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HomeMy WebLinkAboutWZ-15-12/ �11 City of "� Wheat�idd 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 March 31, 2016 Erika Shorter Equinox Properties 290 Fillmore St., Ste. B Denver CO 80206 Dear Ms. Shorter: At its meeting of January 21, 2016 Planning Commission recommended APPROVAL of Case No. WZ- 15-12, a request for approval of a zone change from Residential -Once (R-1) to Mixed Use Commercial (MU -C) for property located at 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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. At its meeting of March 14, 2016 City Council APPROVED Case No. WZ-15-12, a request for approval of a zone change from Residential -Once (R-1) to Mixed Use Commercial (MU -C) for property located at 3865 Kipling Street 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 zoning has been reviewed by Planning Commission, which has forwarded its recommendation of approval. 3. The requested zoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes from Planning Commission Minutes from City Council cc: WZ-15-12 (case file) WZ1512.doc 1% %%"xi.wheatridge.coms City Council Minutes March 14, 2016 ORDINANCES ON SECOND READING Page 3 1. Council Bill 03-2016 - An Ordinance Approving the rezoning of Property located at 3865 Kipling Street from Residential -One (R-1) to Mixed Use - Commercial (MU -C) (Case No. WZ-15-12/Equinox) Councilmember Pond introduced Council Bill 03-2016, Clerk Shaver assigned Ordinance 1593, Mayor Jay opened the Public Hearing Meredith Reckert, senior planner, gave the staff presentation. She entered into the record the comprehensive plan, the zoning ordinance, the case file and packet material, and the contents of the digital presentation. She testified that all notification and posting requirements have been met. • The property, owned by Equinox Properties, LLC, is located on the NW corner of 381h & Kipling. The proposed rezoning includes two parcels totaling 2.28 acres, • The irregularly shape lot has frontages on both Kipling and West 38`h Avenue. The gas station on the corner has a different owner and is not part of this application. • The purpose of the rezoning is to modify the list of allowed uses. The current R-1 zoning only allows single family residential and public uses (parks, schools, etc.) The MU -C zoning would add a wide range of commercial, office, retail and auto - related uses to the list. • Height limitations for future buildings: Residential - 35 feet; commercial - 50 feet • The applicant has no specific plans for development at this time. • If approved, any future development of the site would be reviewed and approved administratively. • Only one person came to the neighborhood meeting and was generally supportive. • All outside agencies can serve the property and have expressed no concerns. • The proposed zoning complies with the Comprehensive Plan. • The Planning Commission unanimously recommended approval of the rezoning. • Staff recommends approval of the rezoning. Council Questions Councilmember Mathews asked why the request isn't for straight C-1 zoning. Ms. Reckert reported our code doesn't allow that; it would have to be a Planned Commercial Development. Since the owner doesn't know how the land will be used, MU -C makes more sense as far as predictability. MU -C allows a wider range of uses and high density residential. Mr. Mathews expressed concern about a residential use adding more cars to an already terribly congested area - especially on Kipling, and the limited access. Councilmember Wooden received verification that this does not fall in the flood plain. In response to a question from Councilmember Mathews earlier in the day, Mr. Johnstone shared with the rest of the Council data about the amount of vacant land left in the city for certain categories. According to the Assessor's office, of completely vacant City Council Minutes March 14, 2016 Page 4 land we have 28 acres zoned R-1, 7 acres zoned R-2, and 39 acres zoned A-1 or A-2. Because the two buildings on this property are abandoned it is classified as vacant. Public comment Guy Stanfield (WR) received assurance this is across from a school and some uses won't be allowed In response to a question from Councilmember Duran Ms. Reckert noted that any site plan will show the use, require a traffic study, indicate needed improvements for Kipling, and show access points. Councilmember Pond asked for a quick review of the zoning criteria that is in our code of laws. Mr. Johnstone went through the criteria in the Planning Commission attachment in Council's packet material. Mayor Jay closed the Public Hearing. Motion by Councilmember Pond to approve Council Bill 03-2016, an ordinance Approving the rezoning of Property located at 3865 Kipling Street from Residential -One (R-1) to Mixed Use -Commercial (MU -C) (Case No. WZ-15-12/Equinox) 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 that meets 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 recommendations of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws Seconded by Councilmember Fitzgerald; carried 8-0 DECISIONS RESOLUTIONS AND MOTIONS [Technical note. To allow time for staff set-up for agenda Item #2, Council considered agenda Item #3 first, followed by Item #2 J 2. Motion to approve Johnson Street traffic calming request The residents on Johnson Street from 35th to 381h Avenue have petitioned to have speed humps installed on their street Councilmember Fitzgerald introduced Item No. 2. 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 WZ-15-12: an application filed by Equinox Properties for approval of a zone change from Residential -One (R-1) to Mixed Use Commercial (MU -C) for property located at 3865 Kipling Street. 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; therefore the Planning Commission has jurisdiction to hear this case. The applicant is requesting a zone change from Residential -One (R-1) to Mixed Use - Commercial (MU -C) for property located at 3865 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. The Mixed Used zoning has been very popular because it is a more predictable land use process instead of going through a long planned development process. There is also the option for a drive-thru if the applicant can meet the criteria. A neighborhood meeting was held on December 15, 2015 with one person in attendance and he was supportive on the rezoning and reinvestment in the property. There were no concerns from service agencies or city departments. Assuming the process moves forward then the next step would be a City Council public hearing on March 14, 2016, a site development plan, possible a plat and then a building permit. Ms. Reckert also stated that Kipling is a major highway and the commercial development along the Kipling Street corridor continues to intensify with new redevelopment. This rezone is consistent with the Comprehensive Plan and would provide further opportunity for new development. Commissioner OHM asked if any portion of the property is in a flood plain. Ms. Reckert stated it is not although Lena Gulch is adjacent to the property, but was channelized in the late 80's, early 90's. Planning Commission Minutes -2— January 2January 21, 2016 Commissioner OHM inquired with regards to the funny little jog on the north side of the property, is it a road to connect to 391h Avenue. Mr. Reckert state that at one time it was considered to be a potential access point to the property, but it doesn't make sense anymore because the Rec Center is so heavily used. Commissioner TIMMS asked about there being no scenarios by the applicant at this time, but at the neighborhood meeting there were two proposals. Ms. Reckert said that when the notes were taken from the Pre -application meeting then there were a couple of speculative proposals, but there is nothing at this time moving forward. Commissioner WEAVER asked what the regulation is with the sidewalk on the west side of Kipling. Ms. Reckert stated there will be build -to lines for new structures and the applicant will be required to build separated sidewalks and a tree lawn on both the Kipling Street and 38`h Avenue sides. Commissioner WEAVER also asked what the plan is for making 38`h and Kipling more pedestrian friendly. Ms. Reckert said the policy with heavily travelled corridors is to get the improvement built when property develops and then fill in the links. Commissioner BODEN had a few questions regarding the scenarios at the neighborhood meetings and whether it is appropriate to ask. Ms. Reckert restated that the intent of the zoning is there are no specific scenarios at this time. Commissioner BUCKNAM asked what the mandatory separation requirement for a drive-thru in MU -C the zoning. Ms. Reckert stated it is 500 -feet. If the applicant does a true mix of uses, a residential and a commercial component, then they do not have to meet the separation requirement. Commissioner BUCKNAM asked if self-service gas