Loading...
HomeMy WebLinkAbout03/01/18I City of WheatP,idge PLANNING COMMISSION AGENDA March 1, 2018 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on March 1, 2018 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agenda packets and minutes are available online at http://www.ci.wheatridge.co.us/95/Planning-Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES—February 15, 2018 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. WZ-11-02: An application filed by Chris Wedgwood, for approval of a zone change from Neighborhood Commercial (NC) to Mixed Use -Neighborhood (MU -N) on Property located at 6320 West W Avenue. 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Whew Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. 2. 3. 4. 5. 6. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting February 15, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair BODEN at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29a' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Dirk Boden Alan Bucknam Emery Dorsey Janet Leo Amanda Weaver Vivian Vos Commission Members Absent: Donna Kimsey Scott Ohm 06 Staff Members Present: Lauren Mikulak, Planning Manager Meredith Reckert, Senior Planner Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to approve the order of the agenda. Motion carried 6-0. APPROVAL OF MINUTES —January 18, 2018 It was moved by Commissioner WEAVER and seconded by Commissioner LEO to approve the minutes of January 18, 2018 as written. Motion carried 5-0-1 with Commissioner BODEN abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes February 15, 2018 -1— No one wished to speak at this time. PUBLIC HEARING A. Case No. WZ-18-01: an application filed by Tom Kennedy for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for the property located at 4433 Tabor Street. Ms. Reckert gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BUCKNAM asked if the small strip of land to the southwest of the subject property is also A-1. Ms. Reckert said it is A-1 and is a part of the water detention that was created when I-70 on/off ramps were relocated about seven years ago. She added that the zoning on it will not be changed and that much of the right-of-way for I-70 is zoned A-1. Commissioner BUCKNAM then asked if there are any concerns with drainage if the zone change is approved due to the possibility of higher density on the land. Mr. Brossman said that during the design phase drainage will be addressed and any new development would have to have adequate facilities on site to handle drainage. Commissioner VOS wanted to confirm the zoning of the building to the north and asked if the zone change to MU -N will run with the land if the owners decide not to develop, but to sell instead. Ms. Reckert confirmed that the MU -N zoning would remain, regardless of ownership. Tom Kennedy, Applicant 11194 I-70 Frontage Rd North Mr. Kennedy gave a brief explanation behind his desire for the zone change to MU -N. He said the concept of becoming more environmentally conscious is beneficial and would create less vehicular traffic by developing a live/work product. The units would include office space on the main floor and apartments above, on the 2°d floor. He also added that he had enjoyed working with the City of Wheat Ridge staff. Planning Commission Minutes -2— February 2— February 15, 2018 John Clark, Resident 4665 Swadley Street Mr. Clark believes the staff at the City of Wheat Ridge is hard to work with and he felt it was inappropriate to indicate that three people had attended the neighborhood meeting in May because the two other people showed up late. He said he is not against development, but in fact is against changing the zoning for something in the future that could be much bigger or more intensive. He feels that MU -N is more valuable than an A-1 zoning and will just be sold for money. Mr. Clark does not want to see A-1 properties disappear because we need more grassland and feels Wheat Ridge is not sustainable if it is all asphalt. He expressed concerns that a vacant A-1 property on the east side of Tabor Street would be rezoned and redeveloped commercially. He expressed distrust of the City and of staff. Commissioner VOS commented that if the maximum height for residential use in MU -N is 35 feet and 50 feet for all other uses, she is wlried something other than live/work will be developed. Ms. Mikulak explained that zoning runs with the land and it is appropriate to compare the different development standards to the commercial properties adjacent to this one not only the A-1 that it is zoned currently. Commercial -One (C-1) also has a height limit of 50 feet for buildings with commercial uses. The Commission needs to focus on the zoning not the potential for a live/work development because it is always possible that future development could be for any of the permitted uses. It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WZ-18-01, a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use - Neighborhood (MU -N) for property located at 4433 Tabor Street, 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. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and Fruitdale Subarea Plan 3. The proposed zone change is consistent with the character of Tabor Street. 4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Commissioner BUCKNAM explained he is going to support the motion because Tabor Street is between the neighborhood on the east and the commercial on the west and it is appropriate for a mixed use zoning and the uses would be in character with the neighborhood. Planning Commission Minutes -3— February 3— February 15, 2018 Commissioner WEAVER added that she works and lives among agricultural uses and when you don't have large continuous spaces it is hard to do agricultural work. She explained that when you look at the zoning map there are not agricultural activities being done in the A-1 zone districts. Commissioner WEAVER added that the City of Wheat Ridge has done an excellent job at creating zone districts for what is appropriate for the neighborhoods. Vice Chair BODEN called for a vote. Motion recommending APPROVAL carried 5-1 with Commissioner VOS voting no. B. Case No. MS -17-08: an application filed by Brad Weiman, for approval of a 4 -lot subdivision for single family homes located at 3275 Quail Street. Ms. Mikulak gave a short presentation regarding the subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner LEO asked if the applicant is also the developer. Ms. Mikulak said the applicant is not the current property owner, he is the one entitling the property and believes he also plans to develop it, but will let him explain his role. Commissioner VOS asked for clarification on the Forestry Division's referral comments related to the landscaping in the drainage area. Ms. Mikulak said that design standards have recently been adopted for drainage features that includes making open channel drainage more natural with native seed, grasses and bushes. This subject's drainage will not be cement, but will be natural looking. The Forestry Division had commented on the proposed plant materials and seed mix. Commissioner VOS commented that this property was platted as a part of Applewood Estates and wondered if it will still be a part of Applewood Estates. Ms. Mikulak explained that with a replat it will become its own Quail Creek Subdivision. Commissioner DORSEY asked why lot one is much bigger than the other lots. Planning Commission Minutes -4— February 4— February 15, 2018 Ms. Mikulak said the applicant can answer this question, but explained that even though lots 2, 3 and 4 look small in comparison they exceed the minimum lot size in the R-1 zone district which is 12,500 sq. ft. Commissioner BUCKNAM wanted condition number 3 confirmed from the possible approved motion. He asked if it means only lots 1 and 2 cannot get a building permit until there is a demolition permit for the current house on the property. Ms. Mikulak confirmed this condition. Commissioner BUCKNAM asked if there is also a drainage on the west side of the church site. Mr. Brossman explained there are two tributaries that carry water from a large basin in the Lakewood area to Lena Gulch, on either side of the Baptist church property. The one on this subject property will be a 48 inch pipe that will carry a bulk of the flow from 32nd and Quail. This drainage design was reviewed carefully and will connect to Quail Hollow subdivision on its way to Lena Gulch. Commissioner BODEN asked if the cement detention structure to the northwest of the property will be maintained. Mr. Brossman explained the HOA from this subdivision will have to maintain this area. Commissioner BODEN also asked if some of the trees on the subject property will be preserved. Staff recommended the applicant address this. Brad Weiman, Applicant 4455 W 30' Avenue, Denver Mr. W eiman gave a brief background of himself and growing up in the surrounding area of West Arvada and Golden areas and wanting his kids to have the same great experiences he did. He said he is a developer by profession and plans to develop the four lots and live with his family on lot 1. He wanted a big lot for his kid to play on. He explained he will keep as many trees as possible, but will get rid of some of the trees that are not very healthy and those in conflict with homes or drainage improvements. He does have plans to add some trees. Will Sugai, Resident 11158 West 33" Avenue Mr. Sugai asked if the lot will be elevated and by how much. Also, he asked about the drainage easement on the east side of the subject property that is being vacated. Planning Commission Minutes - 5— February 15, 2018 He thought it is part of the drainage from the other side of the street and wondered if that drainage will be built into the new calculations. Mr. Weiman said the current elevation will be raised about 24 inches above the drainage features, but no higher than the level of the sidewalk. He also added the homes will