HomeMy WebLinkAboutWZ-16-02City of
Wheat idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave.
303.235.2857
May 27, 2016
Lauren Mikulak
Wheat Ridge Housing Authority
7500 W. 29"' Avenue
Wheat Ridge, CO 80033
Dear Ms. Mikulak:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
At its meeting of April 7, 2016 Planning Commission recommended APPROVAL of Case No. WZ-16-
02, a request for approval of a zone change from Agricultural -One (A-1), Residential -Three (R-3), and
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 10803 W. 441h
Avenue, 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 consolidate zoning on the property.
4. The zone change will prepare the property for reuse or redevelopment and may serve as a
catalyst for other property redevelopment or improvements in the area.
5. The criteria used to evaluate a zone change support the request.
At its meeting of May 9, 2016 City Council APPROVED Case No. WZ-16-02, a request for approval of
a zone change from Agricultural -One (A-1), Residential -Three (R-3), and Commercial -One (C-1) to
Mixed Use -Neighborhood (MU -N) for property located at 10803 W. 44'x' Avenue, 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-16-02 (case file)
WZ 1602.doc
heatridge.co.us
Ms. Thompson stated it is very important for there to be a rezone and property line
clean up and the Fruitdale project will definitely benefit the City.
It was moved by Commissioner BUCKNAM and seconded by Commissioner
LEO to recommend APPROVAL Case No. MS -16-01, a request for approval of a
two -lot minor subdivision plat on property located at 10801 and 10803 W. 44`x'
Avenue, for the following reasons:
1. All agencies can provide services to the property with improvement
installed at the developer's expense.
2. All requirement of Article IV of the zoning and development code have
been met.
With the following conditions:
1. The subdivision plat shall not be recorded until the land exchange
between the applicants is finalized.
Motion passed 5-0.
B. Case No. WZ-16-02: an application filed by the Wheat Ridge Housing Authority for
Fapproval of a zone change from Agricultural -One (A-1), Residential -Three (R-3), and
v-0 Commercialne (C-1) to Mixed Use -Neighborhood (MU -N) for property located at
10803 W 44`h Avenue.
Ms. Reckert gave a short presentation regarding the zone change 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.
Ms. Reckert stated the purpose of the rezoning is to consolidate the zoning and to
modify the list of uses and prepare the property for redevelopment. Rezoning is the
first step in the process and if rezoning is approved then a Site Plan will be required to
review redevelopment on the site. The 3 current zoning designations were inherited
when the City incorporated in 1969; A-1 being the most restrictive and limiting to
single family and farming uses, C-1 being for retail use and R-3 allowing for single
family up to multi -family dwellings. MU -N is a hybrid of both A -I and C-1 allowing
for residential uses and commercial uses as well as multi -family live/work. Both the
Structure Plan (within the Comprehensive Plan) and the Fruitdale Valley Subarea Plan
call for revitalization on the 44` Avenue Corridor. A neighborhood meeting held on
March 1, 2016 had 3 attendees who were generally supportive and there were not
concerns from outside referral agencies. The next steps are a City Council meeting on
May 9, site plan review, and a building permit.
Planning Commission Minutes -3—
April
3_April 7, 2016
Commissioner BUCKNAM thinks the MU -N zoning makes sense in this corridor and
asked a couple of questions regarding the historic building. He inquired about the
relationship between the City's architectural standards and the historic preservation
requirements.
Ms. Reckert explained that if there were to be a large expansion, by more than 50%,
then the developer would have to comply with architectural standards, but because it is
registered historically it will have to follow the federal historical standards.
Commissioner BUCKNAM then asked about the administrative site plan review
process, and wondered if there has been any discussion about public input or review
given that this is a historic site.
Ms. Reckert and Ms. Mikulak stated currently there is no input from the public during
a site plan review process. Because of the national landmark designation, federal
design standards may trump local design standards.
Commissioner OHM asked if the building is taller than 35 feet and if this presents a
problem because 35 feet is the maximum height for residential uses.
Ms. Mikulak and Ms. Reckert stated they don't know the current height of the
building, but the height would not prohibit the building from being used residentially
because it is an existing condition.
Craig Horlacher, President, Fruitdale Roof Maintenance Assoc.
10720 W. 45`h, Wheat Ridge
Mr. Horlacher read part of a letter addressed to Mr. Hartman with HEI. The concerns
of the association regard the northern end of Lot 2 and the construction of a new fence
or screening. They are concerned that a fence on the Fruitdale property could
negatively impact the maintenance and replacement of the existing cedar fence in the
future. Also, he expressed a concern of privacy in the backyards due to the proximity
of the access road and the line of sight from the 2nd story windows in Fruitdale School.
Ms. Reckert acknowledged the concerns and stated she is not sure what the future site
plans holds related to fencing. She indicated that zone change approval is not typically
conditioned with requirements related to fencing.
It was moved by Commissioner TIMMS and seconded by Commission
BUCKNAM to recommend APPROVAL of Case No. WZ-16-02, a request for
approval of a zone change from Agricultural -One (A-1), Residential -Three (R-3),
and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 10803 W. 44`" Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community.
Planning Commission Minutes -4—
April
4—April 7, 2016
2. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan.
3. The zone change will consolidate zoning on the property.
4. The zone change will prepare the property for reuse or redevelopment
and may serve as a catalyst for other property redevelopment or
improvements in the area.
5. The criteria used to evaluate a zone change support the request.
AL Motion Carried 5-0.
C. Case Nos. WZ-15-10 & WZ-15-11: an application filed by Stor-All Storage for
approval of a zone change from Planned Commercial Development (PCD) to Planned
Industrial Development (PID) with an Outline Development Plan (ODP) and a request
for approval of a Specific Development Plan (SDP) for property located at 12700 W.
44`h Avenue.
Mr. Ritchie gave a short presentation on this continuance from the March 17, 2016
Planning Commission Meeting. 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.
Ms. Ritchie updated the Commission with the applicant's changes in the case report.
She explained the ODP document now includes additional uses which are more
commercial in use. These options include research laboratories, eating establishments
without a drive-thru, medical and dental offices and retail sales. Also, there will only
be one free standing sign with a maximum height of 15 feet. Revisions were also made
to the SDP document including the lighting plan which was refined to have no spill on
adjacent properties; a security light added at the rear emergency exit and the low light
levels are consistent with office park lighting at night. The wall signs are what the
applicant intends to apply for and are allowed under the sign code as is.
With regards to the Comprehensive Plan, this area is designated as a neighborhood
buffer due to the proximity to I-70, but there is no specific use of buffering defined, but
there are goals. Goal NH2 is to increase housing, but this property is not ideal for
housing; Goal NH4 is to stimulate investment and redevelopment in the neighborhood
buffer areas, which this proposal promotes; Goal SC3 is to increase community safety
and code enforcement, this proposal should reinforce this goal; Goal CS7 increases
opportunities for public involvement with City government, this goal is not applicable
to the proposal, but the ODP includes community buildings as a possible use; and
finally Goal SF4 maintains a healthy and active community which this proposal
promotes by providing a detached sidewalk along Youngfield Street.
Ms. Ritchie explained that PID was proposed because the majority of uses are allowed
in the I -E zone district and if rezoned to I -E the district would allow uses more intense
than appropriate for this location. Also, PID is employment supporting. Other options
Planning Commission Minutes -5—
April
5_April 7, 2016
City Council Minutes May 9, 2016 Page 3
Motion carried 5-2, with Councilmembers Mathews and Duran voting no.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
\ 2. Council Bill 07-2016 — An Ordinance approving the rezoning of property
located at 10803 W. 44th Avenue from Agricultural -One, Residential -Three, and
Commercial -One to Mixed Use -Neighborhood (MU -N) (Case No WZ-16-
02/Fruitdale)
Councilmember Fitzgerald announced that he needed to recuse himself from Item 2 as
he sits on the Housing Authority. He left the room.
Councilmember Pond introduced Council Bill 07-2016.
Clerk Shaver assigned Ordinance 1596.
Mayor Jay opened the Public Hearing.
Mayor Jay swore in Meredith Reckert, senior planner.
Staff presentation
Meredith Reckert gave the staff presentation. She entered into the record the
Comprehensive Plan, the zoning ordinance, the case file and packet materials, and
contents of the digital presentation. She testified that all posting and publication
requirements have been met.
• The Housing Authority owns the 1.4 acre property and is requesting the rezoning.
• The purpose of the rezoning is to consolidate the zoning, modify the allowed uses and
simplify future review and approval. Further development would require only an
administrative process.
• Property contains two buildings, a 1,000 sq ft cottage and the Fruitdale school.
• The property is currently under contract with a residential developer.
• The MU -N zone is deemed appropriate for this location and follows the
Comprehensive Plan.
• The zoning criteria for neighborhood commercial corridors encourages improvement
of underutilized properties.
• The Fruitdale Valley Master Plan shows the area as mixed use which supports the
redevelopment and revitalization of properties along 44th Ave.
• A neighborhood meeting was held.; three people attended; were generally supportive.
• All outside agencies can serve the property.
• At the Planning Commission hearing the HOA for the homes to the north expressed
concerns about common fencing and privacy issues (due to the height of the
building), but the Planning Commission recommended approval.
• If approved, the next steps would be a site plan approval and a building permit.
City Council Minutes May 9, 2016
Page 4
Staff recommends approval
1. Zone change will promote the public health, safety, and welfare
2. Request is consistent with goals and objectives of the Comprehensive Plan
and other guiding documents
3. Zone change will prepare it for redevelopment and may be a catalyst for other
improvements in the area.
4. The criteria used to evaluate a zone change supports the request.
There were no questions from Council.
Mayor Jay swore in the remainder of the speakers.
Applicant
Lauren Milulak, staff liaison to the Housing Authority, spoke in support of the rezoning.
Public Comment
Janice Thompson, member of the Housing Authority, spoke in support of the rezoning.
She feels it will be a shot of adrenalin for the area.
Paul Fiorino spoke on behalf of the group who put in a formal proposal for an art center
for the property. Their proposal has yet to ever be considered. He noted the Romero
property to the west that has the same zoning, and those people have not been
considered. He suggested the grant the City is giving this developer could be put into the
Romero property so a larger property can be developed. This would be a good site for
community use. He urged that the proposal for the art center be revisited. There are lots
of opportunities; this need not move so quickly.
Clancy Degenhart (WR) had several questions about the selling price, the loan and
grant of $1.9M the City is giving the developer, and the development agreement. He was
informed his questions were not related to the rezoning case. Mr. Goff stated the
development agreement has been approved by Council and is available for him to look
at. The next Council update is scheduled for August 1; contingencies are pending.
The Council had no questions.
Mayor Jay closed the Public Hearing
Motion by Councilmember Pond to approve Council Bill 07-2016, an ordinance
approving the rezoning of property located at 10803 W. 44th Avenue from Agricultural -
One, Residential -Three, and Commercial -One to Mixed Use -Neighborhood (MU -N)
(Case No WZ-16-021Fruitdale) and that it take effect fifteen (15) days after final
publication for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which
has forwarded its recommendation of approval.
City Council Minutes May 9, 2016
Page 5
3. The requested rezoning has been found to comply with the "criteria for review" in
Section 26-112 of the Code of Laws.
seconded by Councilmember Hoppe;
Councilmember Davis received confirmation that the Romero's were at the neighborhood
meeting. Ms. Reckert will speak to them to see if they are interested in rezoning.
Councilmember Urban received confirmation that this rezoning would be necessary for
this property to be used for anything other than a school.
Councilmember Duran had Mr. Dahl explain the quiet title action that was taken to
remove the reverter clause. The reverter clause no longer applies.
Councilmember Mathews explained that he understands the need for this rezoning, but
continues to disapprove of how this project is being financed with taxpayer money
^ Motion carried 6-0.
Councilmember Fitzgerald returned to the Chambers.
Mr. Dahl provided directions for the study session to follow, followed by an executive
session.
CITY MANAGER'S MATTERS
Mr. Goff announced two public meetings. Tomorrow, May 10 there is a public meeting
about accessory dwelling units at 7pm at City Hall. People are encouraged to come and
give their input. This Thursday, May 12 at 7pm in Council Chambers will be the first
meeting of the DIRT Task Force.
CITY ATTORNEY'S MATTERS
Mr. Dahl directed Council's attention to the memo he had sent them on the Fair
Campaign Practices Act providing guidance about their behavior related to ballot
issues/questions and election activity. If they have further questions, they can call him.
ELECTED OFFICIALS' MATTERS
Treasurer Jerry DiTullio announced that in response to public requests over the years
for information about financial reports there are now a number of reports available on the
City Treasurer's page of the City website. He listed several and welcomed the public to
view them.
Clerk Janelle Shaver reminded Council to sign the letters being passed to them.
2016045877 5/16/201611:16 AM
PGS 3 $21.00 DF $0.00
Electronically Recorded Jefferson County, Cc
Saye Griffin. Clerk and Recorder —D1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER WOODEN
COUNCIL BILLO. 07
ORDINANCE NO. 1596
Series of 2016
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 10803 W. 44TH AVENUE FROM AGRICULTURAL -
ONE, RESIDENTIAL -THREE, AND COMMERCIAL -ONE TO
MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-
02/FRUITDALE)
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, the Wheat Ridge Housing Authority has submitted a land use
application for approval of a zone change to the Mixed Use -Neighborhood zone district
for property located at 10803 W. 44th Avenue -land,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along neighborhood
commercial corridors such as W. 44th Avenue -,and,
WHEREAS, a zone change will consolidate the existing zoning on the property
and enable future reuse of the vacant property; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 7, 2016 and voted to recommend approval of rezoning the property to Mixed
Use -Neighborhood (MU -N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the Wheat Ridge Housing Authority for approval
of a zone change ordinance from Agricultural -One (A-1), Residential -Three (R-3),
and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 10803 W. 44th Avenue, and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING
THE NORTH -SOUTH CENTERLINE OF THE NORTH HALF OF SECTION 21
TO BEAR NORTH 00018'33" WEST, A DISTANCE OF 2645.89 FEET
BETWEEN A FOUND 3-1/4" BRASS CAP, MARKED "CITYOF WHEAT RIDGE,
SURVEY MONUMENT, C1/4, S21, T3S, R69W, 1984, LS 13212" IN RANGE
BOX AND A FOUND 3-1/4" BRASS CAP, MARKED "CITY OF WHEAT RIDGE,
SURVEY MONUMENT, 1/4, S16/S21, T3S, R69W, 1984, LS 13212" IN RANGE
BOX, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION;
THENCE SOUTH 00018'33" EAST,ALONG WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION, A DISTANCE OF 1600.70 FEET TO A POINT
ON THE NORTH LINE OF LOT 15, FRUITDALE PATIO HOMES SUBDIVISION,
DESCRIBED IN RECEPTION NO. 93180748, DATED NOVEMBER 3, 1993,
RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER, SAID
POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89031'09" EAST
ALONG SAID NORTH LINEA DISTANCE OF 11.06 FEET; THENCE SOUTH
DEPARTING SAID NORTH LINE 00018'34" EAST, A DISTANCEOF 140.24
FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND
DESCRIBED IN RECEPTION NO. 2012138009, DATED DECEMBER 21, 2015,
RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER; THENCE
SOUTH 89046'58" EAST ALONG SAID NORTH LINE, A DISTANCE OF 36.36
FEET -THENCE DEPARTING SAID NORTH LINE SOUTH 00018'40" EAST, A
DISTANCE OF 89.92 FEET; THENCENORTH 90°00'00" EAST, A DISTANCE
OF 51.64 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL;THENCE
SOUTH 00018'40" EAST, ALONG SAID EAST LINE, A DISTANCE OF 172.70
FEET TO THE NORTHRIGHT OF WAY LINE OF WEST 44TH AVENUE;
THENCE NORTH 89053'18" WEST, ALONG SAID NORTHRIGHT OF WAY
LINE, A DISTANCE OF 198.00 FEET TO THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00018'41" WEST, ALONG SAID WEST LINE, A DISTANCE
OF 262.43 FEET TO THE SOUTHWEST CORNER OFSAID LOT 15; THENCE
NORTH 00018'34" WEST, ALONG THE WEST LINE OF SAID LOT, A
DISTANCE OF139.26 FEET TO THE NORTHWEST CORNER OF SAID LOT;
THENCE NORTH 89031'09" EAST, ALONG THENORTH LINE OF SAID LOT, A
DISTANCE OF 98.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINING 62,708 SQ.FT. OR 1.4396 ACRES, MORE OR LESS.
ALSO KNOWN AS 10803 W. 44TH AVENUE.
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 object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on
this 11th day of April, 2016, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 9, 2016 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 0 , this 9thday of may 2016.
SIGNED by the Mayor on this 9th day of May
ATTEST:
a elle Shaver, City Clerk
1St publication: April 14, 2016
2nd publication: May 12, 2016
Wheat Ridge Transcript:
Effective Date: May 27, 2016
Ap v as t Form
Gerald Dahl, City Attorney
2016.
City or
WheatRidge
Co�uKnv DEWLOPMt'NT
Case No. WZ-16-02/Fruitdale
A request 1'or approval of a zone change from Agricultural -One
(A-1), Residential -Three (R-3) and Commercial -One (C-1) to
Mixed Use -Neighborhood (MU -N) at
10803 W. 4411' Avenue
Cor Rxmdl \luc 1I. 21116
Site
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Site
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W 4411' Avenue Combin Yt
Fruitdalc
pnghnics
Comprehensive Plan
Zoning nmp
Process
Neighborhood Meeting:
Structure Plan - 2009
Held on March 1, 2016 - Three attendees present - were
44th Aernue-Neigmhood commercial
corridor -encourageses improvement of
pprezoning generally supportive of in and reinvestment
underutilized properties with quality
Referral:
design. increasing lousing options
No concerns from city departments or agencies -
Subsequent referral for site plan review
Fruitdale Valley Master Plan -2007
Planning Commission public hearing- April 7, 2016
General area shown as mixed use
One member of the neighborhood spoke regarding the
Redevelopment and revitalization of
application - HOA for properly to the rear (north) - fencing
propenies along 441^
I argots Fruitdale for a viable reuse of
and privacy
Clic existing, building
PC recommends approval
Next stens:
City Council public hearing - May 9, 2016
Site plan
Building pCI-Init
06/22/2016
(�
- City of
WheatR, dge
C'
ITEM NO:
DATE: May 9, 2016
REQUEST FOR CITY COUNCIL ACTION
4
TITLE: COUNCIL BILL NO. 07-2016 - AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT
10803 W. 44TH AVENUE FROM AGRICULTURAL -ONE,
RESIDENTIAL -THREE, AND COMMERCIAL -ONE TO
MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-
02/FRUITDALE)
® PUBLIC HEARING ❑ ORDINANCES FOR IST READING (4/11/2016)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (5/9/2016)
❑ RESOLUTIONS
0TTA4T_T1Tn1r1A1 - 141 Vve
❑ NO
City Manager
ISSUE:
The applicant is requesting approval of a zone change from Agricultural -One, Residential -Three,
and Commercial -One to Mixed Use — Neighborhood (MU -N) for property located at 10803 W.
44`x' Avenue.
The proposed rezoning area includes one parcel, the total size of which is approximately
l .41 acres. The purpose of the zone change is to consolidate the zoning, to modify the list of uses
and to simplify the review and approval for future reuse of the property.
