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PGS 2 $18.00 DF $0.00
Electronically Recorded Jefferson County, CO
CITY OF WHEAT RIDGE Faye Griffin, Clerk and Recorder TD1000 N
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNCIL BILL NO. 07
ORDINANCE NO. 164U–
Series
640Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6320 WEST "TH AVENUE FROM
NEIGHBORHOOD COMMERCIAL (N -C) TO MIXED USE -
NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-02
WEDGWOOD)
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, Chris Wedgwood has submitted a,land use application for approval
of a zone change to the Mixed Use -Neighborhood (MU=N) zone district for property
located at 6320 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 March 1, 2018 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 Chris Wedgwood for approval of a zone change
ordinance from Neighborhood Commercial (N=C) 'to Mixed Use -Neighborhood
(MU -N) for property located at 6320 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:
THAT PART OF BLOCK 11, LAKE VIEW SUBDIVISION, DESCRIBED AS
FOLLOWS: BEGINNING AT A POING 83 FEET WEST OF THE NORTHEAST
CORNER OF THE EAST ONE-HALF OF THE NORTH ONE-HALF OF SAID
BLOCK 11; THENCE WEST 75 FEET; THENCE SOUTH 150 FEET; THENCE
EAST 75 FEET; THENCE NORTH 150 FEET TO THE POINT OF BEGINNING,
EXCEPT PORTION THEREOF DESCRIBED IN BOOK 679 AT PAGE 375,
ALSO KNOWN AS 6320 W. 44TH AVENUE, WHEAT RIDGE, CO 80033
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. Severabili • Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 12th day of March, 2018, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 9, 2018 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 ' to 1 , this 9th day of April - 2018.
SIGNED by the Mayor on this 9th day of April , 2018.
�LJ l
OF WHFgr�R Bud Starker, Mayor
ATTEST: O
EAL
J nelle Shaver, City rl , O
CLORA�
7Apas to orm
Gerald Dahl, City Attorne
15t publication: March 15, 2018
2nd publication: April 12, 2018
Wheat Ridge Transcript:
Effective Date: April 27, 2018
I� C L/ r 5 4„`4 4 ), o^ D12,, A h
City of a_,I)
]��Wh6atRidgc p p
l
� �t /V ITEM NO:
DATE: April 9, 2018
V � rti� Soh
REQUEST FOR CIMCOUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2018 — AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 6320 WEST
44TH AVENUE FROM NEIGHBORHOOD COMMERCIAL (N-
C) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO.
WZ-18-02/WEDGWOOD)
® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (03/12/2018)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (04/09/2018)
❑ RESOLUTIONS
QUASI-JUDICIAL: ® YES ❑ NO
Community Development Director City Manager
ISSUE•
The applicant is requesting approval of a zone change from Neighborhood Commercial (N -C) to
Mixed Use -Neighborhood (MU -N) for property located at 6320 W. 44th Avenue. The purpose of
the rezone is to allow the property to be utilized commercially, residentially, or a mix of the two.
The proposed rezoning area includes one parcel, the total size of which is approximately one
quarter of an acre.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on March 1, 2018, 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 $857.25 were collected for the review and processing of Case No. WZ-18-02.
Council Action Form — Wedgwood Rezoning
April 9, 2018
Page 2
BACKGROUND:
The property is located at 6320 W. 446' Avenue in the northeast quadrant of the City, directly
south from Hopper Hollow Park. The property is currently zoned Neighborhood Commercial (N-
C) which allows a limited range of commercial uses, such as office, general business, retail sales,
and service establishments, which are oriented towards the local community and neighborhood.
The primary structure on the property was originally built in 1948 as a single-family dwelling and
has served a variety of purposes over the years. The City's building permit records show that
commercial signage was approved for the property in 1973. Additionally, the City's sales tax
records show that commercial business licenses were issued in 2003, 2006, and 2012.
Surrounding Land Uses
The site is zoned Neighborhood Commercial (N -C), and surrounding properties include a variety
of zoning designations and land uses. To the north of the subject property along 44th Avenue are
properties zoned Commercial -One (C-1), Neighborhood Commercial (N -C), and Mixed Use -
Neighborhood (MU -N), all of which serve smaller scale commercial services, with the exception
of one parcel which is occupied by Hopper Hollow Park. As you move further north from 44a'
Avenue, the zoning transitions to Residential -Two (R-2) and Residential -Three (R-3), which allow
for medium density development in the form of single-family, two-family, and multi -family
residential properties. To the east and west are properties zoned Restricted Commercial (R -C),
Neighborhood Commercial (N -C), and Residential -Two (R-2). To the south is a neighborhood
comprised of R-2 zoning, with the land use matching that zoning designation, with mostly single-
family homes.
Current and Proposed Zoning
The proposed zone district, MU -N, provides for similar smaller -scale, neighborhood -serving
commercial services as the existing N -C zone district. The significant difference between the
existing and proposed zone districts is in the treatment of residential uses. In the N -C 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 N -C zoning.
Unlike in Neighborhood Commercial, new single family residential is a permitted use in the
Mixed Use -Neighborhood zone district. The zone change would allow the property to be used
residentially, commercially, or for a mix of residential and commercial.
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 — Wedgwood Rezoning
April 9, 2018
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 07-2018 an ordinance approving the rezoning of property
located at 6320 West 440i Avenue from Neighborhood -Commercial (N -C) to Mixed Use -
Neighborhood (MU -N) (Case No. WZ-18-02/Wedgwood), 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."
a
"I move to deny Council Bill No. 07-2018 an ordinance approving the rezoning of property
located at 6320 West 44h Avenue from Neighborhood -Commercial (N -C) to Mixed Use -
Neighborhood (MU -N) (Case No. WZ-18-02/Wedgwood), on second reading for the following
reasons:
REPORT PREPARED/REVIEWED BY:
Zack Wallace Mendez, Planner II
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 07-2018
2. Planning Commission staff report with attachments
3. Planning Commission hearing minutes
kN
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNCIL BILL NO. 07
ORDINANCE NO.
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 6320 WEST 44TH AVENUE FROM
NEIGHBORHOOD COMMERCIAL (N -C) TO MIXED USE -
NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-02 /
WEDGWOOD)
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, Chris Wedgwood has submitted a land use application for approval
of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property
located at 6320 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 March 1, 2018 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 Chris Wedgwood for approval of a zone change
ordinance from Neighborhood Commercial (N -C) to Mixed Use -Neighborhood
(MU -N) for property located at 6320 W. 44' 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:
THAT PART OF BLOCK 11, LAKE VIEW SUBDIVISION, DESCRIBED AS
FOLLOWS: BEGINNING AT A POING 83 FEET WEST OF THE NORTHEAST
CORNER OF THE EAST ONE-HALF OF THE NORTH ONE-HALF OF SAID
BLOCK 11; THENCE WEST 75 FEET; THENCE SOUTH 150 FEET; THENCE
EAST 75 FEET; THENCE NORTH 150 FEET TO THE POINT OF BEGINNING,
EXCEPT PORTION THEREOF DESCRIBED IN BOOK 679 AT PAGE 375,
ALSO KNOWN AS 6320 W. 44TH AVENUE, WHEAT RIDGE, CO 80033
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.
ATTACHMENT 1
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- Conflictinq Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 12th day of March, 2018, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 9, 2018 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 . . , 2018.
SIGNED by the Mayor on this._— day of , 2018.
Bud Starker, Mayor
ATTEST.
Janelle Shaver, City Clerk
Approved as to Form
Gerald Dahl, City Attorney
1St publication: March 15, 2018
2"d publication:
Wheat Ridge Transcript:
Effective Date:
!o hCity of _ge fes// Weat ��
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Planning Commission MEETING DATE: March 1, 2018
Zack Wallace Mendez
WZ-18-02 /Wedgwood
Approval of a zone change from Neighborhood Commercial (N -C) to Mixed
Use -Neighborhood (MU -N).
LOCATION OF REQUEST: 6320 W. 44'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 Map
Planning Commission
Case No. W7-18-02 /Wedgwood ATTACHMENT 2
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. 44' 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. 44a` Avenue. The property is approximately a quarter of an
acre in size and located on the south side of 44th Avenue, directly south of Hopper Hollow Park.
Currently the property contains two structures &hLbit ), Aeries. 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 :�iit 3, Applicant .Utter). 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 44th Avenue and Hopper
Hollow Park. To the northwest across 44th 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 usesgxhibt 2, Zonis
Planning Commission 2
Case No. WZ-18-02 I 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. In 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
Case No. WZ-18-02 / Wedgwood
CURRENT ZONING
PROPOSED ZONING
Neighborhood Commercial riIC)
Mixed Use -Neighborhood (MU -1)
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 propetly line
0-12' alon front ijropertv 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
Case No. 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 NU -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 fmd 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 44h 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
Case No. WZ-18-02 I 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 44' Avenue; these concerns and the discussion from the meeting are summarized
in the meeting summary Exhibit 6 1Ve 40449'od 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
Case No. WZ-I8-02 / 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. 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 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."
