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HomeMy WebLinkAboutWZ-17-04City of co Wheat �dge UNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. July 28, 2017 Lisa and Ryan Conway 3156 W. 38' Avenue Denver, CO 80211 Dear Mr. and Mrs. Conway: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of May 18, 2017, Planning Commission recommended APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 44' Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of 441 Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. At its meeting of July 10, 2017, City Council APPROVED Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 4411 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 for 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. The approved zone change becomes effective on July 28, 2017. If you have not done so already, please remove the posting signs associated with this case from the property. You are now welcome to pull necessary building permits for the conversion of the commercial structure to a residential use. Please feel free to contact me at 303- 235-2852 if you have any questions. Sincerely, ;�� Zack Wallace Mendez Planner II Enclosure: Ordinance No. 1623 Planning Commission Minutes City Council Minutes cc: WZ-17-04 (case file) WZ 1704.doc www.ci.wheatridge.co.us r City of Wheatj�idge PLANNING COMMISSION Minutes of Meeting May 18, 2017 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 20 Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Alan Buckram Dirk Boden Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Commission Members Absent: Staff Members Present: Meredith Reckert, Senior Planner Zack Wallace Mendez, Planner II Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES — May 4, 2017 It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to approve the minutes of May 4, 2017, as written. Motion carried 8-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes - 1 May 18, 2017 Michael Corey 6417 West 29th Avenue Mr. Corey said he will be happy to finally see someone paying taxes on this property. It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Residential -Two (R-2) to Residential -One C (R -1C) for property located at 6610 West 3111 Avenue, for the following reasons: 1. The zone change will result in single-family development, which is consistent with the predominant land use in the area. 2. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 8-0. Commissioner OHM thanked staff for this case not requiring a variance. C. Case No. WZ-17-04: An application filed by Ryan and Lisa Conway for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) located at 6375 West 44th Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BODEN asked if the zone change takes place does staff see any conflict with behavior that can be suitable for someone's backyard, but not suitable for the park due there not being fences. Mr. Wallace Mendez agreed that situations can arise, but owner has the option to fence the property with a 6 -foot fence. Ryan and Lisa Conway Planning Commission Minutes -7- May 7 - May 18, 2017 3156 West 3811 Avenue No additional Comments. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N) for property located at 6375 West 44t1 Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 8-0. 8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner KIMSEY and seconded by Commissioner BUCKNAM to adjourn the meeting at 8:33 p.m. Motion carried 8-0. Planning Commission Minutes May 18, 2017 6�U`e____. Tammy Odean Recording Secretary -8— MI fY O�U,Ilill!�pL. ; IIINIWTE- July 10, 2017 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Janeece Hoppe Tim Fitzgerald George Pond Larry Mathews Members Absent: Kristi Davis (excused), Genevieve Wooden (excused) Also present: City Clerk, Janelle Shaver; City Treasurer, Jerry DiTullio; City Attorney, Gerald Dahl; Police Chief, Daniel Brennan; Community Development Director, Ken Johnstone; Parks Director, Joyce Manwaring; Administrative Services Director, Heather Geyer; Scott Brink, Public Works Director; other staff, guests and interested citizens. APPROVAL OF Council Minutes of June 12, 2017 and Study Notes of June 19 2017 There being no objections, the minutes of June 12, 2017 and the Study Notes of June 19, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES First Opportunity for Public Input on the 2018 Budget Another public opportunity will be available at the August 4th Council meeting. Heather Geyer spoke about the importance of citizen input for the budget process. Citizen input is sought prior to proposing the next budget. She also referenced the interactive budget tools (Balancing Act and Socrata) that are available online for citizens to present their priorities. The proposed budget will come to Council before Labor Day and citizens will be able to download that. No one was signed up to speak on the budget CITIZENS RIGHT TO SPEAK Paul Ballinger (Boulder), organizer for the Criterium bike race, noted how popular the race has become on the circuit. He encouraged continued support for the popular event. He listed a number of employees and departments that help a great deal, including City Council Minutes July 10, 2017 Page 3 The property is about 1/3 of an acre. The current R-2 zoning allows for a duplex. R1 -C has a smaller minimum lot size which will allow the property to be subdivided into two parcels. Rezoning and subdivision will allow two houses to be constructed. Councilmember Hoppe introduced Council Bill 10-2017. Clerk Shaver assigned Ordinance 1622. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation Zach Wallace -Mendez from the Community Development Department entered into the record the case file, zoning ordinance, comprehensive plan, and contents of the digital presentation. He testified that all posting and notification requirements had been met. The property, on the SW corner of 31St & Newland, is in an established residential area. A public meeting was held; seven people attended; no concerns have been expressed. City departments and utility agencies have no concerns or requests. If approved, the applicant will work with the Building Division for development. The Planning Commission and staff recommend approval. There were no questions from Council and no public comment. Mayor Jay closed the public hearing. Motion by Councilmember Hoppe to approve Council Bill 10-2017, an ordinance approving the rezoning of property located at 6610 West 31St Avenue from Residential - Two (R-2) to Residential -One C (R-1 C) on second reading and that it take effect fifteen days after final publication for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the code of Laws. seconded by Councilmember Duran; carried 5-1, with Councilmember Mathews voting no. 3. Council Bill 11-2017—An Ordinance approving the rezoning of property located at 6375 West 44th Avenue from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) (Case No. WZ-17-04/Conway) The parcel is approximately 1/4 of an acre in size. Rezoning will allow immediate residential use, with the possibility of becoming a livetwork space in the future. If the property is redeveloped under the MU -N zoning, an administrative site plan review is all that would be required Councilmember Urban introduced Council Bill 11-2017. City Council Minutes July 10, 2017 Page 4 Clerk Shaver assigned Ordinance 1623. Mayor Jay opened the public hearing and swore in the speakers. Staff -.sresentation Zack Wallace -Mendez entered into the record the case file, the zoning ordinance, the comprehensive plan, and the contents of the digital presentation. He testified that all posting and notification requirements had been met. • The property is adjacent to Hopper Hollow Park and is in a neighborhood commercial corridor. MU -N is an appropriate transitional use. • A public meeting was held; four people attended. No concerns were expressed. • There are no concerns from outside agencies or City departments. • The applicant will work with the Building Division for development. The Planning Commission and staff recommend approval. Council ouestions Councilmember Mathews asked about allowed uses. Mr. Wilson said it could be neighborhood commercial or residential with 21 units per acre. It could be commercial on the first floor and residential on top. Councilmember Urban asked about parking requirements and density. Mr. Wilson advised that parking requirements would have to be followed and yes, the density would be limited by parking availability. West of this parcel is private property; north and east is City property. There was no public comment. Mayor Jay closed the public hearing. Motion by Councilmember Urban to approve Council Bill 11-2017; An Ordinance approving the rezoning of property located at 6375 West 44th Avenue from Commercial - One (C-1) to mixed Use -Neighborhood (MU -N) on second reading and that it take effect fifteen days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval.. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the code of Laws. seconded by Councilmember Hoppe; carried 5-1, with Councilmember Mathews voting no. 4. Council Bill 12-2017 —An Ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a Presiding Municipal Judge Services Agreement CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 11 ORDINANCE NO. 1677 Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6375 WEST 44TH AVENUE FROM COMMERCIAL - ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-17-04 / CONWAY) 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, Ryan and Lisa Conway have submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 6375 West 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 W. 44th Avenue by virtue of it being designated a neighborhood commercial corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on May 18, 2017, 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 Ryan and Lisa Conway for approval of a zone change ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6375 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: LOT 1, BLOCK 1, BRAUER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative 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 8 to 0 on this 12th day of June, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, July 10, 2017 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 5 to 1 , this 10thday of July 2017. SIGNED by the Mayor on this 10th day of July 2017. /J ylce a, ,.Ma r WHEAT ATTEST: ✓ o SEAL , r�n JA111u�),l (Inelle Shaver, City Clerk App v d to Forny i Gerald Dahl, City Attorney 1 st publication: June 15, 2017 2nd publication: July 13, 2017 Wheat Ridge Transcript: Effective Date: July 18, 2017 City of Wheat Ridge vj� 6� �- 6 " 0, .1 r 1 i ITEM NO: DATE: July 10, 2017 REQUEST FOR CITY COUNCIL ACTION 1 i j a �Wr4 TITLE: COUNCIL BILL NO. 11-2017 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6375 WEST 44TH AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-17- 