The Wheat Ridge Housing Authority (WRHA) is the owner and applicant, and at this time they
are working with a developer partner to reuse the property for approximately 16 loft -style
apartments. Regardless of whether this redevelopment moves forward, the Authority considers a
zone change necessary for redevelopment of the property in any capacity.
PRIOR ACTION:
Planning Commission heard this request at a public hearing held on April 7, 2016. The staff
report and meeting minutes from that public hearing are attached.
Council Action Form — Fruitdale Zone Change
May 9, 2016
Page 2
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. The
rezoning may, however, expand redevelopment opportunities for the property, which would
promote the City's economic development goals.
BACKGROUND:
The site is located at 10803 W. 44`h Avenue, on the north side of W. 44`h Avenue between Parfet
St. and Moore Ct. The subject site is 1.41 acres in size and is zoned Agricultural -One (A-1),
Residential -Three (R-3) and Commercial -One (C-1).
The subject property has roughly 198 feet of street frontage along W. 44`h Avenue, with a curb cut
near the center, roughly 24 feet in width. The property contains two structures. The first is a
cottage along the western property line near the front, approximately 1,100 square feet in size.
The second is the historic Fruitdale School building which has not been used since 2007. The
school structure which was built in 1927 is located toward the rear of the property with a single
story addition on the west side constructed in the 1950s.
The property was previously owned by Jefferson County Public Schools. When the Norma
Anderson preschool opened to the east in 2007, Fruitdale School was decommissioned. The
Housing Authority purchased Fruitdale School in 2011 and has been seeking a reuse for the
property since that time. WRHA is under contract to sell the property to a developer partner,
Hartman Ely Investments (HEI). The developer is proposing reuse of the existing structures for
the purpose of creating approximately 16 loft -style apartments. Regardless of whether HEI is the
ultimate buyer, WRHA considers the zone change necessary for redevelopment of the property.
Surrounding Land Uses
Surrounding properties include a variety of land uses. Immediately to the east and north is the
Norma Anderson Preschool facility, owned and operated by the Jefferson County School District.
Along the W. 44th Avenue corridor are properties zoned C-1, Restricted Commercial (R -C),
Residential -Three (R-3), Residential -Two (R-2) and A-1. The uses along the corridor vary, with
multi -family residential properties, numerous commercial businesses, a few scattered single family
homes, and a church. To the north of the property and the Norma Anderson Preschool is
residential development, with both multi -family buildings and duplexes.
Current and Proposed Zoning
The property currently has three separate zonings: Agricultural -One (A-1), Residential
3),
(R-
3), and Commercial -One (C-1). The purpose of the zone change to Mixed Use- Neighborhood
(MU -N) is to consolidate zoning on the site and to prepare it for redevelopment opportunities.
The MU -N zoning allows a variety of residential, commercial and civic land uses.
The MU -N zoning is flexible enough to accommodate HEI's residential reuse proposal, but would
also be appropriate for most future development, if for some reason HEI does not move forward.
MU -N is also an appropriate zone district for this location. This zone designation is generally
Council Action Form — Fruitdale Zone Change
May 9, 2016
Page 3
located along neighborhood main streets, such as W. 44th Avenue, because it allows for residential
uses as well as a limited range of commercial and retail uses.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 07-2016, an ordinance approving the rezoning of property
located at 10803 W. 40 Avenue from Agricultural -One, Residential -Three, and Commercial -One
to Mixed Use — Neighborhood (MU -N) on second reading, and that it take effect 15 days after
final publication for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation 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. 07-2016, an ordinance approving the rezoning of property
located at 10803 W. 44th Avenue from Agricultural -One, Residential -Three, and Commercial -One
to Mixed Use — Neighborhood (MU -N) 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. 07-2016
2. Planning Commission report
3. Planning Commission minutes
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER WOODEN
COUNCIL BILL NO. 07
ORDINANCE NO.
Series of 2016
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 10803 W. 44TH AVENUE FROM AGRICULTURAL -
ONE, RESIDENTIAL -THREE, AND COMMERCIAL -ONE TO
MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-
02/FRUITDALE)
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, the Wheat Ridge Housing Authority has submitted a land use
application for approval of a zone change to the Mixed Use -Neighborhood zone district
for property located at 10803 W. 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along neighborhood
commercial corridors such as W. 44th Avenue; and,
WHEREAS, a zone change will consolidate the existing zoning on the property
and enable future reuse of the vacant property; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 7, 2016 and voted to recommend approval of rezoning the property to Mixed
Use -Neighborhood (MU -N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the Wheat Ridge Housing Authority for approval
of a zone change ordinance from Agricultural -One (A-1), Residential -Three (R-3),
and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 10803 W. 44th Avenue, and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING
THE NORTH -SOUTH CENTERLINE OF THE NORTH HALF OF SECTION 21
TO BEAR NORTH 00018'33" WEST, A DISTANCE OF 2645.89 FEET
BETWEEN A FOUND 3-1/4" BRASS CAP, MARKED "CITYOF WHEAT RIDGE,
SURVEY MONUMENT, C1/4, S21, T3S, R69W, 1984, LS 13212" IN RANGE
Attachment 1
BOX AND A FOUND 3-1/4" BRASS CAP, MARKED "CITY OF WHEAT RIDGE,
SURVEY MONUMENT, 1/4, S16/S21, T3S, R69W, 1984, LS 13212" IN RANGE
BOX, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION;
THENCE SOUTH 00018'33" EAST,ALONG WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION, A E OF LOT 5D RUITDA STANCEO PATIO HOMES SUBDIF 1600.70 FEET TO A VISION,
NT
ON THE NORTH LI ON,
DESCRIBED IN RECEPTION NO. 93180748, DATED NOVEMBER 3, 1993,
RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER, SAID
POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89031'09" EAST
ALONG SAID NORTH LINE,A DISTANCE OF 11.06 FEET; THENCE SOUTH
DEPARTING SAID NORTH LINE 00018'34" EAST, A DISTANCEOF 140.24
FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND
DESCRIBED IN RECEPTION NO. 2012138009, DATED DECEMBER 21, 2015,
RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER; THENCE
SOUTH 89046'58" EAST ALONG SAID NORTH LINE, A DISTANCE OF 36.36
FEET -THENCE DEPARTING SAID NORTH LINE SOUTH 0001840" EAST, A
DISTANCE OF 89.92 FEET; THENCENORTH 90°00'00" EAST, A DISTANCE
OF 51.64 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL;THENCE
SOUTH 00018'40" EAST, ALONG SAID EAST LINE, A DISTANCE OF 172.70
FEET TO THE NORTHRIGHT OF WAY LINE OF WEST 44TH AVENUE;
THENCE NORTH 89°53'18" WEST, ALONG SAID NORTHRIGHT OF WAY
LINE, A DISTANCE OF 198.00 FEET TO THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00°18'41" WEST, ALONG SAID WEST LINE, A DISTANCE
OF 262.43 FEET TO THE SOUTHWEST CORNER OFSAID LOT 15; THENCE
NORTH 00018'34" WEST, ALONG THE WEST LINE OF SAID LOT, A
DISTANCE OF13 8903 09T EAST, ALONG THENORTTHE NORTHWEST OHRNER OF SAID LOT;
NE OF SAID LOT, A
THENCE NORTH
DISTANCE OF 98.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINING 62,708 SQ.FT. OR 1.4396 ACRES, MORE OR LESS.
ALSO KNOWN AS 10803 W. 44TH AVENUE.
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 object sought to be attained.
Section 4 Severability; Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on
this 11 th day of April, 2016, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 9, 2016 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 2016.
SIGNED by the Mayor on this day of
ATTEST:
Janelle Shaver, City Clerk
1 St publication: April 14, 2016
2 nd publication:
Wheat Ridge Transcript:
Effective Date:
Joyce Jay, Mayor
Approved as to Form
Gerald Dahl, City Attorney
, 2016.
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE PLANNING COMMISSION
April 7, 2016
Case No. WZ-16-02: an application filed by the Wheat Ridge Housing
Authority for approval of a zone change from Agricultural -One (A-1),
Residential -3 (R-3), and Commercial -One (C-1) to Mixed Use -Neighborhood
(MU -N) for property located at 10803 W. 44th Avenue.
(Please print)
Name Address In Favor/Opposed
f�V
City of
Wheat ,, e
OMUNiTy DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Meredith Reckert
DATE OF MEETING: April 7, 2016
CASE NO. & NAME: WZ-16-02/Fruitdale School
ACTION REQUESTED: Approval of a zone change from Agricultural -One (A -I ), Residential -
Three (R-3), and Commercial -One (C-1) to Mixed Use -Neighborhood
(MU -N)
LOCATION OF REQUEST: 10803 W. 44f' Avenue
PROPERTY OWNER: Wheat Ridge Housing Authority
APPROXIMATE AREA: 1.41 acres
PRESENT ZONING: Agricultural -One (A-1), Residential -Three (R-3), and Commercial —
One (C-1)
COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECOR D•
COMPREHENSIVE PLAN
ZONING ORDINANCE
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Planning Commission
WZ-16-02/Fruitdale Zone Change
Attachment 2
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
The applicant is requesting approval of a zone hange Mixed Use from Neighborhood (MU(N)lfor property (R-3), and Commercial—One (C-1) to
located at 10803 W. 44`h Avenue.
The purpose of the rezoning is to modify the list of uses and to simplify the review and approval
for future reuse of the property. exhibit'', A' jj& nt Letter)
The zone change is the first step of the process for approval for reuse or redevelopment of this
site under MU -N zoning. If approved, and prior to any redevelopment, a site development plan
review will be required to confirm compliance with the city zoning code and the Architectural
and Site Design Manual. This review would be administrative with no additional public hearings
required.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The site is located at 10803 W. 44`h Avenue, on the north side of W. 441h Avenue between Parfet
St. and Moore Ct. The subject site is 1.41 acres in size and is zoned Agricultural -One (A-1),
Residential -Three (R-3) and Commercial -One (C-1).
The subject property has roughly 198 feet of street frontage along W. 44`h Avenue, with a curb
cut near the center, roughly 24 feet in width. The property contains two structures. The first is a
cottage along the western property line near the front, approximately 1,100 square feet in size.
The second is the old Fruitdale School building
warditheh ear of as notthe property with aeen used since 0s ngle story school
structure which was built in 1927 is located to
addition on the west side constructed in the 1950s. (Exhibit 2, Aerial Photo)
A related case, Case No. MS -16-01, would subdivide the subject site from adjacent property to
the east. The Fruitdale school building and cottage are located on Lot 2 of the Fruitdale School
Subdivision. (Exhibit 3, Fruitdale: School Subdivisionswaph c)
The Housing Authority purchased Fruitdale School in 2011 from the Jefferson County School
District, but the history of the site dates back to the 1800s. The property was deeded to the
Jefferson County School District in 1883 and the first school was built on the site in 1884. This
original building was destroyed by fire in the 1920s, after which noted Denver architect and
developer Temple Buell designed the existing red brick school building in 1927. Additions on
both sides of the building were constructed in the 1950s and the facility served as a public school
until 2007. When the Norma Anderson preschool opened on the east portion of the site in 2007,
Fruitdale School was decommissioned. The property is flat with various mature trees on it which
appear to be elms, cottonwoods and spruce trees. [ t�� MMI RM
In November 2015, WRHA executed a purchase and sale agreement with Hartman Ely
Investments (HEI), by which Lot 2 will be sold for redevelopment after platting is completed,
2
Planning Commission
1VZ-16-02/Fruitdale Zone Change
and various other milestones are reached. The developer is proposing reuse of the existing
structures for the purpose of creating 16 loft style apartments. The sale closing is anticipated in
the summer of 2016. Regardless of whether or not HEI is the ultimate buyer, WRHA considers
the zone change and subdivision plat necessary for redevelopment of the property in any
capacity.
Adjacent zoning and land use
Surrounding properties include a variety of land uses. Immediately to the east and north is the
Norma Anderson Preschool facility, owned and operated by the Jefferson County School
District. Along the W. 44 1h Avenue corridor are properties zoned C-1, Restricted Commercial
(R -C), Residential -Three (R-3), Residential -Two (R-2) and A-1. The uses along the corridor
vary, with multi -family residential properties, numerous commercial businesses, a few scattered
single family homes, and a church. To the north of the property and the Norma Anderson
Preschool is residential development, with both multi -family buildings and duplexes. (Exhibit 4,
zoning map).
III. PROPOSED ZONING
The property currently has three separate zonings on it Agricultural -One (A-1), Residential -
Three (R-3), and Commercial -One (C-1). The purpose of the zone change to Mixed Use -
Neighborhood (MU -N) is to consolidate zoning on the site and to prepare it for redevelopment
opportunities. The MU -N zoning allows a variety of residential, commercial and civic land uses.
The MU -N zoning is flexible enough to accommodate HEI's residential reuse proposal, but
would also be appropriate for most future development if, for some reason, HEI does not move
forward. MU -N is also an appropriate zone district for this location. This zone district is
generally located along neighborhood main streets, such as W. 44`h Avenue, because it allows for
residential uses as well as a limited range of commercial and retail uses.
The A-1 zoning has a limited use list and includes single family residential and agricultural uses
such as general farming, horse stables and landscape nurseries. The R-3 zoning allows a variety
of residential uses including single and two family dwellings and multi -family with up to 12
units per acre. The C-1 zone district allows a variety of land uses including office, service and
retail uses that can serve the neighborhood or provide more of a regional draw such as with large
format retailers and franchised restaurants.
The most intensive zoning on the property is the Commercial -One with the least intensive zoning
being A-1. The following table compares the existing A-1 and C-1 zoning and proposed MU -N
zoning for the property.
Planning Commission
WZ-16-02/Fruitdale Zone Change
Development
A-1 zoning
g
C-1 zoning
MU -N zoning
Standard
Single family
Commercial uses
Residential and
Uses
residential and
(office, service and
commercial uses
general farming
retail) including
(office, service and
operations
restaurants, fueling
retail, restaurant)
stations, RV and auto
including multi -family
sales and service
and live/work facilities
Architectural
None
None specified but
would have to follow
Mixed Use
development standards
Standards
ASDM
specified in zone
district — similar to
ASDM
Max. Building Height
35'
50'
35' for an7denal
having a r
use and 5building
hcommerci
Max. Lot Coverage
40%
80%
85% to 90%
Mixed use — 10%
Min. Landscaping
N/A
20%
Sin le use - 15%
Min. Front Setback
25'
0' — 20' build -to
0'-20' build -to
If the rezoning is approved, the applicant would then submit for an administrative plan review
and building permit. 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.
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. While the new zoning
would allow for residential, commercial and mixed uses on the lot, any proposed new
development will require site plan review through which traffic impacts, drainage, and
buffering will be analyzed.
4
Planning Commission
1VZ-16-021FY-uitdale Zone Change
The MU -N zoning is expected to add value to the subject property and also to the
surrounding community. The mixed use development standards will support compatibility
between future development and existing land uses.
Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist
or are under capacity.
All responding agencies have indicated they can serve the property 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
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.
The proposed zoning is consistent with the policies and goals in the City's
comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure
Plan map in Envision Wheat Ridge illustrates the community's vision by classifying
different types of areas and corridors. It is not a parcel -based land use map, and therefore
does not specifically show all existing and proposed land uses.
The Structure Plan for this area depicts W. 44th Avenue as a "neighborhood commercial
corridor" with Public (represented in blue) transitioning into Neighborhood to the north,
east and west (represented by yellow).
"NOW , � _ Site
�, W. 44th Avenue
}
Goals identified for neighborhood commercial corridors include:
Planning Commission
WZ-16-02/Fruitdale Zone Change 5
• Encouraging improvement of underutilized properties.
• Increasing housing options
• Ensuring quality design for development and redevelopment
• Redevelopment and reinvestment in underutilized areas with denser, high quality
development.
The property is also located in the Fruitdale Valley Subarea plan which was adopted in
2007. Goals identified in the plan include:
• Designating this general area as mixed use
• Supporting the redevelopment and revitalization of properties along 44`h Avenue.
• Improving and maintaining the quality and conditions of property in the area.
• Targeting the Fruitdale School property for a viable reuse of the existing building
Because the MU -N zoning will allow for investment in the property either through reuse
or redevelopment, the zone change and site development could encourage revitalization
on other properties in the area.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current zoning designations as they
appear on the City zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that
it is in the public interest to encourage redevelopment of the area or to recognize the
changing character of the area.
West 44`h Avenue carries between 11,000 and 12,000 vehicles per day and land use on
the corridor includes a variety of residential, multi -family and small businesses. Many
of these properties were developed in Jefferson County prior to incorporation of the City.
The zone change will promote reuse or redevelopment of the property which could act as
a catalyst for additional redevelopment and property investment in the area.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that
was not anticipated at the time of the adoption of the City of Wheat Ridge
comprehensive plan.
Many of the City's guiding documents assist the mme recommend
reaching this goal. expanding g choices for City
residents. The zone change will Y
6
Planning Commission
111Z-16-02/Fruitdale Zone Change
Staff concludes that this criterion has been met.
Staff concludes that the criteria used to evaluate a zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant is required to hold a
neighborhood input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on October 28, 2014. Roughly 20 persons were in
attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibit S,
;Neigh-bor,hood Meeting Notes)
VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and
regarding the ability to serve the property. Specific referral responses follow:
Arvada Fire Protection District: Can serve the property with improvements installed at the
developer's expense to be assessed at the time of site plan review.
Fruitdale Sanitation District: May require line and tap upgrades at the developer's expense.
Valley Water District: Can serve the property with upgrades at the developer's expense.
Wheat Ridge Public Works: No objections. Drainage and traffic will be analyzed at the time
of site development plan.
Xcel Energy: No objections to the zone change
Comments received relate only to the zone change request. A separate referral process would be
required in the future if the zone change is approved and a site plan is submitted.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of
the community. Staff further concludes that the proposal is consistent with the goals and
objectives of the Comprehensive Plan. The zone change will consolidate zoning on the property
and prepare it for reuse or redevelopment. Investment in 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-16-02.
VIII. SUGGESTED MOTIONS
Planning Commission
WZ-16-02/Fruitdale Zone Change 7
Option A:`
"I move to recommend APPROVAL of Case No. WZ-16-02, a request for approval of a zone
change from Agricultural -One (A-1), Residential -Three (R-3)9 and Commercial -One (C-1) to
Mixed Use -Neighborhood (MU -N) for property located at 10803 W. 44`x' Avenue, for the
following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the
community.
2. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan.
3. The zone change will consolidate zoning on the property.
4. The zone change will prepare the property for reuse or redevelopment and may serve as a
catalyst for other property redevelopment or improvements in the area.
5. The criteria used to evaluate a zone change support the request."
Option B:
"I move to recommend DENIAL of Case No. WZ-16-02, a request for approval of a zone change
from Agricultural -One (A-1), Residential -Three (R-3), and Commercial -One (C-1) to Mixed Use
-Neighborhood (MU -N) for property located at 10803 W. 44 1h Avenue, for the following reasons:
Exhibit 1 — Applicant letter
8
Planning Commission
IVZ-16-02/Fruitdale Zone Change
Wheat Ridge Housinq Authority
'PSW W. 29"'Aw-
Wtest Ridge. Co
303�-Z-S-26:66
March 2. ?016
Please find enpclosed a comp�Itif. IaaL1.Lse, 2TV!iratior� ff� the pnuFaaoke of rezoning pay ,.