stations with kiosks count as a drive-thru as well as automatic car washes. Ms. Reckert said yes, they do. Planning Commission Minutes -3— January 3— January 21, 2016 Commissioner BUCKNAM also wanted some clarification on the zoning map. There is an R-1 zoning on the southwest corner, two properties to the west of the subject site and whether that was a previous case. Ms. Reckert stated it has been rezoned to MU -N, just not updated on the map. Commissioner BUCKNAM wanted to know why there is a differentiation of MU -N on the property to the southwest and this request for a MU -C. Ms. Reckert stated it is because of the proximity to Kipling Street which is more commercial. Commissioner OHM asked if the MU -C will go to the center line of the road. Ms. Reckert said yes, typically the zone district extends to the center line of the street. Erica Shorter Equinox Properties 1873 S. Bellaire St., Denver, CO Ms. Shorter explained that this property was purchased by Equinox Properties in October from Evergreen Development. Evergreen Development did have a Pre - Application meeting with possible site plan uses, but Equinox Properties is hoping to change the zoning then decide on uses for the property. Commissioner Boden asked if there have been any negotiation with the Shell Gas Station directly on the corner of 381" and Kipling. Ms. Shorter stated that there have been talks with Shell, but nothing is solidified at this time. Commissioner TIMMS asked if there is still an access permit with CDOT for Kipling Street. Ms. Shorter said there still is. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to recommend approval of Case No. WZ-15-12, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) for property located at 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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 -4— January 4January 21, 2016 Motion carried 7-0 8. OTHER ITEMS A. Resolution 01-2016: Establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. Ms. Reckert said this is a statutory requirement done once a year and the public posting area is the front lobby of the Municipal Building. The meetings are also posted on the website and in the Wheat Ridge Transcript. Nothing has been changed on this resolution from the previous year. It was moved by Commissioner TIMMS and seconded by Commissioner Kimsey to approve Resolution 01-2016, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado open meetings law. Motion carried 7-0. B. Terms Ending/Election of Officers Ms. Reckert stated there are three Commissions whose terms are coming to an end on March 2, 2016, Commissioner BUCKNAM, OHM and DORSEY, if interested in continuing then you need to reapply at the City Clerk's office. There is also still an opening for District 4. Ms. Reckert stated that at the second meeting in March a vote will be held for a new Chair and Vice Chair. C. New packet format In order to promote sustainability for the City of Wheat Ridge and the Community Development Department, new reusable packet satchels have been purchased for packet delivery. Ms. Reckert thanked all the Commissioners for returning the new satchels in which their Agenda Packets were delivered. 9. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner DORSEY to adjourn the meeting at 7:31 p.m. Motion carried 7-0. Alan Bucknam, Chair Planning Commission Minutes January 21, 2016 Tammy Odean, Recording Secretary -5— City of Wheatidge mr Co�u DtvuormENr Case No. WZ-15-09/Equinox A request for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) at 3865 Kipling street t Lv(lxmaI Atarah 14.2411(. N -C DDI; l CQ Aerial photo r ca .. Site -L A JU__�y 5,.41 w. - Looking north from M` Ai mue at the property frontage Looking nonhtrest from 311 Avenue to Itte adjacent dentist office Looking east toward the adjacent fueling station Looking cast along ?3"" Avenue - propcnr to the lell side Looking w'cst at property from Kipling Strict Looking northwest from Kipling Street toward Ree Center Development standards Looking north along Kipling - progeny is on the left Process Neighborhood Meeting: Held on December 15. 20 15 One attendee present Generally supportive of rezoning and reinvestment Referral: No concerns from city departments or agencies Subsequent referral for site plan review and subdisision Next stens: City Council public hearing - March 14. 2016 Specific development plan Plat - public hearings Building permit Comprehensive Plan Lq,lm, Maioi cinn�cniai .,,n iJoi .elle, hi hn uanl: wlumcs acrd is identified for redevelopment Community Commnrial - areas are economically strong promoting fiscal healdr and social well-being Mixed Use Commercial - appropriate for higher dcnsiq. tatter buildings and high quality de ign Staff Recommendation Staff recommends approval for the following reasons: • Zone change will promote the public health, safety and welfare. • Request is consistent with goals and objectives of Comp Plan. • Zone change will prepare it for redevelopment and may be a catalyst for other improvements or investments in the arca. • '['he criteria used to evaluate a zone change support the request. Planning Commission action Reviewed at a public hearing held on January 21, 2016 • Recommended approval • No members of the neighborhood spoke regarding the application City of W heat -Midge ITEM NO: • DATE: March 14, 2016 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2016 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -COMMERCIAL (MU -C) (CASE NO. WZ-15- 12/EQUINOX) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL ❑ ORDINANCES FOR 1" READING (02/08/2016) ® ORDINANCES FOR 2ND READING (03/14/2016) ❑ NO Community Develfpment Director CIty Manager ISSUE: The applicant is requesting approval of a zone change from Residential -One (R-1) to Mixed Use - Commercial (MU -C) for property located at 3865 Kipling Street. The proposed rezoning area includes two parcels which comprise approximately 2.2 acres. The purpose of the rezoning is to increase the range of permitted uses and to simplify the review and approval for future development on the property. This is the first step of the process for development of the site with MU -C zoning. If the zone change is approved, future redevelopment of the site would be reviewed administratively through a site plan review process to confirm compliance with all zoning code and architectural and site design standards. PRIOR ACTION: This case was heard by Planning Commission on January 21, 2016 and a recommended for approval. The staff report and meeting minutes from the Planning Commission public hearing are attached. Council Action Form — Zoning Change for 3865 Kipling Street March 14, 2016 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,894 were collected for the review and processing of Case No. WZ-15-12. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties, investment in the Kipling corridor and increased development potential for the property. BACKGROUND: Subject Property The site is located at the northwest corner of 38`h Avenue and Kipling Street. 3865 Kipling Street is zoned Residential -One (R-1) and has frontages on both Kipling Street and 38th Avenue. This irregularly shaped lot measures 99,361 square feet (2.28 acres) and has two vacant structures on the northern portion of the site. The parcel at the hard corner of 38th and Kipling is excluded from the zone change request; this property is under separate ownership and contains a fueling station and convenience store. The R-1 zone district was established to provide high quality, safe, quiet and stable low-density residential neighborhoods. The only uses allowed on this property under the current zoning are single family residential and public uses (parks, schools, etc.). Surrounding Land Uses The properties that surround the subject site include a variety of commercial land uses and zoning designations. To the west is a dental office built in the mid -2000's with PCD zoning. Across 83th Avenue to the south is the recently -developed Kipling Ridge shopping center which includes Sprouts, Starbucks and Morningstar assisted living, and has C-1 zoning. Properties across Kipling include a gas station, auto repair and a retail center zoned C-1. To the north is the City of Wheat Ridge Recreation Center which is zoned C-1 and R-1. Separating the subject site from the recreation center is Lena Gulch and the recreation center drive (West 391h Place). Current and 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. 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. The applicant has no specific development scenario at this time. RECOMMENDATIONS: Staff recommends approval of Council Bill No. 03-2016 on second reading. Council Action Form — Zoning Change for 3865 Kipling Street March 14, 2016 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2016, an ordinance approving the rezoning of property located at 3865 Kipling Street (Case No. WZ-15-12) from Residential -One (R-1) to Mixed Use — Commercial (MU -C), 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 that meets 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 of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." Or, "I move to deny Council Bill No. 03-2016, an ordinance approving the rezoning of property located at 3865 Kipling Street (Case No. WZ-15-12) from Residential -One (R-1) to Mixed Use — Commercial (MU -C), on second reading for the following reasons: 1. 