04/CONWAY) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (6/12/2017) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (7/10/2017) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO " F- , L)— -I - Community Devel pment Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N) for property located at 6375 W. 44`x' Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately a quarter of an acre. The purpose of the zone change is to allow the property to be utilized solely as a residential use in the immediate future, and have the possibility of being utilized as a live/work space in the future. At this time, the applicant is not proposing any new development or modifications to the site. If the property is redeveloped in the future under the proposed MU -N zoning, an administrative site plan review would be required to confirm that proposed development meets the standards of the mixed use zone district. Council Action Form — Conway Rezoning July 10, 2017 Page 2 PRIOR ACTION: Planning Commission heard the request at a public hearing on May 18, 2017 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $862 were collected for the review and processing of Case No. WZ-17-04. BACKGROUND: The property is located at 6375 W. 44"' Avenue in the northeast quadrant of the City, immediately west of Hopper Hollow Park. The property is currently zoned Commercial -One (C-1) which allows a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The primary structure on the property was originally built in 1942 and has served a variety of purposes over the years, though it appears to have originally been constructed as a home and converted to a commercial structure. Based on the City's business license and building permit records, the property was most recently used as a church, engineering office, adult daycare facility, and retail store. Surrounding Land Uses The site is zoned Commercial -One (C-1), and surrounding properties include a variety of zoning designations and land uses. To the north of the subject property is an area of residentially zoned properties, mostly Residential -Three (R-3), with some Residential -Two (R-2) in the periphery. The associated land uses to the northwest coincide with the zoning with several multi -family residential buildings. To the south of the property, along 44a' Avenue, are properties zoned Restricted Commercial (RC) and Neighborhood Commercial (NC). Most of these properties were originally constructed as single-family homes in the 1950s, and have since been converted to small commercial offices. That being said, a residential presence still remains along 44th Avenue, with residences located to the southeast and southwest of the subject property. To the west of the subject property is a mix of commercial zoning designations, both Commercial -One (C-1) and Neighborhood Commercial (NC), with small-scale commercial land uses. Immediately adjacent to the subject property to the west is a property zoned Mixed Use - Neighborhood (MU -N). This property was rezoned from Restricted Commercial (RC) to MU -N in 2014 in anticipation of utilizing the site as a mixed residential and commercial (live/work) property. To the east of the property is the City of Wheat Ridge's Hopper Hollow Park, which was constructed in 2015, and has mixed zoning: Commercial -One (C-1) nearest 44`x' Avenue and a mix of Residential -Three (R-3) and Residential -Two (R-2) further north. Current and Proposed Zoning The proposed zone district, MU -N, is a less intensive commercial zone district because it limits or disallows several of the larger scale and auto -oriented uses which are permitted in current C-1 Council Action Form — Conway Rezoning July 10, 2017 Page 3 zoning. A significant difference between the C-1 and MU -N zone district is in the treatment of residential uses. In the C-1 zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current C-1 zoning. Unlike in Commercial -One, a new residence is a permitted use in the Mixed Use -Neighborhood zone district. The zone change would allow the current owners and applicants to make this property and existing structure their home, while also allowing the option of one day moving their small business to operate from the property. RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2017, an ordinance approving the rezoning of property located at 6375 W. 44`x' Avenue from Commercial -One (C-1) 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 that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws." Or, "I move to deny Council Bill No. 11-2017, an ordinance approving the rezoning of property located at 6375 W. 44th Avenue from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N), on second reading for the following reasons: REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner I1 Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. I1-2017 2. Planning Commission staff report with attachments 3. Planning Commission hearing minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6375 WEST 44TH AVENUE FROM COMMERCIAL - ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-17-04 / CONWAY) 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, Ryan and Lisa Conway have submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 6375 West 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 W. 441h Avenue by virtue of it being designated a neighborhood commercial corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on May 18, 2017, 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 Ryan and Lisa Conway for approval of a zone change ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6375 W. 441h 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: LOT 1, BLOCK 1, BRAUER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of Attachment 1 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 8 to 0 on this 12th day of June, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, July 10, 2017 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 , 2017. SIGNED by the Mayor on this day of 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: June 15, 2017 2nd publication: Wheat Ridge Transcript: Effective Date: City Of W heat j�idge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING: CASE NO. & NAME ACTION REQUESTED LOCATION OF REQUEST PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE VICINITY MAP CASE MANAGER: Zack Wallace Mendez May 18, 2017 WZ-17-04 / Conway Approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) 6375 W. 44' Avenue Ryan and Lisa Conway 0.295 acres (12,832 square feet) Commercial -One (C-1) Neighborhood Commercial Corridor CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of 6375 W. 44a' Avenue have submitted this application requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) on the property. The zone change is the first step of the approval process for the existing structure on the property to be used residentially. If approved, the owners have stated they intend to make modifications to the interior of the structure in order to meet existing building codes for a dwelling unit. They have also contemplated adding a commercial component to the structure to utilize the structure as a live/work space (Exhibit 1, Applicant Letter). The zone change will allow the property to be used for residential or commercial uses, as well as a mix (live/work or mixed use) of residential and commercial uses. If the rezoning is approved, building permits will be necessary for any conversion of use. Building permits are reviewed by the Planning Division and Public Works Department as needed to ensure compliance with City standards. II. EXISTING CONDITIONSIPROPERTY HISTORY The subject property is located at 6375 W. 44a' Avenue. The property is approximately 0.295 acres in size and located on the north side of 44' Avenue, immediately adjacent to Hopper Hollow Park (Exhibit 2, Aerial Photo). Currently the property contains one structure that has a footprint of approximately 700 square feet. The structure was originally constructed in 1942 and has served a variety of uses over the years. It appears to have originally been constructed as a home. Based on the City's business license and building permit records, the property was most recently used as a church, engineering office, adult daycare facility, and retail store. The site is zoned Commercial -One (C-1), and surrounding properties include a variety of zoning designations and land uses. To the north of the subject property is an area of residentially zoned properties, mostly Residential -Three (R-3), with some Residential -Two (R-2) in the periphery. The associated land uses to the northwest coincide with the zoning with several multi -family residential buildings. To the south of the property, along 44a' Avenue, are properties zoned Restricted Commercial (RC) and Neighborhood Commercial (NC). Most of these properties were originally constructed as single-family homes in the 1950s, and have since been converted to small commercial offices. That being said, a residential presence still remains along 44' Avenue, with residences located to the southeast and southwest of the subject property. To the west of the subject property is a mix of commercial zoning designations, both Commercial -One (C-1) and Neighborhood Commercial (NC), with small scale commercial land uses. Immediately adjacent to the subject property to the west is a property zoned Mixed Use - Neighborhood (MU -N). This property was rezoned from Restricted Commercial (RC) to MU -N in 2014 in anticipation of utilizing the site as a mixed residential and commercial (live/work) property. To the east of the property is the City of Wheat Ridge's Hopper Hollow Park, which was constructed in 2015, and has mixed zoning, Commercial -One (C-1) nearest 44' Avenue and a mix of Residential -Three (R-3) and Residential -Two (R-2) further north (Exhibit 3, Zoning Map). Planning Commission WZ-17-04 / Conway III. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and office uses, it allows for a range of neighborhood serving commercial and retail uses. The property is currently zoned Commercial -One (C-1). This zone district was established to accommodate a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The applicant intends to utilize the property solely as a home or as a live/work space in the future. If the rezoning is approved, the conversion of the structure into a residential use, in whole or part, will require building permits and inspections through the Building Division to ensure compliance with city codes, the International Building Code, and the International Fire Code. