Records, 375.99 feet; thence South 89°51'00" West, 438.19 feet; thence due South 372.68 feet, more or less, to a point on said North right- of-way line; thence South 89°43'01" East, along said right-of-way line 437.36 feet, more or less to the True Point of Beginning, County of Jefferson,— State of Colorado. PARCEL III: Lot 1, Block 1, Cbado Subdivision, recorded March 1, 1991 at Reception No. 91016826 County of Jefferson, State of Colorado. ALSO KNOWN AS: Lots A and B, Block: 20, Juchem's Garden Place, together with the West 1/2 of vacated Third Street and the South 112 of vacated Flora Street, except those portions conveyed to the County of Jefferson by Deed recorded January 4, 1910, in Book 155 at Page 151; the Department of Highways, State of Colorado, by Deed recorded September 19, 1969 in Book 2133 at Page 738; the City of Wheat Ridge, Colorado, a municipal corporation by Deeds recorded November 10, 1972 In Book 2444 at Page 371, and May 10, 1985 under Reception No. 85043921, and any portion of subject property lying within the public way known as West 44th Avenue, Title Data, Inc. NA SKL12910 JF 134081-2007.002 County of Jefferson, State of Colorado, EXCEPTING THEREFROM those portions of subject property which have been released by partial releases recorded August 17, 1988 at Reception No. 88079970 and May 2, 1991 at Reception No. 91036883. PARCEL IV: Beginning at the Southwest corner of Tract 13, Juchem's Garden Place; thence North along the West line of said Tract 13, 36 feet; thence Easton line parallel to South line of Tract 13, Juchem's Garden Place, to center line of Third Street; thence South along center line of Third Street 66 feet to center line of Flora Street; thence West along center line of flora Street to a point which is 30 feet South of the Southwest corner of said Tract 13; thence North of Southwest corner of said Tract 13, which is the Place of Beginning intending to convey the South 36 feet of Tract 13, Juchem's Garden Place, together with 112 of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West, except that portion of the above described property described in deed recorded in Book 117-5 at Page 522, and except that portion of the above described property described In deed recorded under Reception No. 88080612, and except that portion of the above described property described in deed recorded September 8, 1969 in Book 2130 at Page 552, County of Jefferson, State of Colorado. Title Data, Inc. NA SKL12910 JF 134081-2007.003 I � L f Nq •" City of `�rWleat ge 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 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 yourapplication. Failure to complete and submit this Certfcation of Notice shall constitute sufficient grounds to reschedule your public hearing. as (Print name) (Position/Job Title) of/with (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for (Describe type of application) set for public hearing on 20—, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. -OR- Check here if there are no mineral estate owners of any portion of the subject property. 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I� 01,06Sl/M S# 13S 0db2i0100 =10 31b'1S 'NOS2i3JJ3f .�O ANfl0o '39OILIlb'3HM =10 ll10 'W�d Hl9 3Hl �O M 69 a ''S £ '1 '7,Z N01103S '44 MN 'b/L MS A=]Auns 3""""l111 C1NV""""`1 NS0V/Vi""1V 00 �� DQ'62/o r1�7 �v -�-� 6�1� l✓os?/���� o ,f rn� no2 2u� /,/ '6 Clty Of Wh6attidge COMMUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE -APPLICATION MEETING SUMMARY Meeting Date: August 14, 2014 Applicant: Mike Pharo (on behalf of the property owner, Lloyd Anastasi) Email: mplandplaaaaol.com Phone: 303-783-3772 7777 Depew Street Littleton, CO 80128 Attending Staff: Meredith Reckert, Senior Planner Lauren Mikulak, Senior Planner Mark Westberg, Projects Supervisor Specific Site Location: Northeast corner of W. 44`h Avenue and Kipling Street, including 4590, 4600, and 4650 Kipling and vacant land (PIN 39-222-09-018) Existing Zoning: Planned Commercial Development (PCD), Agricultural -One (A-1), Neighborhood Commercial (NC), and Residential -Two (R-2). Existing Comp. Plan: Mixed Use Commercial, Primary Commercial Corridor, Neighborhood Commercial Corridor Existing Site Conditions: The property is located at the northeast corner of W. 44`h Avenue and Kipling and includes four vacant parcels with split zoning with four different zone districts covering the property: Planned Commercial Development (PCD), Agricultural -One (A-1), Neighborhood Commercial (NC), and Residential -Two (R-2). All four lots are under single ownership and the total size of the site is approximatelyl2.4 acres in size. The parcel at the hard corner of 44`h and Kipling is excluded from the subject site; this property is under separate ownership and includes a fueling station and convenience store. The properties that surround the subject site include a variety of land uses and zoning designations. To the east is Pennington Elementary which is zoned R-2, and to the northeast is Ketelsen Campers (an RV dealer) zoned PCD. Across W. 44`h Avenue to the south are small commercial properties zoned C-1. Across Kipling to the east are the Kipling Village and Camelot Club Apartments zoned R-3 and PRD, an herbal supplement store zoned C-1, an office building zoned NC, and a church with split zoning. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the entire property to Mixed Use -Commercial (MU -C). There is no specific development being proposed at this time. The purpose of the zone change is to consolidate the zoning and prepare for future development. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting is required prior to a zone change application. Planning comments: The following items were discussed based on the applicant's proposal: Zoning The site currently has split zoning including Planned Commercial Development (PCD), Agricultural - One (A-1), Neighborhood Commercial (NC), and Residential -Two (R-2). The PCD zoning was originally approved to allow a potential expansion associated with the Ketelsen RV sales lot. The other three zoning designations were likely inherited from Jefferson County when the City incorporated. The purpose of the NC zone district is to allow for neighborhood -oriented commercial land uses. The A-1 zone district is intended for single-family homes or agricultural activities, and the R-2 zone district is intended for single- or two-family homes. The property needs to be rezoned prior to development, and staff recommends the Mixed Use - Commercial (MU -C) zone district. This zone district is generally located along major commercial corridors and at community and employment activity centers, is established to encourage medium to high density mixed use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. The purpose of the MU -C zone district is to create a flexible approach to land uses and to enhance the character of the City's commercial corridors by promoting development that accommodates a mix of land uses, is more urban in character, and is more pedestrian friendly. The rezoning process takes about four months to complete and requires a neighborhood meeting and two public hearings. The entire review process is outlined at the end of this summary. MU -C Development Standards While no specific development proposal is required to rezone to a mixed use zone district, new construction in MU -C requires compliance with the development standards in Article XI of Chapter 26. Mixed use zone districts have specific design requirements that address building placement, materials, transparency, parking, and open space requirements. For example: • Buildings are required to be located closer to the street (within 20 feet of the front property line). This is called the build -to area. • Building design must be of finished architectural quality with change in color, texture, and depth. • Primary building materials may include brick, stone, architectural pre -cast concrete, synthetic brick or masonry, hard coat stucco, integral textured colored concrete block, terra-cotta, and architectural metal panels. 2 For single use development, the open space requirement is 15%; for mixed use development, the open space requirement is reduced to 10%. Of this, 75% must be usable open space, such as courtyards or outdoor dining areas. Storm water detention areas may be counted toward usable open space if properly designed. Building height is permitted up to 4 stories (62 feet) for a single use building and up to 6 stories (90 feet) for a mixed use building. For a comprehensive review of the mixed use zone district and its development standards, please refer to the attached Municipal Code, Sections 26-1101 to 1119. Future Development Review Once zoning is approved, future development will require several additional land use applications. These will include a concept plan, subdivision, and site plan(s). The purpose of a concept plan is to establish a general land use and circulation framework—a neighborhood meeting will be required because the site is over 10 acres, but a concept plan is approved administratively. A property of this size is expected to be master planned to utilize shared access which will be established as part of the concept plan and subdivision applications. The plat may require public hearings depending on how many lots are involved. Site plan review is administrative and will be required for each building or phase to ensure consistently with all mixed use standards. A plat and concept plan is often required to be submitted concurrently. Site plans may be reviewed concurrently or subsequently. Another pre -application meeting will be required to discuss these three processes