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. 44th Avenue, for the following reasons:
1.
2. »
Planning Commission
Case No. WZ-18-02 /Wedgwood
EXHIBIT 1: AERIAL
Planning Commission
Case No. WZ-18-02 / Wedgwood
1
EXHIBIT, 2: ZONING MAP
mol
WheazRLdge
Geographic
Information Systems
Legend
Subject Property
Displayed Zone DisMcts
Reeidential-Two (R-2)
Residential -Three (R-3)
Commerclal-One (C-1)
Neighborhood
Commercial (NC)
Restricted
Commercial (RC) )1
Mixed Use
Neighborhood (MU -N)
I
�Tw
i
�'L
H.
arae Pane co "to pf*cwn N
coWado COW Zm
Planning Commission 8
Case No. WZ-18-02 / Wedgwood
EXHIBIT 3: APPLICANT LETTER
NARRATIVE
Greetings,
I have asked my Agent, Van C. Wedgwood to assist me in re -zoning 6320 W. 40 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. l 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
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
th A enue
�__..
-+- -
Subject PropeOy
Parks and
Open Space
Primary Gateway
(Intersection of
44" & Harlan)
Neighborhoods
S" Chapter 3 Crftifa for
diAoararont Nalphbarhood typos
MLi
Neighborhood
Commercial Corridor
(44'h Avenue and
Harlan Street)
Planning Commission 10
Case No. WY -18-02 /Wedgwood
EXHIBIT 5: SITE PHOTOS
�twk..,• z. ^r-
,_ - � ifllaE9"1�#4E nmII�NIiRKi aq�ll�
:e -
View of the subject property looking southwest from 441 Avenue. The main structure can be seen in
the middle, with an accessory building to the left, and a sign from 1973 to the right.
Planning Commission 11
Case No. WZ-18-02 / Wedgwood
w;. C
WITS.-
�C41
� r
AM
View of the western border of the subject property. A Restricted -Commercial (R -C) zoned office
building occupies the parcel to the west.
J
Planning Commission 12
Case No. W7-18-02 / Wedgwood
EXHIBIT 6: NEIGHBORHOOD MEETING
Meeting Date: January 9, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center, 2nd Floor Conference
Room
Property Address: 6320 W. 44th 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. 44th 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 44th
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. 40
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. 44th 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. 44th 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
Case No. 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 44th 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-Nzoning, a single-family home
would have to comply with the Mixed Use architectural standards.
Staff also noted the maximum height for a residential structure in the MU -N is 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 44th 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
Case No. WZ-18-02 / Wedgwood
• A neighbor questioned if a marijuana business would be allowed on the site after the rezoning,
Maryuana related businesses are not permitted in the MU-Nzone district. Additionally, the
City has a cap limiting the number of retail marijuana businesses to S. 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 44t` 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 441h
Avenue corridor.
• A neighbor questioned whether halfway houses and homeless shelters would be allowed on the
property under the new zoning.
Hatay 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
Case No. W7--18-02 / Wedgwood
1.
2.
3.
4.
5.
6.
♦�I%�
of
.!P'V'WheatRidge
PLANNING COMMISSION
Minutes of Meeting
March 1, 2018
CALL THE MEETING TO ORDER
The meeting was called m order by Chair OHM at 7:06 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
PLEDGE OF ALLEGIANCE
Dirk Boden
Alan Bucknam
Emery Dorsey
Janet Leo
Scott Ohm
Donna Kimsey
Amanda Weaver
Vivian Vos
Lauren Mikulak, Planning Manager
Zack Wallace Mendez, Planner 11
Robin Eaton, Deputy City Clerk
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 5-0.
APPROVAL OF MINUTES — February 15, 2018
It was moved by Commissioner DORSEY and seconded by Commissioner LEO to
approve the minutes of February 15, 2018, as'written. Motion carried 5-0
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes
March 1, 2018
ATTACHMENT 3
-1—
7. PUBLIC HEARING
A. Case No. WZ-18-02: 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 44h 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 property owner were to have commercial
aspirations for this property if the height could potentially go to 50 feet. He also
asked about commercial parking requirements.
Mr. Wallace Mendez said it will depend on the square footage of the building.
Ms. Mikulak added that there are minimums and maximums for parking in MU -N,
but it is generally based on square footage, which averages one space for every 250
sq. ft. of interior space. This property could not park a large building because it is
too small.
Commissioner LEO asked if the sole purpose of this request is to make it easier to
sell.
Mr. Wallace Mendez said the owner would like to make the property more
marketable. Some prospective buyers would like to have a startup business in part
of the house as well as live in the other half which is not allowed in the current
zoning.
Van Wedgewood, 3251 Tabor Ct.
Representative of the Owner
Mr. Wedgewood explained that the property was under contract by a young couple,
she is a lawyer and he is in law school. Their plan was to open a law firm and use
the house as live,/work until the firm grew. He mentioned there were other similar
inquiries, but this home could not be rebuilt as a home if it was destroyed due to
the zoning.
No members of the public wished to testify.
It was moved by Commissioner DORSEY and seconded by Commissioner
LEO to recommend APPRIOVAL of Case No. WZ-18-02, a request for
approval of a zone change from Neighborhood Commercial (N -C) to Mixed
Planning Commission Minutes -2—
March
2—
March 1, 2018
Use -Neighborhood (MU -1) for property located at 6320 W. 440 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 is 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 5-0
8. OLD BUSINESS
9. NEW BUSINESS
Ms. Mikulak mentioned there will be a meeting on March 15, 2018.
10. ADJOURNMENT
It was moved by Commissioner BODEN and seconded by Commissioner
BUCKNAM to adjourn the meeting at 7:24 p.m. Motion carried 5-0.
Ohm, b6isir Tammy OdeA9 Recording Secretary
Planning Commission Minutes -3—
March
3—
March 1, 2018
WZ-18-02 / Wedgwood
6320 W. 44th Avenue
Request for approval of a zone change
from Neighborhood Commercial (N -C) to
to Mixed Use-Neighborhood(MU-N)
City Council April 9, 2018
MU -114
Zoning Map
5
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W i . ' 1 r raw
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Vicinity Map
Zoning
Neighborhood Commercial (N -C)
Existing commercial ...can remain
...can add accessory residence
...cannot convert to residential
Mixed Use Neighborhood (MU -N)
Commercial, residential, mixed use all permitted
Comprehensive Plan
i
Envision Wheat Ridge
— 441h is a Neighborhood Commercial Corridor
— Encourages mix of uses
Staff Recommendation
Staff concludes:
— Zone change will promote public welfare
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
Staff recommends APPROVAL of the request.
Process
Neighborhood Meeting:
— Held on January 9, 2018
— 6 neighbors in attendance
Referral:
— No concerns from any referral agencies or City
Departments a
I*,4I
r City Of
POSTING CERTIFICATION
CASE NO. WZ-18-02
CITY COUNCIL HEARING DATE:
I, (,-L V CU{
residing at 3
as the applicant for Case No
Public Hearing at
April 9, 2018
J CS Z33
(name)
(address) j
WZ-18-02 hereby certify that I have posted the Notice of
6320 W. 40 Avenue
on this Z L day of _ , L�'.,— 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 th"osition shown on
{,.
the map below.
Signature:
NOTE: This form must be submitted at the public hearing on this case and will be placed in the
applicant's case file at the Community Development Department.
AP
City Of
Wheat I 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.
Rk The sign must be visible from the street without obstruction.
a 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 Spm on April 9, 2018.
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.
TO:
CASE MANAGER:
CASE NO. & NAME
ACTION REQUESTED:
City of
Wheat�ide
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Planning Commission MEETING DATE: March 1, 2018
Zack Wallace Mendez
WZ-18-02 /Wedgwood
Approval of a zone change from Neighborhood Commercial (N -C) to Mixed
Use -Neighborhood (MU -N).
LOCATION OF REQUEST: 6320 W. 441 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 Map
bi'
Planning Commission 1
Case No. WZ-18-02 I 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. 44h 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. 44a' Avenue. The property is approximately a quarter of an
acre in size and located on the south side of 44a' 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 (Exhibit 3, Applicant 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 44' Avenue and Hopper
Hollow Park. To the northwest across 44a' 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 '(Exhibit 2, Zoning Map).
Planning Commission
Case No. W7-18-02 / 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. In 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
Case No. WZ-I8-02 I 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
Case No. WZ-I8-02 I 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 NU -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 44th 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 40' 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 4
Case No. 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 MLT -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 401 Avenue; these concerns and the discussion from the meeting are summarized
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.
Planning Commission
Case No. WY -18-02 I 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. 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 44a' 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. 44`h Avenue, for the following reasons:
1.