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. In terms of permitted uses, MU -N is a less intensive commercial zone district because it limits or disallows several of the larger scale and auto - oriented uses which are permitted in C-1. In terms of residential uses, MU -N is more flexible because the C-1 zone district would not otherwise allow the property to convert to a residential use. The applicants are not currently proposing to redevelop the property, but if development were to occur in the future, the design standards are comparable under both zone districts. Planning Commission 3 WZ-17-04 / Conway CURRENT ZONING PROPOSED ZONING Commercial -One C-1 Mixed Use -Neighborhood -N Allows a wide range of Allows new residential, commercial commercial uses including office, or mixed use — includes multi - Uses general business, retail sales, and family and live/work facilities, service establishments excludes outdoor storage Traditional Overlay ASDM Mixed -Use standards apply, pp y' Architectural standards apply, including high including high quality architecture: Standards quality architecture: standards standards related to articulation, related to articulation, variation, variation, materials, transparency materials, transparency Max. Building 50' 35' if the building has residential Height use, 50' for all other uses Max. Lot coverage 80% 90% for mixed use85% for single use Min. Landscaping 20% 10% for mixed use15% for single use Build -to Area 0-12' along front property line 0-12' along front property line Setbacks North: 10' plus 5' per story North: 5' East / West: 0' if nonflammable East / West: 0' or 5' per story Planning Commission 3 WZ-17-04 / Conway IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. The rezoning would limit the range of commercial uses allowed on the site to more neighborhood oriented commercial activities, as opposed to the potential for more intensive commercial activities which are permitted under C-1. While the MU -N zone district will expand use options by allowing for residential uses, these are generally considered to be less intensive than commercial uses. Based on the existing character and land use patterns on 44a' Avenue, MU -N is a more appropriate zone district than C-1 in terms of land use and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. The MU -N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future redevelopment and existing land uses. The subject site serves as a transition between commercial activity and the park, so the residential uses that MU -N would allow would be an appropriate transitional use. 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. Adequate infrastructure currently serves the property, and no new development is proposed at this time. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate fora future use, the property owner/developer would be responsible for utility upgrades. A building permit will be required for modifications made to the structure to ensure compliance with the Building Code, as well as the Fire Code. 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. Planning Commission 4 WZ-17-04 / Conway West 44�h Avenue is a primary east -west thoroughfare in the City which is classified as a minor arterial and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies the corridor as a Neighborhood Commercial Corridor. This designation envisions a corridor with a broad mix of activities, including small-scale, pedestrian friendly mixed-use retail, commercial businesses, and residential, with a focus on promoting a compatible mix of uses to supply the daily services and needs of adjacent residential areas. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed use goals. 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 C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to MU -N neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. Planning Commission WZ-17-04 / Conway A meeting for neighborhood input was held on April 4, 2017. Four people from the neighborhood attended the meeting. In general attendees supported the request. Some concerns were raised and those are expressed in the meeting summary (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Wheat Ridge Sanitation District: No objections. West Metro Fire Protection District: No comments or concerns. Xcel Energy: No objection. Century Link: No objection. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-17-04. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 40 Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of 44`h Avenue. Planning Commission 6 WZ-17-04 / Conway 4. The zone change will provide additional opportunity for reinvestment 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-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 44`x' Avenue, for the following reasons: 1. 2. Planning Commission WZ-17-04 / Conway EXHIBIT 1: APPLICANT LETTER To whom it may concern, Ryan and Lisa Conway are proposing a zone change to Mixed Use -Neighborhood (MU -N) on the property located at 6375 W 44`h Ave Wheat Ridge, CO 80033. The existing zoning on the property is Commercial 1 (C-1) which allows a variety of commercial uses but does not allow for residential uses. The proposed MU -N zoning also allows a variety of commercial uses but residential and mixed use as well which will benefit the entire area/neighborhood. While there are no specific plans for the property, future updates/new build for residential/commercial purposes may be possible. The zone change is necessary as it will benefit the area, allow for more options and improve the overall look, feel and use of the property as 44`h Avenue is growing and improving. The MU -N zoning has a proven track record for its positive effect on neighborhoods in Wheat Ridge as seen through the growth and resident support of the newly developed 38th Avenue. With the commercial aspect of 44`h Ave slowly evaporating it's important for business owners and the city in general, to adapt. A zone change to MU -N it will open the door for residential options with a mix of commercial options which will in turn create more stability along 44th Ave. This change will also create more appeal among other owners and current/prospective residents of the city of Wheat Ridge. With this zone change, there will be little to no effect on availability of utilities in the area, public facilities and services, roadways, parks, schools, etc. If anything, the zone change will allow for a cleaner/more adaptable property that will coincide with the park next door to the property. Any future development and/or redevelopment will be done at a high level of quality that is consistent with the rules, regulations and expectations specified by the city of Wheat Ridge. With the change to a zoning that is similar to the current zoning, traffic patterns should not be impacted. Equally important, there will be room for future development allowed by this zoning and parking to support any development. Ryan and Lisa Conway Planning Commission WZ-17-04 / Conway W heat �idge Geographic Information Systems Leaend Subject Property EXHIBIT 2: AERIAL i r 1-4 IL Z r LU 004 SMIe Plane Coordinate Protean <F N cobrado central zone r D.W.. NAD83 ,\ L j r � G Planning Commission WZ-17-04 / Conway N EXHIBIT 3: ZONING MAP Wheat Ridge Geographic T r r' r R 45TH AVE -- Information Systems t~p Legend -� Subject Property Displayed Zone Districts i^ • `R Residential -Two (R-2) j 4 014 ! + �' . Residential -Three (R-3) S Neighborhood Commercial (NC) rf Restricted Io ' Commercial (RC) Commercial -One (C -11)f �p Mixed Use . Neighborhood (MU -N) 9 V 1 –" . — -- 44TH AVE- - ...4 .J i CP .J qFTMM*Pr Q: :►. J Q S cn 43RD AVE QI l� m State Piene Coordinate Prolecven N` Colorado Central Z' Dal= RADe3 i%L F Planning Commission 10 WZ-17-04 / Conway EXHIBIT 4: COMPREHENSIVE PLAN Neighborhoods Iry r n n .M State Pla. C—d naw Ptojectbn N Cobndo Central Zone a�n N Corridors Ift �dge /?o.�',"o 1V a Geographic PL H�VY Hw% Information Systems 111 Con" T1B1°a Main Street Corridor W Y ' _ Legend �V-4.._ — QSubject Property 2009 Envision Wheat Ridge T, Comprehensive Plan Foundations and Assets Parks and Open Space Public Facilities ---.-46TH-PL- PwgionaiParks BOpen Space Neighborhood Buffer _. _46TH AVE Neighborhoods Iry r n n .M State Pla. C—d naw Ptojectbn N Cobndo Central Zone a�n N Corridors - N 11 Primary Cornmer6al Corridor PL J J Z - 111 Con" T1B1°a Main Street Corridor W Y ' _ Greenbelt �V-4.._ 44TH PL- N -i -47TH-PL— rH-AVE--1— DENVER LAKESIDE _w --- � 2 t� N t�l1 ~ ti Q J Z \` z U Iry r n n .M State Pla. C—d naw Ptojectbn N Cobndo Central Zone a�n N - N N � lIi J J J Z O Q I = W Y -47TH-PL— rH-AVE--1— DENVER LAKESIDE _w --- � 2 t� N t�l1 ~ ti Q J Z \` z U Planning Commission 11 WZ-17-04 / Conway Iry r n n .M State Pla. C—d naw Ptojectbn N Cobndo Central Zone a�n N - -39TH A Planning Commission 11 WZ-17-04 / Conway EXHIBIT 5: SITE PHOTOS Planning Commission 12 WZ-17-04 / Conway ti I View of the property looking south from inside Hopper Hollow Park. The existing structure is visible behind the tree and white truck. The split rail fence in the foreground is within the park, and no divisional fence separates the park and subject property. Planning Commission 13 WZ-17-04 / Conway EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: April 4, 2017 Attending Staff: Lauren Mikulak, Senior Planner Location of Meeting: Wheat Ridge City Hall — 7500 W. 29' Avenue Property Address: 6375 West 44th Avenue Property Owner(s): Lisa and Ryan Conway Property Owner(s) Present? Yes Applicant: Lisa and Ryan Conway Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located at 6409 West 44th Avenue in the northeast quadrant of the City. The site is zoned Commercial -One (C-1) and is surrounded by a mix of residential and commercial uses. Properties to the west are zoned Mixed Use -Neighborhood (MU -N) and Neighborhood - Commercial (N -C), and properties to the southwest are zoned N -C and Restricted -Commercial (R -C). To the east and north is a property with split zoning that is City -owned and was developed last year into Hopper Hollow Park. Based on Jefferson County records, the subject property has a total area of 12,832 square feet and is part of the Brauer Subdivision. The structure on the building was originally constructed in 1942 and has a footprint of approximately 700 square feet. Based on the City's business license and building permit records, the property was most recently used as a church, engineering office, adult daycare facility, and retail store. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property, including the potential for a live/work scenario. Planning Commission 14 WZ-17-04 / Conway The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, four members of the public attended the neighborhood meeting including Jennifer Hayden, Leonard Shields, Tyson Martens, and Mary Kay Massey. • Not all attendees provided their addresses, but all indicated they are property owners in the area. • Staff discussed the site, its zoning, and the comprehensive plan designation of 44`h Avenue. • Staff explained the difference between the C-1 and the MU -N zone districts in terms of permitted uses and development standards. • The applicant and members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. The following issues were discussed regarding the zone change request: • In general, attendees were interested in understanding why the zone change was desired, if there would be redevelopment, why the applicants want to live in this location, and what the applicant's long-term plans are for the property. Two attendees were supportive of the request. Two attendees expressed distrust of the applicant's intentions, expressed concern that 44`x' Avenue would become overdeveloped, and expressed concern regarding multi -story infill development that was occurring in East Wheat Ridge. • An attendee expressed concern that the City does not have a view shed ordinance, and staff explained the content and applicability of the recently approved bulk plane ordinance. • What are the applicant's plans for the property? The applicant intends to live on the property and possibly to use the property for a live/work arrangement. One of the owners is a hair stylist and it may be possible or desirable to work out of the home. • Why did the applicant's close on the property if the current zoning doesn't match their intended residential use? There was a misunderstanding regarding the current zoning and permitted uses given that the property was originally constructed as a house. • Does the applicant plan to develop the property? The applicant is not currently planning to change the footprint of the structure, but plans to remodel the interior. • Does the applicant own or intend to own adjacent properties (to consolidate for redevelopment)? No, the applicant does not own or intend to own or consolidate adjacent properties for development. • Why does the applicant want to live on 44a' Avenue? The applicants have a family and enjoy being next to the park. Real estate prices in Denver, Wheat Ridge and the metro area are making home ownership more difficult to achieve, and the property was in their preferred location and price range. • Will marijuana -related uses be proposed or permitted? No, marijuana -related uses are not only not permitted in the MU -N zone district, but they are also not permitted within this proximity of a public park. • Will multifamily development, group homes or homeless shelters be permitted? Planning Commission 15 WZ-17-04 / Conway Multifamily development is permitted in MU -N. Group homes are permitted in C-1 and MU -N zone districts. Homeless shelters are not listed in the City's use charts. The size of the property would be a limiting factor for any of these uses because the site would need to accommodate parking, drainage, setback and open space requirements. Can the property be rezoned to a residential -only zone district? Based on the City's comprehensive plan and the "Neighborhood Commercial Corridor " designation of W. 44`j' Avenue, it would probably not be appropriate to rezone the property to a residential zone district. What is the maximum building height and how does it compare to other zone districts? In C-1 the maximum building height is 50 feet. In MU -N the maximum height for non- residential uses is 50 feet, but the maximum height for a structure with a residential use is 35 consistent with the other residential zone districts in the City. Aside from the four neighbors at the meeting, staff received one inquiry from someone who could not attend the meeting. When the proposal was explained there were no concerns expressed. aac � April 4, 2017 - 6 PM Neighborhood Meeting; 6375 W. 44t'' Avenue Request to rezone property from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) PLEASE PRINT Name Address 2. J 3. Ldino-k St 4. 5. Planning Commission 16 WZ-17-04 / Conway Attachment 3 Wheat ridge PLANNING COMMISSION Minutes of Meeting May 18, 2017 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Alan Bucknam Dirk Boden Emery Dorsey Donna Kimsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Commission Members Absent: Staff Members Present: Meredith Reckert, Senior Planner Zack Wallace Mendez, Planner II Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the order of the agenda. Motion carried 8-0. 5. APPROVAL OF MINUTES — May 4, 2017 It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to approve the minutes of May 4, 2017, as written. Motion carried 8-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes - 1 May 18, 2017 Michael Corey 6417 West 291h Avenue Mr. Corey said he will be happy to finally see someone paying taxes on this property. It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Residential -Two (R-2) to Residential -One C (R -1C) for property located at 6610 West 31' Avenue, for the following reasons: 1. The zone change will result in single-family development, which is consistent with the predominant land use in the area. 2. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 8-0. Commissioner OHM thanked staff for this case not requiring a variance. C. Case No. WZ-17-04: An application filed by Ryan and Lisa Conway for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) located at 6375 West 40 Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BODEN asked if the zone change takes place does staff see any conflict with behavior that can be suitable for someone's backyard, but not suitable for the park due there not being fences. Mr. Wallace Mendez agreed that situations can arise, but owner has the option to fence the property with a 6 -foot fence. Ryan and Lisa Conway Planning Commission Minutes -7— May 7— May 18, 2017 3156 West 38" Avenue No additional Comments. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N) for property located at 6375 West 44'h Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of 44" Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion carried 8-0. 8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner KIMSEY and seconded by Commissioner BUCKNAM to adjourn the meeting at 8:33 p.m. Motion carried 8-0. Planning Commission Minutes May 18, 2017 Tammy Odeaa Recording Secretary -8— w V) t V)o � ƒ > $ 7 CL $ U 7 ± 0 = p L- - u G E / \ 2 / 2 E § - a O 0 E / e / / \ \ \ \ u m = O / a 0 g ƒ \ C: f E f � g . • 2 E u g o n = E 0 \ / k _0 \ 5 $ 2 / o 0 E 5 . ( / © E: \ i u u E CLO = E/ � 2 CL e < E E S m / / \ E� 7 s u \ r -j 2 (U / % / 3 % > Ln £ V) � $ U 0 L- - C CL _ 2 \ a / u \ u m = ƒ \ / � g E \ @ E 0 \ / k 2 < =# U o 0 . ( / © £ 2 i 2 u C 9 CLO = = � o z CL e < E 'Ti / J • City of "( Wh6at RjiLgc POSTING CERTIFICATION CASE NO. WZ-17-04 CITY COUNCIL HEARING DATE: July 10, 2017 1, � u Gyv a j h S6, Convj&q J (name)/ residing at 31-5co lAi 39", A-,vL 6envu Co 84o N (address) as the applicant for Case No. WZ-17-04 hereby certify that I have posted the Notice of Public Hearing at L�-�5 w +t Aj2 K4qe CO 8 0()33 (location) on this p� day of J�}� and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on tW applicant's case file at the Community Development Departm MAP case and will be placed in the A4TH.PL t FF C • dam. ,��� �� � �. � � rar %of W heat Midge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. • The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on July 10, 2017. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of W heat �dge Ar,rv, NV15 Ut � ti ,-, ITEM NO: S. DATE: June 12, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2017 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6375 WEST 44TH AVENUE FROM COMMERCIAL -ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-17- 04/CONWAY) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (6/12/2017) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (7/10/2017) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES �I Community Devel pment Director ❑ NO _LWUM& City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N) for property located at 6375 W. 44`x' Avenue. The proposed rezoning area includes one parcel, which is approximately a quarter of an acre. The purpose of the zone change is to allow the property to be utilized solely as a residential use in the immediate future, and have the possibility of being utilized as a live/work space in the future. At this time, the applicant is not proposing any new development or modifications to the site. If the property is redeveloped in the future under the proposed MU -N zoning, an administrative site plan review would be required to confirm that proposed development meets the standards of the mixed use zone district. Council Action Form — Conway Rezoning June 12, 2017 Page 2 PRIOR ACTION: Planning Commission heard the request at a public hearing on May 18, 2017, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $862 were collected for the review and processing of Case No. WZ-17-04. BACKGROUND: The property is located at 6375 W. 44h Avenue in the northeast quadrant of the City, immediately west of Hopper Hollow Park. The property is currently zoned Commercial -One (C-1) which allows a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The primary structure on the property was originally built in 1942 and has served a variety of purposes over the years. It appears to have originally been constructed as a home. Based on the City's business license and building permit records, the property was most recently used as a church, engineering office, adult daycare facility, and retail store. Surrounding Land Uses The site is zoned Commercial -One (C-1), and surrounding properties include a variety of zoning designations and land uses. To the north of the subject property is an area of residentially zoned properties, mostly Residential -Three (R-3), with some Residential -Two (R-2) in the periphery. The associated land uses to the northwest coincide with the zoning of several multi -family residential buildings. To the south of the property, along 44`x' Avenue, are properties zoned Restricted Commercial (RC) and Neighborhood Commercial (NC). Most of these properties were originally constructed as single-family homes in the 1950s, and have since been converted to small commercial offices. That being said, a residential presence still remains along 44h Avenue, with residences located to the southeast and southwest of the subject property. To the west of the subject property is a mix of commercial zoning designations, both Commercial -One (C-1) and Neighborhood Commercial (NC), with small scale commercial land uses. Immediately adjacent to the subject property to the west is a property zoned Mixed Use - Neighborhood (MU -N). This property was rezoned from Restricted Commercial (RC) to MU -N in 2014 in anticipation of utilizing the site as a mixed residential and commercial (live/work) property. To the east of the property is the City of Wheat Ridge's Hopper Hollow Park, which was constructed in 2015, and has mixed zoning, Commercial -One (C-1) nearest 44a' Avenue and a mix of Residential -Three (R-3) and Residential -Two (R-2) further north. Current and Proposed Zoning The proposed zone district, MU -N, is a less intensive commercial zone district because it limits or disallows several of the larger scale and auto -oriented uses which are permitted in current C-1 