10803 IV � Avemrr_ The rpcse od'tiltue zme el�tre application is tD c�onwhdne zot�;
from Agricultural -One (A-1;. Re-si mhaJ-Tbuee (R -f1; aaasl C'o�naercial-One (C- 1) err
�iLKed Use-?Vtrghborbood O] l`U-V- ) amd 70, farilitate recuse of dw pmopem- and bmlftg
Background
The Fruitdale Sebool building is,, )vcawJ at I f*93 W.. 441b ?l vvnw and is rineM 11, o��. b �,
1X'heat Ridge Hausimg Autbor t �JA'3II�=� i The proprrt : "s deeded to the 7etiers�� C
School District in 1883 amd Im, i5m KUO3 was bxrib m the site in 1884. This chgnsal buil
was destroyed by fire in the 13t 't .. a 'acriir moiled Denier architect and &'%Tk-Tv Temple- r
Buell designed the existing red basic; Wool hmkhn� in 1.47 7. Additions oa h,,dii sides ,M the
building «vere constructed m the 1? MN, =a ffr lacilii�y setn�ed a_� a ptablir school tmiil 2107
.
Enclosed is a tim thne of nmmi, Am 12we ocrusrred siiace 2007. but in bnef MRa,% pnnrh2saed; the
ProPerh' in 2011 from 1e been sxeldmg a viable rem�se of the properi 4 "jDr;e
that time.
Zone Cbange Request
The subject site is cw mtic ztatredAgrrxmh- x-9-Olw(;4-1�. Residential -Three -3i. and
Conuuercial-Ont {C-1.) au. irk 171-2X6 zqmr feet or 3,93; acres in size_ .A courmew
subdi«ion application vLiU ,rmi,vii,zte� ortmpwcrls neztltin_e in the 3.93 -acre su'bjert k*.
The Authont}'has long been awacre tlbw t!he prmperr s.��o•,uld likel}, nerd to be gemmed Mardu to
facilitate a rede"Velopmemt U Di1 wac, ;in x mId 1m -e been premature for the AutimtV ars
specttlatirely rezone the. Fxcg era c TL'sv-, as: a schools would rant haze revtu a zrxae
change. and other uses would 1`2r=e° rftv:ased a spe`fE zocdng designation or planned
development
Currently.. the Autbonry is W ddW 'MIb a developer pxmey who is PrapOsin¢ reuse of the
existing .structures for the pwpm of'ereati ng, X 101t style apartments. The dmeloM_ #ia
Planning Commission
WZ-16-02/Fruitdale Zone Change 9
Ely Investments (HEI) is currently under contract to purchase the property and dosing r,.
anticipated in the stmvner of1-016.
The I�IIJ-N zoning is flexible enough to accommodate HEis residential reuse preypasal". but
would also be appropriate for most future development if for some reawm HE] dog not mo;T
font ard. MU -N is also an appropriate zone district for this loczt'm 7%is zone & suxdc i3
generally located along neighborhood main streets, such as W. 44 A emw becaw it allows for
residential uses as well as a limited range of commercial and retail uses.
Other Considerations
The historic school does not currently have any utility connections. Because The butildnig was
previously cipected to be demolished after it was decommissioned by the scbDW drstax l- all
utilities A -me disconnected and transferred to the neighboring preschool Haben. it w3s Will m
2007. A de%rloper n-ould be responsible for reinstating utility sez UCS.
This image is an excerpt from the City's zoning map which shows that the FFW"P a Scfl+oal
property includes three different zoning designations. The subject property 6 mnlO - in biue
and is proposed to be rezoned to MU -RI.
10
Plunninb Commission
II7-16-021FP*WIdulc' Zona Cbunbc'
Fruitdale School Timeline
For background reference. h&W ibek4w is. a timeline of n—ents that Tuve orcimrrd since 2M
including the purchase of the sem. by '%'U'A and the: manY attempts to identfify a viable end.
use.
• Fall 2007 — Fruitdale is, drx�mus , siioned as a school in 2007 wtm the nm Waanma
Anderson Preschool opens; M the adjacem. px,o Pell . The east addition of. nxitdale is
demolished to accommcdair tlr prrscbool_ Utilities to Fnutdale are disc
transferred to the u orme�cte�l a
per, sad the hOislarir building becomes 1'acant.
' Spring 2008 — Jeffco Scbuoh yeses; an. RFP to solicit Proposals for the pos soak sale of
the building. A' MA dmules to robmit a propoW for renovation of the school inter
residential units.
• April 2008 — VLMM Iet2w1 rf a iso GMW to comxpicte a cost estimate four a posuble
residential rrusr ofTxmiUU*_ LIMA pa,Ys; iasis 522,000 to develop conceta) plaus
and v" rk sperifim ms. £waste;coroplevs a proposal to =01--Ae for
wo
residential lofts, ibe" ft xem '21Mm is estimated at nearly S1.7 mills au nr W
cost of 5188.000 per unit Ears Fiat uaniis;.
• Fall 2008 — Af Iff ealoarrA decide s a resicleutial x+eose of
Fruitdale is not feawbk because crthr finasnW req>urmams mated wAh
multifMgY &vrkP=m x. Tk''ld,'1 M nMfws Jeffm Schools that the project is no
longer conwieted ka mble =d t$ir Pry is; withdrawn.
•
Summer 2010 — The kxniu r bU36AW has, xemaynead tiacaW for three x _and JedJro
Schools contacts Vi'1>eztR'dfr,to.W- if Or 01Y or H:iousing,A
, wMjjdW to
reconsider
purcbaing ei t 1VVMft-befrsv dez Dbt)c n Plass are fiukzed.
• MY 2010 — MM dem., to cTwimissiion a mom detailed marjje anal=, to as��,s the
viability ofcomwa�ing t ie Firzkft r School unto xemdentiial units.
• October 2010 — A fitl anaris s, is; rwVk1ed Ir,v, 71W Genesis Cravp a fee os
S4,000. Thr anal cis; fa -sale- and fine-Irasr Mudmbal units. The xe3v)t.; of the
analysis again indi 6r Huai a x ideMmi ) xe,at is; not f>manriall�* �vabk. p�r[icnlar]�- ��m
the current economic and srrrrltaifa 131T'hoa w9 audition. The Hcti A
decides again not to pmare argMS cc- Rwuwe. � u�orit�
• November 2010 i "M& a ktttr. 10 leffco Schools indicating dm j are not
interested in pzacha&ingv thr %a-kbW,.
• February 2011 The w1wol dhistdctl Prepoaes, for building for demolition.. The hfiayw.
urith support from C0kV3dV PxesM73tion lac.. (CPI) staff- approaches kfko Schools
about the Possibility Of ld MM. puuchasing the building to sa;,e it fram demolition.
• April 2011— Afla several momlhs o!° negonahm the Housing
purchases Fmdtda le School) fir 51.1 ".000 - the same �� r
already- paid for em�iro�emoal xtnsrdiau�as. im �� Jeffco Schools had
the my preschool -s playground i on jr land tdeeded to R'RI3A. of
Planning Commission
WZ-16-02/Fruitdale Zone Change 1 1
• Fall 2011 — The interior of the school has deteriorated because of a lack of c1e
control and a lealong roof during the four years of sitting vacant.. NUM dco*,s to
install a nmv roof and the building is weatherized for a cost of 5110.000.
• Spring 2012 —Based on an application submitted by CPI_ a S15-000 Wg-Wtcbiiag Inaw
is recei«d home the State Historic Fund {SHF) for completion of a Histonc SUM=e
Assessment (HSA). Slaterpaull Architects is hired to prepare the HSA.
• Dec=ber 2012 — The HSA is completed and identifies 52.2 million in deli these
would need to be addressed simply to make the building habitable. vkith YW nay m20.
interior changes to the building configuration or tenant finish Wwk.
• Spring 2013 —'%TM apphes. for and receives a second SHF P20 in for anowl of
$33.000. This includes a required
S° o match of S 11.000 Som XkMRA. and aWas lea
the preparation of consmution dooaments as identified in the HSA.
March 2013 — Afte: applying for historical landmark designatrcm FrOw dak SrbM L"
• approved to be included on tine National Register of Historic Places and the C'o oaadlo
State Register of Histone Propeshe'
• December '013 — a'RHA retains Butler Burgher Group to caarpkie a ;-Jbutm md
market analysis that rsploaes possible reuse options (condos, apuriarorrris- cd5- r
rml
industriaL etc.) and quantifies the feasibility of each The market studt}' ammmles 60
deferred maintenance (S2-' fin) has already been addressed and conwdON the
renovation costs and stabilized values for each type of land use. The nwIrt
concludes that no specific land use is considered a '`highest and best tee." a
potential reuse acxild lAely have a fimding gap of $1.5 to Sl_75 mrilliaa>. 3s>idao�. if
redevelopment i.s desired, the study recommends a pzWershP with 1bE ('
Alternatively- it reconiuma& demolition as the most objectin a finar aaW moble
option, although ibis too vmuld be at agigiven The
o>�vahrc is le s >han dr, cvwbowd
costs of demolition and to Authority's
• March 2014 — U'RRA publishes a Request for Interest (Rff) to sokO rem P• gs
from the devekrpmeat camaUrity.
• July 2014 — Three proposals or received in response to the RFI, and fW HowuT
Authority selects a proposal from Mountain Phoenix Charter School for an espaar' m of
their charter school into Fruitdale. A purchase and sale agreesmeut is esecurod in
October.
• January 2015 — Afler w%,eral months of due diligence, the charter school Ummmmm the
purchase and sale agreement-
. February '015 — The Housing Authority offers another RFI respondent" Harmnan Eli
Investments (HEI), an opportunity to present their redevelopment PmPOsal
• Apnl 2015 — HET presents a preliminary reuse proposalto,►'RHA and is gamed an
exclusive four-month period to conduct due diligence.
• November 2015 — VLME A and HEI execute a Purchase and Sale Age..
12
Planning Commi.%sion
l i'7.-16-02IFruinlalc' Zona Change
• November 24. 2015—1llM paste a. moti.o o authorizing theif financial participation io
the amount of a $170-ODO gram and a S400.000 loam
February 22. 2016 —City apprwres; dM!c ap=M agreement authorizing their
participation in the amount of. a S4 70., pant and a $1 _ g millioshort term10 Mal
Planning Commission
WZ-16-02/Fruitdale Zone Change 13
Exhibit 3 — Plat page
Planning Commission
WZ-16-02/Fruitdale Zone Change 15
Exhibit 4 — Site Photos
-AW4 fcw,,+a.;Aleute..u-....:..X..r�i
16
Planning Commi,csion
1117-1 h-112/Fruitclale Zone Change
Planning Commission
WZ-16-02/Fruitdale Zone Change 17
Exhibit 5 — Neighborhood Meeting Notes
� It1 ,►f
W Beat [ icigc
Ctjmmtlwl,v DmL0rmFNT
(l
I— -f -5(mU,240A%c 1lwxRhlpc.Cl) flfMti1-1(1.11 P.lfl�:}i'2tMM 1 :ti?lt??5
t4jEI(;tiB0R1l()OD MEETING NOTES
1%leelinK Date:
March 1. 2016
Staff:
Mcredith Rc'cicrt. Stllir)t Planner
,,wending
i.aun-n %likulak. %1311 liai%on to the Wheat Ridgc l lousing
Authority
Location of \lcr•ting,
Wheat Ridge Mur►ietpA Building
Ponce 1 raining R m
150o W, 29° A,%,couc
'heat Ridge. C() lltltl??
Property Addrem:
I09u:1l' 44"' %%enne
Pruptrl,ii Ow•ntrlsI'
t1 heat Rtdl:c 11ou mg A utlxtsit%
PropeM O%ncr(.) Prltsent?
l'cr
"pplicant:
Wheat Rtuip:IJous"W Auth:�nt►
i,i►phranl Prr.cnt?
(1►tnmctta,ll-One. Resldc'.ntial-7ltractR-?)andAgrieultutal-
I•:sistint:l(Onillu:
One (A- 11,
F�ittin�, t ttmh. flan:
\cighborhood ('/wnmcrcial ( omdor
t.jisting Site Conditions:
The.itc is healed at 1400 M 44" A.•cnue. on ti►c mirth side o1 H 44"' Ai,t:nut: txtuccn Partes 51 and
M11nr ('1 I he subltYl site is currenth Toned Agricultural-<1rx tA•I i. )ttsidrntiul•Thrcc (R-11. and
('ontrticmial-(>rtc (('• 1 ) anti is 111.205 `quare fent or z.V+ acres in site consisting of %c-cral unplatici
parcels.
Surrounding prt►peMrs mcludc a .arict? hof land uses ImmcYfialrl� ht the tact and notch 1. th1 Andcrslm
Prrschall laeilit\. owned and ttperatcd \ the Jefferson son County Schttttl Di'ancl. Along: W. 44'h Atc'nuc
con are pro+pcnlcs nmcd C.1. Restnetcd commercial IR -('l. Rcsidential•111lec ilk-?). Residential -
1 %p tR-_' 1 and A-1. The uses on the c omdor %an, a fill multi•lamih lesidential propcOics. numerous
Commercial businesses. a je%% sraticrcd single fanuly ht,mes, and a church. 1 o the north of the property
and the• Anderson Preschool is residential dcs clopnlent. %% fill httth multi-tantih buildings and duplexes.
111C suhje%:l pttolnrt\ has roughly 106 fret of >trcet frontage along W. 44 A\enut. with a curb cut near
the renter. roughl? 24 Ice, In a kith 'live prulscn+ contains mo structures. The first is a house along the
MMM .!1-M (►l�Itld�t.t0.Y►
18
Planning Commission
112-16-02/Fruildule Zone Change
uc�tent pr(+pert) line near the front. approximately I - IM square fitit in size. The seccond is the old
Frundalc Schrm,l building ►►hick has riot hmn used sinc 2007. The school structure which %as built in
1927. is located to,u and the rear of the prupeny with a single story addition on the west side constructed
in the 19,150s. The Cit►' of U'heal Ridge Housing Authority acquired the propert} in 2012 from the
Jefletson County School District.
Currertttly. a playground for the preschool is located on property owned by the Housing Authority. The
school district and the Housing Authority are currently discussing a land swap, which will deed the land
containing the playground to the school district, and the sehoo I district will deed a vacant p
wesicm rear of their property to the Housing Authority. ortion of the
The Fruitdale School building is located at 108{13 W. 44th Avenue and is currently ou-ned by the Wheat
Ridge Housing Authority (WRIiA). The pmperty was deeded to the 1e1%rson County School District in
1883 and the first Scilml was built on the site in 1884. This original building was destroved by fire in
the 1920%, after which noted Denver architect and developer Temple Buell designed the existing red
brick schcwl building in 1927. Additions on both sides of the building wcre constructed in the 1950%
and the facility ser► -rd as a public school until 2(()7. The scl►oa,l building is on the state and national
registries for historic buildings.
ApplicanVOw-ner Preliminary Proposal:
The applicant is requesting a zone change from Ag icultural-Onc (A-1), Residential -Three (R-3). and
yr nitolidate zoning -1)1 site and to
Neighbnrlux►d (MU -N ), The puW.se of the zone change is to
& l+ncparc it for rudcw•elopmarnt opportunities. The MU' -N zoning
allows a variety of residential, u►rnmcrcial and civic land uses.
Currently. the Authority is ►►oriking with a developer partner who is proposing reuse of the existing
structures ti,r the purpose Dicer acing 16 Jori .rtyle apartments, l7rc developer, Hartman Lly Investments
(HF[) is currently under contract to purchase the property anti closing is anticipated in the surntncr of
2016.
'17te MU -N zoning is flexible enough to accommodate HEI'% residential reuse proposal, but would also
be appropriate for most future development if, for some reason. HPI does not move forward. P, is
also an appropriate zone district fir this location. This zone district is generally located along
neighborhood stain streets. such as til', 44a' Avenuc, because it allows for residential uses ac well as a
limited range of commercial and retail use,,,,
Attendance from the neighborhood:
• In addition to ctaffand the applicant. three members of the 41'hcat Ridge Housing Authority (Janice
Thompson. Chad Harr. Jennifer Walter) and fivc members of the public were
melting. in attendance at the
• 11hree of those attending ou n and operate a car repair facility located on the immediately to the wast
which has C -I and R-3 zoning (Phil Romano and Gil and Jean Romero)
• The fourth attendee. Tracy Langworthy, lives in the (townhouse development west of the car repair
tacility (1 1913 - 1095 ) W. 44"' Avcnue). Ms. Langworthy is a fortncT CityCouncil representative
from District Wand WRHA member,
• lien Hartman the potential develuper in negotiations with the WRHA for modification of the building
into 16 residential duelling units.
Planning Commission
WZ-16-02/Fruitdale Zone Change 19
The foiloA.ing is a summary of the neighborhood meeting:
• Staffexplained the site conditions. zoning in the property and in the neighborhood. and the reason
fir the rezoning request.
• 111C applicant explained the reason for the zoning change and a propc►scd redevelopment �ccnario ti+r
the property.
• The attendees were informod of the process for a zone change.
• The attendoes were informed of their opportunity to make comments during the pnuess and at the
public hearings.
The following issues were discussed regarding the zone change request and proposed development:
If the property is rezoned anti repurposed. Will the school building be demolished? No.
What about the small house in front - will it be kept? Under the current plan. the, small house on the
/runt porlion of the rj-opertr will remain and he refitrbishc d.
Will the zone change impact thi zonini: on adiacem rrnpeny'.' No. this _r» tt c hangc s% ill on 1.1 impuc t the
Fntirdale school property.
Will the zone change impact property values in tlw area" Tyre Jefjc►rson s'a:utty.9ssessor s o(Jirr bases
prope•r•tt, assessments an cru nuthe•r titan zoninp. Improvements on the school site Will most likely have a
positilT impact/ on property values and could sen -c• as a catoli:st fi,r wher other property invesnnent
along the 44`x' .Avenue corridor.
Arc there any specific platts,fir the property"? 7h`I> RIIA is r•urri•nt1v under contract ivith a developer
eche, ►could renuxlcl the inside of the building 1or 10 residential dxrNing untra - these mar ix a mil ul
lox -to - moderate income cubits and some market -rate units.
Has the WRHA had any feedback from the Wheat Ridge Historical Society" A'ot recentA
No HArittcn cormspondence was received regarding the neighborhood meeting notice.
20
Planning Commission
11,7-16-02IFruitdale Zone Change
1
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Planning Commission
WZ-16-02IFruildale Zone Change 21
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Planning Commission
WZ-16-02IFruildale Zone Change 21
Ms. Thompson stated it is very important for there to be a rezone and property line
clean up and the Fruitdale project will definitely benefit the City.
It was moved by Commissioner BUCKNAM and seconded by Commissioner
LEO to recommend APPROVAL Case No. MS -16-01, a request for approval of a
two -lot minor subdivision plat on property located at 10801 and 10803 W. 44`h
Avenue, for the following reasons:
I. All agencies can provide services to the property with improvement
installed at the developer's expense.
2. All requirement of Article IV of the zoning and development code have
been met.
With the following conditions:
1. The subdivision plat shall not be recorded until the land exchange
between the applicants is finalized.
Motion passed 5-0.