2. »
Planning Commission
Case No. WZ-18-02 / Wedgwood
EXHIBIT 1: AERIAL
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Geographic
Information Systems WWI
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Subject Property
Planning Commission
Case No. WZ-18-02 / Wedgwood
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Plane Coordimle Projection N
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Datum: NA093 N
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EXHIBIT 2: ZONING NIAP
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Wh -at dge
Geographic
Information Systems
Legend _
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Displayed Zone Districts
Residential -Two (R-2)
Residential -Three (R-3)
Commercial -One (C-1)
Neighborhood
Commercial (NC)
Restricted
Commercial (RC)
Mixed Use
Neighborhood (MU -N)
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Planning Commission 8
Case No. WZ-18-02 /Wedgwood
EXHIBIT 3: APPLICANT LETTER
NARRATIVE
Greetings,
I have asked my Agent, Van C. Wedgwood to assist me in re -zoning 6320 W. 44`x' 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�I'%St%A'4 /�Uzow4
Christina Kuzmych, Trustee
Rostyslaw Kuzmych Trust Number One
3131 Reynolds St.
Laramie, Wyoming 82072
Planning Commission
Case No. W7-18-02 /Wedgwood
EX111BIT 4: COMPREU ENSI E PLAN
_ 4th Avenue
Subject Property
Parks and
Open Space
+ 3
v, J,
AMIL-
Ftp»
Primary Gateway
(Intersection of
44th & Harlan)
1.
Neighborhoods
see Chapter 3 Criteria Tor
diMererent Neiohhorhood types
R�
93
4,
Neighborhood
Commercial Corridor
(440' Avenue and
Harlan Street)
1_
KE
Planning Commission 10
Case No. WZ-18-02 / Wedgwood
EXHIBIT 5: SITE PHOTOS
View from the front sidewalk of the property looking directly north towards Hopper Hollow Park.
Planning Commission 11
Case No. WZ-18-02 I Wedgwood
w�
�` • r TTI
i
r
View of the western border of the subject property. A Restricted -Commercial (R -C) zoned office
building occupies the parcel to the west.
Planning Commission 12
Case No. W7-18-02 /Wedgwood
EXHIBIT 6: NEIGHBORHOOD MEETING
Meeting Date: January 9, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center, 2nd Floor Conference
Room
Property Address: 6320 W. 44th 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. 44th 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 441h
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. 44th
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. 44th 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
Case No. 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 44th 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 height for a residential structure in the MU -N is 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`h 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
Case No. WZ-18-02 /Wedgwood
• A neighbor questioned if a marijuana business would be allowed on the site after the rezoning,
Marijuana related businesses are not permitted in the MU-Nzone 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'
Avenue corridor.
• A neighbor questioned whether halfway houses and homeless shelters would be allowed on the
property under the new zoning.
Hatay 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
Case No. WZ-I8-02 / Wedgwood
WZ-18-02 / Wedgwood
6320 W. 441h Avenue
Request for approval of a zone change
from Neighborhood Commercial (N -C) to
to Mixed Use-Neighborhood(MU-N)
Planning Commission
MU -N
Zoning Map
March 1, 2018
r•I'� aF �� y1 � ■ �` •L
1 - .�i 1 .k •.•ut rY '•� ��
Vicinity Map
} 1.
i7
6320 W. 44th Avenue
Looking north
�a µ�
4Rt
Looking southwest
111z. -
s
Y-
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,�*�Pw��=•w+dCt , ..+._
Ih-MUM +�
Looking south along eastern property line
Zoning
Neighborhood Commercial (N -C)
Existing commercial ...can remain
...can add accessory residence
...cannot convert to residential
Mixed Use Neighborhood (MU -N)
Commercial, residential, mixed use all permitted
Comprehensive Plan
Envision Wheat Ridge
— 441h is a Neighborhood Commercial Corridor
— Encourages mix of uses
Neighborhood Meeting:
— Held on January 9, 2018
— 6 neighbors in attendance
Referral:
— No concerns from any agency
C
Process
Staff Recommendation
Staff concludes:
— Zone change will promote public welfare
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
Staff recommends APPROVAL of the request.
Development Standards
MU•14
N -C + ASD M
Uses
Residential, neighborhood scale
Neighborhood scale commercial uses.
commercial, or mixed use.
Architecture
Mixed Use Code
Architectural and Site Design Manual
Building Height
35' if residential
35'
50' all other
Build -to
0-12 feet, 60% (north)
0-12 feet, 60% (north)
Setbacks
South and East: 10' for 2 story
South: 10' +5' each addt'I (landscaped)
building +5' per additional
East: 5' per story (landscaped)
story (landscaped)
West: S' per story
West: 0'
(0' if nonflammable)
Lot Coverage
90% for mixed use
8A%
85% for single use
Landscape
10% for mixed use
70%
15% for single use
Comprehensive Plan
Envision Wheat Ridge
— 441h is a Neighborhood Commercial Corridor
— Encourages mix of uses
Neighborhood Meeting:
— Held on January 9, 2018
— 6 neighbors in attendance
Referral:
— No concerns from any agency
C
Process
Staff Recommendation
Staff concludes:
— Zone change will promote public welfare
— Zone change to MU -N supported by adopted plans
— MU -N is compatible with surroundings
Staff recommends APPROVAL of the request.
City ofe
Wh6at",�
POSTING CERTIFICATION
CASE NO. WZ-18-02
CITY COUNCIL HEARING DATE:
I, r/kNS ♦r� �vwov
March 1. 2018
u (name)
residing at 2 SI 1 c,•%c�c `� , �1�1�.-e c �►� L U ���� }
(address)
as the applicant for Case No. WZ-18-02 hereby certify that I have posted the Notice of
Public Hearing at �1 ca �!� rc— 2 IZO Le e.�e,�`y ►�� i N,-
-(location
on this dayof rw r 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 this case and will be placed in the
applicant's case file at the Community Development Department.
MAP
r
City of
Wheat �dge
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.
ff 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 March 1,
2018.
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.
f City of
�dge��"Wheat
MMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291 Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26-109.1))
February 14, 2018
Dear Property Owner / Current Resident:
This is to inform you of Case No. WZ-18-02 an application filed by Chris Wedgwood for
approval of a zone change from Neighborhood Commercial (NC) to Mixed Use -Neighborhood
(MU -N) for property located at 6320 West 44a' 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:
Plannine Commission _ March 1, 2018 (u, 7:00 p.m.,
City Council April 9. 2018 (a-, 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. If you have any questions or desire to review any plans, please
contact the Planning Division at 303-235-2846.
Thank you,
City of Wheat Ridge Planning Division
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Ifyou need inclusion assistance, please call Sara Spaulding, Public
Information Officer, at 303-235-2877 at least one week in advance of the meeting.
www.ci.wheatridge.co.us
V_ icinity Map
Site
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WZ1802.doc
BETHEL KOREAN PRESBYTERIAN CHURCH BLOOM ALAN BOHLINE SUE BUNNELL MICHAEL H
6415 W 44TH AVE PO BOX 19765 4355 KENDALL ST
WHEAT RIDGE CO 80033 BOULDER CO 80308 WHEAT RIDGE CO 80033
BYRON HEATHER L CARNATION SQUARE CONDOMINIUMS CHRISTOPHER DONALD DAVID
4340 LAMAR ST ASSOC INC 4355 LAMAR ST
WHEAT RIDGE CO 80033 6410 W 44TH PL #A-2 WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
CONWAY DREAMS LLC CONWAY RYAN CONWAY LISA EMILY MARCIA
6390 W 44TH AVE 6375 W 44TH AVE PO BOX 2125
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80034
FLESHER HERVEY S FLESHER KAY F GINTZLER MATTHEW GUTIERREZ EDWARD J GUTIERREZ
4300 KENDALL ST 4365 KENDALL ST KIMBERLY AT
4290 KENDALL S
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGESCO 80033
HALL RICHARD F HALL LAVONNE HEATON CHRISTOPHER HEATON KAYLA HORN TODD ROBERT
4375 LAMAR ST 6205 W 43RD AVE 6250 W 43RD AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
HUGHES STEPHEN O KLESSIG JOSEPH P LOMBARDI DELORES E
6300 W 44TH AVE 4345 LAMAR ST 3395 ZEPHYR CT
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
LOWERY ZACHARY A LOWERY NICOLE LYNNS PROPERTIES LLC MASSEY MARY KAY
4370 LAMAR ST 6290 W 44TH AVE 4360 LAMAR ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
MOUNTAIN GOLD LIMITED
NGUYEN THANH C
PUBLIC SERVICE COMPANY OF COLORADO
6301 W 44TH AVE
6235 TENNYSON ST
PO BOX 840
WHEAT RIDGE CO 80033
ARVADA CO 80003
DENVER CO 80201
RATCLIFF SHIRLEY M RATCLIFF KATHLEEN
ROSTYSLAW KUZMYCH TRUST NUMBER
SANCHEZ CHRISTOPHER D SANCHEZ FELICIA
ANN
ONE
MR
4380 LAMAR ST
3131 REYNOLDS ST
4270 KENDALL ST
WHEAT RIDGE CO 80033
LARAMIE WY 82072
WHEAT RIDGE CO 80033
SANDERS DEBRA R SVARE JOHN R
STRAIGHT LISA MARIE
STRICKLAND AMANDA LAUREN
4345 KENDALL ST
4350 KENDALL ST
4385 KENDALL ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
TAHR LLC TAMMAM FAMILY PARTNERSHIP LP TILCO INVESTMENTS LLC
4131 CLAY ST PO BOX 392 SUSAN PINKOWITZ
DENVER CO 80211 BROOKLYN NY 11235 2445 S MONROE STDENVER CO 80210
VETOS WILLIAM G VETOS ROSEMARY L WHITE ROBERT WHITE ELIZABETH DOYLE
5473 SECREST CT 4375 KENDALL ST
GOLDEN CO 80403 WHEAT RIDGE CO 80033
City of
Wheat d e
CQMMUMITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave.