zoning. A significant difference is in the treatment of residential uses. In the C-1 zone district, Council Action Form — Conway Rezoning June 12, 2017 Page 3 residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current C-1 zoning. Unlike C-1 zoning, a new residence is a permitted use in the MU -N zone district. The zone change would allow the current owners and applicants to make this property and existing structure their home, while also allowing the option moving their small business to operate from the property at a future date. RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2017 an ordinance approving the rezoning of property located at 6375 West 44`x' Avenue from Commercial One (C-1) to Mixed Use -Neighborhood (MU -N) on first reading, order it published, public hearing set for Monday, July 10, 2017 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2017 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _ COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6375 WEST 44TH AVENUE FROM COMMERCIAL - ONE (C-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-17-04 / CONWAY) 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, Ryan and Lisa Conway have submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 6375 West 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 W. 44th Avenue by virtue of it being designated a neighborhood commercial corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on May 18, 2017, 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 Ryan and Lisa Conway for approval of a zone change ordinance from Commercial -One (C-1) to Mixed Use -Neighborhood (MU - N) for property located at 6375 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: LOT 1, BLOCK 1, BRAUER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of ATTACHMENT 1 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 _ to _ on this 12th day of June, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, July 10, 2017 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 , 2017. SIGNED by the Mayor on this day of , 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: • r City of '�Wh6atl dge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE OF MEETING CASE NO. & NAME ACTION REQUESTED LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: CASE MANAGER: Zack Wallace Mendez May 18, 2017 WZ-17-04 / Conway Approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) 6375 W. 44"' Avenue Ryan and Lisa Conway 0.295 acres (12,832 square feet) Commercial -One (C-1) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP W44TH!AWVE" - f;L,. All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of 6375 W. 44th Avenue have submitted this application requesting approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) on the property. The zone change is the first step of the approval process for the existing structure on the property to be used residentially. If approved, the owners have stated they intend to make modifications to the interior of the structure in order to meet existing building codes for a dwelling unit. They have also contemplated adding a commercial component to the structure to utilize the structure as a live/work space (Exhibit 1, Applicant Letter). The zone change will allow the property to be used for residential or commercial uses, as well as a mix (live/work or mixed use) of residential and commercial uses. If the rezoning is approved, building permits will be necessary for any conversion of use. Building permits are reviewed by the Planning Division and Public Works Department as needed to ensure compliance with City standards. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 6375 W. 40 Avenue. The property is approximately 0.295 acres in size and located on the north side of 44th Avenue, immediately adjacent to Hopper Hollow Park (Exhibit 2, Aerial Photo). Currently the property contains one structure that has a footprint of approximately 700 square feet. The structure was originally constructed in 1942 and has served a variety of uses over the years. It appears to have originally been constructed as a home. Based on the City's business license and building permit records, the property was most recently used as a church, engineering office, adult daycare facility, and retail store. The site is zoned Commercial -One (C-1), and surrounding properties include a variety of zoning designations and land uses. To the north of the subject property is an area of residentially zoned properties, mostly Residential -Three (R-3), with some Residential -Two (R-2) in the periphery. The associated land uses to the northwest coincide with the zoning with several multi -family residential buildings. To the south of the property, along 40h Avenue, are properties zoned Restricted Commercial (RC) and Neighborhood Commercial (NC). Most of these properties were originally constructed as single-family homes in the 1950s, and have since been converted to small commercial offices. That being said, a residential presence still remains along 44th Avenue, with residences located to the southeast and southwest of the subject property. To the west of the subject property is a mix of commercial zoning designations, both Commercial -One (C-1) and Neighborhood Commercial (NC), with small scale commercial land uses. Immediately adjacent to the subject property to the west is a property zoned Mixed Use - Neighborhood (MU -N). This property was rezoned from Restricted Commercial (RC) to MU -N in 2014 in anticipation of utilizing the site as a mixed residential and commercial (live/work) property. To the east of the property is the City of Wheat Ridge's Hopper Hollow Park, which was constructed in 2015, and has mixed zoning, Commercial -One (C-1) nearest 44th Avenue and a mix of Residential -Three (R-3) and Residential -Two (R-2) further north (Exhibit 3, Zoning Map). Planning Commission 2 WZ-17-04 / Conway III. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed use development. In addition to residential and office uses, it allows for a range of neighborhood serving commercial and retail uses. The property is currently zoned Commercial -One (C-1). This zone district was established to accommodate a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The applicant intends to utilize the property solely as a home or as a live/work space in the future. If the rezoning is approved, the conversion of the structure into a residential use, in whole or part, will require building permits and inspections through the Building Division to ensure compliance with city codes, the International Building Code, and the International Fire Code. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. In terms of permitted uses, MU -N is a less intensive commercial zone district because it limits or disallows several of the larger scale and auto - oriented uses which are permitted in C-1. In terms of residential uses, MU -N is more flexible because the C-1 zone district would not otherwise allow the property to convert to a residential use. The applicants are not currently proposing to redevelop the property, but if development were to occur in the future, the design standards are comparable under both zone districts. Planning Commission WZ-17-04 / Conway CURRENT ZONING PROPOSED ZONING Commercial -One (C-1) Mixed Use -Neighborhood MU -N) Allows a wide range of Allows new residential, commercial Uses commercial uses including office, or mixed use — includes multi - general business, retail sales, and family and live/work facilities, service establishments excludes outdoor storage Traditional Overlay ASDM Mixed -Use standards apply, pp y' Architectural standards apply, including high including high quality architecture: Standards quality architecture: standards standards related to articulation, related to articulation, variation, materials, transparency variation, materials, transparency Max. Building 50' 35' if the building has residential Height use, 50' for all other uses Max. Lot coverage 80% 90% for mixed use85% for single use Min. Landscaping 20% 10% for mixed use15% for single use Build -to Area 0-12' along front property line 0-12' along front property line Setbacks North: 10' plus 5' per story North: 5' East / West: 0' if nonflammable East / West: 0' or 5' per story Planning Commission WZ-17-04 / Conway IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. The rezoning would limit the range of commercial uses allowed on the site to more neighborhood oriented commercial activities, as opposed to the potential for more intensive commercial activities which are permitted under C-1. While the MU -N zone district will expand use options by allowing for residential uses, these are generally considered to be less intensive than commercial uses. Based on the existing character and land use patterns on 44h Avenue, MU -N is a more appropriate zone district than C-1 in terms of land use and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. The MU -N zoning is expected to add value to the subject property and also to the surrounding community. The mixed use development standards will support compatibility between future redevelopment and existing land uses. The subject site serves as a transition between commercial activity and the park, so the residential uses that MU -N would allow would be an appropriate transitional use. 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. Adequate infrastructure currently serves the property, and no new development is proposed at this time. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A building permit will be required for modifications made to the structure to ensure compliance with the Building Code, as well as the Fire Code. 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. Planning Commission 4 WZ-17-04 / Conway West 44`h Avenue is a primary east -west thoroughfare in the City which is classified as a minor arterial and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies the corridor as a Neighborhood Commercial Corridor. This designation envisions a corridor with a broad mix of activities, including small-scale, pedestrian friendly mixed-use retail, commercial businesses, and residential, with a focus on promoting a compatible mix of uses to supply the daily services and needs of adjacent residential areas. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed use goals. 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 C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to MU -N neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. Planning Commission WZ-17-04 / Conway A meeting for neighborhood input was held on April 4, 2017. Four people from the neighborhood attended the meeting. In general attendees supported the request. Some concerns were raised and those are expressed in the meeting summary (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Wheat Ridge Sanitation District: No objections. West Metro Fire Protection District: No comments or concerns. Xcel Energy: No objection. Century Link: No objection. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-17-04. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 44th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of 44th Avenue. Planning Commission 6 WZ-17-04 / Conway 4. The zone change will provide additional opportunity for reinvestment 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-17-04, a request for approval of a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 44h Avenue, for the following reasons: 2. » Planning Commission 7 WZ-17-04 / Conway EXHIBIT 1: APPLICANT LETTER To whom it may concern, Ryan and Lisa Conway are proposing a zone change to Mixed Use -Neighborhood (MU -N) on the property located at 6375 W 44th Ave Wheat Ridge, CO 80033. The existing zoning on the property is Commercial 1 (C-1) which allows a variety of commercial uses but does not allow for residential uses. The proposed MU -N zoning also allows a variety of commercial uses but residential and mixed use as well which will benefit the entire area/neighborhood. While there are no specific plans for the property, future updates/new build for residential/commercial purposes may be possible. The zone change is necessary as it will benefit the area, allow for more options and improve the overall look, feel and use of the property as 44th Avenue is growing and improving. The MU -N zoning has a proven track record for its positive effect on neighborhoods in Wheat Ridge as seen through the growth and resident support of the newly developed 38th Avenue. With the commercial aspect of 44th Ave slowly evaporating it's important for business owners and the city in general, to adapt. A zone change to MU -N it will open the door for residential options with a mix of commercial options which will in turn create more stability along 44th Ave. This change will also create more appeal among other owners and current/prospective residents of the city of Wheat Ridge. With this zone change, there will be little to no effect on availability of utilities in the area, public facilities and services, roadways, parks, schools, etc. If anything, the zone change will allow for a cleaner/more adaptable property that will coincide with the park next door to the property. Any future development and/or redevelopment will be done at a high level of quality that is consistent with the rules, regulations and expectations specified by the city of Wheat Ridge. With the change to a zoning that is similar to the current zoning, traffic patterns should not be impacted. Equally important, there will be room for future development allowed by this zoning and parking to support any development. L7Ryan and Lisa Conway Planning Commission 8 WZ-17-04 / Conway EXHIBIT 2: AERIAL Crty of W heat u ge - Geographic ` + Information Systems Legend M! QSubject Property r + - 4r y — I 44TH PL ? c u w Y Slate Plane Coordinate Prote[om •• N ColrHedo Central Zone Oalurn NA083 Planning Commission 9 WZ-17-04 / Conway EXHIBIT 3: ZONING MAP 117f_.4�r 11 ,, - rt, �-, l tty of W heat R fiche _ _ s _ Geographic r r - , 45TH�AVE Information Systems i . • Ay. i r Legend QSubject Property 4 Displayed Zone Districts Residential -Two (R-2) Residential -Three (R-3) Neighborhood Commercial (NC) + Restricted Commercial (RC) Commercial -One (C-1) jW Mixed Use Neighborhood (MU -N) F *7w moms,T", , Vlkr v w(} ' O ^< W --- — — =-- = AVE .sum I 43RD AVE- �f•d date Prone Coordinate PfOPOon N COlot.do Central Zone A Datum NAD83 N OWNWASM Planning Commission 10 WZ-17-04 / Conway EXHIBIT 4: COMPREHENSIVE PLAN Planning Commission 11 WZ-17-04 / Conway S DENVER 01 Wheat :die Geographic Information Systems Le end ' 48TH -AVE Subject Property 47TH PL 2009 Envision Wheat Ridge W LAKESIDEr Comprehensive Plan 47TH AVE Foundations and Assets Parks and Open Space e� i Public Facilities 46TH PL J Regiond Parks & Open Space Q Neighborhood Buffer 46TH AVE Neighborhoods Corridors Prim rycanvreroalCorridor PL LAKESIDE 111=borhood Comn,erdal Main Street Corridor 111 Greenbelt VE I— W 44TH PL — a �zl 3 } F- LU o W g J to f_ a to N Z Q J z Z Z W U. l— N J (A H U) J Q OATH A V1 J Z O = Y Stale or Plane Codinate Projection Coerodo CXM zona N 39TH A Det— NAD83 A Q Planning Commission 11 WZ-17-04 / Conway EXHIBIT 5: SITE PHOTOS I F I'' Its off x.-- Y]� •. �Si"L�%'d `R 3� y_ `.SAY ..•c-�"1 View of the existing structure on the subject property. This photo was taken looking west along the 44" Avenue sidewalk along the eastern property line. Planning Commission 12 WZ-17-04 / Conway View of the property looking south from inside Hopper Hollow Park. The existing structure is visible behind the tree and white truck. The split rail fence in the foreground is within the park, and no divisional fence separates the park and subject property. Planning Commission 13 WZ-17-04 / Conway EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: April 4, 2017 Attending Staff: Lauren Mikulak, Senior Planner Location of Meeting: Wheat Ridge City Hall — 7500 W. 29th Avenue Property Address: 6375 West 44h Avenue Property Owner(s): Lisa and Ryan Conway Property Owner(s) Present? Yes Applicant: Lisa and Ryan Conway Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located at 6409 West 44th Avenue in the northeast quadrant of the City. The site is zoned Commercial -One (C-1) and is surrounded by a mix of residential and commercial uses. Properties to the west are zoned Mixed Use -Neighborhood (MU -N) and Neighborhood - Commercial (N -C), and properties to the southwest are zoned N -C and Restricted -Commercial (R -C). To the east and north is a property with split zoning that is City -owned and was developed last year into Hopper Hollow Park. Based on Jefferson County records, the subject property has a total area of 12,832 square feet and is part of the Brauer Subdivision. The structure on the building was originally constructed in 1942 and has a footprint of approximately 700 square feet. Based on the City's business license and building permit records, the property was most recently used as a church, engineering office, adult daycare facility, and retail store. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property from Commercial -One (C-1) to Mixed Use - Neighborhood (MU -N). The purpose of the rezone is to expand possible uses for the property, including the potential for a live/work scenario. Planning Commission 14 WZ-17-04 / Conway The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, four members of the public attended the neighborhood meeting including Jennifer Hayden, Leonard Shields, Tyson Martens, and Mary Kay Massey. • Not all attendees provided their addresses, but all indicated they are property owners in the area. • Staff discussed the site, its zoning, and the comprehensive plan designation of 441 Avenue. • Staff explained the difference between the C-1 and the MU -N zone districts in terms of permitted uses and development standards. • The applicant and members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. The following issues were discussed regarding the zone change request: • In general, attendees were interested in understanding why the zone change was desired, if there would be redevelopment, why the applicants want to live in this location, and what the applicant's long-term plans are for the property. Two attendees were supportive of the request. Two attendees expressed distrust of the applicant's intentions, expressed concern that 40' Avenue would become overdeveloped, and expressed concern regarding multi -story infill development that was occurring in East Wheat Ridge. • An attendee expressed concern that the City does not have a view shed ordinance, and staff explained the content and applicability of the recently approved bulk plane ordinance. • What are the applicant's plans for the property? The applicant intends to live on the property and possibly to use the property for a live/work arrangement. One of the owners is a hair stylist and it may be possible or desirable to work out of the home. • Why did the applicant's close on the property if the current zoning doesn't match their intended residential use? There was a misunderstanding regarding the current zoning and permitted uses given that the property was originally constructed as a house. • Does the applicant plan to develop the property? The applicant is not currently planning to change the footprint of the structure, but plans to remodel the interior. • Does the applicant own or intend to own adjacent properties (to consolidate for redevelopment)? No, the applicant does not own or intend to own or consolidate adjacent properties for development. • Why does the applicant want to live on 44h Avenue? The applicants have a family and enjoy being next to the park. Real estate prices in Denver, Wheat Ridge and the metro area are making home ownership more difficult to achieve, and the property was in their preferred location and price range. • Will marijuana -related uses be proposed or permitted? No, marijuana -related uses are not only not permitted in the MU-Nzone district, but they are also not permitted within this proximity of a public park. • Will multifamily development, group homes or homeless shelters be permitted? Planning Commission 15 WZ-17-04 / Conway Multifamily development is permitted in MU -N. Group homes are permitted in C-1 and MU -N zone districts. Homeless shelters are not listed in the City's use charts. The size of the property would be a limiting factor for any of these uses because the site would need to accommodate parking, drainage, setback and open space requirements. • Can the property be rezoned to a residential -only zone district? Based on the City's comprehensive plan and the "Neighborhood Commercial Corridor" designation of W. 44`h Avenue, it would probably not be appropriate to rezone the property to a residential zone district. • What is the maximum building height and how does it compare to other zone districts? In C-1 the maximum building height is 50 feet. In MU -N the maximum height for non- residential uses is 50 feet, but the maximum height for a structure with a residential use is 35 consistent with the other residential zone districts in the City. Aside from the four neighbors at the meeting, staff received one inquiry from someone who could not attend the meeting. When the proposal was explained there were no concerns expressed. April 4, 2017 — 6 PM Neighborhood Meeting 6375 W. 44th Avenue Request to rezone property from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) PLEASE PRINT Nam QAddress 2. �� .<� - Icfs �l 3Jo j. 3. 1 SDo LaYna.r Sr 4. 411I� ��,5 �3-� � 310 Li9riw s -- 5. _ Planning Commission WZ-17-04 / Conway 16 Q) 75 O N N v :;; v iJ E v L O O O_ m z co f0 C 0 u z 3 X_ o O �E Q) aa. l6 .0 CL ° O w ro E ^ v c vCL w O Y N O U o o m o o Q a)X on Vi w y10 4J X o n n U O m Y 0 J i C \ + + N uN Y a` 3 u 3 LA o Z w O C ^^ l L 61 0 Q oN O j Q 0 L x j ui L oa E � ri Q � s O �� e o a tAa O 1 x O y w L L O t M « a = C O 0 O u:E C v O y � J Q m m v� Q) O N v :;; v iJ E L O O O_ ro E co f0 C 0 u z 3 X_ O Q) U l6 .0 > E b_A O Y O U E O OA .