�. Case No. WZ-16-02: an application filed by the Wheat Ridge Housing Authority for
approval of a zone change from Agricultural -One (A-1), Residential -Three (R-3), and
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at
10803 W 44`h Avenue.
Ms. Reckert gave a short presentation regarding the zone change 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.
Ms. Reckert stated the purpose of the rezoning is to consolidate the zoning and to
modify the list of uses and prepare the property for redevelopment. Rezoning is the
first step in the process and if rezoning is approved then a Site Plan will be required to
review redevelopment on the site. The 3 current zoning designations were inherited
when the City incorporated in 1969; A-1 being the most restrictive and limiting to
single family and farming uses, C -I being for retail use and R-3 allowing for single
family up to multi -family dwellings. MU -N is a hybrid of both A-1 and C-1 allowing
for residential uses and commercial uses as well as multi -family live/work. Both the
Structure Plan (within the Comprehensive Plan) and the Fruitdale Valley Subarea Plan
call for revitalization on the 44 Avenue Corridor. A neighborhood meeting held on
March 1, 2016 had 3 attendees who were generally supportive and there were not
concerns from outside referral agencies. The next steps are a City Council meeting on
May 9, site plan review, and a building permit.
Planning Commission Minutes
April 7, 2016 - 3
Attachment 3
Commissioner BUCKNAM thinks the MU -N zoning makes sense in this corridor and
asked a couple of questions regarding the historic building. He inquired about the
relationship between the City's architectural standards and the historic preservation
requirements.
Ms. Reckert explained that if there were to be a large expansion, by more than 50%,
then the developer would have to comply with architectural standards, but because it is
registered historically it will have to follow the federal historical standards.
Commissioner BUCKNAM then asked about the administrative site plan review
process, and wondered if there has been any discussion about public input or review
given that this is a historic site.
Ms. Reckert and Ms. Mikulak stated currently there is no input from the public during
a site plan review process. Because of the national landmark designation, federal
design standards may trump local design standards.
Commissioner OHM asked if the building is taller than 35 feet and if this presents a
problem because 35 feet is the maximum height for residential uses.
Ms. Mikulak and Ms. Reckert stated they don't know the current height of the
building, but the height would not prohibit the building from being used residentially
because it is an existing condition.
Craig Horlacher, President, Fruitdale Roof Maintenance Assoc.
10720 W. 45th, Wheat Ridge
Mr. Horlacher read part of a letter addressed to Mr. Hartman with HEI. The concerns
of the association regard the northern end of Lot 2 and the construction of a new fence
or screening. They are concerned that a fence on the Fruitdale property could
negatively impact the maintenance and replacement of the existing cedar fence in the
future. Also, he expressed a concern of privacy in the backyards due to the proximity
of the access road and the line of sight from the 2nd story windows in Fruitdale School.
Ms. Reckert acknowledged the concerns and stated she is not sure what the future site
plans holds related to fencing. She indicated that zone change approval is not typically
conditioned with requirements related to fencing.
It was moved by Commissioner TIMMS and seconded by Commission
BUCKNAM to recommend APPROVAL of Case No. WZ-16-02, a request for
approval of a zone change from Agricultural -One (A-1), Residential -Three (R-3),
and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 10803 W. 44th Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community.
Planning Commission Minutes
April 7, 2016 " 4
2. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan.
3. The zone change will consolidate zoning on the property.
4. The zone change will prepare the property for reuse or redevelopment
and may serve as a catalyst for other property redevelopment or
improvements in the area.
5. The criteria used to evaluate a zone change support the request.
Motion Carried 5-0.
C. Case Nos. WZ-15-10 & WZ-15-11: an application filed by Stor-All Storage for
approval of a zone change from Planned Commercial Development (PCD) to Planned
Industrial Development (PID) with an Outline Development Plan (ODP) and a request
for approval of a Specific Development Plan (SDP) for property located at 12700 W.
44`h Avenue.
Mr. Ritchie gave a short presentation on this continuance from the March 17, 2016
Planning Commission Meeting. 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.
Ms. Ritchie updated the Commission with the applicant's changes in the case report.
She explained the ODP document now includes additional uses which are more
commercial in use. These options include research laboratories, eating establishments
without a drive-thru, medical and dental offices and retail sales. Also, there will only
be one free standing sign with a maximum height of 15 feet. Revisions were also made
to the SDP document including the lighting plan which was refined to have no spill on
adjacent properties; a security light added at the rear emergency exit and the low light
levels are consistent with office park lighting at night. The wall signs are what the
applicant intends to apply for and are allowed under the sign code as is.
With regards to the Comprehensive Plan, this area is designated as a neighborhood
buffer due to the proximity to I-70, but there is no specific use of buffering defined, but
there are goals. Goal NI -12 is to increase housing, but this property is not ideal for
housing; Goal NH4 is to stimulate investment and redevelopment in the neighborhood
buffer areas, which this proposal promotes; Goal SC3 is to increase community safety
and code enforcement, this proposal should reinforce this goal; Goal CS7 increases
opportunities for public involvement with City government, this goal is not applicable
to the proposal, but the ODP includes community buildings as a possible use; and
finally Goal S174 maintains a healthy and active community which this proposal
promotes by providing a detached sidewalk along Youngfield Street.
Ms. Ritchie explained that PID was proposed because the majority of uses are allowed
in the I -E zone district and if rezoned to I -E the district would allow uses more intense
than appropriate for this location. Also, PID is employment supporting. Other options
Planning Commission Minutes - 5
April 7, 2016
City of
Wheat�idge � �,
ITEM NO:
DATE: April 11, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2016 - AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT
10803 W. 44TH AVENUE FROM AGRICULTURAL -ONE,
RESIDENTIAL -THREE, AND COMMERCIAL -ONE TO
MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-
01/FRUITDALE)
❑ PUBLIC HEARING ® ORDINANCES FOR jST READING (4/11/2016)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (5/9/201
❑ RESOLUTIONS
QUASI-JUDICIAL: ® YES ❑ NO
ommunity Deve ent Dir ' or City Manager
ISSUE:
The applicant is requesting approval of a zone change from Agricultural -One, Residential -Three,
and Commercial -One to Mixed Use — Neighborhood (MU -N) for property located at 10803 W.
44`h Avenue.
The proposed rezoning area includes one parcel, the total size of which is approximately
1.41 acres. The purpose of the zone change is to consolidate the zoning, to modify the list of uses
and to simplify the review and approval for future reuse of the property.
The Wheat Ridge Housing Authority (WRHA) is the owner and applicant, and at this time they
are working with a developer partner to reuse the property for 16 loft -style apartments. Regardless
of whether this redevelopment moves forward, the Authority considers a zone change necessary
for redevelopment of the property in any capacity.
PRIOR ACTION:
Planning Commission will hear the request at a public hearing on April 7, 2016. The staff report
and meeting minutes from that meeting will be included with the ordinance for second reading.
Council Action Form — Fruitdale Zone Change
April 11, 2016
Page 2
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City. The
portunities for the property, which promotes the
rezoning may, however, expand redevelopment op
City's economic development goals.
BACKGROUND:
The site is located at 10803 W. 40 Avenue, on the north side of W. 40 Avenue between Parfet
St. and Moore Ct. The subject site is 1.41 acres in size and is zoned Agricultural -One (A-1),
Residential -Three (R-3) and Commercial -One (C-1).
The subject property has roughly 198 feet of street frontage along W. 44`h Avenue, with a curb cut
near the center, roughly 24 feet in width. The property contains two structures. The first is a
cottage along the western property line near the front, approximately 1,100 square feet in size.
The second is the historic Fruitdale School building which has not been used since 2007. The
school structure which was built in 1927 is located toward the rear of the property with a single
story addition on the west side constructed in the 1950s.
The property was previously owned by Jefferson County Public Schools. When the Norma
Anderson preschool opened to the east in 2007, Fruitdale School was decommissioned. The
Housing Authority purchased Fruitdale School in 2011 and has been seeking a reuse for the
property since that time. WRHA is under contract to sell the property to a developer partner,
Hartman Ely Investments (HEI). The developer is proposing reuse of the existing structures for
the purpose of creating 16 loft -style apartments. Regardless of whether HEI is the ultimate buyer,
WRHA considers the zone change necessary for redevelopment of the property.
Surrounding Land Uses
Surrounding properties include a variety of land uses. Immey nort
diatelto the east and h is the
Norma Anderson Preschool facility, owned and operated by the Jefferson County School District.
Along the W. 44th Avenue corridor are properties zoned C-1, Restricted Commercial (R -C),
Residential -Three (R-3), Residential -Two (R-2) and A-1. The uses along the corridor vary, with
multi -family residential properties, of the ous commercial ises, a few scattered Anderson Preschool single
family
homes, and a church. To the north o property and the Norma
residential development, with both multi -family buildings and duplexes.
Current and Proposed Zoning
The property currently has three separate zonings: Agricultural -One (A-1), Residential -Three (R-
3), and Commercial -One (C-1). The purpose of the zone change to Mixed Use- Neighborhood
(MU -N) is to consolidate zoning on the site and to prepare it for redevelopment opportunities.
The MU -N zoning allows a variety of residential, commercial and civic land uses.
The MU -N zoning is flexible enough to accommodate HEI's residential reuse proposal, but would
also be appropriate for most futuredistrict for thislf for some locat on. This zone MU -N is also an appropriate zone zone district is generally located
Council Action Form — Fruitdale Zone Change
April 11, 2016
Page 3
along neighborhood main streets, such as W. 40 Avenue, because it allows for residential uses as
well as a limited range of commercial and retail uses.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 07-2016 an ordinance approving the rezoning of property
located at 10803 W. 44`h Avenue from Agricultural -One, Residential -Three, and Commercial -One
to Mixed Use — Neighborhood (MU -N) on first reading, order it published, public hearing set for
Monday, May 9, 2016 at 7 p.m. in City Council Chambers, and that it take effect 15 days after
final publication."
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 07-2016
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 07
ORDINANCE NO.
Series of 2016
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 10803 W. 44TH AVENUE FROM AGRICULTURAL -
ONE, RESIDENTIAL -THREE, AND COMMERCIAL -ONE TO
MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-16-
01/FRUITDALE)
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, the Wheat Ridge Housing Authority has submitted a land use
application for approval of a zone change to the Mixed Use -Neighborhood zone district
for property located at 10803 W. 44" Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along neighborhood
commercial corridors such as W. 44th Avenue; and,
WHEREAS, a zone change will consolidate the existing zoning on the property
and enable future reuse of the vacant property; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 7, 2016 and voted to recommend of rezoning the property to Mixed
Use -Neighborhood (MU -N) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the Wheat Ridge Housing Authority for approval
of a zone change ordinance from Agricultural -One (A-1), Residential -Three (R-3),
and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 10803 W. 44th Avenue, and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge
City Council, a zone change is approved for the following described land:
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING
THE NORTH -SOUTH CENTERLINE OF THE NORTH HALF OF SECTION 21
TO BEAR NORTH 00018'33" WEST, A DISTANCE OF 2645.89 FEET
BETWEEN A FOUND 3-1/4" BRASS CAP, MARKED "CITYOF WHEAT RIDGE,
ATTACHMENT 1
SURVEY MONUMENT, C1/4, S21, T3S, R69W, 1984, LS 13212" IN RANGE
BOX AND A FOUND 3-1/4" BRASS CAP, MARKED "CITY OF WHEAT RIDGE,
SURVEY MONUMENT, 1/4, S16/S21, T3S, R69W, 1984, LS 13212" IN RANGE
BOX, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION,
THENCE SOUTH 00018'33" EAST,ALONG WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION, A DISTANCE OF 1600.70 FEET TO A POINT
ON THE NORTH LINEOF LORDPATIO HOMES SUBDIVISION,
DESCRIBED IN RECEPTION NO 9318078, DATEDOMB R 99
RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER, SAID
POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89031'09" EAST
ALONG SAID NORTH LINEA DISTANCE OF 11.06 FEET; THENCE SOUTH
DEPARTING SAID NORTH LINE 00018'34" EAST, A DISTANCEOF 140.24
FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND
DESCRIBED IN RECEPTION NO. 2012138009, DATED DECEMBER 21, 2015,
RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER; THENCE
SOUTH 89"46'58" EAST ALONG SAID NORTH LINE, A DISTANCE OF 36.36
FEET;THENCE DEPARTING SAID NORTH LINE SOUTH 00018'40" EAST, A
T; THENCENORTH 90°00'00" EAST, A DISTANCE
DISTANCE OF 89.92 FEE
OF 51.64 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL -,THENCE
SOUTH 00018'40" EAST, ALONG SAID EAST LINE, A DISTANCE OF 172.70
FEET TO THE NORTHRIGHT OF WAY LINE OF WEST 44TH AVENUE;
THENCE NORTH 89053'18" WEST, ALONG SAID NORTHRIGHT OF WAY
LINE, A DISTANCE OF 198.00 FEET TO THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00018'41" WEST, ALONG SAID WEST LINE, A DISTANCE
OF 262.43 FEET TO THE SOUTHWEST CORNER OFSAID LOT 15; THENCE
NORTH 00018'34" WEST, ALONG THE WEST LINE OF SAID LOT, A
DISTANCE OF139.263 E 9T EOS HALO G THENORTORNNE OF SAID LOT, A
ER OF SAID LOT;
THENCE NORTH 89
DISTANCE OF 98.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINING 62,708 SQ.FT. OR 1.4396 ACRES, MORE OR LESS.
ALSO KNOWN AS 10803 W. 44TH AVENUE.
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 object sought to be attained.
Section 4. Severability; Conflicting Ordinance R2Rtaled. 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 11 day of April, 2016, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 9, 2016 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 2016.
SIGNED by the Mayor on this day of
ATTEST:
Janelle Shaver, City Clerk
Joyce Jay, Mayor
Approved as to Form
1 sc publication: Gerald Dahl, City Attorney
2nd publication:
Wheat Ridge Transcript:
Effective Date:
2016.
., A I
City of
Wheat Rid e
��r
MUNITY vg
DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Meredith Reckert
DATE OF MEETING: April 7, 2016
CASE NO. & NAME: WZ-16-02/Fruitdale School
ACTION REQUESTED:
Approval of a zone change from Agricultural -One (A-1), Residential -
Three (R-3), and Commercial -One (C-1) to Mixed Use -Neighborhood
(MU -N)
LOCATION OF REQUEST:
10803 W. 44°i Avenue
PROPERTY OWNER:
Wheat Ridge Housing Authority
APPROXIMATE AREA:
1.41 acres
PRESENT ZONING:
Agricultural -One (A-1), Residential -Three (R-3), and Commercial —
One (C-1)
COMPREHENSIVE PLAN:
Neighborhood Commercial Corridor
ENTER INTO RECORD:
COMPREHENSIVE PLAN
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
DIGITAL PRESENTATION
Planning Commission
WZ-16-02/Fruitdale Zone Change
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
The applicant is requesting approval of a zone change from Agricultural -One (A-1), Residential -
Three (R-3), and Commercial—One (C-1) to Mixed Use — Neighborhood (MU -N) for property
located at 10803 W. 44th Avenue.
The purpose of the rezoning is to modify the list of uses and to simplify the review and approval
for future reuse of the property. (Exhibit 1, Applicant Letter)
The zone change is the first step of the process for approval for reuse or redevelopment of this
site under MU -N zoning. If approved, and prior to any redevelopment, a site development plan
review will be required to confirm compliance with the city zoning code and the Architectural
and Site Design Manual. This review would be administrative with no additional public hearings
required.
II. EXISTING CONDITIONS/PROPERTY HISTORY
The site is located at 10803 W. 44th Avenue, on the north side of W. 44th Avenue between Parfet
St. and Moore Ct. The subject site is 1.41 acres in size and is zoned Agricultural -One (A-1),
Residential -Three (R-3) and Commercial -One (C-1).
The subject property has roughly 198 feet of street frontage along W. 44th Avenue, with a curb
cut near the center, roughly 24 feet in width. The property contains two structures. The first is a
cottage along the western property line near the front, approximately 1,100 square feet in size.
The second is the old Fruitdale School building which has not been used since 2007. The school
structure which was built in 1927 is located toward the rear of the property with a single story
addition on the west side constructed in the 1950s. (Exhibit 2, Aerial Photo)
A related case, Case No. MS -16-01, would subdivide the subject site from adjacent property to
the east. The Fruitdale school building and cottage are located on Lot 2 of the Fruitdale School
Subdivision. (Exhibit 3, Fruitdale School Subdivision graphic)
The Housing Authority purchased Fruitdale School in 2011 from the Jefferson County School
District, but the history of the site dates back to the 1800s. The property was deeded to the
Jefferson County School District in 1883 and the first school was built on the site in 1884. This
original building was destroyed by fire in the 1920s, after which noted Denver architect and
developer Temple Buell designed the existing red brick school building in 1927. Additions on
both sides of the building were constructed in the 1950s and the facility served as a public school
until 2007. When the Norma Anderson preschool opened on the east portion of the site in 2007,
Fruitdale School was decommissioned. The property is flat with various mature trees on it which
appear to be elms, cottonwoods and spruce trees. (Exhibit 4, Site Photos)
In November 2015, WRHA executed a purchase and sale agreement with Hartman Ely
Investments (HEI), by which Lot 2 will be sold for redevelopment after platting is completed,
Planning Commission 2
WZ-16-02/Fruitdale Zone Change
and various other milestones are reached. The developer is proposing reuse of the existing
structures for the purpose of creating 16 loft style apartments. The sale closing is anticipated in
the summer of 2016. Regardless of whether or not HEI is the ultimate buyer, WRHA considers
the zone change and subdivision plat necessary for redevelopment of the property in any
capacity.
Adjacent zoning and land use
Surrounding properties include a variety of land uses. Immediately to the east and north is the
Norma Anderson Preschool facility, owned and operated by the Jefferson County School
District. Along the W. 44`h Avenue corridor are properties zoned C-1, Restricted Commercial
(R -C), Residential -Three (R-3), Residential -Two (R-2) and A-1. The uses along the corridor
vary, with multi -family residential properties, numerous commercial businesses, a few scattered
single family homes, and a church. To the north of the property and the Norma Anderson
Preschool is residential development, with both multi -family buildings and duplexes. (Exhibit 4,
zoning map).
III. PROPOSED ZONING
The property currently has three separate zonings on it Agricultural -One (A-1), Residential -
Three (R-3), and Commercial -One (C-1). The purpose of the zone change to Mixed Use -
Neighborhood (MU -N) is to consolidate zoning on the site and to prepare it for redevelopment
opportunities. The MU -N zoning allows a variety of residential, commercial and civic land uses.
The MU -N zoning is flexible enough to accommodate HEI's residential reuse proposal, but
would also be appropriate for most future development if, for some reason, HEI does not move
forward. MU -N is also an appropriate zone district for this location. This zone district is
generally located along neighborhood main streets, such as W. 44`h Avenue, because it allows for
residential uses as well as a limited range of commercial and retail uses.
The A-1 zoning has a limited use list and includes single family residential and agricultural uses
such as general farming, horse stables and landscape nurseries. The R-3 zoning allows a variety
of residential uses including single and two family dwellings and multi -family with up to 12
units per acre. The C-1 zone district allows a variety of land uses including office, service and
retail uses that can serve the neighborhood or provide more of a regional draw such as with large
format retailers and franchised restaurants.