2. 3." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2016 2. Planning Commission staff report with attachments 3. Planning Commission minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER POND COUNCIL BILL NO. 03 ORDINANCE NO. Series of 2016 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -COMMERCIAL (MU -C) (CASE NO. WZ-15- 12/EQUINOX) 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, Equinox Properties, LLC has submitted a land use application for approval of a zone change to Mixed Use -Commercial zone district for property located at 3865 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 Ridge 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 Equinox Properties, LLC for approval of a zone change ordinance from Residential -One (R-1) to Mixed Use -Commercial (MU -C) for property located at 3865 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: Parcel 1: That part of the E1/2E1/2SEoSEo of Section 21, Township 3 South, Range 69 West, Described as follows: Beginning at the Southeast corner of said Section; running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of said E1/2E1/2SEoSEo of said Section, which point is 600 feet North of South line of said Section; running thence along West line of said E1/2E1/2SEoSEo to South line of said Section; running thence East along South line of said Section to place of beginning; Attachment 1 Except that portion deeded to Standard Oil Company, a corporation organized under the laws of Indiana, recorded in Book 1026, Page 160, of the records of Jefferson County, and Except that portion deeded to The American Oil Company, a corporation duly organized under the laws of the State of Maryland, recorded in Book 2024, Page 347, and Except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado, and Except that portion conveyed to the City of Wheat Ridge by Quit Claim Deed recorded March 29, 1989 at Reception No. 89026317, and except those portions conveyed to the City of Wheat Ridge by Warranty Deeds recorded July 23, 1999 at Reception Nos. F0913893 and F0913895. County of Jefferson, State of Colorado. Parcel 2: A tract of land lying in the S.E. o of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West 1/2 of the East 1/2 of the Southeast o of the Southeast o of said Section 21; Thence Northerly along the East line of the said West 1/2 a distance of 30 feet to the True Point of Beginning; Said point lying on the North Right of Way line of West 38th Avenue; Thence Northerly along the East line of the said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99030', a distance of 20.28 feet, to a point which lies 20 feet West of the East line of the said West 1/2; Thence Southerly parallel to the said East line of the West 1/2 a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of West 38th Avenue; Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West 38th Avenue 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 81h day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 14, 2016 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 14th day of March, 2016. SIGNED by the Mayor on this day of 2016. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form: Gerald Dahl, City Attorney 1St publication: February 11, 2016 2nd publication: Wheat Ridge Transcript: Effective Date: ♦ 1 A I City of Wheat�dge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: January 21, 2016 WZ- 15-12/Equinox Approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) LOCATION OF REQUEST: 3865 Kipling PROPERTY OWNER: Equinox Properties, LLC APPROXIMATE AREA: 2.2 acres PRESENT ZONING: Residential -One (R-1) COMPREHENSIVE PLAN: Mixed Use Commercial; Community Commercial Center; Primary Commercial Corridor ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION SITE 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 -One (R-1) to Mixed Use — Commercial (MU -C) for property located at 3865 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 site development plan review will be required to confirm compliance with the city zoning code and the Architectural and Site Design Manual. A subdivision plat will be required as well. These reviews would be administrative with no additional public hearings required. 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 Subject Property The site is located at the northwest corner of 381h Avenue and Kipling Street. 3865 Kipling Street is zoned Residential -One (R-1) and has frontages on both Kipling Street and 38`h Avenue. This irregularly shaped lot measures 99,361 square feet (2.28 acres) and has two vacant structures on it on the northern portion of the site. The parcel at the hard corner of 44`h and Kipling is excluded from the zone change request; this property is under separate ownership and contains a fueling station and convenience store. (Exhibit 2, Aerial Photo) The R-1 zone district was established to provide high quality, safe, quiet and stable low density residential neighborhoods. The only uses allowed on this property with the current zoning are single family residential and public uses (parks, schools, etc.). Surrounding zoning and land use The properties that surround the subject site include a variety of land uses and zoning designations. (Exhibit 3, Zoning Map) To the west is a dental office built in the mid -2000's with PCD zoning. Abutting the property to the south is the recently -developed Kipling Ridge center with Sprouts, Starbucks and Morningstar assisted living with C-1 zoning. Properties across Kipling include a gas station, auto repair and a retail center zoned C-1. To the north is the City of Wheat Ridge recreation center which is zoned C-1 and R-1. Separating the subject site from the rec center is Lena Gulch and the rec center drive (West 39`h Place). (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 W Z-15-12/Equinox The purpose of the mixed use zoning districts 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 applicant has no specific development scenario at this time. The following table compares the existing and proposed zoning for the property. Development R-1 zoning MU -C zoning Standard Uses Single family Residential and commercial residential, uses (office, service and retail, public uses restaurant) Gas stations and car repair as conditional uses. Drive- throughs if the mandatory separation from adjacent drive-throughs can be met Architectural None High quality architecture Standards required - Mixed Use development standards related to articulation, variation, materials, transparency Max. Building Height 35' Residential structure — 35' Commercial structure — 50' Max. Lot Coverage 25% 80% Min. Landscaping N/A Mixed use — 10% Sin le use -15% Min. Front Setback 30' 0'-20' build -to lines along public streets If the rezoning is approved, the applicant would then submit for an administrative plan review and subdivision application, if required. Both the site plan and subdivision reviews would be administrative. The design 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.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. Planning Commission 3 WZ- l 5-12/Equinox The change of zone will not result in adverse effects on the surrounding area. While rezoning would allow uses beyond single-family residential, any new development will require site plan review through which traffic impacts, drainage and buffering will be analyzed. The MU -C zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. The rezoning could result in a revenue source for the City through the collection of sales tax. 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 site development plan application will be required and referred to all impacted utility and service agencies. The property owner/developer will be responsible for utility installation and/or upgrades. 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 north 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. Planning Commission 4 W Z-15-12/Equinox Envision Wheat Ridge Structure Plan Primary Commercial! Corrider Community �1 Commercial Center ■Mixed -Use Commercial 1�0 s �r Site The Community Commercial Center designation is an area of focus with the goal of ensuring that these areas remain economically strong and serve community needs related to the City's fiscal health and social well-being. Goals met with the proposal include the redevelopment of and reinvestment in underutilized commercial areas with long-term infill 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 designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. Planning Commission 5 W Z-15-12/Equinox 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. A prime example of this is the Kipling Ridge commercial center. The area is undergoing change and this rezoning application provides further opportunity for new development. The redevelopment of this parcel could act as a catalyst for additional redevelopment and property investment in the area. 