� Y v � V1 L 41 E E a)X on E w 4J X O U o U 0 J V) N O U O L ♦2 N C O .N .j OA C T U � V C GD � m c n f6 O c 4-1 OJ E O CU O0 O Q i Q -0 �oO V C O O h0 '' V — a QJ O L v O Z Q Q Z � N a City of Wh6atRiogc POSTING CERTIFICATION CASE NO. WZ-17-04 PLANNING COMMISSION HEARING DATE: c 6 h W (n a e) residing at 1; 15 as the applicant for Case No. Public Hearing at Mav 18. 2017 r b l�r�es', 0 0 bo(A (address) WZ-17-04 hereby certify that I have posted the Notice of on this day of aw and do hereby certify that said sign has been posted and remained in place for fift en (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on thi case and will be placed in the applicant's case file at the Community Development Department. MAP 41 ---;�Citvy of Wheat j�idge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on May 18, 2017. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of /Wheat -�idge MUNITY 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.D) May 3, 2017 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-17-04, an application filed by Ryan and Lisa Conway for approval of a zone change from Commercial -One) to Mixed Use -Neighborhood (MU -N) for property located at 6375 West 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 May 18, 2017 (a, 7:00 p.m., City Council July 10, 2017 A 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.ci.wheatridge.co.0 s Vicinity Map Site wz i 704.cloc AVALOS JOHN A BETHEL KOREAN PRESBYTERIAN CHURCH BJS PROPERTIES LLC 6410 W 44TH PL B-1 6415 W 44TH AVE 9375 W BAYAUD AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 LAKEWOOD CO 80226 CARNATION SQUARE CONDOMINIUMS ASSOC INC 6410 W 44TH PL A-2 WHEAT RIDGE CO 80033 EGGLESTON KIMBERLY E GOMENDI DAVID A 6450 W 44TH PL A-6 WHEAT RIDGE CO 80033 EMILY MARCIE 0 PO BOX 2125 WHEAT RIDGE CO 80034 GALLEGOS MARTIN L 6410 W 44TH PL A-3 WHEAT RIDGE CO 80033 GRIEVE JOSEPH J JR GRIEVE FRANCIS P GRIEVE DANIELLA L 6450 W 44TH PL 2 WHEAT RIDGE CO 80033 HALL RICHARD F HALL LAVONNE 4375 LAMAR ST WHEAT RIDGE CO 80033 HARROLD THERESA J 6410 W 44TH PL B-3 WHEAT RIDGE CO 80033 LOWERY ZACHARY A LOWERY NICOLE 4370 LAMAR ST WHEAT RIDGE CO 80033 CHRISTOPHER DONALD DAVID 4355 LAMAR ST WHEAT RIDGE CO 80033 ELLIS L LANCE TRUST 6410 W 44TH PLAC 2 WHEAT RIDGE CO 80033 FOOTHILLS PROPERTIES 3131 REYNOLDS LARAMIE WY 82072 GALLEGOS REINALDO E GALLEGOS MARIANNE 14970 CLINTON ST BRIGHTON CO 80602 HAFFLEY EMILY M 6450 W 44TH PLAC A7 WHEAT RIDGE CO 80033 HAPPY HOLDINGS LLC CRAIG COOK PO BOX 544 INDIAN HILLS CO 80454 LAUFER GENE D 1099 S 7TH AVE YUMA AZ 85364 LYNNS PROPERTIES LLC 6290 W 44TH AVE WHEAT RIDGE CO 80033 CONWAY RYAN CONWAY LISA 6375 W 44TH AVE WHEAT RIDGE CO 80033 EMILY MARCIA PO BOX 2125 WHEAT RIDGE CO 80034 GALLEGOS HAROLD L GALLEGOS ELLEN PRADO 9133 W 66TH PL ARVADA CO 80004 GARRAMONE GREG 4380 MARSHALL ST WHEAT RIDGE CO 80033 HALL DANIELLE M 6450 W 44TH PL 8 WHEAT RIDGE CO 80033 HARGRAVE HARRIET JANE TRUSTEE 5767 FALK CT ARVADA CO 80002 LIBERATO DOMINIC M 6450 W 44TH PL 4 WHEAT RIDGE CO 80033 MAEZ THERESA M 6410 W 44TH PL Al WHEAT RIDGE CO 80033 MARTINEZ ELIJIO JORGE MEADOWS BRIAN J MEIER JESSICA J 6450 W 44TH PL B3 6410 W 44TH PL B4 6450 W 44TH PLAC B-1 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MOUNTAIN GOLD LIMITED 6301 W 44TH AVE WHEAT RIDGE CO 80033 POLITZKI PAULA E 6450 W 44TH PL A-5 WHEAT RIDGE CO 80033 ROSTYSLAW KUZMYCH TRUST NUMBER ONE 3131 REYNOLDS ST LARAMIE WY 82072 STANFIELD THERESA M 6410 W 44TH PL A-4 WHEAT RIDGE CO 80033 NAGY CONDOMINIUM ASSOCIATION INC TREASURES OFFICE 100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 PUBLIC SERVICE COMPANY OF COLORADO 0 PO BOX 840 DENVER CO 80201 SANCHEZ ANDREW S WITTY MACK P 6410 W 44TH PL B2 WHEAT RIDGE CO 80033 TAMMAM FAMILY PARTNERSHIP LP 0 PO BOX 392 BROOKLYN NY 11235 NORTON JAMES H 4360 MARSHALL ST WHEAT RIDGE CO 80033 RATCLIFF SHIRLEY M RATCLIFF KATHLEEN ANN 4380 LAMAR ST WHEAT RIDGE CO 80033 SLEHZ LLC 6425 W 44TH AVE WHEAT RIDGE CO 80033 TILCO INVESTMENTS LLC SUSAN PINKOWITZ 2445 S MONROE ST DENVER CO 80210 TRINITY BAPTIST CHURCH OF DENVER VARELA ALEX WHITE ROBERTJ WHITE ELIZABETH DOYLE 4490 NEWLAND ST 6410 W 44TH PL 4375 KENDALL ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 3 n w AVM 30 1HOla 0110nd .09 �q 3nN3AV HltrV iS3M <, z ` ---- i --f----T I I o, I I I i ZO o e vx4i0ie°'ao Nnim !A mFAH fi ppp I a o J >_ aI I II ZI CC _ LL Q I Y3 Y�g $ 3 — J �2 N W X31 gigs- N` ` •�^• Z t -r 31A2 Q _ FFFWU LLO Z ° cofn ''0 z Z O a Q VJ = m ¢ X IL U3 w mQ 5wO D W WW64_e` I I x y+Y pp 33 ?8 qq jR �9 LLjlY J Y 8 I b.. 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THIS DEED OF TRUST is dated August 28, 2015, among Ryan Conway, whose address is 3156 West 38th Street, Denver, CO 80211 and Lisa Conway, whose address is 3156 West 38th Street, Denver, CO 80211 ("Grantor"); Redstone Bank, whose address is Centennial, 15765 East Arapahoe Road, Centennial, CO 80016 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Jefferson County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Jefferson County, State of Colorado: LOT 1, BLOCK 1, BRAUER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. The Real Property or its address is commonly known as 6375 West 44th Avenue, Wheat Ridge, CO 80033-4739. The Real Property tax identification number is 212095. Grantor presently assigns to Lender falso known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property 2nJ Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as othenvise provided in this Deed of Trust. Grantor shall pay to Lender all amounts secured by this aced of Trust as they become due, and shalt strictly and in a finely manner perform all of Grantor's obfigations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws, Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or City of Wh6atp.,,,dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, , as of/with (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for set for public hearing on (Describe type of application) 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that 1 am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this day of , 20A} Y City of Wheat c]ge 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. ( ity of W heat I is Ige COMMUNIIY DEVELOPMENT Rev. 5/2014 Submittal Checklist: Zone Change (straight zone district) Project Name: Ave -1 Project Location: to 3_}!5 W LATt AWr1#.o& &Aq_ co soon. Application Contents: A zone change application is required for approval of a rezoning to any non -planned development (straight) zone district. The following items represent a complete zone change application: 1. Completed, notarized land use application form 12. Application fee 3. Signed submittal checklist (this document) 4. Proof of ownership—e.g. deed Written authorization from property owner(s) if an agent acts on behalf of the owner(s) _6. Mineral rights certification form \7. Approved legal description on the Current City Datum with proper section and PHAC ties Aper City Geodetic Requirements, in Microsoft Word format Certified boundary and improvement survey of the property :Z9. Wr' en request and description of the proposal Include a response to the zone change review criteria—these are found in Section / 26-114 of the municipal code V/ Include a justification of why the zone change is appropriate addressing these issues: • The need for the zone change. • Present and future effect on the existing zone districts, development and physical character of the area. • Access to the area, traffic patterns and impact of the requested zone on these factors. • Availability of utilities. • Present and future effect on public facilities and services, such as fire, police, water, sanitation, roadways, parks, schools, etc. • A discussion of the relationship between the proposal and adopted land and/or policies of the city. As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2rd) full review, I will be subject to the applicable resubmittal fee. /. f Signature: Date: y (o ' Q6) Name (please print): LISA COttw&q evall CenWkvJ Phone: 311• a3a•3aOrl Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us City of ��qrWh6atR-idge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant L&n and 1 onWQU Phone�Iq 32-U99 Email LROtUmoYldS�'U�e�Q�.[oM Address, City, Atate, Zip 3 (e �„y ?ROI A1/e Denver C-0 S O xi Owner Address, City, State, Zip Contact Address, City, State, Zip Phone Email Phone Email (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 6375 W 44` Ave_ Wea-� RaAe. Co $0033 Type of action requested (check one or more of the actions listed below which pertain to your request): 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: Zonin� ck,,&nyt j rot" C- � �o MU -N. The, Qocwe. 0� ovr M7_01MAt reves-� is -b bring The zoning vp +o dAfe and 0noce in line w;+k ane mixed use clnarac+er o* yy4i, Ave. I+ Lv Ii also allow us 6 use Qroperl+ QSiden�ially or hoc a I;ve/wcck a«ar%gemen+. I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners i uiaLu&mjLpawer-of-attornev from the owner which approved of this action on his behalf. TAMARA D ODEAN NOTARY PUBLIC Notarized Signature of ApplicantZ4:�, STATE OF COLORADO State of Colorado NOTARY ID 20164015481 County of j e�} ss MY COMMISSION EXPIRES APRIL 22, 2 The foregoing instrument (Land Use Processing Application) was acknowledged by me this to "V%day of 2017— by (L.aan cont..A -�a--^-- ( My commission expires`J22 /20_-a Notary Public To be filled out by staff: Date received q &-/7 Fee S q62.01) Case No. W:2-171-64 Comp Plan Design. Receipt No. QJ3 6l yspp Quarter Section Map Related Case No. Pre -App Mtg. Date .2- 23- 7 Case Manager t�ai�ASQ MA -n 07 Assessor's Parcel No. - 2. y 2-,2 -b[ey Current Zoning C - Current Use Size (acres or sqft) J�r!j(32S4_ Proposed ZProposed Use r, � •, , , � - � r ♦ � �� •t Zone Change Process Step 1.._._ Pre -application Meeting Step 2: Neighborhood Meeting i Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? Yes No Step 6: LPIPanning ublish Request/Post Property for 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 �Wheatidge MUNITY DEVELOPMENT 6375 W. 44th Avenue Request for a zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) 45TH'AVE. -T. f" O i� 44TH AVE . _ t a f 43RDAVE �JlltEl!f Ifll<lo) -- -- 45TH AVE r .) O _C 44TH PL--— — — ---- -- ;zC �Ic: C 44TH AVE Etc, w 43RDAVE Y City of /,:WheatFkOge MMUNITY DEVELOPMENT Zone Change Criteria What is zoning? For a zone change request, the Planning All properties within the City of Wheat Ridge are zoned. Zoning regulates Commission and City Council base their what land uses are allowed and establishes standards for construction decision on the extent to which the including building setbacks, lot coverage, and building height. following criteria have been met: There are many different zone districts within the City including residential, commercial, industrial, mixed use, and planned development zoning. 