The most intensive zoning on the property is the Commercial -One with the least intensive zoning
being A-1. The following table compares the existing A-1 and C-1 zoning and proposed MU -N
zoning for the property.
Planning Commission 3
WZ-16-02/Fruitdale Zone Change
Development
A-1 zoning
C-1 zoning
MU -N zoning
Standard
Uses
Single family
Commercial uses
Residential and
residential and
(office, service and
commercial uses
general farming
retail) including
(office, service and
operations
restaurants, fueling
retail, restaurant)
stations, RV and auto
including multi -family
sales and service
and live/work facilities
Architectural
None
None specified but
Mixed Use
Standards
would have to follow
development standards
ASDM
specified in zone
district — similar to
ASDM
Max. Building Height
35'
50'
35' for any building
having a residential
use and 50' for any
building having a
commercial use
Max. Lot Coverage
40%
80%
85% to 90%
Min. Landscaping
N/A
20%
Mixed use —10%
Single use - 15%
Min. Front Setback
25'
0' — 20' build -to
0'-20' build-tb
If the rezoning is approved, the applicant would then submit for an administrative plan review
and building permit. 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.
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. While the new zoning
would allow for residential, commercial and mixed uses on the lot, any proposed new
development will require site plan review through which traffic impacts, drainage, and
buffering will be analyzed.
Planning Commission 4
WZ-16-02/Fruitdale Zone Change
The MU -N zoning is expected to add value to the subject property and also to the
surrounding community. The mixed use development standards will support compatibility
between future development and existing land uses.
Staff concludes that this criterion has been met.
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist
or are under capacity.
All responding agencies have indicated they can serve the property 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
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.
The proposed zoning is consistent with the policies and goals in the City's
comprehensive plan—Envision Wheat Ridge which was adopted in 2009. The Structure
Plan map in Envision Wheat Ridge illustrates the community's vision by classifying
different types of areas and corridors. It is not a parcel -based land use map, and therefore
does not specifically show all existing and proposed land uses.
The Structure Plan for this area depicts W. 44th Avenue as a "neighborhood commercial
corridor" with Public (represented in blue) transitioning into Neighborhood to the north,
east and west (represented by yellow).
- -T—
Site
r
W. 44th Avenue
Goals identified for neighborhood commercial corridors include:
Planning Commission 5
WZ-16-02/Fruitdale Zone Change
• Encouraging improvement of underutilized properties.
• Increasing housing options
• Ensuring quality design for development and redevelopment
• Redevelopment and reinvestment in underutilized areas with denser, high quality
development.
The property is also located in the Fruitdale Valley Subarea plan which was adopted in
2007. Goals identified in the plan include:
• Designating this general area as mixed use
• Supporting the redevelopment and revitalization of properties along 44`h Avenue.
• Improving and maintaining the quality and conditions of property in the area.
• Targeting the Fruitdale School property for a viable reuse of the existing building
Because the MU -N zoning will allow for investment in the property either through reuse
or redevelopment, the zone change and site development could encourage revitalization
on other properties in the area.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error.
Staff has not found any evidence of an error with the current zoning designations as they
appear on the City zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that
it is in the public interest to encourage redevelopment of the area or to recognize the
changing character of the area.
West 44`x' Avenue carries between 11,000 and 12,000 vehicles per day and land use on
the corridor includes a variety of residential, multi -family and small businesses. Many
of these properties were developed in Jefferson County prior to incorporation of the City.
The zone change will promote reuse or redevelopment of the property which could act as
a catalyst for additional redevelopment and property investment in the area.
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that
was not anticipated at the time of the adoption of the City of Wheat Ridge
comprehensive plan.
Many of the City's guiding documents recommend expanding housing choices for City
residents. The zone change will assist the City in reaching this goal.
Planning Commission 6
WZ-16-02/Fruitdale Zone Change
Staff concludes that this criterion has been niet.
Staff concludes that the criteria used to evaluate a zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant is required to hold a
neighborhood input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on October 28, 2014. Roughly 20 persons were in
attendance. Discussion topics are addressed in the neighborhood meeting notes. (Exhibit S,
Neighborhood Meeting Notes)
VI. AGENCY REFERRAL
All affected service agencies were contacted for comment on the zone change request and
regarding the ability to serve the property. Specific referral responses follow:
Arvada Fire Protection District: Can serve the property with improvements installed at the
developer's expense to be assessed at the time of site plan review.
Fruitdale Sanitation District: May require line and tap upgrades at the developer's expense.
Valley Water District: Can serve the property with upgrades at the developer's expense.
Wheat Ridge Public Works: No objections. Drainage and traffic will be analyzed at the time
of site development plan.
Xcel Energy: No objections to the zone change
Comments received relate only to the zone change request. A separate referral process would be
required in the future if the zone change is approved and a site plan is submitted.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of
the community. Staff further concludes that the proposal is consistent with the goals and
objectives of the Comprehensive Plan. The zone change will consolidate zoning on the property
and prepare it for reuse or redevelopment. Investment in 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-16-02.
VIII. SUGGESTED MOTIONS
Planning Commission 7
1VZ-16-02/Fruitdale Zone Change
Op
"I move to recommend APPROVAL of Case No. WZ-16-02, a request for approval of a zone
change from Agricultural -One (A-1), Residential -Three (R-3), and Commercial -One (C-1) to
Mixed Use -Neighborhood (MU -N) for property located at 10803 W. 44`h Avenue, for the
following reasons:
1. The proposed zone change will promote the public health, safety, or welfare of the
community.
2. The proposed zone change is consistent with the goals and objectives of the City's
Comprehensive Plan.
3. The zone change will consolidate zoning on the property.
4. The zone change will prepare the property for reuse or redevelopment and may serve as a
catalyst for other property redevelopment or improvements in the area.
5. The criteria used to evaluate a zone change support the request."
Opt=
"I move to recommend DENIAL of Case No. WZ-16-02, a request for approval of a zone change
from Agricultural -One (A-1), Residential -Three (R-3), and Commercial -One (C-1) to Mixed Use
-Neighborhood (MU -N) for property located at 10803 W. 44`h Avenue, for the following reasons:
Exhibit 1 — Applicant letter
Planning Commission
WZ-16-02/Fruitdale Zone Change
Aor%hh.'
-"�RM
Wheat NOW- HotiOng Authonty
7500 W. 29'h Ave.
wheat Ridge, Co
303-235-2846
March 2. 2016
Please find enclosed a complete land use application for the purpose of rezoning propem- at
10503 W. 44 t Avenue. The purpose of the zone change application is to consolidate zoning
from Agricultural -One (A-1). Residential -Three (R-3). and Commercial -One ((,-1) to
Mixed Use -Neighborhood (NW -N) and to facilitate reuse of the property and building.
Background
The Fruitdale School btulding is located at l OS03 Vi'. 44th Avenue and is cuurently owned b;= the
Wheat Ridge Housing Authority- (u'HRA)_ The property was deeded to the Jeffeison Cotuma
School District in 1583 and the first school was built on the site in 1584. This original building
was destroyed by fine in the 1920s. after which noted Denver architect anddeveloper Temple
Buell designed the existing red brick school building in 192 7. Additions on both sides of the
building were constructed in the 1950s and the facility served as a public school until 2007.
Enclosed is a timeline of events that have oceti red since 2007. but in brief INTJLA purchased the
propem, in 2011 from Jeffco Schools and has been seeking a viable reuse of the property since
that time.
Zone Change Request
The subject site is currently zoned Agriculiftni-One (A-1). Residential -Three (R-3)- and
Commercial -One (C-1) and is 171?03 square feet or 3.93 acres in size. A concurrent
subdivision application will consolidate existing parcels resulting in the 3.93 -acre subject lot.
The Authority. has long been aware that the property would likely need to be rezoned in order to
facilitate a redevelopment. Until now. it would have been premature for the Authority to
speculatively rezone the property. Some uses (such as a school) would not have required a zone
change- and other uses would have required a specific zoning designation or planned
development.
Currently. the Authority is working with a developer partner who is proposing reuse of the
existing structures for the purpose of creating 16 loft style apartments. The developer. Hartni m
Planning Commission 9
WZ-16-02/Fuitdale Zone Change
Ely Imvestments (HEI) is currently under contract to purchase the- propemy and closing is
anticipated in the summer of _'016.
The N[U-Ni zoning is flexible enough to accommodate HEI's residential reuse proposal. but
would also be appropriate for most future development if for sonre reason. HEI does not move
forward. NIU -N is also an appropriate zone district for this location This zone district is
generally located along neighborhood main streets_ such as W. 4.0' Nvemie_ because it allows for
residential uses as well as a liuuted range of commercial and retail uses -
Other C ousiderations
The historic school does not currently have any utility* connections. Because the building was
previously expected to be demolished after it was decommissioned by the school district. all
utilities were disconnected and transferred to the neighboring preschool ;then it was built in
2007 A developer would be responsible for reinstating utility ser,ices.
This image is an excerpt from the City's zoning map which shows that the Fruitd ale School
property includes three different zoning designations The subject propert,, is outlined in blue
and is proposed to be rezoned to MU -N_
Planning Commission 10
WZ-16-02/Fruitdale Zone Change
Fruitdale School Timeline
For background reference. listed below is a timeline of events that have occuured since 2007
inchiding the purchase of the school by'%THA and the manv attempts to identify a viable end
use.
• Fall 2007 - Fruitdale is decommissioned as a school in 2007 when the new Norma
Anderson Preschool opens on the adjacent property. The east addition of Fnuitdale is
demolished to accommodate the preschool- Utilities to Fnuitdale are disconnected and
transferred to the new preschool. and the historic building becomes vacant.
• Spring 2008 - Jeffco Schools issues an RFP to solicit proposals for the possible sale of
the building. tl'REA decides to submit a proposal for renovation of the school into
residential units.
• April '008 - XATJ -k retains Entasis Group to complete a cost estimate for a possible
residential reuse of Fnutdale. IML -k pans Entasis $22.000 to develop conceptual plan:
and work specifications. Entasis completes a proposal to renovate the building into
residential lofts: the cost for renovation is estimated at nearly SL million for m averap7e
cost of S188-000 per unit for nine units.
• Fall 2008 After exploring financing, options. IXTJ- A decides a residential reuse of
Fnuitdale is not feasible because of the financing requirements associated with
multifamily, development. The ZNTJLk notifies Jeffco Schools that the project is no
longer considered feasible and the proposal is withdranu_
• Summer 2010 - The Fnutdale building has remained vacant for three years, and Jeffco
Schools contacts Wheat Ridge to see if the City or Housing Authority wound like to
reconsider purchasing the propeM7 before demolition plans are finalized.
• July 2010 - XX'RHA decides to commission a more detailed market analvsis to assess the
viability of converting the Fniitdale School into residential units.
• October 2010 - A market analysis is completed by The Genesis Group for a fee of
$4-000. The anal) -is considers for -sale and for -lease residential units. The results of the
analis again indicate that a residential reuse is not financially viable. particularly given
the nurent economic and multifamily housing conditions. The Housing Authont-77
decides again not to pursue acquisition of Fruitdale.
• November 2010 - WRI A sends a letter to Jeffco Schools indicating they - are not
interested in purchasing the building.
• February 2011- The school district prepares the building for demolition. The 14Ia-,w,
with support from Colorado Preservation Inc. (CPI) staff. approaches Jeffco Schools
about the possibility of XTJLk purchasing the building to save it from demolition.
• April '011- After several months of negotiation_ the Housing Authority* ultimately
purchases Fniitdale School for S112.000—the same price which Jeffco Schools had
already paid for environmental remediation in preparation for demolition. A portion of
the new preschools play groutid remains on the land deeded to `XTJiA
Planning Commission
WZ-16-02/Fruitdale Zone Change
• Fall 2011— The interior of the school has deteriorated because of a lack of climate
control and a lealaug roof durimg the four years of sitting vacant. IN'RHA decides to
install a new roof_ and the building is weatherized for a cost of 5110.000.
• Spring 2012 —Based on an application submitted by CPL a $15.001 non matching grant
is received from the State Historic Fluid (SHF) for completion of a Historic Stricture
Assessment (HSA). Slaterpaull:architects is hired to prepare the HSA.
• December 2012 — The HSA is completed and identifies $'.' million in deficiencies: these
mould need to be addressed simply to male the building habitable. n-ithout any_ major
interior changes to the building configuration or tenant finish Awk.
• Spring 2013 — N WL -k applies for and receives a .second SHF grant in the amount of
$43.000. This includes a regtured _2 5° o match of $11.000 from VLTJLA- and allows for
the preparation of constriction documents as identified in the HSA.
• March 2013 — After applying for historical landmark designation. Frnwitdale School is
approved to be included on the National Register of Historic Places and the Colorado
State Register of Historic Properties.
• December 2013 — IXTdLA, retains Butler Burgher Group to compkte a aluation and
market analysis that explores possible reuse options (condos. ap=ments. office. retail.
industrial etc.) and quantifies the feasibility of each. The market study assumes that
deferred maintenance (S'.2 mullion) has already been addressed and considers the
renovation casts and stabilized values for each type of land use The market stud;
conchudes that no specific laud use is considered a -highest and best use. 7 and any
potential reuse mould likely have a funding gap of 51.5 to S1. i_5 million dollars If
redevelopment is desired. the study recommends a partnership with the City.
Alternativelti, it recommends demolition as the most objectite. financially feasible
option, although this too would be at a loss given the land tahre is less than the combined
costs of demolition and the Auuthority' s investment to date.
• March 2014 — IURH.a publishes a Request for Interest (RFT) to solicit reuse proposals
from the development community.
• July 2014 — Three proposals are received in response to the RFI_ and the Housing
Authority selects a ptoposal from Mountain Phoenix Charter School fear an expansion of
their charter school into Fruitdaale. A purchase and sale agreement is executed in
October.
• January 201 — After several months of due diligence. the charter schaol terriinates the
purchase and sale agreement.
• Febntar,, 2015 — The Housing Authority offers another RFI respondent- Hamman Ely
Investments (IffiI). an opportunity to present their redevelopment proposal.
• April 2015 — HEI presents a preliniinuy reuse proposal to AT Uk and is granted an
exchasive four-month period to conduct due diligence.
• November 2015 — I�TdUk and HEI execute a Purchase and Sale Agreenuen;.
Planning Commission 12
WZ-1 h-02/Fruitdale Zone Change
• November 24.201:5 — IXTdLk passes a motion authorizing their fuLincial participation in
the amount of a $170.000 gr=T and a S400.000 loan.
• Febnwy 22, 2016 — Cit` approves development agreement authorizing their financial
participation in the amount of a $470.000 grant arida $1.9 million short terns loan.
Planning Commission 13
WZ-16-02/Fruildale Zone Change
I
LOT 8 I LOT 9
T
Detail 'A'
Legend
0
FOUND AUOUOT MONUMENT AS DESCRIBED
1 µ 102.]1'
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Proposed Conditions
CASE HISTORY
MS -16-01
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I. .E INFORMATION ONIHIS SHEET SNOWS THE PROPOSED
CONDITIONS. ONLY MEASURED AND CALCULATED DIMENSIONS
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CASE HISTORY
MS -16-01
Exhibit 3 — Plat page
Planning Commission 15
WZ-16-02/Fruitdale Zone Change
Exhibit 4 — Site Photos
Planning Commission 16
WZ-16-02/Fruitdale Zone Change
Planning Commission 17
WZ-16-02/Fruitdale Zone Change
Exhibit 5 — Neighborhood Meeting Notes
Wheat _gc
COMMUNITY DFvFuwmFNT
('ii}ol'WhcalRidgeMunicipal Building 7500til'.29"A+e. WheatK,dgc.('u h(X1;3•h0UI P_:u3.2235.284t, 1. 30.215.2837
NEIGHBORHOOD MEETING NOTES
Meeting Mile: March 1, 2016
Attending Staff: Meredith Reckcrt, Senior Planner
Lauren Mikulak, staff liaison to the Wheat Ridge Housing
Authority
Location of fleeting:
Wheat Ridge Municipal Building
Police Training Room
7500 W. 2e Avenue
Wheat Ridge, CO 80033
Proper[% Address:
10803 W. 44'" Avenue
Properth Owner(s):
Wheat Ridge Housing Authority
Property Owner(s) Present?
Yes
Applicant:
Wheat Ridge Housing Authority
Applicant Present:'
Yes
Existing Zoning:
Commercial-Onc. Residential-Thri-r (R-3) and Agricultural -
One (A-1)
Existing Comp. Plan: Neighborhood Commercial Corridor
Existing Site Conditions:
The site is located at 1(1803 W. 44"' Avenue. on the north side of W. 44'h Avenue between Parfet St. and
Moore Ct. The subject site is currently zoned Agricultural-Onc (A-1), Residential -Three (R-3), and
C ommcrcial-Onc (C-1) and is 171.205 square feet or 3.93 acres in size consisting of several unplatted
parcels.
Surrounding properties include a variety of land uses. Immediately to the east and north is the Anderson
Preschool facility, owned and operated by the Jefferson County School District. Along W. 44's Avenue
corridor are properties zoned C-1. Restricted Commercial (R -C). Residential -Three (R-3), Residential -
Two (R-2) and A-1. The uses on the corridor vary, with multi -family residential properties, numerous
commercial businesses, a few scattered single family homes, and a church. To the north of the property
and the Anderson Preschool is residential development, with both multi -family buildings and duplexes.
The subject property has roughly 196 feet of street frontage along W. 44'" Avenue, with a curb cut near
the center, roughly 24 feet in width. The property contains two structures. The first is a house along the
%%%xi.o leatetdge.muf
Planning Commission 18
WZ-16-02/Fruitdale Zone Change
western properh line near the front, approxirnateiv 1.1()0 square feet in size. The second is the old
Fruitdale Schcx�I building which has not been used since 2007. The school structure which was built in
1927, is located toward the rear of the properly with a single story addition on the west side constructed
in the 1950s. Thc City of Wheat Ridge Housing Authority acquired the property in 2012 from the
Jetierson County School District.
Currently, a playground for the preschool is located on pmPerty owned by the Housing Authority. The
school district and the Housing Authority are currently discussing a land swap, which will deed the land
containing the playground to the school district, and the school district will deed a vacant portion of the
western rear of their property to the Housing Authority.
The Fruitdale School building is located at 10803 W. 44th Avenue and is cun'cntly owned by the Wheat
Ridge Housing Authority (WRHA). The property was deeded to the Jefferson County School District in
1883 and the first school was built on the site in 1884. This original building was destroyed by fire in
the 1920s, after which noted Denver architect and developer Tcmple Buell designed the existing red
brick scltool building in 1927. Additions on both sides of the building were constructed in the 1950s
aril the facility served as a public school until 2007. The school building is on the state and national
registries for historic buildings.
Applicant/Owner Preliminary Proposal:
The applicant is requesting a zone change from Agricultural -One (A-1), Residential -Three (R-3). and
Commercial -One (C-1) to Mixed Use. Neighborhood (MU -N). The purpose of the none change is to
consolidate zoning on the site and to prepare it for redevelopment 6pportunities. The MU -N zoning
allows a variety of residential. commercial and civic land uses.
Currently, the Authority is working with a developer partner who is proposing reuse of the existing
structures for the purpose otcreating 16 loft style apartments. The developer, Hartman Ely Investments
(HEI) is currently under contract to purchase the property and closing is anticipated in the summer of
2016.