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. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. However, 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, patrons of the rec center and commuters using the Kipling corridor. 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 December 15, 2015. One person attended the meeting. 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: Wheat Ridge 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. Planning Commission 6 W Z-15-12/Equinox Consolidated Mutual Water District: Can serve the property. Westridge Sanitation District: The property is located in the district but is not currently served by the district. Will need additional detail as the project moves forward. Wheat Ridge Economic Development: The Economic Development division and Urban Renewal fully supports the rezone application. The zone change does not conflict with the Kipling Corridor 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 site plan process. 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. Development 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-15-12. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-15-12, a request for approval of a zone change from Residential -One (R-1) to Mixed Use — Commercial (MU -C) for property located at 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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 prepare the property 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-15-12/Equinox Option B: "I move to recommend DENIAL of Case No. WZ-15-12, a request for approval of a zone change from Residential -One (R-1) to Mixed Use — Commercial (MU -C), for property located at 3865 Kipling Street, for the following reasons: Planning Commission WZ-15-12/Equinox Exhibit 1 — Applicant letter Dear City of Wheat Ridge: Equinox Properties. LLC is proposing a Rezoning, of the 2 2 acre property located at 3965 Kaplmg Street_ Cmfremth. the property is zoned Residential -Otic (R-1). and is occupied by two storage barns. howe%w the Cm, of Wheat Ridge Comprehensive Plan calls for C'e mm inity Commercial Center or Mixed Use Commercial on the property In accordance with the Comp Plan and girm its location at a highly trafficked intersection, the property's highest and best use is for commercial drvdopmtar. Equinox Properties, LLC desires to rezone the property to Mixed Use — Commercial (MU -C) End users are not drtermined at this trait. To allow flexibility on the sitr, the apphcam is proposing to rezone the property from Rrsidemial-One.. which allows only Single Family homes, to MixedUse Commercial allowing for a range of conrmrrrial and retail uses. Based on our research err behesr the proposal to change the zoning meets the following. per dw aituia aathnnd rn section 26-112 of the Wheat Ridge Muimcx Code- 1. The change of zone promotes the hrahb, safety and general welfare of the commnmity and will not resub in a significant ach-virw efirc t on the sumronndmg area, and 2- Adequate iafrastructttreeir available to serve the tvpes of uses allowed by the change of zone; and 3. The change of zone ism conformance with the City of Wheat Ridge compreheosine plan goals, objecrives and policies - Sincerely "'� -4 — Erika K. Shorts Represents ve for Equinox Properties. LIC elkshorter@p-n ail coin 303-324-9189 Planning Commission 9 WZ-15-12/Equinox Exhibit 2 — Aerial Map � S li • � i iC',!%�i,4d � .fir' •, w 10901 i 0396 D 003948 +; -A- �� 10901 F" 03890 '03890 038190 s-*`— a— M. f j07890��0J890`"03890 .. IL _ 2, 038821 038654 J ... - �03890,,,��a a , . z R a -- IO99WSJ 0386 8621e' Ow `� ..•1 — , 04505 S. 09999 10191� r OJJO5 102211' ■ is �!ll' " .,, � l z• AVE _ �, _-..ri - - - �__ �-Q . �`,' � .....ti.. r..e ._,. �.<,r-• �� Planning Commission 10 W Z-15-12/Equinox Exhibit 3 - Zoning Map Planning Commission WZ-15-12/Equinox 11 Exhibit 4 — Site Photos Looking northwest from 38`h Avenue to the adjacent dentist office Planning Commission 12 WZ-15-12/Equinox Looking west at property from Kipling Street Looking northwest from Kipling towards the City rec center Planning Commission 14 W Z-15-12/Equinox Looking north along Kipling — property is on the left Planning Commission 15 WZ-15-12/Equinox Exhibit 5 — Neighborhood Meeting Notes Meeting Date: Attending Staff: Location of Sleeting: Property Address: Property Ow ner(s): Property Owner(s) Present? Applicant: AnkankYJWW' Existing Zoning: Existing Comp. Plan: NEIGHBORHOOD MEETING :VOTES December 15, 2015 Lisa Ritchie, Planner II Zack Wallace, Planning Technician Wheat Ridge Municipal Building Second Floor Conference Room 7500 W. 296, Avenue Wheat Ridge, CO 80033 M65 -Kipling -Street Franklin and Lisa Denning No Equinox Properties, LLC lyes, rgwesented by Erika Shorter Residential -One (R-1) and Commercial -One (C-1) N&ed Use Commercial.- Community Commercial. Center Existing Site Conditions: The site is located at the northwest corner of 38th Avenue and Kipling Street. 3865 Kipling Street is zoned Residential -One (R-1) and has frontages on both Kipling Street and 38th Avenue, but does not encompass the hard corner- At the hard corner is a Shell,`Cirde K gas station and convenience store (3805 Kipling Street). This property is zoned Commercial -One (C-1). and may be part of the 3865 Kipling Street rezoning and future development. pending an agreement with the property owner - The Jefferson County accessor reports 3865 Kipling Street to be a vacant parcel of land. Though, there are some seemingly unused structures near Kipling Street between 38th Avenue and West 39th Avenue. As previously mentioned, a Shdl..Cirde K gas station and convenience store is located at 3805 Kipling Street with eight (8) pumps and a canopy. All of the pumps and the convenience store are located under the canopy. A car wash is located in the rear (Rest end) of the property. This irregularly shaped vacant lot measures 99,361 square feet (2.28 acres) according to the Jefferson County Accessors office- The Shet'Cirde K lot measures 33,715 square feet. Together, the lots total 133,076 square feet (3.06 acres)- There are currently no internal connects or joint access points to public streets. Planning Commission 16 W Z-15-12/Equinox Appficant/Ow ner Preliminary Proposal: The applicant is proposing to rezone the property to Mixed -Use Commercial; and create two nen- lots from the existing two lots (configured differently)_ the site will then be developed in accordance with the MU -C zone district standards. There have been discussions with the property owner on the corner (Shell'Cirde K) to include a commercial building to thenorth, and a newly constructed canopy and larger convenience store in the southern portion ofthe lot_ However an agreement has not been reached_ The applicants have already received an access permit from CDOT to construct an access drive from Kipling Street_ The following is a summary of the neiigbborhood Wig: • In addition to the applicant and staff_ one members ofthe public attended the neighborhood meeting: Greg Moran • Ms. Shorter briefly explained that at this time there are no final plans or end users for this site_ but rather this is simply a rezoning from a lone -density residential (R-1) property to a Mixed -Use Commercial property for market proposes. • The attendee. Mr. Moran, had no objections. and ca e because he was curious of what was being proposed_ Planning Commission 17 WZ-15-12/Equinox 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 WZ-15-12: an application filed by Equinox Properties for approval of a zone change from Residential -One (R-1) to Mixed Use Commercial (MU -C) for property located at 3865 Kipling Street. 