be 2 -story. Mr. Weiman said the existing drainage has been accounted for and the pipe will be tied to the drainage on the subject property. Nathan Laudick, Civil Engineer Mr. Laudick explained that a 30 -inch pipe will connect to the existing drainage structure on Quail Street into the new drainage facilities. It was moved by Commissioner WEAVER and seconded by Commissioner LEO to recommend APPROVAL of Case No. MS -17-08, a request for approval of a 4 -lot subdivision on property zoned Residential -One (R-1) and located at 3275 Quail Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Note 11 on sheet one shall be modified by replacing the first two sentences with the following text: "Utility easements are granted on private property as shown herein." 2. Add plat note: "A consolidation plat must be applied for Lots 1 and 2 if the existing house is not demolished within 2 years of recordation of this plat." 3. No building permit shall be issued for Lots 1 or 2 until a demolition permit is issued for the existing home. 4. The developer shall enter into a subdivision improvement agreement whereby all required infrastructure improvements are in place prior to issuance of building permits for individual lots. 5. The developer shall pay fees in lieu of parkland dedication in the amount of $7,491.87 at the time of plat recording. 6. The Homeowners' Association covenants be reviewed and approved by Staff prior to issuance of building permits. Motion carried 6-0 Commissioner Weaver stated she is supporting this motion because the drainage will be improved in this area. Planning Commission Minutes -6— February 6— February 15, 2018 8. OLD BUSINESS 9. NEW BUSINESS Ms. Mikulak mentioned that it is anticipated there will be Planning Commission hearings on March 1 and March 15. She also shared an article written by an attorney from the City of Wheat Ridge attorney's office regarding quasi-judicial and ex parte issues. 10. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner VOS to adjourn the meeting at 8:19 p.m. Motion carried 6-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes February 15, 2018 7— ♦�4le ® City of Wheat ��e CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: March 1, 2018 CASE MANAGER: Zack Wallace Mendez CASE NO. & NAME: WZ-18-02 / Wedgwood ACTION REQUESTED: Approval of a zone change from Neighborhood Commercial (N -C) to Mixed Use-Neighborhood(A4U-N). LOCATION OF REQUEST: 6320 W. 44th Avenue APPLICANT (S): Chris Wedgwood OWNER (S): Rostyslaw Kuzmych Trust Number One APPROXIMATE AREA: 11,250 square feet (0.258 acres) PRESENT ZONING: Neighborhood Commercial (NC) COMPREHENSIVE PLAN: Neighborhood Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Planning Commission CaseNo. WZ-18-02/Wedgwood Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The trustee of the trust which holds ownership of 6320 W. 441' Avenue has permitted her real estate agent to submit this application requesting approval of a zone change from Neighborhood Commercial (N -C) to Mixed Use -Neighborhood (MU -N) on the property. The zone change will allow the property to be used for residential or commercial uses, as well as a mix of residential and commercial uses (mixed-use or live/work). II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 6320 W. 44"' Avenue. The property is approximately a quarter of an acre in size and located on the south side of 44"' Avenue, directly south of Hopper Hollow Park. Currently the property contains two structures (Exhibit 1, Aerial). The main structure was likely originally constructed as a house in 1948, per the Jefferson County Assessor. It is unclear when the accessory structure was constructed, but historic aerials of the property suggest it may have been constructed at the same time as the main structure. The City is unaware of when this structure was converted from a residential structure to a commercial structure, but did issue a sign permit in 1973 for a real estate office, and has issued three business licenses for this property since 2003, none of which were indicated to be home occupations. Additionally, Jefferson County cites the structure type to be "Office/Converted Res," indicating at some point in the past this structure was knowingly converted from a home into an office. Per the Municipal Code, a historically residential use on commercially zoned property is allowed to continue in perpetuity, however once the structure/property is converted to a commercial property, it cannot be reverted back to a residential property. The property is currently for sale, and there has been interest from several potential buyers who wished to utilize it as a live/work property (Ex i 7it 3, ant Letter). This is not allowed under the current zoning. The site is zoned Neighborhood Commercial (N -C), and the surrounding properties include a variety of zoning designations and land uses. To the north of the subject property is 44u' Avenue and Hopper Hollow Park. To the northwest across 40 Avenue are three properties