The MU -N zoning is flexible enough to accommodate HE1's residential reuse proposal, but would also
be appropriate for most future development if, for some reason, HEI does not move forward. MU -N is
also an appropriate zone district for this location. This zone district is generally located along
neighborhood main sire -ts, such as W. 44 Avenuc, because it allows for residential uses as well as a
limited range of commercial and retail uses.
Attendance from the neighborhood:
• In addition to staff and the applicant, three members of the IA'hcat Ridge Housing Authority (Janice
Thompson. Chad Harr, Jennifer Walter) and five members of the public were in attendance at the
meeting.
• Three of those attending own and operate a car repair facility located on the immediately to the west
which has C- I and R-3 zoning (Phil Romero and Gil and Jean Romero)
• The fourth attende c, Tracy Langworthy, lives in the townhouse development west of the car repair
facility (1 1913 — 10951 W. 44'h Avenue), Ms. Langworthy is a form cr City Council representative
from District iV and WRHA memher.
• Jim Hartman the potential developer in negotiations with the WRHA formodificadon of the building
into 16 residential dwelling units.
Planning Commission 19
WZ-16-02/Fruitdale Zone Change
The following is a Summar' of the neighborhood meeting:
• Staff explained the site conditions, zoning nn the property and in the neighborhood. and the reason
for the rezoning request,
• The applicant explained the reason for the zoning change and a proposed redevelopment scenario for
the property.
• The attendees were informed of the process for a zone change.
• The attendees were informed of their opportunity to make comments during the process and at the
public hearings.
The following issues %ere discussed regarding the zone change request and proposed development:
If the property is rezoned and repurposed. will the school building be demolished? No.
What about the small house in front - will it be kept? Under Me current plan, the small house on the
front portion of the propertY will remain and be refurbished.
Will the zone change impact the zoning on adjacent property? No, this rom change ++-ill only impact the
Frtrltdale school properly.
Will the zone change impact property values in the area? The Jefferson C'ounn, Assessor's office bases
properly assessments on use rather than zoning. Improvements on the school site +vill most likelt, have a
posili+xr impact on property values and could sena as a catahst for other other property- investment
along the 44`h Avenue corridor.
Arc there any specific plans for the property? The WRHA is currenth• under contract ++vth a developer
who would reibodel rhe inside of the building for 16 residential dwelling units-'ihesc may he a mix of
low -to - moderate income units and some market -rate units.
Has the WRHA had any feedback from the Wheat Ridge Historical Society? Not recent!►-,
No written sY?rrespondcnce was received regarding the neighborhood meeting notice.
Planning Commission 20
WZ-16-02/Fruitdale Zone Change
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City of
Wheatidge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26-109.D)
March 24, 2016
Dear Property Owner / Current Resident:
This is to inform you of Case No. WZ-16-02, an application filed by Wheat Ridge Housing
Authority for approval of a zone change from Agricultural -One (A-1), Residential -3 (R-3), and
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 10803 W.
44th Avenue. This request is scheduled for public hearing in the Council Chambers of the
Municipal Complex at 7500 West 29th Avenue. The schedule is as follows:
Planning Commission April 7 2016 (i 7.00 p.m.,
City Council May 9, 2016 0) 7.00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. If you have any questions or desire to review any plans, please
contact the Planning Division at 303-235-2846.
Thank you,
City of Wheat Ridge Planning Division
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Ifyou need inclusion assistance, please call Maureen Harper, Public
Information Officer, at 303-235-2877 at least one week in advance of the meeting.
+++++s.ci.++ heatridge.co.us
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City of
Wheat jdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26-109.1))
March 24, 2016
Dear Property Owner / Current Resident:
This is to inform you of Case No. MS -16-01, an application filed by the Wheat Ridge Housing
Authority requesting approval of a subdivision plat to create 2 lots for property located at 10801-
10803 W. 44th Avenue. This request is scheduled for public hearing in the Council Chambers of
the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows:
Planning Commission April 7. 2016 na 7.00 p.m.,
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. If you have any questions or desire to review any plans, please
contact the Planning Division at 303-235-2846.
Thank you,
City of Wheat Ridge Planning Division
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Ifyou need inclusion assistance, please call Maureen Harper, Public
Information Officer, at 303-235-2877 at least one week in advance of the meeting.
www.ei.wheatridge.co.us
_ 11
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10900 INVESTMENT MANAGEMENT
10810 44TH LLC LLC ANDERSON HOLLY J
17454 W 67TH AVE 6504 MOSS CIR 10921 W 44TH AVE
ARVADA CO 80007 ARVADA CO 80007 WHEAT RIDGE CO 80033
ANNA CAROL
10881 W 45TH AVE
WHEAT RIDGE CO 80033
CAMPBELL KEVIN CAMPBELL DANA
10750 W 45TH AVE
WHEAT RIDGE CO 80033
COVINGTON SAM G
10840 W 45TH AVE
WHEAT RIDGE CO 80033
DEVRIES RICHARD D DEVRIES DIANE
M
4300 PARFET ST
WHEAT RIDGE CO 80033
FRANKS GREGORY E
4375 NEWCOMBE ST
WHEAT RIDGE CO 80033
GALLEGOS GARRY R L GALLEGOS
LOUISE C
10801 W 45TH AVE
WHEAT RIDGE CO 80033
GONZALES CARLOS J GONZALES
EVAN A
10860 W 45TH AVE
WHEAT RIDGE CO 80033
HILER GORDON R HILER MERLENE A
10861 W 45TH AVE
WHEAT RIDGE CO 80033
JEFFERSON COUNTY SCHOOL DIST
R1
1829 DENVER WEST DR
GOLDEN CO 80401
BLOSSER JOELY A
10940 W 45TH AVE
WHEAT RIDGE CO 80033
CANNON CLINT D
5240 JUNIPER CT
GOLDEN CO 80403
COX ROBERT A
10798 W 46TH AVE
WHEAT RIDGE CO 80033
DICK T & CHARLENE S MORISHIGE
REVOC TRST
1909 PARFET ESTATES DR
GOLDEN CO 80401
FRUITDALE BAPTIST CHURCH
10555 W 44TH AVE
WHEAT RIDGE CO 80033
GHANI MOHAMMED A GHANI
SAYEEDA
6101 PHEASANT CT
FORT COLLINS CO 80525
HECTOR BRADLEY R
10846 W 77TH AVE
ARVADA CO 80005
HOLSTEIN CHESTER L HOLSTEIN
ROSA L
3995 EASLEY RD
GOLDEN CO 80403
KUEBLER GLORIA JEAN VANDAMME
ELLA MARIE STOKER NANCI
SAXTON
5355 S SAULSBURY WAY
LITTLETON CO 80123
BLUE SKY III LLC
10047 ALLISON
BROOMFIELD CO 80021
CLEARWATER TOWNHOME CONDO
ASSOC INC
% TREASURER
100 JEFFERSON COUNTY PKWY
GOLDEN CO 80419
DENINGER GILBERT M DENINGER
MARY J
4342 BROOKWOOD DR
HIGHLANDS RANCH CO 80130
ELLIOTT ANN
4301 QUAIL ST
WHEAT RIDGE CO 80033
FRUITDALE CONDOMINIUM OWNERS
ASSOCIATION
% WEST 45TH AVENUE LIMITED
LIABILITY CO
7100 GRANDVIEW 10
ARVADA CO 80002
GIBBONS ASHLEY RENEE GIBBONS
JASON
10942 W 45TH AVE
WHEAT RIDGE CO 80033
HELTEN RONALD J HELTEN MARY
ROSE
10231 PRESTWICK TRL
LONE TREE CO 80124
INDOOR SPORTS COMPLEX LLC
19181 STATE HWY 8
MORRISON CO 80465
LIGHTBURN FAMILY TRUST THE
10821 W 45TH AVE
WHEAT RIDGE CO 80033
MANES GLENN D MANES KIMBERLY MARTINEZ BENITO Q MARTINEZ
A DEBBIE L
10770 W 46TH AVE 14369 W 69TH PL
WHEAT RIDGE CO 80033 ARVADA CO 80004
MMD APARTMENTS LLC
2517 TAFT CT
LAKEWOOD CO 80215
NEWTON RICHARD L NEWTON
CLARA W
10841 W 45TH AVE
WHEAT RIDGE CO 80033
RDVK LLC
0 PO BOX 391
KIOWA CO 80117
SCHROEDER RICHARD J
5717 MC INTYRE ST
GOLDEN CO 80403
TABRIZI MAKAN A
4342 OWENS ST
WHEAT RIDGE CO 80033
MYRON MARGARET
10820 W 45TH AVE
WHEAT RIDGE CO 80033
OTA GEORGIA
10936 W 45TH AVE
WHEAT RIDGE CO 80033
REGRUT MICHAEL W
8548 67TH PL
ARVADA CO 80004
STREET DIANNE ELIZABETH
10938 W 45TH AVE
WHEAT RIDGE CO 80033
THRASH MARY G
10940 W 44TH PL
WHEAT RIDGE CO 80033
MCKEARNAN NEIL J
1700 GLEN MOOR DR
LAKEWOOD CO 80215
NENE HOLDINGS LLC
32929 INVERNESS DR
EVERGREEN CO 80439
PHEGLEY MARILYN A
10771 W 45TH AVE
WHEAT RIDGE CO 80033
ROMERO GILBERT ROMERO FELIX R
7743 NEWLAND ST
ARVADA CO 80003
STREMEL ROBERT L STREMEL LEXIE
K
10770 W 45TH AVE
WHEAT RIDGE CO 80033
TORRENCE WILLIAM C FARNUM
DEBORAH L
17494 W 43RD DR
GOLDEN CO 80403
TRUJILLO INDALESIO B TRUJILLO
ODILA M KRAPES DAVID A VALLEY BOYS LLC VOS JOHN ERIC
10991 W 44TH AVE 10710 W 44TH AVE 10760 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
Litt' of
W heat j ridge
PUBLIC WORKS
Memorandum
TO: Lauren Mikulak, Senior Planner
FROM: Dave Brossman, Development Review Engineer
DATE: March 14, 2016
SUBJECT: WZ-16-02/ Fruitdale Zone Change, 10803 W. 44th Avenue
I have completed my review for the request to rezone the property at 10803 W. 44th
Avenue to consolidate the existing zoning to Mixed Use Neighborhood (MU -N) received
on March 3, 2016, and I have the following comments:
It does not appear that the current rezoning proposal entails any site changes
which could trigger traffic or drainage requirements. Therefore, Public Works has
no comments at this time.
To Lauren - Fruitdale_10803 W441h Ave_MU-N Re -Zone Ist Review.docx
MARTIN MARTIN
CONSULTING ENGINEERS
March 4, 2016
Lauren Mikulak
City of Wheat Ridge
Community Development
7500 W. 29" Avenue
Wheat Ridge, Colorado 80033
Re: Fruitdale Sanitation District —10803 W. 44th Avenue — WZ-16-02
Martin/Martin, Inc Project No.: 130053.C.01
Dear Ms. Mikulak,
On behalf of the Fruitdale Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the
following in response to the referenced referral received March V, 2016 concerning request for approval of a property
zone change located at 10801-10803 W. 44" Avenue. The zone change consolidates Agricultural One, Residential
Three, and Commercial One to Mixed Use Neighborhood. From a site plan provided by the developer via email on
December 20, it appears the development will include two apartment buildings — one with 16 units and the other with
1 unit. The Fruitdale Sanitation District has no objections with the proposed request conditional on the elements
identified herein are fully addressed. The following are general requirements for sanitary sewer service.
The subject lot is entirely within the service and boundary area of the Fruitdale Sanitation District. Treatment of
sewage generated within the Fruitdale Sanitation District is provided by Metro Wastewater Reclamation District.
Existing District Sanitary Sewer Mainline(s)
FSD has an existing 15 -inch sanitary sewer main running west to east within W. 44"' Avenue to the south of the subject
property. The District Rules and Regulations state that each individual building will require a separate service line and
connection to the District main. An alternate option is to construct a public sanitary sewer main from W. 44" Avenue
into the development to service the individual buildings. The mainline extension will be required to be public and either
within public ROW or a dedicated District easement. If a service line crosses property not owned by the building owner,
an easement must be obtained to show authority to place the service in that alignment.
It appears the property may be serviced by gravity flow; however, the homeowner/developer is responsible for
determining depths of the existing sanitary sewer main to verify if gravity flow is feasible or if a private individual
sewage ejector (lift station) is required. The issuance of a sewer tap permit by the District does not in any way
guarantee that the property can be served by gravity flow.
Certified design documentation indicating the amount of flow that each unit will contribute to the sanitary system is
required to initially evaluate if the existing sanitary sewer system has sufficient downstream capacity. Depending on
values of anticipated flow, the Owner/Developer may be required to evaluate downstream sanitary mainline capacity
to show the anticipated peak flows can be accommodated by the existing main.
Plans and Costs
A plan set including site design and utilities are to be submitted to the District for review prior to acceptance. An
engineering review fee will be collected for review of the site design and must be provided when plans are submitted.
All costs involved are to be deposited to Martin/Martin prior to beginning the review — reviews, design, contract
development, construction, observation and inspections — and are the responsibility of the Owner/Developer. Please
be aware that proper tap and development fees are required to be paid prior to connection to the District main. For
MARTIN/MARTIN, INC.
12499 WEST COLFAX AVENUE
LAKEWOOD, COLORADO 80215
MAIN 303.431.6100
MARTINMARTIN.COM
03/03/16 THU 14:46 FAX 303 424 0828 VALLEY WATER DIS 0 001
VALLEY WATER DISTRICT
12101 Wl"w+T 52ND AVENUF,
WHFAT RIDGE, COI .ORADO8M.33
TEt Fr! a )N 1; 303-424-9661
FAX ?;03-424-0828
March 3, 2016
Lauren Mikulak
,Senior Planner
City cif Wheat Ridge
7.500 W. 29'h Avenue
Wheat Ridge, CO 50033
Dear Lauren:
In reference to Case No. WZ-16-02, Fruitdale Zone Change, the Valley Water District
has reviewed the inquiry and has no concerns with the proposed zone change, however
the following items apply:
1. Valley Water District can provide water service to the proposed project subject to
Valley Water District rules and regulations and Denver Water Department rules and
regulations and engineering standards,
2. Additional water main lines, fire hydrants or fire sprinkler lines may be needed to
meet Valley Water District and Arvada )Fire Protection District requirements which
would be at owner), expense.
3. If additional water main lines, fire hydrants or fire sprinkler lines are needed, the
owner would need to provide any necessary easements. All construction must be in
compliance with the terms of the easement.
4_ Each separate building structure will require a separate water tap, service line and
meter. The owner will be responsible for the cost of the taps, service lines and meter
installation.
5, The owner of the property will need to contact Valley Water District at 303424-
9661 prior to development of the project to discuss specific water system design needs.
if you have any further questions, please feel free to contact me at 3)03-4249661.
Sincc�fy,
K ticen M. Kadnuck
District Office Manager
It, 141 Cit of Community Development
"� Wheatl dge 7500 West 29th Avenue
COMMUNITY DEVELOPMENT Wheat Ridge, Colorado 80033
Ph: 303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date Mailed: March 3, 2016 Response Due: March 18, 2016
The Wheat Ridge Community Development Department has received a request for approval of a zone
change for property located at 10803 W. 441h Avenue.
No response from you will constitute having no objections or concerns regarding this proposal.
Case No.: WZ-16-02 / Fruitdale Zone Change
Request: The subject property includes the historic Fruitdale School located at 10803 W. 44`h Avenue
which is owned by the Wheat Ridge Housing Authority. The purpose of the zone change
application is to consolidate zoning on the property from Agricultural -One (A-1), Residential -
Three (R-3), and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N). The zone
change will also facilitate reuse of the property and building.
MU -N zoning allows for residential uses as well as a limited range of commercial and retail
uses. Subsequent to the zone change, the historic school is proposed to be repurposed into
16 residential apartments.
Please respond to this request in writing regarding your ability to serve the property. Please specify
any new infrastructure needed or improvements to existing infrastructure that will be required. Include
any easements that will be essential to serve the property as a result of this development. Please
detail the requirements for development in respect to your rules and regulations. If you need further
clarification, contact the case manager:
Case Manager: Lauren Mikulak, Senior Planner
Phone: 303.235.2845 Email: lmikulak(a-)ci.wheatridge.co.us Fax: 303.235.2845
DISTRIBUTION:
Wheat Ridge Public Works
Valley Water District
Fruitdale Sanitation District
Arvada Fire District
Xcel Energy
Century Link
Comcast Cable
Vicinity Map
The subject site is outlined in blue in the image below.
/ �V, City of
'�WheatR,jge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
NEIGHBORHOOD MEETING NOTES
Meeting Date: March 1, 2016
Attending Staff: Meredith Reckert, Senior Planner
Lauren Mikulak, staff liaison to the Wheat Ridge Housing
Authority
Location of Meeting:
Property Address:
Property, Owner(s):
Property Ov*,ner(s) Present?
Applicant:
Applicant Present?
Existing Zoning:
Existing Comp. Plan:
Existing Site Conditions:
Wheat Ridge Municipal Building
Police Training Room
7500 W. 29`" Avenue
Wheat Ridge, CO 80033
10803 W. 44`h Avenue
Wheat Ridge Housing Authority
Yes
Wheat Ridge Housing Authority
Yes
Commercial -One, Residential -Three (R-3) and Agricultural -
One (A-1)
Neighborhood Commercial Corridor
The site is located at 10803 W. 44`h Avenue, on the north side of W. 44`h Avenue between Parfet St. and
Moore Ct. The subject site is currently zoned Agricultural -One (A-1), Residential -Three (R-3), and
Commercial -One (C-1) and is 171,205 square feet or 3.93 acres in size consisting of several unplatted
parcels.
Surrounding properties include a variety of land uses. Immediately to the east and north is the Anderson
Preschool facility, owned and operated by the Jefferson County School District. Along W. 44`h Avenue
corridor are properties zoned C-1, Restricted Commercial (R -Q, Residential -Three (R-3), Residential -
Two (R-2) and A-1. The uses on the corridor vary, with multi -family residential properties, numerous
commercial businesses, a few scattered single family homes, and a church. To the north of the property
and the Anderson Preschool is residential development, with both multi -family buildings and duplexes.
The subject property has roughly 196 feet of street frontage along W. 44`h Avenue, with a curb cut near
the center, roughly 24 feet in width. The property contains two structures. The first is a house along the
www.ci.wheatridge.co.us
western property line near the front, approximately 1,100 square feet in size. The second is the old
Fruitdale School building which has not been used since 2007. The school structure which was built in
1927, is located toward the rear of the property with a single story addition on the west side constructed
in the 1950s. The City of Wheat Ridge Housing Authority acquired the property in 2012 from the
Jefferson County School District.
Currently, a playground for the preschool is located on property owned by the Housing Authority. The
school district and the Housing Authority are currently discussing a land swap, which will deed the land
containing the playground to the school district, and the school district will deed a vacant portion of the
western rear of their property to the Housing Authority.
The Fruitdale School building is located at 10803 W. 44th Avenue and is currently owned by the Wheat
Ridge Housing Authority (WRHA). The property was deeded to the Jefferson County School District in
1883 and the first school was built on the site in 1884. This original building was destroyed by fire in
the 1920s, after which noted Denver architect and developer Temple Buell designed the existing red
brick school building in 1927. Additions on both sides of the building were constructed in the 1950s
and the facility served as a public school until 2007. The school building is on the state and national
registries for historic buildings.