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; therefore the Planning Commission has jurisdiction to hear this case. The applicant is requesting a zone change from Residential -One (R-1) to Mixed Use - Commercial (MU -C) for property located at 3865 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. The Mixed Used zoning has been very popular because it is a more predictable land use process instead of going through a long planned development process. There is also the option for a drive-thru if the applicant can meet the criteria. A neighborhood meeting was held on December 15, 2015 with one person in attendance and he was supportive on the rezoning and reinvestment in the property. There were no concerns from service agencies or city departments. Assuming the process moves forward then the next step would be a City Council public hearing on March 14, 2016, a site development plan, possible a plat and then a building permit. Ms. Reckert also stated that Kipling is a major highway and the commercial development along the Kipling Street corridor continues to intensify with new redevelopment. This rezone is consistent with the Comprehensive Plan and would provide further opportunity for new development. Commissioner OHM asked if any portion of the property is in a flood plain. Ms. Reckert stated it is not although Lena Gulch is adjacent to the property, but was channelized in the late 80's, early 90's. Planning Commission Minutes January 21, 2016 Attachment 3 -2— Commissioner OHM inquired with regards to the funny little jog on the north side of the property, is it a road to connect to 39`h Avenue. Mr. Reckert state that at one time it was considered to be a potential access point to the property, but it doesn't make sense anymore because the Rec Center is so heavily used. Commissioner TIMMS asked about there being no scenarios by the applicant at this time, but at the neighborhood meeting there were two proposals. Ms. Reckert said that when the notes were taken frd�_ the Pre -application meeting then there were a couple of speculative proposals, b (there is nothing at this time moving forward. Commissioner WEAVER asked what lation is a sidewalk on the west side of Kipling. Ms. Reckert stated there will be build -M be required to build separated sidewalks 38`h Avenue sides. for new structures and the applicant will t tree lawn on both the Kipling Street and Commissioner WEAVER also asked what the plan .is for making 38`h and Kipling more pedestriaNendly. Ms. Reckert said the policy with heavily travelled corridors is to get the improvement built when property develops and then fill in the links. Commissioner BODEN had a few questions regarding the scenarios at the neighborhood meetings and whether Q! 6ppropnate to ask. Ms. Reckert restated that the intent of the zoning is there are no specific scenarios at this time. Commissioner BUCKNAM asked what the mandatory separation requirement for a drive-thru in MU -C toe zoning. Ms. Reckert stated it is 500 -feet. If the applicant does a true mix of uses, a residential and a commercial component, then they do not have to meet the separation requirement. Commissioner BUCKNAM asked if self-service gas stations with kiosks count as a drive-thru as well as automatic car washes. Ms. Reckert said yes, they do. Planning Commission Minutes -3— January 3— January 2l , 2016 Commissioner BUCKNAM also wanted some clarification on the zoning map. There is an R- I zoning on the southwest corner, two properties to the west of the subject site and whether that was a previous case. Ms. Reckert stated it has been rezoned to MU -N, just not updated on the map. Commissioner BUCKNAM wanted to know why there is a differentiation of MU -N on the property to the southwest and this request for a MU -C. Ms. Reckert stated it is because of the proximity to Yjaling Street which is more commercial. Commissioner OHM asked if the MU -C wil jenter line of the road. Ms. Reckert said yes, typically the Erica Shorter Equinox Properties 1873 S. Bellaire e Ms. Shorter explained that 's property October from Evergreen ment. Eve Application meeting with p e plan change the zoning then deci "ion the t extendsW center line of the street. i reZveloPmment byuinox rties in did h 've a Pre- uinox Properties is hoping to Commissionet'_w, .:' =asked if th have ego on with the Shell Gas Station di; yon th er of 3 , M A4. Ms. Shorter sW that tlf have bee s with Shell, but nothing is solidified at this • _ ;WIL el if Ms`Sborter said theli. ill is. \-� an access permit with CDOT for Kipling Itwas m'- by Co ssioner OHM and seconded by Commissioner DORSEY to recomm " I of Case No. W2r15-12, a request for approval of a zone change from al -One (R-1) to Mixed Use -Commercial (MU -C) for property locate t 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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 -4— January 4_January 21, 2016 Motion carried 7-0 8. OTHER ITEMS A. Resolution 01-2016: Establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. Ms. Reckert said this is a statutory requirement done once a year and the public posting area is the front lobby of the Municipal Building. The meetings are also posted on the website and in the Wheat Ridge Transcript. Nothing has been changed on this resolution from the previous year. It was moved by Commissioner TIMMS and seconded by Commissioner Kimsey to approve Resolution 01-2016, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado open meetings law. Motion carried 7-0. B. Terms Ending/Election of Officers Ms. Reckert stated there are three Commissions whose terms are coming to an end on March 2, 2016, Commissioner BUCKNAM, OHM and DORSEY, if interested in continuing then you need to reapply at the City Clerk's office. There is also still an opening for District 4. Ms. Reckert stated that at the second meeting in March a vote will be held for a new Chair and Vice Chair. C. New packet format In order to promote sustainability for the City of Wheat Ridge and the Community Development Department, new reusable packet satchels have been purchased for packet delivery. Ms. Reckert thanked all the Commissioners for returning the new satchels in which their Agenda Packets were delivered. 9. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner DORSEV to adjourn the meeting at 7:31 p.m. Motion carried 7-0. Alan Bucknam, Chair Tammy Odean, Recording Secretary Planning Commission Minutes - 5— January 21, 2016 of wh�fty atj�idge POSTING CERTIFICATION CASE NO. 1:5- - 12.. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: .3 — l `i - l ld I, residing at (name) (address) as the applicant for Case No. (s - I z- , hereby certify that I have posted the Notice of Public Hearing at 3 (os f (�'� 1' S4 yti (location) on this day of 20, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: - NOTE: This form must be submitted at the public hearing on is case and will be placed in the applicant's case file at the Community Development Department. City `of Wheati e PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Community Development Department. One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. City of v ITEM NO: DATE: February 8, 2016 REQUEST FOR CITY COUNCIL ACTION 1 TITLE: COUNCIL BILL NO. 03-2016 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -COMMERCIAL (MU -C) (CASE NO. WZ-15- 12/EQUINOX) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (02/08/2016) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (03/14/2016) ❑ RESOLUTIONS QUASI-JUDICIAL ® YES ❑ NO ommunitXpeveWpmeni—`ector City Manager ISSUE: The applicant is requesting approval of a zone change from Residential -One (R-1) to Mixed Use - Commercial (MU -C) for property located at 3865 Kipling Street. The proposed rezoning area includes two parcels which comprise approximately 2.2 acres. 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. This is the first step of the process for development of the site with MU -C zoning. If the zone change is approved, future redevelopment of the site would be reviewed administratively through a site plan review process to confirm compliance with all zoning code standards. PRIOR ACTION: This case was heard by Planning Commission on January 21, 2016. The staff report and meeting minutes from the Planning Commission hearing will be included with the ordinance for second reading. Council Action Form — Zoning Change for 3865 Kipling Street February 8, 2016 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $1,894 were collected for the review and processing of Case No. WZ-15-12. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties, investment in the Kipling corridor and increased development potential for the property. BACKGROUND: Subject Property The site is located at the northwest corner of 38`h Avenue and Kipling Street. 3865 Kipling Street is zoned Residential -One (R-1) and has frontages on both Kipling Street and 38a' Avenue. This irregularly shaped lot measures 99,361 square feet (2.28 acres) and has two vacant structures on the northern portion of the site. The parcel at the hard corner of 38th and Kipling is excluded from the zone change request; this property is under separate ownership and contains a fueling station and convenience store. The R-1 zone district was established to provide high quality, safe, quiet and stable low-density residential neighborhoods. The only uses allowed on this property with the current zoning are single family residential and public uses (parks, schools, etc.). Surrounding Land Uses The properties that surround the subject site include a variety of land uses and zoning designations. To the west is a dental office built in the mid -2000's with PCD zoning. Abutting the property to the south is the recently -developed Kipling Ridge center with Sprouts, Starbucks and Morningstar assisted living with C-1 zoning. Properties across Kipling include a gas station, auto repair and a retail center zoned C-1. To the north is the City of Wheat Ridge Recreation Center which is zoned C-1 and R-1. Separating the subject site from the recreation center is Lena Gulch and the recreation center drive (West 30 Place). Current and 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. 