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a What is a zone change? significant adverse effect on the A zone change is the process of changing the current zone district to a surrounding area; and 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., 2. Adequate infrastructure/facilities are residential vs. commercial). available to serve the types of uses All proposed commercial, industrial and residential applications for property allowed by the change of zone, or the exceeding one acre in size must be rezoned to a planned development applicant will upgrade and provide district. such where they do not exist or are under capacity; and Why is a neighborhood meeting required? 3. At least one (1) of the following A neighborhood meeting is required for all zone change requests. The conditions exists: 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 a. The change of zone is in residents within 600 feet are notified of the meeting. conformance, or will bring the property into conformance with, the City of Wheat Ridge How do I give my opinion on a zone change? comprehensive plan goals, All public hearings for proposed zone changes are open to the public to objectives and policies, and appear and give testimony. Testimony can include written correspondence other city -approved policies or or a statement made at the public hearing. Any written correspondence plans for the area. provided to staff will be forwarded to the Planning Commission and City Council as part of the evidence of the case. All pertinent correspondence b. The existing zone classification should be routed through planning staff. currently recorded on the official zoning maps of the City of Wheat Can I contact my council representative? Ridge is in error. Public hearings for zone changes are quasi-judicial in nature. This means that the deciding body should make a decision only based on testimony c. A change of character in the presented at public hearings. Please do not contact the Mayor, Planning area has occurred or is occurring Commissioners, or City Council representatives to discuss the merits of the to such a degree that it is in the case prior to the public hearings; it could jeopardize their ability to hear the public interest to encourage case. redevelopment of the area or to recognize the changing character of the area. What is a legal protest? A legal protest is a formal, written protest which can be submitted by d. The proposed rezoning is adjacent property owners within 100' of a subject property. If 20% of necessary in order to provide for property owners on one side within a 100' radius file a legal protest, it a community need that was not requires a three-fourths vote of City Council (6 out of 8 members present) to anticipated at the time of the approve a zone change instead of a simple majority (5 out of 8 members adoption of the City of Wheat present). A legal protest is usually filed after the Planning Commission Ridge comprehensive plan. public hearing. Community Development Department - 303-235-2846 - www.ci.wheatridge.co.us z cn Q Cl J El 0 E m Z lr- \ V C6 4 6 E o Os L m .CnC �Z CL �a4 = mN > L- Q:D �M < 4)s aa) �O o O o ,x N s 4) 2 .. L 0 L O O LO .-. 4 V Z a 4) 4) c �O i E E O u z cn Q Cl J El 0 E m Z lr- \ V C6 4 6 NOTICE OF NEIGHBORHOOD INPUT MEETING March 20, 2017 Dear Neighbor, We are Ryan and Lisa Conway and we are proposing a rezoning on property we recently purchased located at 6375 W 44`h Ave Wheat Ridge, CO 80033. A neighborhood meeting will be held on Tuesday, April 4 at 6:00pm at Wheat Ridge City Hall (7500 W. 29th Avenue) in the second floor conference room. The purpose of our rezoning request is to bring the zoning up to date and more in line with the mixed use character of 44`h Ave. It will also allow us to use the property residentially or for a live/work arrangement. The City of Wheat Ridge has adopted a requirement that prior to any application for the rezoning of property an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the administrative process by the Community Development Director and/or the public hearing in front of City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you submit written comments during the public notice period and/or attend the public hearing. The neighborhood meeting is an informal setting that provides an opportunity for you to understand the scope of the proposed project and the process for review. You will have the opportunity to speak with us and city staff and to ask any question that you may have related to the project. If you have any questions, please call the City Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Thank you, Ryan and Lisa AAB JAMES L ALLEN DOUGLAS ALLEN ANN ANDERSEN DANIEL E 06440 S CRESTBROOK DR PO BOX 1405 06530 W 44TH PL MORRISON CO 80465 HEBER SPRINGS AR 72543 WHEAT RIDGE CO 80033 APLB LLC AVALOS JOHN A BAKER CHRISTOPHER L 03733 NEWTON ST 06410 W 44TH PL B-1 04485 JAY ST DENVER CO 80211 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BARBERO GREGORY BARBERO DEBRA BERGTHOLD KEVIN A BERGTHOLD JESSICA M BERNARD & FRANCES FELDMAN JNT REV TRUST 06335 W 45TH AVE 04335 KENDALL ST 06465 W 45TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BETHEL KOREAN PRESBYTERIAN CHURCH BJS PROPERTIES LLC BLOOM ALAN BOHLINE SUE 06415 W 44TH AVE 09375 W BAYAUD AVE PO BOX 19765 WHEAT RIDGE CO 80033 LAKEWOOD CO 80226 BOULDER CO 80308 BROCKER AMY S BUBB ANTHONY R BUNNELL MICHAEL H 04430 JAY ST A 01298 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L mAlli R -C Restricted Comm PBF Public Bldg & Facility PID Planned Industrial Dev C-1 Commercial -1 PF Public Facility CD Conservation Dist C-2 Commercial -2 PHD Planned Hospital Dev 11 City Limits PCD Planned Comm Dev I -E Industrial - Employment MU -C IN T, MU -C TOD- To whom it may concern, Ryan and Lisa Conway are proposing a zone change to Mixed Use -Neighborhood (MU -N) on the property located at 6375 W 44th Ave Wheat Ridge, CO 80033. The existing zoning on the property is Commercial 1 (C-1) which allows a variety of commercial uses but does not allow for residential uses. The proposed MU -N zoning also allows a variety of commercial uses but residential and mixed use as well which will benefit the entire area/neighborhood. While there are no specific plans for the property, future updates/new build for residential/commercial purposes may be possible. The zone change is necessary as it will benefit the area, allow for more options and improve the overall look, feel and use of the property as 44th Avenue is growing and improving. The MU -N zoning has a proven track record for its positive effect on neighborhoods in Wheat Ridge as seen through the growth and resident support of the newly developed 38th Avenue. With the commercial aspect of 44th Ave slowly evaporating it's important for business owners and the city in general, to adapt. A zone change to MU -N it will open the door for residential options with a mix of commercial options which will in turn create more stability along 44th Ave. This change will also create more appeal among other owners and current/prospective residents of the city of Wheat Ridge. With this zone change, there will be little to no effect on availability of utilities in the area, public facilities and services, roadways, parks, schools, etc. If anything, the zone change will allow for a cleaner/more adaptable property that will coincide with the park next door to the property. Any future development and/or redevelopment will be done at a high level of quality that is consistent with the rules, regulations and expectations specified by the city of Wheat Ridge. With the change to a zoning that is similar to the current zoning, traffic patterns should not be impacted. Equally important, there will be room for future development allowed by this zoning and parking to support any development. Ryan and Lisa Conway City of Wheat Pidvre PRE—APPLICATION MEETING REQUEST FORM Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 Thank you for your interest in scheduling a pre -application meeting with the City of Wheat Ridge, we look forward to reviewing your request and meeting with you. The pre -application meeting process was established to provide an opportunity for potential applicants to meet with the City of Wheat Ridge's Development Review Team to discuss development proposals and learn more about the City's technical and procedural requirements, which are often unique to each zone district, development proposal, floodplain designation, etc. Pre -application meetings are required prior to the submittal of most land use applications. The City of Wheat Ridge's Development Review Team has established two standing meeting times every Thursday for pre -application meetings: 2-3pm and 3-4pm. Once the form below and any necessary materials are submitted, you will be contacted by the Community Development Department to schedule a pre -application meeting. Meetings will be scheduled no earlier than 7 business days from the date you are contacted. However, it is not uncommon for pre - application meetings to be booked several weeks out. A $200 fee is required for a pre -application meeting. This fee is payable by cash, check, Visa or MasterCard at your scheduled meeting time. Contact Information Name Ro inn Phone ',0.7,91 Address, Ctiy, State, Zipy51 �U' ?, X11 Ave be t\ye ,, Additional Contact Information (if necessary) Name_ G nw Address, City, State, Zip � & L) Sc JL4 6.da) C '� 1 , ; Acknowledgements 9 I acknowledge that I must submit a narrative and preliminary site plan, and any other relevant documentation to with the Wheat Ridge Planning Division with this request form prior to being contacted to schedule a pre- -/ application meeting. C�7 I will subm ,4,the following information concurrently with this form (* denotes a required submittal): SYProposal Narrative* O Concept landscape plans O"Site Plan* 0 Conceptual Architectural Plans/ Examples O Survey or ILC 0 Subdivision sketch plan I acknowledge that there is a $200 fee for the pre -application meeting, payable by cash, Visa, MasterCard, or check payable to the `City of Wheat Ridge' at the time of my scheduled pre -application meeting. Submit You have two options for submitting this form: 1) Click the button below to submit this completed PDF via e-mail. Please attach the necessary submittal items (narrative and site plan, at a minimum) to the e-mail with this form. Meeting request forms sent without the necessary submittal requirements will be considered incomplete and will not be scheduled for a pre -application meeting. Click here to submit form via email 2) Print and mail, or drop off, the form to: City of Wheat Ridge c% Planning Division (Pre -Application) 7500 W. 29`' Avenue Wheat Ridge, CO 80033 To be filled out by staff: Date request received Pre -app meeting date Case Manager Date submittals rec'd Fee Received Due Diligence Complete Rev 1106'2011