zoned Mixed Use - Neighborhood. Two of those properties were rezoned from Restricted Commercial (R -C) to MU -N in 2014 in anticipation of utilizing the site as a mixed residential and commercial (live/work) property. The other property was rezoned in 2017, for a family to utilize as their home and potentially a future live/work property. To the northeast are properties zoned Neighborhood Commercial and Commercial - One (C-1). The N -C zoned property to the northeast is currently a vacant and boarded -up commercial structure. The C-1 property is an automotive service shop. Immediately to the east of this property is a property zoned Residential -Two (R-2) and utilized residentially. The R-2 zoning continues south and constitutes a majority of the residential neighborhood to the south of the subject property. To the west of the subject property are properties zoned Restricted Commercial (R -C) and Neighborhood Commerical (N -C), utilized for low intensity Commerical uses lLxhibit 2, Zoning Mo. Planning Commission CaseNo. WZ-18-02/Wedgwood 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. hi addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. MU -N zoning in intended for "neighborhood main streets." The property is currently zoned Neighborhood Commercial (N -C). This zone district was established to accommodate a limited range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the local neighborhood. The applicant intends to rezone the property in order to offer the property to a wider array of clients, many of whom have expressed wanting to buy the property for a live/work situation. The zone change will allow the property to be marketed or used as a commercial space, residential unit, or a live/work property. 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 allows commercial uses at a similar intensity of the existing N -C zoning. In terms of residential uses, MU -N is more flexible because the N -C zone district would not otherwise allow the property to convert to a residential use. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission CaseNo. WZ-18-02/Wedgwood CURRENT ZONING PROPOSED ZONING Neighborhood Commercial (NC) Mixed Use -Neighborhood (MU -N) Allows a limited range of commercial Allows residential, commercial or mixed Uses uses including office, general business, use — includes multi -family and live/work retail sales, and service establishments facilities, excludes outdoor storage Traditional Overlay ASDM standards apply, including high quality Mixed -Use standards apply, including high Architectural Standards architecture, standards related to quality architecture, standards related to articulation, variation, materials, and articulation, variation and materials. transparency. Max. Building Height 35' 35' if the building has residential use 50' for all other uses Max. Lot coverage 80% 90°% for mixed use 85% for single use Min. Landscaping 20% 10°% for mixed use 15% for single use Build -to Area 0-12' along front property line 0-12' along front property line Setbacks South (rear): 10' plus 5' per story South and East (adjacent to residential): 10' (landscaped) for the first 2 stories, additional 5 feet for East: 5' per story (landscaped) each additional story up to 4. Must be West: 0' if nonflammable or 5' per story landscaped. West: 0' IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission CaseNo. WZ-18-02/Wedgwood The change of zone will not result in adverse effects on the surrounding area. The rezoning would allow a similar range of neighborhood -oriented commercial uses on the site as is currently allowed under the N -C zoning. 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 44"' Avenue, the MU -N zone district is more appropriate than N -C in terms of land use and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as multifamily uses or larger commercial uses). 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 residential neighborhood to the south, 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. 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 any modifications made to the structure in the future, and will ensure compliance with current Building Codes, 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. West 44th Avenue is a primary east -west thoroughfare in the City, is classified as a minor arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this 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 daily services and meet the 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 Planning Commission CaseNo. WZ-18-02/Wedgwood change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed use goals for this corridor. 