February 1, 2018
Chris Wedgwood
realwedgwood@gmail.com
Re: WZ-18-01 — 1St Review
Dear Mr. Wedgwood:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your application for a zone change on property located at 6320 W. 441'
Avenue. The first submittal of your application has been reviewed, and there are no requests for
additional information at this time. The Planning Division has no comments regarding your
proposal. The following comments were received during the referral period from outside agencies
and city departments:
City of Wheat Ridge Public Works: See attached comments from Dave Brossman dated
January 17, 2018.
West Metro Fire Protection District. See attached comments from Bruce Kral dated
January 24, 2018.
Xcel Energy: See attached comments from Donna George dated January 24, 2018.
Century Link: See attached comments from Dustin Pulciani dated January 31, 2018.
All comments are provided as an attachment to this memo. Please let me know if you have any
questions.
Sincerely,
;wz llt
Zack Wallace Mendez
Planner II
303-235-2852
zwallace@ci.wheatridge.co.us
cc: Case file (WZ-18-01)
Enclosures
City of
Wheat R di e
PUBLIC WORKS
Memorandum
TO: Zack Wallace Mendez, Planner II
FROM: Dave Brossman, Development Review Engineer
DATE: January 17, 2018
SUBJECT: WZ-18-02/Wedgwood — 6320 W. 44h Avenue.
I have completed my review for the request for approval of a zone change from
Neighborhood Commercial (NC) to Mixed Use Neighborhood (MU -N) for the property
located at 6320 W. 44th Avenue received on January 16, 2018, and I have the following
comments:
It does not appear that the current rezoning proposal entails any site changes
which could trigger traffic or drainage requirements. Public Works has no
comments regarding this rezone proposal.
To Zack - 6620 W44th_Wedgwood Re-Zone_lst Review.docx
433 S. Allison Parkway
Lakewood, CO 80226
Bus: (303) 989-4307
Fax: (303) 989-6725
www.westmetrofire.org
West Metro Fire Protection District
January 24, 2018
Zack Wallace Mendez
Planner II
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2852
Fax: 303-234-2845
zwallace@ci.wheatridge.co.us
Re: Case No. WZ-18-02 (6320 West 44a' Avenue — Rezone)
Dear Mr. Mendez,
This property is within the West Metro Fire Protection District (WMFPD). Fire service will be provided
as long as provisions of the International Fire Code, 2012 edition, including amendments, are met in
development.
WMFPD has no comments or concerns for the proposed rezoning. Future development must comply
with the City's adopted fire code and be approved by the WMFPD.
Permits are required from the fire district all work on automatic fire protection systems, all work on
automatic fire detection systems, underground fire line, solar photovoltaic systems, radio amplification,
and for the storage of hazardous materials including the removal and placement of fuel storage tanks.
WMFPD reserves the right to provide additional comments/requirements at the time when plans are
submitted and reviewed per applicable codes and amendments.
If you have any questions contact me at 303-989-4307 extension 513 or e-mail: bkral[�i,,westmetrofire.ort'.
Respectfully,
Bruce Kral
Fire Marshal
"Whatever It Takes"... To Serve
XcelEnergysm
PUBLIC SERVICE COMPANY
January 24, 2018
City of Wheat Ridge Community Development
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn: Zack Wallace Mendez
Re: Wedgwood, Case # WZ-18-02
Right of Way & Permits
1123 West 31 Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571.3284
donna.l.george@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk
reviewed the request for the Wedgwood Rezone. Please be advised that PSCo has
existing overhead electric distribution facilities within the areas indicated in this
proposed rezone. Public Service Company has no objection to this proposed rezone,
contingent upon PSCo's ability to maintain all existing rights and this amendment
should not hinder our ability for future expansion, including all present and any future
accommodations for natural gas transmission and electric transmission related
facilities.
If you have any questions about this referral response, please contact me at (303) 571-
3306.
Donna George
Contract Right of Way Referral Processor
Public Service Company of Colorado
From: Pulciani, Dustin
To: Zackary Wallace
Subject: RE: Wheat Ridge Referral - Case No. WZ-18-02
Date: Wednesday, January 31, 2018 3:44:16 PM
Zack,
CenturyLink has no objection to the proposed application.
Dustin Pulciani, ROW Agent
Century Link
700 W. Mineral Ave., Littleton, CO 80120
Cell: 720-520-3133
Dustin.Pulciani@centurylink.com
ee"
ItYCenturyLink-
lrf,477
Stronger Connected'
From: Zackary Wallace[mailto:zwaIlace@ci.wheatridge.co.us]
Sent: Tuesday, January 16, 2018 3:59 PM
To: Pulciani, Dustin <Dustin.Pulciani@centurylink.com>
Subject: Wheat Ridge Referral - Case No. WZ-18-02
Dustin,
The Wheat Ridge Community Development Department has received a request for approval of a zone
change at 6320 W. 44th Avenue (Case No. WZ-18-02). You may access and download the application
contents at the following dropbox link:
https://www.dropbox.com/sh/87161 xzds8t7k76/AAB06eEi8aBkQi3FRuiP9sYFa?d1=0
Comments are due by Wednesday, January 31, 2018; no response from you will constitute having no
objections or concerns. Feel free to be in touch with any additional questions.
Thank you,
Zack Wallace Mendez
Planner II
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303-235-2852
Fax: 303-234-2845
www.ce.wheatrodae.co.us
CiLy of
µ� h t Og
CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual
or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage
or use of This communication is prohibited. If you received this communication in error, please notify us immediately by e-mail,
attaching the original message, and delete the original message from your computer, and any network to which your computer is
connected. Thank you.
Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader
can be downloaded here: hft�//aet.adobe.com/reader!
This communication is the property of CenturyLink and may contain confidential or privileged
information. Unauthorized use of this communication is strictly prohibited and may be
unlawful. If you have received this communication in error, please immediately notify the
sender by reply e-mail and destroy all copies of the communication and any attachments.
MARTIN/MARTIN
CONSULTING ENGINEERS
January 17, 2018
Zack Mendez
City of Wheat Ridge
Community Development
7500 West 29t1 Avenue
Wheat Ridge CO 80033
Email: zwallace@ci.wheatridge.co.us
Re: Wheat Ridge Sanitation District — 6320 West 44th Avenue — WZ-18-02
Martin/Martin, Inc Project No.: 17.0633.C.01
Dear Mr. Mendez,
On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the
following in response to the referenced referral dated January 16th, 2018 concerning request for a zone change at 6320
West 44th Avenue. The Wheat Ridge Sanitation District has no objection for approval of the zone change from
Neighborhood Commercial (NC) to Mixed Use — Neighborhood (MU -N) conditional on the elements identified herein
are fully addressed. The following are general requirements for sanitary sewer service. Rules, Regulations and
Standards of the District must be complied with at all times.
The property referenced above is entirely within the boundary and service area of WRSD and is currently providing
service to a commercial unit. Treatment of sewage generated within the WRSD is provided by the Metro Wastewater
Reclamation District (Metro).
Existing Sanitary Sewer Mains
Wheat Ridge Sanitation District has the following sanitary sewer mains in the vicinity of the proposed property:
• 10 -inch mainline running west to east, north of the referenced property within West 44th Avenue.
It appears from existing records that the property may be serviced by gravity flow; however, the developer is
responsible for determining vertical depths and horizontal locations of District facilities to verify if gravity flow is
capable of servicing lots or if private individual sewage ejectors (lift station) are required. Each unit requires a separate
connection to a WRSD main.