Applicant/O,vti,ner Preliminary Proposal:
The applicant is requesting a zone change from Agricultural -One (A-1), Residential -Three (R-3), and
Commercial -One (C-1) to Mixed Use- Neighborhood (MU -N). The purpose of the zone change is to
consolidate zoning on the site and to prepare it for redevelopment opportunities. The MU -N zoning
allows a variety of residential, commercial and civic land uses.
Currently, the Authority is working with a developer partner who is proposing reuse of the existing
structures for the purpose of creating 16 loft style apartments. The developer, Hartman Ely Investments
(HEI) is currently under contract to purchase the property and closing is anticipated in the summer of
2016.
The MU -N zoning is flexible enough to accommodate HEI's residential reuse proposal, but would also
be appropriate for most future development if, for some reason, HEI does not move forward. MU -N is
also an appropriate zone district for this location. This zone district is generally located along
neighborhood main streets, such as W. 44`h Avenue, because it allows for residential uses as well as a
limited range of commercial and retail uses.
Attendance from the neighborhood:
• In addition to staff and the applicant, three members of the Wheat Ridge Housing Authority (Janice
Thompson, Chad Harr, Jennifer Walter) and five members of the public were in attendance at the
meeting.
• Three of those attending own and operate a car repair facility located on the immediately to the west
which has C-1 and R-3 zoning (Phil Romero and Gil and Jean Romero)
• The fourth attendee, Tracy Langworthy, lives in the townhouse development west of the car repair
facility (1 1913 — 10951 W. 44`h Avenue). Ms. Langworthy is a former City Council representative
from District IV and WRHA member.
• Jim Hartman the potential developer in negotiations with the WRHA for modification of the building
into 16 residential dwelling units.
The following is a summary of the neighborhood meeting:
• Staff explained the site conditions, zoning on the property and in the neighborhood, and the reason
for the rezoning request.
• The applicant explained the reason for the zoning change and a proposed redevelopment scenario for
the property.
• The attendees were informed of the process for a zone change.
• The attendees were informed of their opportunity to make comments during the process and at the
public hearings.
The following issues were discussed regarding the zone change request and proposed development:
If the property is rezoned and repurposed, will the school building be demolished? No.
What about the small house in front — will it be kept? Under the current plan, the small house on the
front portion of the property will remain and be refurbished.
Will the zone change impact the zoning on adjacent property? No, this zone change will only impact the
Fruitdale school property.
Will the zone change impact property values in the area? The Jefferson County Assessor's office bases
property assessments on use rather than zoning. Improvements on the school site will most likely have a
positive impact on property values and could serve as a catalyst for other other property investment
along the 44`h Avenue corridor.
Are there any specific plans for the property? The WRHA is currently under contract with a developer
who would remodel the inside of the building for 16 residential dwelling units — these may be a mix of
low -to — moderate income units and some market -rate units.
Has the WRHA had any feedback from the Wheat Ridge Historical Society? Not recently.
No written correspondence was received regarding the neighborhood meeting notice.
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Zone Change Process
Step 1:
Pre -application Meeting
Step 2:— — -
Neighborhood Meeting
Step 3:
Submit Complete Application
Step 4:
Staff Review, Referral
(Typically 15 days)
Step 5:
Comments to Applicant
Changes Necessary?
yes I I No
Step 6:
Publish Request/Post Property for
Planning Commission Public Hearing
(15 days prior to public hearing)
Step 7:
Staff Report for
Planning Commission Public Hearing
Step 9:
Packet to City Council for 1st Reading
Step 11:
Resubmit Relevant Documents
(Based on Planning Commission
recommendation, if necessary)
Step 12:
Publish Request/Post Property for
City Council Public Hearing
(15 days prior to public hearing)
Step 13:
Packet to City Council for Public Hearing
City of
� Wheat R v e
"OMITY DEVELOPMENT
MUN
10803 W. 44th Avenue (Fruitdale School)
Proposed zone change from Agricultural -One (A-1),
Residential -Three (R-3), and Commercial -One (C-1) to Mixed Use -
Neighborhood (MU -N)
City of
�W heat�idge
MUNlTy DEVELOPMENT
Zone Change Criteria
For a zone change request, the Planning
Commission and City Council base their
decision on the extent to which the
following criteria have been met:
1. The change of zone promotes the
health, safety, and general welfare of
the community and will not result in a
significant adverse effect on the
surrounding area; and
Adequate infrastructure/facilities are
available to serve the types of uses
allowed by the change of zone, or the
applicant will upgrade and provide
such where they do not exist or are
under capacity; and
3. At least one (1) of the following
conditions exists:
The change of zone is in
conformance, or will bring the
property into conformance with,
the City of Wheat Ridge
comprehensive plan goals,
objectives and policies, and
other city -approved policies or
plans for the area.
b. The existing zone classification
currently recorded on the official
zoning maps of the City of Wheat
Ridge is in error.
A change of character in the
area has occurred or is occurring
to such a degree that it is in the
public interest to encourage
redevelopment of the area or to
recognize the changing
character of the area.
d. The proposed rezoning is
necessary in order to provide for
a community need that was not
anticipated at the time of the
adoption of the City of Wheat
Ridge comprehensive plan.
What is zoning?
All properties within the City of Wheat Ridge are zoned. Zoning regulates
what land uses are allowed and establishes standards for construction
including building setbacks, lot coverage, and building height.
There are many different zone districts within the City including residential,
commercial, industrial, mixed use, and planned development zoning.
What is a zone change?
A zone change is the process of changing the current zone district to a
different zone district. A property owner may choose to change the zoning
to use his property differently from what the existing zoning allows (e.g.,
residential vs. commercial).
All proposed commercial, industrial and residential applications for property
exceeding one acre in size must be rezoned to a planned development
district.
Why is a neighborhood meeting required?
A neighborhood meeting is required for all zone change requests. The
purpose of the meeting is to provide the opportunity for citizens to become
aware of the proposed development in their neighborhood, and to allow the
developer to respond to citizen concerns regarding the proposed project. All
residents within 600 feet are notified of the meeting.
How do I give my opinion on a zone change?
All public hearings for proposed zone changes are open to the public to
appear and give testimony. Testimony can include written correspondence
or a statement made at the public hearing. Any written correspondence
provided to staff will be forwarded to the Planning Commission and City
Council as part of the evidence of the case. All pertinent correspondence
should be routed through planning staff.
Can I contact my council representative?
Public hearings for zone changes are quasi-judicial in nature. This means
that the deciding body should make a decision only based on testimony
presented at public hearings. Please do not contact the Mayor, Planning
Commissioners, or City Council representatives to discuss the merits of the
case prior to the public hearings; it could jeopardize their ability to hear the
case.
What is a legal protest?
A legal protest is a formal, written protest which can be submitted by
adjacent property owners within 100' of a subject property. If 20% of
property owners on one side within a 100' radius file a legal protest, it
requires a three-fourths vote of City Council (6 out of 8 members present) to
approve a zone change instead of a simple majority (5 out of 8 members
present). A legal protest is usually filed after the Planning Commission
public hearing.
Community Development Department • 303-235-2846 - www.ci.wheatridge.co.us
I*�A(
1W Ir City of
Wh6a-tlidge
IT
COMMUNY DEVELOPMENT
Wheat Ridge Community Development Department
PRE -APPLICATION MEETING SUMMARY
Meeting Date: July 30, 2015
Applicants: City of Wheat Ridge Housing Authority
Kenneth Johnstone, Executive Director
7500 W. 29'h Avenue
Wheat Ridge, CO 80033
James Hartman
Phone: 720-333-0110
2120 Bluebell Avenue
Boulder, CO 80302
Email: iim(&hartmanelyinvestments com
Susan Ely
Phone: 303-507-2553
2120 Bluebell Avenue
Boulder, CO 80302
Email: susan(aDhartmanelyinvestments com
Attending Staff: Meredith Reckert, Senior Planner
Lauren Mikulak, Senior Planner
Lisa Ritchie, Planner I1
Dave Brossman, Development Review Engineer
Steve Art, Economic Development Manager
Specific Site Location: 10803 W. 44°i Avenue
Existing Zoning: Residential -Three (R-3), Commercial -One (C-1), and Agriculture -One
(A-1)
Existing Comp. Plan: Neighborhood Commercial Corridor
Existing Site Conditions:
The site is located at 10803 W. 44`' Avenue, on the north side of W. 44`h Avenue between Parfet St.
and Moore Ct. According to the Jefferson County Assessor, the property is 1.82 acres in size,
consisting of several unplatted parcels.
Surrounding properties include a variety of land uses. Immediately to the east and north is the
Anderson Preschool facility, owned and operated by the Jefferson County School District. Along W.
44th Avenue corridor are properties zoned C-1, Restricted Commercial (R -C), Residential -Three (R-3),
Residential -Two (R-2) and A-1. The uses on the corridor vary, with multi -family residential
properties, numerous commercial businesses, a few scattered single family homes, and a church. To
the north of the property and the Anderson Preschool is residential development, with both multi-
family buildings and duplexes.
The subject property has roughly 196 feet of street frontage along W. 40 Avenue, with a curb cut
near the center, roughly 24 feet in width. The property contains two structures. The first is a house
along the western property line near the front, approximately 1,100 square feet in size. The second is
an abandoned brick school located toward the rear of the property and constructed in 1927, with a
single story addition on the west side constructed in the 1950s. The City of Wheat Ridge Housing
Authority acquired the property in 2012 from the Jefferson County School District.
The subject property and the adjacent Jefferson County School District property are unplatted.
Currently, a playground for the preschool is located on property owned by the Housing Authority.
The school district and the Housing Authority are currently discussing a land swap, which will deed
the land containing the playground to the school district, and the school district will deed a vacant
portion of the western rear of their property to the Housing Authority.
ApplicanVOwner Preliminary Proposal:
The applicant is proposing a multi -phase development. This pre -app summary addresses only the first
phase of development and the associated review processes.
An initial action that is proposed by the Housing Authority is an administrative adjustment to the
zoning on the portion of the property zoned C-1 and R-3. This will result in a C-1 zoning on the
portion of the property that contains the school.
Additionally, as noted above, a land swap between Jefferson County School District and the Housing
Authority is proposed. The Housing Authority will deed to the school district an area in the northeast
corner of their property approximately 4,600 square feet in size that contains a portion of the
preschool's playground. In exchange, the school district will deed to the Housing Authority a vacant
area on the northwest corner of their property roughly 13,650 square feet in size.
Once, the land swap is complete, the Housing Authority will apply for a major or minor plat, to be
determined as land records for the property are identified, in order to consolidate the parcels into one
lot. Along the northern boundary of the property, a 15' foot wide ingress/egress emergency access
easement will be platted that connects W. 44th Place with the school district property.
Following these actions, the property owned by the Housing Authority will be purchased by the
Hartman Ely Investments, LLC and developed in multiple phases. The first phase of their proposal
currently includes minor site improvements in order to operate the Fruitdale Artisinal Meat Company.
The operation will be located in the 1950s portion of the school in the former gym, cafeteria and
kitchen. They will produce fresh sausage, deli meats, dry-cured/aged salami and other charcuterie,
custom grind hamburger and other custom cuts of meat, all prepared from local animals that are
butchered and processed off-site at other locations. Sales will primarily be wholesale. In addition, an
2
educational component is proposed that includes butchery classes, a charcuterie school, and farm to
table dinners.
The proposed site improvements for this phase include new paving, attention to the existing
landscaping, a new perimeter fence, the addition of a loading dock, and interior improvements to the
1950s portion of the building. During this phase, the 1920s portion of the building will remain vacant
and unimproved. A building permit(s) will be required to complete this phase.
Future phases are anticipated to include improvements to the site, including an orchard, greenhouses,
improvements to the 1920s portion of the school to include apartments and a small retail storefront.
Prior to any additional phases, another pre -application meeting will be necessary to discuss zoning,
site design, other considerations, and the required process.
Planning comments:
The following items were discussed based on the applicant's proposal:
Zoning
An administrative adjustment to the R-3 zoning area to C-1 zoning will allow the land uses permitted
in the C-1 zone to be used in entire school building. This is permitted by Section 26-119.E of the
municipal code in instances where there is more than one zone district on a property. As C-1 zoning is
the majority zone, the zone district boundary will not be adjusted greater than 50 feet to the north, and
the action is consistent with and does not violate any rules and regulations of the City, this can occur
under the process described in detail below.
Subdivision
To consolidate the property, a minor or major plat shall be prepared by a licensed surveyor. This plat
should show the removal of existing lot lines and will delineate any new or existing easements and
dedications on the property. The subdivision process is described in detail below. This process may
occur in conjunction with the administrative zoning adjustment.
Public Works comments:
The following items were discussed based on the applicant's proposal:
Site drainage requirements are based on the area of disturbance created by new development. Any
disturbance below 3,000 square feet does not trigger any drainage requirement. Disturbance between
3,000 and 10,000 square feet requires water quality facilities, and disturbance over 10,000 requires
detention and water quality. Maintenance of existing impervious surface/parking areas do not affect
drainage requirements. The first phase as proposed does not appear to trigger any drainage
requirements.
For more information, please refer to the Site Drainage Requirements available on the City's website
(httn://www.ci.wheatridp-e.co.us/64/Development-Review) or contact Dave Brossman in the Public
Works Department.
Building Division comments:
The building division was not present and has no comments at this time.
3
Process
This request will require approval of an administrative zoning adjustment, a subdivision plat and a
building permit(s). The first two will be applied for by the Housing Authority, and the building
permits will be applied for by Hartman Ely Investments, LLC.
Will a neighborhood meeting need to be held prior to application submittal?
No, a neighborhood meeting is not required prior to approval of an administrative zoning adjustment,
a subdivision plat or a building permit.
Administrative Zoning Adjustment
The first action will be the administrative zoning adjustment. The application will be made by the
Housing Authority to the Community Development Director. Community Development staff will
notify adjacent property owners by letter and will post the property for at least ten days prior to
rendering a decision. If no valid objections are received during the ten day period, the director will
initiate the adjustment. If an appeal to the decision is filed, the city council shall conduct a properly
noticed public hearing on the appeal.
Subdivision
A subdivision application will be made by the Housing Authority. Once property records identify the
number of parcels on the property, it will be determined whether the application will qualify as a
minor plat or a major plat. When the applicant is ready to submit the subdivision application, an
appointment with a planner in the Community Development Department is required. Incomplete
applications will not be accepted.
Upon submittal of the subdivision application, the assigned staff will review the project and will refer
it to affected service agencies (Xcel Energy, water district, sewer district, etc.) and other City agencies
(Public Works, Building Division, etc.) for comment. After a 15 -day referral period, the case manager
will forward all comments to the applicant.
Modifications to the subdivision plat may be required as a result of these comments. The applicant
must address all comments and resubmit relevant documents. This may occur several times before
scheduling a public hearing.
After all comments have been addressed, a public hearing before Planning Commission will be
scheduled. If the plat is a major plat, the Planning Commission will make a recommendation of
approval, approval with conditions or denial. The public hearing procedure is replicated before City
Council for final approval. If the plat is a minor plat, the Planning Commission will be the decision
making body for final approval. Once approved, a blackline mylar copy of the plat must be recorded
with the Jefferson County Clerk and Recorder.
Utility Providers
The City of Wheat Ridge is not a full-service city
include:
• Valley Water, phone: 303-424-9661
• Fruitdale Sanitation, phone: 303-424-5476
• Arvada Fire, phone: 303-424-3012
The utility and service providers for this property
4
All land use applications will be sent on referral to these agencies for comment; however staff
encourages potential applicants to contact service districts ahead of time. This may help to understand
any design or infrastructure requirements and potential costs associated with the proposed project.
Please be aware that the above comments are for general information purposes only. Staff cannot
predict the outcome of any land use development application. A favorable response from staff does
not obligate any decision-making body (Community Development Director, Public Works Director,
Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice
available given existing regulations, current policy, political climate and information submitted.
Attachments: Subdivision Process Guide, Subdivision Application Checklist
Phone Numbers
Meredith Reckert — Senior Planner 303-235-2848
Lauren Mikulak — Senior Planner 303-235-2845
Lisa Ritchie — Planner II 303-235-2852
Dave Brossman — Development Review Engineer 303-235-2864
Mark Westberg — Projects Supervisor 303-235-2863
'-A�
WR"A
Wheat Ridge Housing Authority
7500 W. 29`h Ave.
Wheat Ridge, CO
303-235-2846
March 2, 2016
Please find enclosed a complete land use application for the purpose of rezoning property at
10803 W. 44`h Avenue. The purpose of the zone change application is to consolidate zoning
from Agricultural -One (A-1), Residential -Three (R-3), and Commercial -One (C-1) to
Mixed Use -Neighborhood (MU -N) and to facilitate reuse of the property and building.
Background
The Fruitdale School building is located at 10803 W. 44th Avenue and is currently owned by the
Wheat Ridge Housing Authority (WHRA). The property was deeded to the Jefferson County
School District in 1883 and the first school was built on the site in 1884. This original building
was destroyed by fire in the 1920s, after which noted Denver architect and developer Temple
Buell designed the existing red brick school building in 1927. Additions on both sides of the
building were constructed in the 1950s and the facility served as a public school until 2007.
Enclosed is a timeline of events that have occurred since 2007, but in brief WRHA purchased the
property in 2011 from Jeffco Schools and has been seeking a viable reuse of the property since
that time.
Zone Change Request
The subject site is currently zoned Agricultural -One (A-1), Residential -Three (R-3), and
Commercial -One (C-1) and is 171,205 square feet or 3.93 acres in size. A concurrent
subdivision application will consolidate existing parcels resulting in the 3.93 -acre subject lot.
The Authority has long been aware that the property would likely need to be rezoned in order to
facilitate a redevelopment. Until now, it would have been premature for the Authority to
speculatively rezone the property. Some uses (such as a school) would not have required a zone
change, and other uses would have required a specific zoning designation or planned
development.
Currently, the Authority is working with a developer partner who is proposing reuse of the
existing structures for the purpose of creating 16 loft style apartments. The developer, Hartman
Ely Investments (HEI) is currently under contract to purchase the property and closing is
anticipated in the summer of 2016.
The MU -N zoning is flexible enough to accommodate HEI's residential reuse proposal, but
would also be appropriate for most future development if, for some reason, HEI does not move
forward. MU -N is an appropriate zone district for this location. This zone district is generally
located along neighborhood main streets, such as 4411' Avenue, because it allows for residential
uses as well as a limited range of commercial and retail uses.
Other Considerations
The historic school does not currently have any utility connections. Because the building was
previously expected to be demolished after it was decommissioned by the school district, all
utilities were disconnected and transferred to the neighboring preschool when it was built in
2007. A developer would be responsible for reinstating utility services.
This image is an excerpt from the City's zoning map which shows that the Fruitdale School
property includes three different zoning designations. The subject property is outlined in blue
and is proposed to be rezoned to MU -N.
Fruitdale School Timeline
For background reference, listed below is a timeline of events that have occurred since 2007
including the purchase of the school by WRHA and the many attempts to identify a viable end
use.
• Fall 2007 – Fruitdale is decommissioned as a school in 2007 when the new Norma
Anderson Preschool opens on the adjacent property. The east addition of Fruitdale is
demolished to accommodate the preschool. Utilities to Fruitdale are disconnected and
transferred to the new preschool, and the historic building becomes vacant.