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. The applicant has no specific development scenario at this time. Council Action Form — Zoning Change for 3865 Kipling Street February 8, 2016 Page 3 RECOMMENDATIONS: Staff recommends approval of Council Bill No. 3-2016 on first reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 03-2016 an ordinance approving the rezoning of property located at 3865 Kipling Street on first reading, order it published, public hearing set for Monday, March 14, 2016 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. 03-2016 l� (� ) O CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _ COUNCIL BILL NO. 03 ORDINANCE NO. Series of 2016 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 3865 KIPLING STREET FROM RESIDENTIAL -ONE (R-1) TO MIXED USE -COMMERCIAL (MU -C) (CASE NO. WZ-15- 12/EQUINOX) 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, Equinox Properties, LLC has submitted a land use application for approval of a zone change to Mixed Use -Commercial zone district for property located at 3865 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 Ridge 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 Equinox Properties, LLC for approval of a zone change ordinance from Residential -One (R-1) to Mixed Use -Commercial (MU -C) for property located at 3865 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: Parcel 1: That part of the E1/2E1/2SEoSEo of Section 21, Township 3 South, Range 69 West, Described as follows: Beginning at the Southeast corner of said Section; running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of said E1/2E1/2SEoSEo of said Section, which point is 600 feet North of South line of said Section; running thence along West line of said E1/2E1/2SEoSEo to South line of said Section; running thence East along South line of said Section to place of beginning; /ATTACHMENT 1 Except that portion deeded to Standard Oil Company, a corporation organized under the laws of Indiana, recorded in Book 1026, Page 160, of the records of Jefferson County, and Except that portion deeded to The American Oil Company, a corporation duly organized under the laws of the State of Maryland, recorded in Book 2024, Page 347, and Except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado, and Except that portion conveyed to the City of Wheat Ridge by Quit Claim Deed recorded March 29, 1989 at Reception No. 89026317, and except those portions conveyed to the City of Wheat Ridge by Warranty Deeds recorded July 23, 1999 at Reception Nos. F0913893 and F0913895. County of Jefferson, State of Colorado. Parcel 2: A tract of land lying in the S.E. o of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West 1/2 of the East 1/2 of the Southeast o of the Southeast o of said Section 21; Thence Northerly along the East line of the said West 1/2 a distance of 30 feet to the True Point of Beginning; Said point lying on the North Right of Way line of West 38th Avenue; Thence Northerly along the East line of the said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99030', a distance of 20.28 feet, to a point which lies 20 feet West of the East line of the said West 1/2; Thence Southerly parallel to the said East line of the West 1/2 a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of West 38th Avenue; Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West 38th Avenue 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 on this 811 day of February, 2016, ordered it published with Public Hearing and consideration on final passage set for Monday, March 14, 2016 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 14th day of March, 2016. SIGNED by the Mayor on this _ day of 2016. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney 1 st publication: 2"d 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 WZ-15-12: an application filed by Equinox Properties for approval of a zone change from Residential -One (R-1) to Mixed Use Commercial (MU -C) for property located at 3865 Kipling Street. 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; therefore the Planning Commission has jurisdiction to hear this case. The applicant is requesting a zone change from Residential -One (R-1) to Mixed Use - Commercial (MU -C) for property located at 3865 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. The Mixed Used zoning has been very popular because it is a more predictable land use process instead of going through a long planned development process. There is also the option for a drive-thru if the applicant can meet the criteria. A neighborhood meeting was held on December 15, 2015 with one person in attendance and he was supportive on the rezoning and reinvestment in the property. There were no concerns from service agencies or city departments. Assuming the process moves forward then the next step would be a City Council public hearing on March 14, 2016, a site development plan, possible a plat and then a building permit. Ms. Reckert also stated that Kipling is a major highway and the commercial development along the Kipling Street corridor continues to intensify with new redevelopment. This rezone is consistent with the Comprehensive Plan and would provide further opportunity for new development. Commissioner OHM asked if any portion of the property is in a flood plain. Ms. Reckert stated it is not although Lena Gulch is adjacent to the property, but was channelized in the late 80's, early 90's. Planning Commission Minutes January 21, 2016 -2— 1. 2. 3. 4. ���• City of Wheat �dge PLANNING COMMISSION Minutes of Meeting January 21, 2016 CALL THE MEETING TO ORDER The meeting was called to order by Chair Bucknam at 7:01 p.m. in the City Council 4 Chambers of the Municipal Building, 7500 West 29`b Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Amanda Weaver None Meredith Reckert, Senior Planner Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda with the addition of Resolution 01-2016 establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law, under number 8 Other Items. Motion carried 7-0. 5. APPROVAL OF MINUTES — December 3, 2015 It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the minutes of December 3, 2015, as written. Motion carried 7-0 Planning Commission Minutes January 21, 2016 no Commissioner OHM inquired with regards to the funny little jog on the north side of the property, is it a road to connect to 39`h Avenue. Mr. Reckert state that at one time it was considered to be a potential access point to the property, but it doesn't make sense anymore because the Rec Center is so heavily used. Commissioner TIMMS asked about there being no scenarios by the applicant at this time, but at the neighborhood meeting there were two proposals. Ms. Reckert said that when the notes were taken from the Pre -application meeting then there were a couple of speculative proposals, but there is nothing at this time moving forward. Commissioner WEAVER asked what the regulation is with the sidewalk on the west side of Kipling. Ms. Reckert stated there will be build -to lines for new structures and the applicant will be required to build separated sidewalks and a tree lawn on both the Kipling Street and 38`h Avenue sides. Commissioner WEAVER also asked what the plan is for making 38`h and Kipling more pedestrian friendly. Ms. Reckert said the policy with heavily travelled corridors is to get the improvement built when property develops and then fill in the links. Commissioner BODEN had a few questions regarding the scenarios at the neighborhood meetings and whether it is appropriate to ask. Ms. Reckert restated that the intent of the zoning is there are no specific scenarios at this time. Commissioner BUCKNAM asked what the mandatory separation requirement for a drive-thru in MU -C the zoning. Ms. Reckert stated it is 500 -feet. If the applicant does a true mix of uses, a residential and a commercial component, then they do not have to meet the separation requirement. Commissioner BUCKNAM asked if self-service gas stations with kiosks count as a drive-thru as well as automatic car washes. Ms. Reckert said yes, they do. Planning Commission Minutes -3— January 3_January 21, 2016 Commissioner BUCKNAM also wanted some clarification on the zoning map. There is an R-1 zoning on the southwest corner, two properties to the west of the subject site and whether that was a previous case. Ms. Reckert stated it has been rezoned to MU -N, just not updated on the map. Commissioner BUCKNAM wanted to know why there is a differentiation of MU -N on the property to the southwest and this request for a MU -C. Ms. Reckert stated it is because of the proximity to Kipling Street which is more commercial. Commissioner OHM asked if the MU -C will go to the center line of the road. Ms. Reckert said yes, typically the zone district extends to the center line of the street. Erica Shorter Equinox Properties 1873 S. Bellaire St., Denver, CO Ms. Shorter explained that this property was purchased by Equinox Properties in October from Evergreen Development. Evergreen Development did have a Pre - Application meeting with possible site plan uses, but Equinox Properties is hoping to change the zoning then decide on uses for the property. Commissioner Boden asked if there have been any negotiation with the Shell Gas Station directly on the corner of 38`s and Kipling. Ms. Shorter stated that there have been talks with Shell, but nothing is solidified at this time. Commissioner TIMMS asked if there is still an access permit with CDOT for Kipling Street. Ms. Shorter said there still is. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to recommend approval of Case No. WZ-15-12, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) for property located at 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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 -4— January 4—January 21, 2016 Commissioner BUCKNAM also wanted some clarification on the zoning map. There is an R-1 zoning on the southwest corner, two properties to the west of the subject site and whether that was a previous case. Ms. Reckert stated it has been rezoned to MU -N, just not updated on the map. Commissioner BUCKNAM wanted to know why there is a differentiation of MU -N on the property to the southwest and this request for a MU -C. Ms. Reckert stated it is because of the proximity to Kipling Street which is more commercial. Commissioner OHM asked if the MU -C will go to the center line of the road. Ms. Reckert said yes, typically the zone district extends to the center line of the street. Erica Shorter Equinox Properties 1873 S. Bellaire St., Denver, CO Ms. Shorter explained that this property was purchased by Equinox Properties in October from Evergreen Development. Evergreen Development did have a Pre - Application meeting with possible site plan uses, but Equinox Properties is hoping to change the zoning then decide on uses for the property. Commissioner Boden asked if there have been any negotiation with the Shell Gas Station directly on the corner of 38`h and Kipling. Ms. Shorter stated that there have been talks with Shell, but nothing is solidified at this time. Commissioner TIMMS asked if there is still an access permit with CDOT for Kipling Street. Ms. Shorter said there still is. It was moved by Commissioner OHM and seconded by Commissioner DORSEY to recommend approval of Case No. WZ-15-12, a request for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) for property located at 3865 Kipling Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, and 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 -4— January 4_January 21, 2016 8. Motion carried 7-0 OTHER ITEMS A. Resolution 01-2016: Establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. Ms. Reckert said this is a statutory requirement done once a year and the public posting area is the front lobby of the Municipal Building. The meetings are also posted on the website and in the Wheat Ridge Transcript. Nothing has been changed on this resolution from the previous year. It was moved by Commissioner TIMMS and seconded by Commissioner Kimsey to approve Resolution 01-2016, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado open meetings law. Motion carried 7-0. B. Terms Ending/Election of Officers Ms. Reckert stated there are three Commissions whose terms are coming to an end on March 2, 2016, Commissioner BUCKNAM, OHM and DORSEY, if interested in continuing then you need to reapply at the City Clerk's office. There is also still an opening for District 4. Ms. Reckert stated that at the second meeting in March a vote will be held for a new Chair and Vice Chair. C. New packet format In order to promote sustainability for the City of Wheat Ridge and the Community Development Department, new reusable packet satchels have been purchased for packet delivery. Ms. Reckert thanked all the Commissioners for returning the new satchels in which their Agenda Packets were delivered. 9. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner DORSEY to adjourn the meeting at 7:31 p.m. Motion carried 7-0. Alan Bucknam, Chair Planning Commission Minutes January 21, 2016 Tammy Odean, Recording Secretary -5— City o. Wheat I udgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-12 Date of Planning Commission hearing: January 21, 2016 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 13 letters on January 7, 2016 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Date: f - i - I S City of Wheatp,ici�e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.D) January 7, 2016 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-15-12, an application filed by Equinox Properties for approval of a zone change from Residential -One (R-1) to Mixed Use -Commercial (MU -C) located at 3865 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: Planning Commission January 21, 2016 (aD 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. If you need inclusion assistance, please call Heather Geyer, Public Information OIficer, at 303-235-2826 at least one week in advance of the meeting. www.cl.wheatridge.co.us { Impg r,_. CIRCLE K STORES INC DENNING FRANKLIN D JR BUCK MICHAEL % PROPERTY TAX DEPT DC 17 DENNING LISA M PO BOX 445 PO BOX 52085 14700 W 82ND AVE WATKINS CO 80137 PHOENIX AZ 85072 ARVADA CO 80005 INVESTMENT HOUSING CORPORATION PO BOX 18375 GOLDEN CO 80402 LARJU LLC P O BOX 19211 DENVER CO 80219 MVG KIPLING RIDGE LLC 2240 BLAKE ST 200 DENVER CO 80205 ZIRKEL PROPERTIES LLC 7552 MOUNT ZIRKEL LITTLETON CO 80127 JEFFERSON COUNTY SCHOOL DIST R 1 JEMACO LLC 1829 DENVER WEST DR 3850 KIPLING ST GOLDEN CO 80401 WHEAT RIDGE CO 80033 MILLENNIUM VENTURE GROUP INC 2240 BLAKE ST 200 DENVER CO 80205 NEELY ORVILLE L NEELY A WAYNE % DEAN A HARRISON PO BOX 1838 ARVADA CO 80001 MR LAND LLC 10135 W 38TH AVE WHEAT RIDGE CO 80033 SECOND CONVENIENCE STORES PROPERTIES CORP P O BOX 406 TOPSFIELD MA 1983 2015105625 10/2/201510:48 AM PGS 3 $21.00 DF $77.50 Electronically Recorded Je`ferson Ccur:y Co Faye Griffin C erk and Recorder 7 .1000 Y WHEN RECORDED RETURN TO: Equinox Properties, LLC 3682 E Easter Circle North Centennial, CO 80122 File Number: 665119-A SPECIAL WARRANTY DEED THIS DEED, Made this October -,2L, 2015, between Franklin D. Denning, Jr. and Lisa M. Denning of the County of Jefferson and State of Colorado, grantor, and Equinox Properties, LLC, a Colorado limited liability company whose legal address is 3682 E Easter Circle North, Centennial, CO 80122 of the County of Arapahoe and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (¢10.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, soli and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: Parcel 1: That part of the E'/2E'/2SE'/4SEy/4 of Section 21, Township 3 South, Range 69 West, Described as follows: Beginning at the Southeast corner of said Section; running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of said E'/zE'/zSE�/4SE�/4 of said Section, which point is 600 feet North of South line of said Section; running thence along West line of said E'/2E'/SSE'/4SE1/4 to South line of said Section; running thence East along South line of said Section to place of beginning; Except that portion deeded to Standard Oil Company, a corporation organized under the laws of Indiana, recorded in Book 1026, Page 160, of the records of Jefferson County, and Except that portion deeded to The American Oil Company, a corporation duly organized under the laws of the State of Maryland, recorded in Book 2024, Page 347, and Except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado, and Except that portion conveyed to the City of Wheat Ridge by Quit Claim Deed recorded March 29, 1989 at Reception No. 89026317, and Except those portions conveyed to the City of Wheat Ridge by Warranty Deeds recorded July 23, 1999 at Reception Nos. F0913893 and F0913895, and Except that portion conveyed to the City of Wheat Ridge by Deed recorded May 7, 1980 at Reception No. 80035262, and Except any portion located within the Consolidation Plat Amoco Station No. 5215 recorded April 25, 1989, at Reception No. 89034911, Doc Fee: $77.50 Page 1 of 3 (o(y5I1q County of Jefferson, State of Colorado. Parcel 2: A tract of land lying in the S.E. 1/4 of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 'A of said Section 21; Thence Northerly along the East line of the said West 1/2 a distance of 30 feet to the True Point of Beginning; Said point lying on the North Right of Way line of West 38th Avenue; Thence Northerly along the East line of the said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99030', a distance of 20.28 feet, to a point which lies 20 feet West of the East line of the said West 112.; Thence Southerly parallel to the said East line of the West 1/2 