Costs
All costs involved are to be deposited in advance— engineering, reviews, design, construction, observation and
inspections — and are the responsibility of the Owner/Developer at the then current rate fee structure. Please be
aware that proper tap and inspection fees are required to be paid prior to connection to the District main. A
minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can
be paid directly to the District Office prior to connection, payable to Wheat Ridge Sanitation District, which also collects
Metro Wastewater's "connection fees".
If future improvements to the site or modifications to the sanitary service are required due to the new zone change or
if a new sanitary sewer connection or easements are planned on the parcel, these modifications/improvements will
require review by the District according to the Standards, Rules, and Regulations set forth by WRSD, which are available
upon request.
MARTIN/MARTIN, INC.
12499 WEST COLFAX AVEN U E
LAKEWOOD, COLORADO 80215
MAIN 303.431.6100
MARTIN MARTIN.COM
Wheat Ridge Sanitation District — 6320 West 44th Avenue — WZ-18-02
January 17, 2018
Any questions regarding this document, please contact us at (303) 431-6100.
Sincerely,
/' �. - , � I/--- - �-' - zz_
Bill Willis
District Engineer
Cc: Mike Bakarich, CPA
Tim Flynn, Collins Cockrel & Cole
Page 212
City of Community Development
�W heat jdgie 7500 West 29th Avenue
CC muNlTY DEVELOPMENT Wheat Ridge, Colorado 80033
Ph: 303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date Mailed: January 16, 2018
Response Due: January 31, 2018
The Wheat Ridge Community Development Department has received a request for approval of a zone
change at 6320 W. 44th Avenue.
No response from you will constitute having no objections or concerns regarding this proposal.
Case No.: WZ-18-02 /Wedgwood
Request: The applicant is requesting a zone change from Neighborhood Commercial (NC) to Mixed
Use — Neighborhood (MU -N). The applicant is proposing the zone change to allow the
property to accommodate live -work.
The subject property is located on the south side of 44th Avenue, between Kendall Street and
Lamar Street. The property measures approximately 11,250 square feet (0.258 acres) and
contains a structure constructed in 1948. The structure was originally constructed as a home,
but was converted to a commercial structure, with several businesses operating from the site
over the past few decades. Since the property is zoned commercially, it can only continue to
operate as a commercial structure. Rezoning to Mixed Use — Neighborhood would allow the
property to be used commercially, residentially, or as a live -work (mixed-use) building.
Please respond to this request in writing regarding your ability to serve the property. Please specify
any new infrastructure needed or improvements to existing infrastructure that will be required. Include
any easements that will be essential to serve the property as a result of this development. Please
detail the requirements for development in respect to your rules and regulations. If you need further
clarification, contact the case manager:
Case Manager: Zack Wallace Mendez
Phone: 303.235.2852 Email: zwallace@ci.wheatridge.co.us
DISTRIBUTION:
Wheat Ridge Water District
Wheat Ridge Sanitation District
West Metro Fire District
Xcel Energy
Century Link
Comcast Cable
Fax: 303.235.2852
Wheat Ridge Police Department
Wheat Ridge Public Works
Wheat Ridge Building Division
Wheat Ridge Economic Development
Vicinity Map
Y 0f r .
Wheatl<dge
Geographic
Information Systems -
Le-gend a
Subject Property j0p,
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Slate Plane Coordinate Projection N
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+• Datum: NA083 !\
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,pb, I•tlb'�'Wf gMrM 1t
submitted BY Al
City of planner. lncomp:
roo0rWh6at1?1.,Ldge be accepted—refs
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 h N Phone "`bWgEmail r,� ) Wp,��"i - 6w.�,.,1,G�n,.
Address, City, State, Zip
Owner �,A-c V,
Phone 12?1 W2QEmail
Address, City, State, Zip
Contact
Phone Email
Address, City, State, Zip
(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): C7;26 W ,
li"
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
13 Subdivision - specify type:
O Planned Development (ODP, SDP)
O Conditional Use Permit
O Administrative (up to 3 lots)
0-Plannedd Building Group
C1 Site Plan
Q 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:
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 must submit power-of-attorney
from the owner which approved of this action on his behalf.
Notarized Signature of Applicant -/
State of Color do
County of r,5bn } ss
The foregoing ins ent (Land Use Processing Application) was acknowledged by me this
by ZL tP LeCC11
11(LC -cf- o- t\- My commission expires jai/_Z6 /20
Nota Public
To be filled out by staff:
day of / ,n L -a ry , 20
JULIE LEECH
Notary Public - State of Colorado
Notary ID 20174020110
My Commission Expires May 10, 2021
Date received l " 12 -17 Fee $ Case No. L) I - I L- D
Comp Plan Design. Receipt No. Quarter Section Map S Q 2-14
Related Case No. Pre -App Mtg. Date ( - cc - Case Manager
Assessor's Parcel No.�.,I g1 3 -66 • oag Current Zoning e, (i, 6 _[—,., AfC- Current Use
Size (acres or sgft) / { it t' f- Proposed Zoning M: it •� U -- /Url,,rkma Proposed Use
Lly
Rev 1/2212016
City of Wheat Ridge
2018-01-12 14:37 CDBA
ZONING APPLICATION FEES
CDA017983 AMOUNT
FMSD ZONING APPLICATION FEE 632.25
FMSD ZONING REIMBURSEMENT F 225.00
PAYMENT RECEIVED AMOUNT
MC / 8712 857.25
AUTH CODE: 06899E
TOTAL 857.25
14
' City of
Wh6at�dge
CommuNrry MwLopmmt
Submittal Checklist: Zone Change (straight zone district)
Project Name: b � 2 6 W, t1l �� Ay
Project Location-:- (33-7-t> '." , L-1 4� ve.
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:
Rev. 512014
_1 . Completed, notarized land use application form
_2. Application fee
v 3. Signed submittal checklist (this document)
V-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
77. Approved legal description on the Current City Datum with proper section and PHAC ties:
per City Geodetic Requirements, in Microsoft Word format
—8. Certified boundary and improvement survey of the property
�9. Written 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
_ 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 (2"d) full review, 1 will be subject to the applicable resubmittal
fee.
Signature: Date: (/ I 1 1
Name (please print): w �a Phone: -203 - W -Lo
Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us
Chris Wedgwood and Van Wedgwood with RE/MAX Alliance are proposing a rezoning from
Neighborhood Commercial (N -C) to Mixed Use -Neighborhood (MU -N) on property located at 6320 W.
40 Ave.
January 10, 2018
To Whom it May Concern,
Please consider this letter as my authorization for Van C. Wedgwood and/or Chris
Wedgwood to submit the Land Use Case Processing Application on my behalf for
the property known as 6320 W. 44th Ave., Legal Description:
That part of Block 11, Lake View Subdivision, described as follows:
Beginning at a point 83 feet West of the Northeast corner of the East one-half of
the North one-half of said Block
11; thence West 75 feet; thence South 150 feet; thence East 75 feet; thence North
150 feet to the Point of
Beginning, except portion thereof described in Book 679 at Page 375,
County of Jefferson, State of Colorado
Thank you!
eb"�" /pk 01/10/2018
Christina Kuzmych, Trustee
Rostyslaw Kuzmych Trust Number One
6320 Legal Description:
That part of Block 11, Lake View Subdivision, described follows: Beginning at point 83 feet west of the as
a Northeast corner of the East one-half of the North one-half of said Block 11; thence west 75 feet;
thence South 150 feet; thence East 75 feet; thence North 150 feet to the point of beginning, EXCEPT
portion thereof described in Book 679 at page 375, also known 6320 W. 44th Avenue, Wheat Ridge, CO
80033,
NARRATIVE
Greetings,
I have asked my Agent, Van C. Wedgwood to assist me in re -zoning 6320 W. 44th 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.
a%soa t a-zffr4 11/27/2017
Christina Kuzmych, Trustee
Rostyslaw Kuzmych Trust Number One
3131 Reynolds St.
Laramie, Wyoming 82072
CORRECTIVE
.PE[ ---:IAL WARRANTY DEED
RBMMO 1 M F1330955
L 10103/2001 9:31:44 PG: 001-001
This deed is made-' PAGE FEE: 5.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
BY: Rostyslaw Kuzmych, whose address is 4385 Kendall St_, Wheat
Ridge, CO 80033
GRANTOR,
TO. The Rostyslaw Kuzmych Trust Number One, whose address is c/o
-- Rostyslaw Kuzmych, Trustee, 4385 Kendall Street, Wheat Ridge,
CO 80033,
GRANTEE.
For the payment of Ten Dollars and other good and valuable
consideration, in hand paid and received, GRANTOR sells and conveys
to GRANTEE the following real property in the County of Jefferson,
State of Colorado:
w
Ee That part of Block 11, Lake View Subdivision, described
92 rs as follows: Beginning at a point 83 feet west of the
IS
C%J Northeast corner of the East one-half of the North one -
r' -J, half of said Block 11; thence west 75 feet; thence South
v1 150 feet; thence East 75 feet; thence forth 150 feet to
Q the point of beginning, EXCEPT portion thereof described
r ,. C= in Book 579 at page 375,
also known as 6320 W. 44th Avenue, Wheat Ridge, CO 80033,
with all.anpurtenances, and warrants the title to the same against
all persons claiming under GRANTOR, subject to taxes and
assessments for the year 2001 and subsequent years, and to
reservations, rights of way, easements, restrictions, covenants,
and encumbrances of record.