once a specific development is proposed. Site Configuration The northern portion of the site is relatively narrow in depth. It may be beneficial to contact the owner of the adjacent property to the east (Ketelsen Campers) to determine if there is any opportunity to increase the depth of the site. If this property owner is interested in being included in a potential future redevelopment, those parcels would also need to be rezoned. This could happen now as part of the proposed rezoning application or in the future. A rezoning at this time would not necessitate any change in use from the RV sales lot. Public Works comments: The following items were discussed based on the applicant's proposal: Access As stated above, access and circulation will be discussed in the future as part of the concept plan and subdivision applications and once specific land uses are proposed. Kipling Street is also known as State Highway 391 and access is controlled by the Colorado Department of Transportation (CDOT). It is unlikely that CDOT will allow multiple full turning movements on this frontage. In 2013, CDOT completed a preliminary study of the 1-70 and Kipling interchange and has proposed potential improvements to the interchange that could affect the alignment of the frontage road and access into the site. This study was called a Planning and Environmental Linkage (PEL) Study and the preferred designs are available on the CDOT website (see link below). The traditional diamond design shows a potential access into the subject site from the frontage road. 3 Kipling PEL: httn://www.coloradodot.info/projects/i70kiplingpel Traditional Diamond Interchange: httn://www.coloradodot.info/projects/i70kiplingpel/studv- recommendations West 44`h Avenue is a local street and access is controlled by the City. Again depending on the proposed land uses and development, it is possible that one full turning movement could be approved along this frontage. The preferred location for access would be in alignment with Jellison Street to the south. Rezoning Process This request will require a zone change application. The zone change process can take about four months, and the first step in the process began with the pre -application meeting on August 14, 2014. The next step in the process is to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 -foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 -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. 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. 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. 4 Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change requires two readings and must be approved by ordinance by the City Council. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance. Attachments: Neighborhood meeting template and samples, mixed use code, zone change checklist Phone Numbers Meredith Reckert — Senior Planner 303-235-2848 Lauren Mikulak — Senior Planner 303-235-2845 John Schumacher — Chief Building Official 303-235-2853 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 5 City of '�qW heat Rdge LAND USE CASE PROCESSING APPLICATION 7500 West 291h Community Development Department Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) , Address State Address State C PhonO A:)„ Fax Phone Fax — Contact 17� Address Phone City State Zip Fax (The person listed as contact will ontacted 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 thi ac tons fisted below which pertain to your request): I Please refer to submittal checklists for complete appli do requirements; incomplete applications will trot be accepted $,Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval O Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation O Other: Required information: Assessors Parcel Number: Size of Lot (acres or square footage): C Current Zoning: Proposed Zoning: Current Use: V Proposed Use: KW6 C I certifi- that the information and exhibits herewith submitted are true and correct to 11i st of my knowledge and that in filing this application, I am acting with the knowledge and consent of those at dab e. witho se on, it the requested action: cannot /awuNn be accomplished. Applicants other than owners must subm' ower- It it he oti np v of this action on his behalf. fi Notarized Signature of App is State of Colo do v U L/ I . County of } ss 1\ 1 0 The foregoin instrument (Land Use ProcessingApplication) was acknowledged KATHRYN A FIELD by me this c a- ay of 20 15- by A ee4etC��,L%�it �0 NOTARY PUBLIC STATE OF COLORADO Notary ID 20024012740 Notary Public My Commission Expires 05/07/2018 ------------ My commission expires /7/20 Q J To be filled ou by taff: GDA 0 r Date received �' 1 [15 Fee S Z 7-99QReceipt No. It (41-1V V3 Case No. Z - I l - O Comp Plan Design. Zoning -2 C 0 Quarter Section Mp Related Case No. Pre -App Mtg. Date Case Manager �j��_