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 N -C 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 N -C 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. A meeting for neighborhood input was held on January 9, 2018. Six members of the public attended the meeting in addition to the applicant and staff. In general, most of the attendees were supportive of the request. However, some concerns were raised during the meeting including fears of overdevelopment on 441' Avenue; these concerns and the discussion from the meeting are summarized in the meeting summary rxhibit 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. Planning Commission CaseNo. WZ-18-02/Wedgwood West Metro Fire Protection District: No comments or concerns. Xcel Energy: No objection. Century Link: No objection. Wheat Ridge Sanitation District: 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-18-02. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-18-02, a request for approval of a zone change from Neighborhood Commercial (N -C) to Mixed Use -Neighborhood (MU -N) for property located at 6320 W. 441i 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 441i 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." Option B: "I move to recommend DENIAL of Case No. WZ-18-02, a request for approval of a zone change from Neighborhood Commercial (N -C) to Mixed Use -Neighborhood (MU -N) for property located at 6375 W. 441h Avenue, for the following reasons: 1. Planning Commission CaseNo. WZ-18-02/Wedgwood i♦IAI tOfWaiLR d e Geographic Information Systems Leaend O Subject Property EXHIBIT 1: AERIAL R spa Pare coontare Prgecbon N .e ,N etrra �te A DaWm: NCe. Planning Commission 7 Case No. WZ-18-02 / Wedgwood EXHIBIT 2: ZONING MAP ♦ I A I 'Yef WheaiLR d e Geographic Information Systems Leaend O Subject Property Displayed Zone Districts Residential -Two (R-2) Residential -Three (R-3) i Commercial -One (C-1) Neighborhood Commercial (NC) Restricted Commercial (RC) - Mixed Use Neighborhood (MU -N) SWe Pare mo coorare Proiemon N C.Iom� Ceerre �ne A D.zm: NA083 Planning Commission 8 Case No. WZ-18-02 / Wedgwood EXHIBIT 3: APPLICANT LETTER NARRATIVE Greetings, 1 have asked my Agent, Van C. Wedgwood to assist me in re -zoning 6320 W. 44`h Ave. from Neighborhood Commercial (NC) to MU -N Since I live in another state; Mr. Wedgwood has been given authorization to act on my behalf and in my stead. I fully anticipate bearing any cost associated with the re -zoning process and agree to sign such documents as may require my signature as the owner of this property in order to facilitate this change of zoning. It is my intent to sell this property and it is my desire to re -zone the property in order to expand the potential uses to include uses that are more in line with the current market for Buyers in this area of Wheat Ridge. Most specifically; the opportunity for a Buyer to both live in the property and maintain a business or professional office at the property. We are finding that many young professionals are desirous of this arrangement. We anticipate making no physical changes to the property improvements or reconfiguration of any lot lines as a part of this re -zoning. Thank you for your consideration. (/%I'fmlt a / ;ZX04elc 11/27/2017 Christina Kuzmych, Trustee Rostyslaw Kuzmych Trust Number One 3131 Reynolds St. Laramie, Wyoming 82072 Planning Commission Case No. WZ-18-02 /Wedgwood EXHIBIT 4: COMPREHENSIVE PLAN -I - � 0` Me � Sub'ect�roperty ---- - Primary Gateway (Intersection of 44"' & Harlan) Planning Commission Case No. WZ-18-02 /Wedgwood Neighborhoods see Chapter 3 Crlterra (or tlUtererent NegbborhooC types 1 Neighborhood Commercial Corridor (40 Avenue and Harlan Street) 10 EXHIBIT 5: SITE PHOTOS Planning Commission 11 Case No. WZ-18-02 / Wedgwood Planning Commission 12 Case No. WZ-18-02 / Wedgwood EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: January 9, 2018 Attending Staff: Zack Wallace Mendez, Planner II Location of Meeting: Wheat Ridge Municipal Center, 2°d Floor Conference Room Property Address: 6320 W. 441' Avenue Property Owner(s): Rostyslaw Kuzmych Trust Number One Property Owner(s) Present? No Applicant: Chris Wedgwood Applicant Present? Yes Existing Zoning: Neighborhood Commercial (NC) Existing Comp. Plan: Neighborhood Commercial Corridor Existing Site Conditions: The property is located on the south side of W. 40 Avenue, between Kendall Street and Lamar Street. The site is directly across the street from Hopper Hollow Park. The site is currently occupied by a house which has been converted into an office building. There is paved parking adjacent to 40 Avenue in front of the building and a driveway which leads back to a single car, detached garage. Surrounding properties include a variety of commercial and residential uses. Properties along W. 44a' are primarily commercial in nature. The property to the west is zoned Restricted Commercial (RC) and contains a retail/office building that was converted from a house that cannot be used residentially again. The property to the east is zoned Residential -Two (R-2) as are the properties to the south along Kendall and Lamar Streets. Across W. 44u' Avenue is Hopper Hollow Park with Commercial -One (C- 1) zoning. Just to the west of the park are two properties zoned Mixed Use — Neighborhood (MU -N), which allows for a mix of residential and commercial uses. W. 40 Avenue remains a primarily commercial corridor, with residential uses to the north and south. Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the site from Neighborhood Commercial (NC) to Mixed Use — Neighborhood (MU -N). The zone change would allow for residential and/or commercial uses on the site as opposed to strictly commercial uses. They have proposed marketing the property as having a live/work opportunity, allowing a business owner to live on-site and operate a business with a storefront. Planning Commission 13 CaseNo. WZ-18-02/Wedgwood The following is a summary of the neighborhood meeting: • In addition the applicant and staff, six (6) members of the public attended the neighborhood meeting. • The applicant described why they were seeking a rezoning. • Staff discussed the site, its current zoning, and the proposed zoning. • 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, and what the applicant's long-term plans are for the property. Three attendees were supportive of the request. Two attendees were neutral on the proposal. One attendee expressed distrust of the applicant's intentions, expressed concern that 44"' Avenue would become overdeveloped, and expressed concern regarding multi -story infill development that was occurring in East Wheat Ridge. Why rezone to MU -N, why not Residential -Two (R-2)? The applicant noted the MU -N will allow the property to function as a live -work space, which as the realtors for the property, they have observed a significant amount of interest for on this property. They previously had a buyer under contract who wanted to live in the building and start a law firm from the building as well. Staff added that this structure was originally constructed as a single-family home but was converted to a commercial structure. Due to the commercial zoning and the conversion of the structure to a commercial use, the zoning code does not allow the property to be reverted to a residential use. The applicant stated with the current situation, the rezoning will open the door to many new clients who may want to use the structure entirely as a residence, entirely as a business, or for a live -work situation. A neighbor expressed concern with the property redeveloping under the proposed MU -N zoning and the height and architecture associated with a redevelopment being typical of many of the scrapes in the Highlands and near Tennyson Street in Denver. The applicant noted the interest they've received on the property has been for utilization of the existing structure. But it is possible a buyer could purchase the property to scrape it, though they felt the economics did not support this scenario, as the lot is fairly small. Staff noted typically single-family homes and duplexes in the City are not subject to any architectural rules or regulations. However, under the MU -N zoning, a single-family home would have to comply with the Mixed Use architectural standards. Staff also noted the maximum heightfor a residential structure in the MU -Nis 35 feet, which is the same as the adjacent R-2 zoned properties. Commercial heights are allowed up to 50 feet, which is the same as the adjacent Neighborhood Commercial, Restricted Commercial, and Commercial -One zone districts along 44" Avenue. Additionally, the size of the property would be a limiting factor for many redevelopment scenarios because the site would need to accommodate parking, drainage, setback and open space requirements. Planning Commission 14 CaseNo. WZ-18-02/Wedgwood • A neighbor questioned if a marijuana business would be allowed on the site after the rezoning, Marijuana related businesses are notpermitted in the MU -N zone district. Additionally, the City has a cap limiting the number of retail marijuana businesses to 5. Even if one closed, there are required buffers from City parks, and Hopper Hollow Park is across the street from this property and the adjacent commercially zoned properties. • A neighbor was concerned about the presence of multiple Remax listings along the 44h Avenue corridor, and that there was a larger interest at play in redeveloping the corridor. The applicant stated that Remax is a large company, and each Remax office is individually owned and operated. The applicant personally does not have all of the listings along the 44`h Avenue corridor. • A neighbor questioned whether halfway houses and homeless shelters would be allowed on the property under the new zoning. Halfway houses and shelters are not listed in the City's use charts, and would not be allowed. • The neighbor bordering directly to the south stated that the unknown is always a bit concerning, but he felt comfortable with this rezoning due to the surrounding land uses and property owners, whom they personally know. • Another neighbor agreed with this sentiment. Aside from the neighbors at the meeting, staff received no comment from others in the area regarding the proposal. Planning Commission 15 CaseNo. WZ-18-02/Wedgwood