Executed this day of Septe er, 2001.
Rostysl Kuzmych `
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this oC
day of September, 2001, by Rostyslaw Kuzmych.
Witness my hand and official seal.
KARI L SCOTT
*S NOTARY PUBLIC
&Aft TOP COLORADO
Notary Pfubflci
My Commisslon EXAMS SePL 22Z 200!1
r City Of
j�dgc
COMMUNITY DEVELOPMENT
City of wheat Ridge Municipal Building 7500 W. 29h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
NOTICE TO MINERAL ESTATE OWNERS
APPLICANTS: You must submit this completed form to the Community Development Department no later
than ten (10) days before the public hearing on your application. Failure to complete and submit this
Certification of Notice shall constitute sufficient grounds to reschedule your public hearing.
I,
(Print name)
as
(Position/Job Title)
of/with
(Entity applying for permit/approval)
(hereinafter, referred to as the "Applicant'), do hereby certify that notice of the application for
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.
0 Check here if there are no mineral estate owners of any portion of the subject property.
I hereby further certify that I am authorized by the Applicant to make representations contained herein and
act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these
representations by my signature below.
Dated this I Vy� day of --'S cNNV 20 lam,
By
City of
CWheat�dge
MMUNiTY 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.
City of
Wheat jOgle
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
NEIGHBORHOOD MEETING NOTES
Meeting Date: January 9, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center, 2" Floor Conference Room
Property Address: 6320 W. 44th 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. 44th 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 44' 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. 44th
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. 44th 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.
www.d.wheatridge.co.us
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`h 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-Nzoning, a single-family home
would have to comply with the Mixed Use architectural standards.
Staff also noted the maximum height for a residential structure in the MU -N is 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 44th 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.
• A neighbor questioned if a marijuana business would be allowed on the site after the rezoning,
Marijuana related businesses are not permitted in the MU-Nzone district. Additionally, the City
has a cap limiting the number of retail marijuana businesses to S. 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 441 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 ofce.is individually
owned and operated. The applicant personally does not have all of the listings along the 441
Avenue corridor.
• A neighbor questioned whether halfway houses and homeless shelters would be allowed on the
property under the new zoning.
Hatay 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.
Zone Change Process
Step 1:
Pre -application Meeting
I
Step 2:
Neighborhood Meeting
Step 3:
Submit Complete Application
Step 4:
Staff Review, Referral
(Typically 15 days)
Step 5:
Comments to Applicant
Changes Necessary?
Yes I I No
Step 6:
Publish Request/Post Property for
Planning Commission Public Hearing
(15 days prior to public hearing)
I
Step 7:
Staff Report for
Planning Commission Public Hearing
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)
i
Step 13:
FPacket to City Council for Public Hearing
• City of
`]%heat id�e
COMMUNITY DEVELOPMENT
6320 W. 44th Avenue
Proposed zone change from Neighborhood Commercial (NC) to
Mixed Use -Neighborhood (MU -N)
zoning Map
R=3:
I,
AW
N -C MU -N ►- k} �.
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COMMUNITY 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
1.
2.
3.
4.
5.
January 9, 2018 — 6 PM
Neighborhood Meeting
6320 W. 44th Avenue
Proposed Zone change from Neighborhood Commercial (NC)
to Mixed Use — Neighborhood (MU -N)
PLEASE PRINT
Name Address
c,�
P,*O.p— �5 w r
3 Fs— (1_, jA p 57-/
1
6.� so pl y
7.
s.
9.
10.
11.
12.
13.
14.
15.
16.
4160 LAMAR STREET LLC 4265 KENDALL PLACE CONDOMINIUM ASSN INC ZIMMERMAN EVA
04160 LAMAR ST 04398 W HINSDALE AVE 04200 KENDALL ST
WHEAT RIDGE CO 80033 LITTLETON CO 80128 WHEAT RIDGE CO 80033
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 ARROYO AILEEN H AVALOS JOHN A
03733 NEWTON ST 06220 W 43RD AVE 06410 W 44TH PL B-1
DENVER CO 80211 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
BAKER CHRISTOPHER L BEASLEY BANKS K BERGTHOLD KEVIN A BERGTHOLD JESSICA M
04485 JAY ST 06190 W 42ND AVE 04335 KENDALL ST
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 ST JOHNS ST
04355 KENDALL ST
WHEAT RIDGE CO 80033
ERIE CO 80516
WHEAT RIDGE CO 80033
CARNATION SQUARE CONDOMINIUMS ASSOC
COVENANT REFORMED PRES CHURCH EVAN
BYRON HEATHER L
INC
CARRILLO CLIFFORD JR
04340 LAMAR ST
06410 W 44TH PL A-2
04430 JAY ST D
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
CHRISTOPHER DONALD DAVID
CONWAY DREAMS LLC
CONWAY RYAN CONWAY LISA
04355 LAMAR ST
06390 W 44TH AVE
06375 W 44TH AVE
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
COVENANT REFORMED PRES CHURCH EVAN
COOK RONALD D COOK KAREN M
COSTANTEN CANDACE J
SYNOD
07048 S COOK CT
04335 LAMAR ST
06100 W 44TH AVE
CENTENNIAL CO 80122
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
D ANGELIS ANNETTE DAVIDSON RUSSELL C DIETER ERIC
04300 MARSHALL ST 04351 MARSHALL ST 06135 W 42ND AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
DRAFTZ TIMOTHY F DRAFTZ HILARY A EGGLESTON KIMBERLY E GOMENDI DAVID A ELLERD DAVID
04341 MARSHALL ST 06450 W 44TH PL A-6 06320 W 45TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
ELLIS L LANCE TRUST EMILY MARCIA FLESHER HERVEY S FLESHER KAY F
06410 W 44TH PLAC A-2 PO BOX 2125 04300 KENDALL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80034 WHEAT RIDGE CO 80033
FOOTHILLS PROPERTIES FOUR WALLS LLC FOUTS ROBIN
03131 REYNOLDS 13905 W LAYTON CIR 00334 BUNNY RD
LARAMIE WY 82072 MORRISON CO 80465 BAILEY CO 80421
FREDRICKSON LESLIE CLAIRE GALLEGOS HAROLD L GALLEGOS ELLEN PRADO WILLIAMS JAY M
04430 JAY ST B 09133 W 66TH PL 06150 W 42ND AVE
WHEAT RIDGE CO 80033 ARVADA CO 80004 WHEAT RIDGE CO 80033
GALLEGOS MARTIN L
GALLEGOS REINALDO E GALLEGOS MARIANNE
WOOD RYAN WOOD JESSICA H
06410 W 44TH PL A-3
14970 CLINTON ST
04295 LAMAR ST
WHEAT RIDGE CO 80033
BRIGHTON CO 80602
WHEAT RIDGE CO 80033
GARCIA HECTOR S
HAPPY HOLDINGS LLC
UNITED PROPERTY MANAGEMENT
GARRAMONE GREG
GAUGER NORMAN
00712 S PEARL
04380 MARSHALL ST
06973 DOVER WAY
DENVER CO 80209
WHEAT RIDGE CO 80033
ARVADA CO 80005
GESI MARGARET L
GINTZLER MATTHEW
GONZALEZ VALERIE
06335 W 53RD AVE
04365 KENDALL ST
04225 LAMAR ST
ARVADA CO 80002
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
GRIEVE JOSEPH J JR GRIEVE DANIELLA L GRIEVE
HAPPY HOLDINGS LLC
FRANCIS P
GROSS BILLIE G GROSS MONIQUE M
GUNTHER RICHARD K GUNTHER TIA M
06450 W 44TH PL 2
04311 MARSHALL ST