a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of West 38th Avenue; Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West 38th Avenue to the True Point of Beginning. County of Jefferson, State of Colorado. also known by street and number as: 3865 Kipling Street, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee his heirs, and assign forever. The grantor for his heirs and personal representatives or successors, does covenant and agree that this shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Page 2 of 3 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. rIt Franklin D. Dennin Jr. Lisa M. Denning AARON JAMES HARRIS State of Colorado NOTARY PUBLIC STATE OF COLORADO County of JeffersonNOTARY ID 20134075636 MY COMMI,SSON EXPIRES DECEMBER 11, 2017 The foregoing instrument was acknowledged to before me this October_, 2015 by Franklin D. Denning, Jr. and Lisa M. Denning. Witness my hand and officiaI. My commission expires: 2 It I Zvi 1 Notary Public Page 3 of 3 December 17, 2015 Dear City of Wheat Ridge: As Owner of the property at 3865 Kipling Street, I consent and authorize Erika Shorter to submit this application to rezone the property. I acknowledge final approval will be determined by the City of Wheat Ridge. Sincerely, i �inard Cra g Manager Equinox Properties, LLC 290 Fillmore St, Ste B Denver, CO 80206 ♦ r A I W• ' City Of Wheat idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. l�Erika Shorter as Consultant (Print name) (PositioWJob Title) of/with Equinox Properties, LLC (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for Rezone of 3865 Kipling Street (Describe type of application) ,set for public hearing on TBD 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. QIX-M ® Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this I8th day of December 92015 IIn Parcel 1: That part of the E1/2E1/2SEoSEo of Section 21, Township 3 South, Range 69 West, Described as follows: Beginning at the Southeast corner of said Section; running thence North along East line of said Section 762 feet to a point; running thence in Southwesterly direction in a straight line to a point on West line of said E1/2E1/2SEoSEo of said Section, which point is 600 feet North of South line of said Section; running thence along West line of said E1/2E1/2SEoSEo to South line of said Section; running thence East along South line of said Section to place of beginning; Except that portion deeded to Standard Oil Company, a corporation organized under the laws of Indiana, recorded in Book 1026, Page 160, of the records of Jefferson County, and Except that portion deeded to The American Oil Company, a corporation duly organized under the laws of the State of Maryland, recorded in Book 2024, Page 347, and Except right of way for West 38th Avenue, and right of way for Kipling Street which have previously been granted to the County of Jefferson, State of Colorado, and Except that portion conveyed to the City of Wheat Ridge by Quit Claim Deed recorded March 29, 1989 at Reception No. 89026317, and Except those portions conveyed to the City of Wheat Ridge by Warranty Deeds recorded July 23, 1999 at Reception Nos. F0913893 and F0913895. County of Jefferson, State of Colorado. Parcel 2: A tract of land lying in the S.E. o of Section 21, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the Southeast corner of the West 1/2 of the East 1/2 of the Southeast o of the Southeast o of said Section 21; Thence Northerly along the East line of the said West 1/2 a distance of 30 feet to the True Point of Beginning; Said point lying on the North Right of Way line of West 38th Avenue; Thence Northerly along the East line of the said West 1/2 a distance of 296.4 feet; Thence on a deflection left 99°30', a distance of 20.28 feet, to a point which lies 20 feet West of the East line of the said West 1/2; Thence Southerly parallel to the said East line of the West 1/2 a distance of 293.0 feet more or less to a point on the Northerly Right of Way line of West 38th Avenue; Thence Easterly a distance of 20 feet along the said Northerly Right of Way line of West 38th Avenue to the True Point of Beginning. County of Jefferson, State of Colorado. For informational purposes only: APN - 39-214-00-029 tlAi/4 es. sr .. w NOM tv •INNNV 'a* 31 'wow -v9i . lOv! O. r.ovww eve miwn ry - it '.v.lr: w„n.._n.u.... '7NI'S1Nv1-1fISN0'1 r�3wow3.� Y -•,� �z�v OOVllO�O3 '31DQR! 1V3HM GIA TT.1'_MMI Wd H19 'M89!! 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Currently the property is zoned Residential -One (R-1), and is occupied by two storage barns, however the City of Wheat Ridge Comprehensive Plan calls for Community Commercial Center or Mixed Use Commercial on the property. In accordance with the Comp Plan and given its location at a highly trafficked intersection, the property's highest and best use is for commercial development. Equinox Properties, LLC desires to rezone the property to Mixed Use — Commercial (MU -C). End users are not determined at this time. To allow flexibility on the site, the applicant is proposing to rezone the property from Residential -One, which allows only Single Family homes, to Mixed Use Commercial, allowing for a range of commercial and retail uses. Based on our research, we believe the proposal to change the zoning meets the following, per the criteria outlined in section 26-112 of the Wheat Ridge Municipal Code: 1. The change of zone promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area; and 2. Adequate infrastructure are available to serve the types of uses allowed by the change of zone; and 3. The change of zone is in conformance with the City of Wheat Ridge comprehensive plan goals, objectives and policies. Sincerely 4 Erika K. Shorter Representative for Equinox Properties, LLC elkshorter(a;gmail.com 303-324-9189 Property Information GENERAL INFORMATION Schedule: 048793 Parcel ID: 39-214-00-029 Status: Active Property Type: Vacant Land Property Address: 03865 KIPLING ST WHEAT RIDGE CO 80033 Mailing Address: 14700 W 82ND AVE ARVADA CO 80005 Neighborhood: 2403 - APPLEWOOD VILLAGES, PROSPECT VALLEY AREAS PROPERTY DESCRIPTION Subdivision Name: - Print Help Owner Name(s) DENNING FRANKLIN D JR DENNING LISA M Block Lot Key Section Township Range QuarterSection and Sgft 047 21 3 69 SE 99361 Total 199361 Assessor Parcel Maps Associated with Schedule Graphic Parcel Maw MapQuest Location pmap39-214.pdf SALE HISTORY Sale Date Sale Amount Deed Type Reception 07-26-1979 0 CONVER01 01-14-1986 0 Quit Claim Deed - Joint Tenancy 86016132 07-02-1999 0 Warranty Deed F0913894 TAX INFORMATION 2015 Payable 2016 C 2015 Mill Levy Information Actual Value Land 365,750 Total 365,750 School Assessed Value Land 106,068 Total 106,068 Treasurer Information View Mill Levy Detail For Year C 2015 Mill Levy Information Tax District 3141 County 24.2120 School 47.4870 WHEAT RIDGE 1.8300 REGIONAL TRANSPORTATION DIST 0.0000 URBAN DRAINAGE&FLOOD CONT DIST 0.5530 URBAN DRAINAGE&FLOOD C SO PLAT 0.0580 WHEATRIDGE FIRE DIST 12.5270 WESTRIDGE SAN DIST 8.0280 Total 94.6950 1J 2015 City of ��qr Wheat RJOge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29"' Avenue * Wheat Ridge, CO 80033 • Phone (303) 235-2846 Erika Shorter i Equinox PropertieC lease print or type all information) II I C 290 Fillmore St, Ste B 303-324-9189 ApplicantAddress Phone City Denver State CO Zip Fax Owner ame as above City Contac tErika Shorter Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address) NWC 38th & Kipling; 3865 Kipling Street Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted. 0 Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Pen -nit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval 0 Variance/Waiver (from Section ) 0 Planned Building Group 0 Right of Way Vacation 0 Other: Detailed description of request: Re -zone from Residential -One to M -UC (Mixed -Use Commercial) Required information: Assessors Parcel Nutnber:39-214-00-029 Size of Lot (acres or square footage):2.2 acres Current Zoning: R-1 Proposed Zoning: M-lJC Current Use: Vacant Proposed Use:Commercla 1 certify that the information and exhibits herewith submitted are true and correct to the best of ni�v knowledge and that in filing this application, I am acting with the knowledge and consent of thos ers is -ted above, without whose consent the requested action cannot laNfully be accomplished. Applicants other than owners must submit p er-of- t ney fi-owiffe owner which approved of this action on his behalf. Notarized Signature of Applican State of Col r County of Qrt 1, } ss MELISSA MACKEY The foregoing instrument (Land Use Processing Application) was acknowledged NOTARY PUBLIC by me is day of CYl , 20_j by E I SS�t / STATE OF COLORADO NOTARY ID 20134042377 MY COMMISSION EXPIRES JULY 9, 2017 Notary Public My commission expires/ /20 1 T To be filled out by staff: Date received /2- Fee S /02J. Od Receipt No. Case No. Comp Plan Design. Zoning K-1 Quarter Section Map Related Case No. Pre -App Mtg. Date_ i / I q IS Case Manager 2ecl=er =F