• Spring 2008 – Jeffco Schools issues an RFP to solicit proposals for the possible sale of
the building. WRHA decides to submit a proposal for renovation of the school into
residential units.
• April 2008 – WRHA retains Entasis Group to complete a cost estimate for a possible
residential reuse of Fruitdale. WRHA pays Entasis $22,000 to develop conceptual plans
and work specifications. Entasis completes a proposal to renovate the building into
residential lofts; the cost for renovation is estimated at nearly $1.7 million for an average
cost of $188,000 per unit for nine units.
• Fall 2008 – After exploring financing options, WRHA decides a residential reuse of
Fruitdale is not feasible because of the financing requirements associated with
multifamily development. The WRHA notifies Jeffco Schools that the project is no
longer considered feasible and the proposal is withdrawn.
• Summer 2010 – The Fruitdale building has remained vacant for three years, and Jeffco
Schools contacts Wheat Ridge to see if the City or Housing Authority would like to
reconsider purchasing the property before demolition plans are finalized.
• July 2010 – WRHA decides to commission a more detailed market analysis to assess the
viability of converting the Fruitdale School into residential units.
• October 2010 – A market analysis is completed by The Genesis Group for a fee of
$4,000. The analysis considers for -sale and for -lease residential units. The results of the
analysis again indicate that a residential reuse is not financially viable, particularly given
the current economic and multifamily housing conditions. The Housing Authority
decides again not to pursue acquisition of Fruitdale.
• November 2010 – WRHA sends a letter to Jeffco Schools indicating they are not
interested in purchasing the building.
• February 2011 – The school district prepares the building for demolition. The Mayor,
with support from Colorado Preservation Inc. (CPI) staff, approaches Jeffco Schools
about the possibility of WRHA purchasing the building to save it from demolition.
• April 2011 – After several months of negotiation, the Housing Authority ultimately
purchases Fruitdale School for $112,000—the same price which Jeffco Schools had
already paid for environmental remediation in preparation for demolition. A portion of
the new preschool's playground remains on the land deeded to WRHA.
• Fall 2011 — The interior of the school has deteriorated because of a lack of climate
control and a leaking roof during the four years of sitting vacant. WRHA decides to
install a new roof, and the building is weatherized for a cost of $110,000.
• Spring 2012 — Based on an application submitted by CPI, a $15,000 non-matching grant
is received from the State Historic Fund (SHF) for completion of a Historic Structure
Assessment (HSA). Slaterpaull Architects is hired to prepare the HSA.
• December 2012 — The HSA is completed and identifies $2.2 million in deficiencies; these
would need to be addressed simply to make the building habitable, without any major
interior changes to the building configuration or tenant finish work.
• Spring 2013 — WRHA applies for and receives a second SHF grant in the amount of
$43,000. This includes a required 25% match of $11,000 from WRHA, and allows for
the preparation of construction documents as identified in the HSA.
• March 2013 — After applying for historical landmark designation, Fruitdale School is
approved to be included on the National Register of Historic Places and the Colorado
State Register of Historic Properties.
• December 2013 — WRHA retains Butler Burgher Group to complete a valuation and
market analysis that explores possible reuse options (condos, apartments, office, retail,
industrial, etc.) and quantifies the feasibility of each. The market study assumes that
deferred maintenance ($2.2 million) has already been addressed and considers the
renovation costs and stabilized values for each type of land use. The market study
concludes that no specific land use is considered a "highest and best use," and any
potential reuse would likely have a funding gap of $1.5 to $1.75 million dollars. If
redevelopment is desired, the study recommends a partnership with the City.
Alternatively, it recommends demolition as the most objective, financially feasible
option, although this too would be at a loss given the land value is less than the combined
costs of demolition and the Authority's investment to date.
• March 2014 — WRHA publishes a Request for Interest (RFI) to solicit reuse proposals
from the development community.
• July 2014 — Three proposals are received in response to the RFI, and the Housing
Authority selects a proposal from Mountain Phoenix Charter School for an expansion of
their charter school into Fruitdale. A purchase and sale agreement is executed in
October.
• January 2015 — After several months of due diligence, the charter school terminates the
purchase and sale agreement.
• February 2015 — The Housing Authority offers another RFI respondent, Hartman Ely
Investments (HEI), an opportunity to present their redevelopment proposal.
• April 2015 — HEI presents a preliminary reuse proposal to WRHA and is granted an
exclusive four-month period to conduct due diligence.
• November 2015 — WRHA and HEI execute a Purchase and Sale Agreement.
• November 24, 2015 — WRHA passes a motion authorizing their financial participation in
the amount of a $170,000 grant and a $400,000 loan.
• February 22, 2016 — City approves development agreement authorizing their financial
participation in the amount of a $470,000 grant and a $1.9 million short term loan.
1*�A4
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COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
NOTICE TO MINERAL ESTATE OWNERS
APPLICANTS: You must submit this completed form to the Community Development Department no later
than ten (10) days before the public hearing on your application. Failure to complete and submit this
Certification of Notice shall constitute sufficient grounds to reschedule your public hearing.
I,
(Print name)
as
(Position/Job Title)
of/with
(Entity applying for permit/approval)
(hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for
(Describe type of application)
set for public hearing on
20_, has been sent to all mineral estate owners at least thirty (30) days
before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records
of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion
of the property subject to the above referenced application.
-OR-
Check here if there are no mineral estate owners of any portion of the subject property.
I hereby further certify that I am authorized by the Applicant to make representations contained herein and
act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these
representations by my signature below.
Dated this 3 day of , 20 1_?,
By:
_ City Of
W heat Ijdge
COMMUNITY DEVELOPMENT
Memorandum
TO: Potential Land Use Applicants
FROM: Ken Johnstone, Community Development Director
DATE: October 16, 2012
SUBJECT: Notification of Surface Development (C.R.S. §31-23-215 and §24-65.5)
In 2001, the Colorado Revised Statutes were amended to include an Article which addresses
mineral rights in respect to land use applications. This Article states that any application for
development must be accompanied by a completed notification to mineral estate owners. For the
purposes of this requirement, an application for development includes any application which
requires non -administrative approval from Planning Commission or City Council, including:
• A Final Subdivision Plat
• A Rezoning (including Planned Developments)
• A Special Use Permit (if City Council approval is required)
Building Permit applications are not considered an application for development, therefore
mineral estate owners do not need to be noticed.
A Certificate of Notice is attached, and must be completed and returned to the Community
Development Department no later than ten (10) days prior to each public hearing. Both Planning
Commission and City Council hearings must be noticed. It is the responsibility of the applicant,
not the City, to notify any mineral estate owners prior to public hearing. Failure to notice will
constitute sufficient grounds to reschedule the public hearing.
If there are no mineral estate owners, the appropriate box on the certification can be checked and
the certification can be submitted with the development application.
CORRECTION BARGAIN AND SALE DEED
THIS DEED IS FILED TO CORRECT THE PREVIOUSLY SUBMITTED
LEGAL DESCRIPTION ON THE BARGAIN AND SALE DEED
RECORDED WITH THE JEFFERSON COUNTY CLERK AND RECORDER
ON APRIL 25, 2011 AT RECEPTION #2011041029.
KNOW ALL BY THESE PRESENTS, That JEFFERSON COUNTY SCHOOL
DISTRICT R- 1. the "Grantor," whose legal address is 1829 Denver West Drive
#27, Golden, Colorado 80401, County of Jefferson and State of Colorado,
for the consideration of the sum of ONE HUNDRED TWELVE THOUSAND SIX HUNDRED FORTY-FIVE AND
00/00 DOLLARS ($1 12,645.00). in hand paid, hereby sells and conveys to WHEAT RIDGE HOUSING AUTHORITY,
the "Grantee," whose legal address is 7500 West 38th Avenue. Wheat Ridge. Colorado 80033 of the County of Jefferson
and State of Colorado, the following real property situate in the County of Jefferson and State of Colorado. to wit:
A PARCEL OF LAND SITUATED IN THE NORTH 112 OF SECTION 21, TWP. 3 SOUTH, RANGE 69 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO;
BEGINNING AT A POINT ON THE NORTH LINE OF THAT CERTAIN PROPERTY DESCRIBED IN RECEPTION
NO. 86049897 BEING THE NORTHERLY RIGHT OF WAY LINE OF WEST 44TH AVENUE. SAID POINT ALSO
LYING 642.56' NORTH OF THE CENTER OF SAID SECTION 21 ON THE N/S CENTERLINE OF SAID SECTION
21, SAID POINT BEING THE POINT OF BEGINNING; THENCE N.89"34'27"W.ALONG SAID NORTH LINE, A
DISTANCE OF 99.01 FEET TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF THAT CERTAIN
PROPERTY DESCRIBED IN BOOK 9, PAGE 451; THENCE N.00° 18'35"W ALONG THE SAID WEST LINE AND
ITS SOUTHERLY EXTENSION, A DISTANCE OF 261.17 FEET TO THE NORTHWEST CORNER OF SAID
PROPERTY; THENCE N.89°41'25"E. ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 198.00
FEET TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE S.00° 18'35 "E. ALONG THE EASTERLY
LINE OF SAID PROPERTY AND ITS SOUTHERLY EXTENSION, A DISTANCE OF 263.36 FEET TO THE
NORTH LINE OF THAT CERTAIN PROPERTY DESCRIBED IN RECEPTION NO. 86049897; THENCE
N.89°46'46'W. ALONG SAID NORTH LINE, A DISTANCE OF 99.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 51,946.36 SQUARE FEET OR 1.1925 ACRES, MORE OR LESS.
THE BASIS OF BEARINGS FOR THE ABOVE DESCRIBED PARCEL OF LAND IS PLATTED ON FRUITDALE
PATIO HOMES TO BE N.00'09'23"W FROM THE EAST 1/4 OF SECTION 21, TWR 3 SOUTH, RANGE 69 WEST
OF THE 6TH PM TO THE NORTHEAST CORNER OF SAID SECTION, SAID EAST 1/4 BEING A 3 1/4' BRASS
CAP AND POST SET IN RANGE BOX STAMPED LS 13212 PER THE MONUMENT RECORD AND THE NE
CORNER BEING STAMPED LS 13212 1984 PER THE MONUMENT RECORD.
with all its appurtenances.
Signed this 100 day of(�J' TL , 20J
JEFFERSON COUNTY SCHOOL DISTRICT' R- I
A w Vlw
By: Cheryl H ann, Executive Director of Facilities
STATE OF COLORADO )
ss.
County of lefferson )
The foregoing instrument was acknowledged before me this 10 day of , 20 E, by Cheryl
Humane as Executive Director of Facilities for Jefferson County School District R- 1.
Witness my hand and official
My commission expires: al
3,P HAYD-
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.a28 -44664W 1, r. t
No. 901. Rev. 1-06. BARGAIN AND SAIF. DEF.n (Pate 1 of 1)
Public
BSD 2012138009
12/21/2012 11:51:19 AM 3 page(s)
Jefferson County, Colorado
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EXHIBIT "A"
LOCATED IN THE NORTH HALF OF SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 1 OF 2
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH -SOUTH CENTERLINE OF THE NORTH HALF OF SECTION 21 TO BEAR NORTH
00'18'33" WEST, A DISTANCE OF 2645.89 FEET BETWEEN A FOUND 3-1/4" BRASS CAP, MARKED "CITY
OF WHEAT RIDGE, SURVEY MONUMENT, C1/4, S21, T3S, R69W, 1984, LS 13212" IN RANGE BOX AND A
FOUND 3-1/4" BRASS CAP, MARKED "CITY OF WHEAT RIDGE, SURVEY MONUMENT, 1/4, S16/S21, T3S,
R69W, 1984, LS 13212" IN RANGE BOX, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION; THENCE SOUTH 00'18'33" EAST,
ALONG WEST LINE OF THE NORTHEAST/Q'
ORTHEAST QUARTER OF SAID SECTION, A DISTANCE OF 1600.70 FEET TO A
POINT ON THE NORTH LINE OF LOT 14 FRUITDALE PATIO HOMES SUBDIVISION, DESCRIBED IN RECEPTION
NO. 93180748, DATED NOVEMBER 3,993, RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER,
SAID POINT BEING THE POINT OF BE NTNG; THENCE NORTH 89'31'09" EAST ALONG SAID NORTH LINE,
A DISTANCE OF 11.06 FEET; THENCE SOUTH 00'18'34" EAST, A DISTANCE OF 140.24 FEET TO A POINT
ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO. 2012138009, DATED DEPARTING SAID
DECEMBER 21, 2015, RECORDED AT JEFFERSON COUNTY CLERK AND RECORDER; THENCE SOUT NORTH LINE
89'46'58" EAST ALONG SAID NORTH LINE, A DISTANCE OF 36.36 FEET; THENCE OUTH 00'18'40" EAST,
A DISTANCE OF 89.92 FEET; THENCE NORTH 90'00'00" EAST, A DISTANCE OF 51.64 FEET TO A POINT
ON THE EAST LINE OF SAID PARCEL; THENCE SOUTH 00'18'40" EAST, ALONG SAID EAST LINE, A
DISTANCE OF 172.70 FEET TO THE NORTH RIGHT OF WAY LINE OF WEST 44TH AVENUE; THENCE NORTH
89'53'18" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 198.00 FEET TO THE WEST
LINE OF SAID PARCEL; THENCE NORTH 00'18'41" WEST, ALONG SAID WEST LINE, A DISTANCE OF 262.43
FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTH 00'18'34" WEST, ALONG THE WEST
LINE OF SAID LOT, A DISTANCE OF 139.26 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE
NORTH 89'31'09" EAST, ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 98.94 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 62,708 SQ.FT. OR 1.4396 ACRES, MORE OR LESS.
I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE
FOR AND ON BEHALF OF FLATIRONS, INC., THAT THIS PARCEL DESCRIPTION AND ATTACHED EXHIBIT,
BEING MADE A PART THEREOF, WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AT THE
REQUEST OF THE CLIENT AND NDED TO REPRESENT A MONUMENTED LAND SURVEY OR
SUBDIVIDE LAND IN VIOLATI Q�TALT TU TE.
16416 IZ,
JOHN B. GUYTON AoF I'L�'1I �•:j��
COLORADO P.L.S. #16406 ss .,••�• ,. �� SI JOB NO. 15-66,609
CHAIRMAN/CEO, FLATIRONS, Hq� �pNO S Flatirons, Inc.
JOB NUMBER: 15-66,609
ti'urrering, Engineering & Geomalics
DRAWN BY: E. DAVIS 655 FOURTH AVE
DATE: FEBRUARY 19, 2016 LONGMONT, CO 80501
THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS PH: (303) 776-1733
NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD FAX: (303) 776-4355
INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT.
mine. IJolirons Inc. com
EXHIBIT "A"
LOCATED IN THE NORTH HALF OF SECTION 21, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 2 OF 2 NORTH 1/4 CORNER, SECTION 21
POINT OF FOUND 3-1/4" BRASS CAP, MARKED "CITY
COMMENCEMENT OF WHEAT RIDGE, SURVEY MONUMENT, 1/4,
S16/S21, T3S, R69W, 1984, LS 13212" IN
JRANGE BOX (PER MONUMENT RECORD)
I
LO 8 S0018'33"E LOT 9 LCT 10
FRUITDEkLE Pr;TIOIO•]E 1600.70' FRUIT DA' F
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W. 44TH I N89'31'09"E 98.94' P ;TIO "0 P� FS �" T 10 HOP?ES
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FOUND 1-3/4" ALUMINUM I N89'31'09"E
CAP, MARKED "WILLEY
MCKISSACK, LS 23528" I Alum. cap appears to ie east of section
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(REC. 1.C). 20;2138009)
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CENTER 1/4 CORNER, SECTION 21 W. 44TH AVENUE
C.O.W.R. POINT NO. 14309
FOUND 3-1/4" BRASS CAP, MARKED "CITY
OF WHEAT RIDGE, SURVEY MONUMENT, C
1/4, S21, T3S, R69W, 1984, LS 13212" IN
RANGE BOX (PER MONUMENT RECORD)
THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS
NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD
INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT.
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N89'53'18"W 198.00'
CENTER 1/4 CORNER, SECTION 21 W. 44TH AVENUE
C.O.W.R. POINT NO. 14309
FOUND 3-1/4" BRASS CAP, MARKED "CITY
OF WHEAT RIDGE, SURVEY MONUMENT, C
1/4, S21, T3S, R69W, 1984, LS 13212" IN
RANGE BOX (PER MONUMENT RECORD)
THIS IS NOT A "LAND SURVEY PLAT" OR "IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS
NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. RECORD
INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT.
anow as exist.
lot line.
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JOB NUMBER: 15-66,609
DRAWN BY: E. DAVIS
DATE: FEBRUARY 22, 2016
41 submitted BY AI
91 Cit of
City planner. Incomp
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be acepted—ref
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant_ Wheat Ridge Housing Authority Phone 303-235-2846 Email NA
Address, City, State, Zip 7500 W. 29th Avenue, Wheat Ridge CO 80033
Owner WRHA
Address, City, State, Zip
Phone
Email
Contact Lauren Mikulak, Staff Liaison Phone 303-235-2845 Email
Imikulakng ci.wheatridge co us
Address, City, State, Zip 7500 W. 29th Avenue, Wheat Ridge CO 80033
Quarter Section Map 21NW. 21NE
(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
communication to applicant and owner.)
for forwarding all verbal and written
Location of request (address): 10803 W. 44th Avenue
Proposed Zoning MU -N
Type of action requested (check one or more of the actions listed below which pertain to your request):
IN(Change of Zone or Zone Conditions O Special Use Permit
O Subdivision — specify type:
O Planned Development (ODP, SDP) O Conditional Use Permit
O Administrative (up to 3 lots)
O Planned Building Group O Site Plan
O Minor (4 or 5 lots)
O Temporary Use, Building, Sign O Concept Plan
O Major (6 or more lots)
O Variance/Waiver (from Section 26- O Right of Way Vacation
O Other:
Detailed description of request: Request to rezone from Agricultural -One (A-1)
Residential Three (R-3), and
Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N)
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in
filing this application, 1 am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lawfully e ac omplished. Applicants other than owners must submit power-of-attorney
from the owner which approved of t 's a ti on hi behalf.
Notarized Signature of Applicant
State of Coloraqo
County of C J& ) ss
The foregoing instrument (Land Use Processing Application) was acknowledged by me thisdday of /`'AL , 20
by /Pin /Lti/�Lt /'4k iz
No ry Public
To be filled out by staff:
Date received 3/2/2016
Comp Plan Design. Neighborhood Comm
Related Case No. MS -16-01
Assessor's Parcel No. 39-212-00-095
Size (acres or sqft) 3.93 acres
Rev 1/22/ 2016
KATHRYN A FIELD
NOTARY PUBLIC
My commission expires f % /20_y STATE OF COLORADO
t40tery ID 200',10127,10
VY Cc'..... -sign Er 051-'-7;
Fee S 0 (waived for WRHA)
Case No. WZ-16-02
Receipt No. NA
Quarter Section Map 21NW. 21NE
Pre -App Mtg. Date 7/30/2015
Case Manager
Current Zoning A-1, R-3, C-1
Current Use vacant huildinq
Proposed Zoning MU -N
Proposed Use multifamily
0