04165 JAY ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
GUTIERREZ EDWARD J GUTIERREZ KIMBERLY A
HAFFLEY EMILY M
HALL DANIELLE M
04290 KENDALL ST
06450 W 44TH PL A7
06450 W 44TH PL A8
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
HAPPY HOLDINGS LLC
HALL RICHARD F HALL LAVONNE
CRAIG COOK
HARROLD THERESA J
04375 LAMAR ST
PO BOX 544
06410 W 44TH PL B-3
WHEAT RIDGE CO 80033
INDIAN HILLS CO 80454
WHEAT RIDGE CO 80033
HEATON CHRISTOPHER BLICHARZ KAYLA HOPPE CORY HORN TODD ROBERT
06205 W 43RD AVE 06410 W 44TH PL B-4 06250 W 43RD AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
ILNICKI CASIA ILNICKI DANIEL
JESTER BRENT
KEELEYJERI L
06504 W 44TH PL
04420 JAY ST A
04370 JAY ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
KOCH KARL
KOCH KARL
KLESSIG JOSEPH P
JEFFCO TREAS
JAY STREET TOWNHOUSES
04345 LAMAR ST
00100 JEFFERSON COUNTY PKWY 2520
01745 SHEA CENTER DR 400
WHEAT RIDGE CO 80033
GOLDEN CO 80419
LITTLETON CO 80129
KOVTUN LEONID KOVTUN GALINA LAFORE MARIA E LAKE STEVE R
06162 TENNYSON ST 04170 JAY ST PO BOX 439
ARVADA CO 80003 WHEAT RIDGE CO 80033 MIDWAY UT 84049
LAUFER GENE D LEE WOO JAE LOMBARDI DELORES E
01099 5 7TH AVE 04420 JAY ST D 03395 ZEPHYR CT
YUMA AZ 85364 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
WARNER MARNA K LOMBARDI VICTOR J LOWERY ZACHARY A LOWERY NICOLE
04340 MARSHALL ST 14060 W 30TH LN 04370 LAMAR ST
WHEAT RIDGE CO 80033 GOLDEN CO 80401 WHEAT RIDGE CO 80033
LUDWIG JULIE L LYNNS PROPERTIES LLC MAES DAVID
04255 LAMAR ST 06290 W 44TH AVE 04330 LAMAR ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
MAEZTHE RESA M MAI VUI MAKELKY WILLIAM E LIFE ESTATE
06410 W 44TH PL Al 08202 YUKON CT 10705 YATES DR
WHEAT RIDGE CO 80033 ARVADA CO 80005 WESTMINSTER CO 80031
MARTENS TYSON MARTINEZ ELIJIO JORGE MASSEY MARY KAY
04275 LAMAR ST 06450 W 44TH PL B3 04360 LAMAR ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
MCKEAN BRENDA L MEIER JESSICA MILLER PATTY L
06400 W 45TH AVE 06450 W 44TH PLAC B-1 04320 MARSHALL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
MOORE NICHOLAS A MORANETZ MARIO MOSTRANGELI RENA
06450 W 44TH PL B-4 02268 S ISABELL ST 06275 W 42ND AVE
WHEAT RIDGE CO 80033 LAKEWOOD CO 80228 WHEAT RIDGE CO 80033
MOUNTAIN GOLD LIMITED
06301 W 44TH AVE
WHEAT RIDGE CO 80033
NAGY CONDOMINIUM ASSOCIATION INC
TREASURES OFFICE
00100 JEFFERSON COUNTY PKWY
GOLDEN CO 80419
OJOHN CAVANAUGH OJOHN KIMMI
06155 W 42ND AVE
WHEAT RIDGE CO 80033
PATTERSON KRISTINE
04455 INGALLS ST
WHEAT RIDGE CO 80033
POLITZKI PAULA E
06450 W 44TH PL A-5
WHEAT RIDGE CO 80033
QUIGLEY MICHAEL D SHUSHUNOV CLARA
04375 MARSHALL ST
WHEAT RIDGE CO 80033
ROSTYSLAW KUZMYCH TRUST NUMBER ONE
03131 REYNOLDS ST
LARAMIE WY 82072
WHITE ROBERT WHITE ELIZABETH DOYLE
04375 KENDALL ST
WHEAT RIDGE CO 80033
WILDE DAVID L WILDE DIANE L
04290 MARSHALL ST
WHEAT RIDGE CO 80033
NGUYEN THANH C
06235 TENNYSON ST
ARVADA CO 80003
OLIVA LARIZA C OLIVA TOMAS E OLIVA JUAN
JOSE
04719 PIERCE ST
WHEAT RIDGE CO 80033
PHILLIPS RONNIE C PHILLIPS MARY C
04240 KENDALL ST
WHEAT RIDGE CO 80033
POTOMAC PROPERTIES LLC
10662 W 35TH PL
WHEAT RIDGE CO 80033
RATCLIFF SHIRLEY M RATCLIFF KATHLEEN ANN
04380 LAMAR ST
WHEAT RIDGE CO 80033
RUIZ OSCAR
06280 W 45TH AVE
WHEAT RIDGE CO 80033
SANCHEZ ANDREW S WITTY MACK P
06410 W 44TH PL B2
WHEAT RIDGE CO 80033
MURAD JOSEPH
04420 JAY ST B
WHEAT RIDGE CO 80033
NORTON JAMES H
04360 MARSHALL ST
WHEAT RIDGE CO 80033
PANPRADITH BOUAKHAM
04420 JAY ST C
WHEAT RIDGE CO 80033
PIERSON MICHAEL VICTOR PIERSON TINA
SAMIDE
04475 JAY ST
WHEAT RIDGE CO 80033
PUBLIC SERVICE COMPANY OF COLORADO
PO BOX 840
DENVER CO 80201
ROSTYSLAW KUZMYCH TRUST NUMBER ONE
03131 REYNOLDS ST
LARAMIE WY 82072
RUMPELTES PAUL W
04355 INGALLS ST
WHEAT RIDGE CO 80033
SANCHEZ CHRISTOPHER D SANCHEZ FELICIA MR
04270 KENDALL ST
WHEAT RIDGE CO 80033
SANCHEZ LORRAINE SANCHEZ DANIEL SANDERS DEBRA R SVARE JOHN R SHIELDS LEONARD SHIELDS CONNIE
04320 LAMAR ST 04345 KENDALL ST 04310 MARSHALL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
SLEHZ LLC
STANFIELD THERESA M
STANO DEBRA A STANO THOMAS S
06425 W 44TH AVE
06410 W 44TH PL A-4
06295 W 42ND AVE
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
STOECKMAN DEBBIE J STOECKMAN
STENZEL ERIC R STENZEL ANDREA E
CHRISTOPHER J
STRAIGHT LISA MARIE
04360 JAY ST
04365 MARSHALL ST
04350 KENDALL ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
STURTEVANT SHANNON SUNNY LU MCLENNAN REVOCABLE TRUST TAHR LLC
03560 OTIS ST 04430 JAY ST C 04131 CLAY ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 DENVER CO 80211
TILCO INVESTMENTS LLC
TAMMAM FAMILY PARTNERSHIP LP TAVES STACIA SUSAN PINKOWITZ
PO BOX 392 04440 JAY ST D 02445 S MONROE ST
BROOKLYN NY 11235 WHEAT RIDGE CO 80033 DENVER CO 80210
TRINITY BAPTIST CHURCH OF DENVER TURNER DANIEL VARELA ALEX
04490 NEWLAND ST 04325 KENDALL ST 06410 W 44TH PL B-5
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
VETOS WILLIAM G VETOS ROSEMARY L VTM PROPERTIES LLC
05473 SECREST CT 08202 YUKON CT
GOLDEN CO 80403 ARVADA CO 80005
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06255 W 43RD AVE 04410 JAY ST 06205 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06505 W 44TH AVE 06191 W 44TH AVE 06195 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06500 W 44TH AVE 06220 W 43RD AVE 04331 MARSHALL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06410 W 44TH AVE 04385 KENDALL ST 06409 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06525 W 44TH AVE 06490 W 44TH AVE 04350 LAMAR ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
04440 JAY ST C 04350 MARSHALL ST 06390 W 45TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06320 W 44TH AVE 04285 KENDALL ST 06421 W 44TH PL
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
04375 INGALLS ST 06410 W 44TH PL A-5 06411 W 44TH PL
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
04170 LAMAR ST 06240 W 44TH AVE 06302 W 45TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
04370 NEWLAND ST 06556 W 44TH AVE 04415 JAY ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
06200 W 44TH AVE 04410 JAY ST 04440 JAY ST A
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT
06161 W 44TH AVE
WHEAT RIDGE CO 80033
CURRENT RESIDENT
06300 W 44TH AVE
WHEAT RIDGE CO 80033
CURRENT RESIDENT
04385 LAMAR ST
WHEAT RIDGE CO 80033
CURRENT RESIDENT
04465 JAY ST
WHEAT RIDGE CO 80033
CURRENT RESIDENT
04445 JAY ST
WHEAT RIDGE CO 80033
CURRENT RESIDENT
06401 W 44TH PL
WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
04440 JAY ST B 06431 W 44TH PL 04462 JAY ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
City Of
Wh6atPidge
COMMUNITY DEVELOPMENT
PRE -APPLICATION MEETING SUMMARY
Meeting Date: December 6, 2017
Applicant: Van Wedgwood, Re/Max
Chris Wedgewood
Attending Staff: Meredith Reckert, Senior Planner
Scott Cutler, Planning Technician
Specific Site Location: 6320 W. 441i Avenue
Existing Zoning: Neighborhood Commercial (N -C)
Existing Comp. Plan: Neighborhood / Neighborhood Commercial Corridor
Existing Site Conditions:
The property is located on the south side of W. 441i Avenue, between Kendall Street and Lamar Street.
The site is directly across the street from Hopper Hollow Park. The site is currently home to a house
which has been converted into an office building. There is paved parking adjacent to 4411 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. 446'
are primarily commercial in nature. The property to the west is zoned Restricted Commercial (R -C)
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. 40 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. 441i 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 (N -C) 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.
Will a neighborhood meeting need to be held prior to application submittal?
Yes, a zone change application requires a neighborhood meeting.
Planning comments:
The following items were discussed based on the applicant's proposal:
Zoning & Use
The zoning is Neighborhood -Commercial (N -C), which is a fairly restrictive zone district and does not
permit freestanding residential uses. Staff is supportive of a rezone to Mixed Use — Neighborhood
(MU -N) because it allows for a flexibility of uses and has strict architectural and site design standards
for new construction. Properties across W. 446' Avenue to the northwest were recently re -zoned to
MU -N in order to provide that same flexibility of uses.
Utility Providers
The City of Wheat Ridge is not a full-service city
include:
The utility and service providers for this property
• West Metro Fire Protection District, phone: 303-989-4307
• Wheat Ridge Water District, phone: 303-424-2844
• Wheat Ridge Sanitation District, phone: 303-424-7252
All land use applications will be sent out on referral to these agencies for comment; however, staff
encourages potential applicants to contact service districts ahead of time. This may help to understand
any design or infrastructure requirements and potential costs associated with the proposed project.
Building Division comments:
The applicant was encouraged to work with the Building Division to set up a courtesy walkthrough
regarding what may be required for building upgrades and fire protection.
New construction, including interior remodeling, will require building permits, and the issuance of a
Certificate of Occupancy upon completion of the project, and only after passing all of the required
inspections.
The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014
Edition of the National Electric Code. The City uses the ANSI 117.1-2009 Standard in determining
requirements related to accessibility.
Public Works comments:
Public Works was not present at the meeting and will not have comments.
Review Process
This request will require a zone change.
Neighborhood Meeting
The first step in the rezoning process is the pre -application meeting, which took place on December 6,
2017. The next step is to conduct a neighborhood meeting. The applicant is responsible for drafting a
letter that will be delivered (via mail or hand delivery) to all property owners and current residents in a
600 -foot radius of the subject property. The letter must be approved by the Community Development
department PRIOR to sending. The Community Development department can provide the applicant
with a neighborhood meeting letter template and samples, if necessary. Additionally, the Community
Development department will pull the property and resident information from the County records and
provide the applicant with mailing labels. The applicant will coordinate with the Community
2
Development department on the time and location of the neighborhood meeting. The meeting may be
held in the Wheat Ridge Municipal Building Conference Room, or any other location the applicant
desires. There is a $100 fee for the meeting, and an additional 50 -cent fee for each page of mailing
labels provided to the applicant (average is about $243).
Staff will be present at the meeting to answer any zoning, land use, and process related questions.
However, the applicant will lead the meeting and inform the audience about the proposal.
Rezoning Application
Once the neighborhood meeting is complete, a formal complete application may be submitted by
appointment with a planner. The complete application will be assigned a case number and case
manager. The case manager will be the applicant's point of contact at the City for the duration of the
zone change process. The case manager will review the application, and once all submittal
requirements are met, the application will be sent out on referral to outside service agencies (Xcel
Energy, water district, fire district, etc.) and other City agencies (Public Works, Economic
Development, etc.) for review. The referral period is 15 days, during which time the referral agencies
and departments may submit comments on the application. These comments, as well as those from the
case manager, will be forwarded to the applicant. Modifications to the planned development document
may be requires as a result of these comments.
After all comments have been addressed, a public hearing before Planning Commission will be
scheduled. A public hearing before Planning Commission will require the property to be posted. The
posting period lasts 15 days and requires a sign be posted on the property. Additionally, the
Community Development department will send out written notification of the hearing to all property
owners within a 300 -foot radius of the subject property. During the public hearing at Planning
Commission, the case manager will present the rezoning case to Planning Commission, and based on
an established set of criteria present evidence to support a recommendation of approval, approval with
conditions, or denial of the rezoning. The applicant and the public will have the opportunity to present
evidence and provide testimony in support or opposition of the rezoning application. The Planning
Commission will then recommend approval, approval with conditions, or denial of the rezoning. This
recommendation will be forwarded to City Council for review and decision.
Regardless of Planning Commission's recommendation, the rezoning will automatically be scheduled
for a public hearing before City Council. The City Council hearing will require an additional posting
period. This posting period lasts 15 consecutive days and will require a sign to be posted on the
property. The Community Development Department will also mail out notification of the hearing to
all property owners within 300 -feet of the subject site. At the public hearing before City Council, the
case manager will present the case, and based on an established set of criteria present evidence to
support a recommendation of approval, approval with conditions, or denial of the zone change. The
applicant, and the public, will be allowed to present evidence and provide testimony in support of
opposition of the zone change. The City Council will then make a decision of approval, approval with
conditions, or denial based on the testimonies provided by staff, the applicant, and the public.
Attachments: Zone Change application checklist
Note: Please be aware that the above comments are for general information purposes only. Staff
cannot predict the outcome of any land use development application. A favorable response from
staff does not obligate any decision-making body (Community Development Director, Public
Works Director, Planning Commission and/or City Council) to a desired outcome. Staff will
provide the best advice available given existing regulations, current policy, political climate and
information submitted.
Phone Numbers
Meredith Reckert — Senior Planner 303-235-2848
Lauren Mikulak — Planning Manager 303-235-2845
Zack Wallace Mendez — Planner II 303-235-2852
Scott Cutler — Planning Technician 303-235-2849
Brian Tardif — Interim Chief Building Official 303-235-2853
Dave Brossman — Development Review Engineer 303-235-2864
Mark Westberg — Projects Supervisor 303-235-2863
Steve Art — Economic Development Manager 303-235-2806
4
NARRATIVE
Greetings,
I have asked my Agent, Van C. Wedgwood to assist me in re -zoning 6320 W. 44`" 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.
C4^t,sOa A-axaad 11/27/2017
Christina Kuzmych, Trustee
Rostyslaw Kuzmych Trust Number One
3131 Reynolds St.
Laramie, Wyoming 82072
PROPERTY DESCRIPTON
6320 W. 44th Ave. is sometimes referred to as the Trident Realty building due to the sign that exists in front of the
building. The building is a one story, block and stucco structure, 1562 square feet in size. There is no basement.
Additionally, there is an over -sized one car detached garage. The building is configured as a residence with 2 bedrooms,
full kitchen, 1 % bathrooms, living room, dining room and family room with wet bar and fireplace.
The latest use for the property was as a residence. The last tenant occupied the property as a residence for
approximately three years. Previous uses included; a Real Estate office with square dance studio, an accounting office
and a call center office.
The lot measures 76' north boundary (along 44th) 123' east boundary, 75' south boundary, 124' west boundary, for a
total of 11,250 square feet. There is currently off street parking for 5 cars, including the one car garage.
The property is bordered on the east and south by single family residences (112 Zoned). On the west is a commercial
building zoned RC.
The current zoning of the property is Neighborhood Commercial (NC)
4' 111 w
ndall St.
Will 77�
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assumes no liability whatsoever associated with the use or misuse of this data This data is provided "as W
and Jeiferson County disclaims all representations and warranties expressed or implied, including without ti
limitation all representations and warranties as to the completeness, accuracy, correctness, merchantability
and fitness for a particular purpose of any data and any and all warranties of title related thereto.
Jefferson County Colorado
Author:
Date: 11/22/2017
• It's zoned commercially.
• The Assessor lists the property as commercial, and there is no CO on file indicating otherwise.
• The only building permits on file are for signs and roofs, including a 1973 sign permit for a realty
company and three roofing permits (1980, 1994, and 2017). The permit this summer was issued
as a residential roofing permit, but I don't think that indicates we approve the structure as a
residential occupancy.
• Three business licenses have been issued for the property since 2003 none of which are noted
as home occupations in ADG.
• The listing for the property says, "Most recently used as a residence but was formerly used as an
office building," yet there are no building permits indicating any type of conversion which would
suggest the conversion from office building to residence was done illegally.
The property is zoned N -C and the existing building is an old house that was converted into a
commercial structure. The County shows the property as commercial and lists office/converted
residential as the building type. We also have issued business licenses for that address, including for
uses that would not be allowable as home occupations.
The realtor has listed the property in a manner that indicates it could be used residentially or
commercially. I just spoke with someone who was trying to secure financing for the property as a live -
work situation, and it sounds like the property is.currently being used as a residence. However, since the
property has was converted to a commercial use, I informed her it can't go back to a residential or semi -
residential use (mixed use) under the current zoning.