HomeMy WebLinkAboutWZ-18-072018044441 6/1712018 8: 54 A M
PGS 3 $23.00 DF $0.00
Electronically Recorded Jefferson County, CO
Faye Griffin, Clerk and Recorder TD1000 N
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 10
ORDINANCE NO. 1643
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 11221 WEST 44TH AVENUE FROM
COMMERCIAL -ONE (C-1) AND AGRICULTURAL -ONE (A-1)
TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-
071 CHRISP)
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 11221 West 44th Avenue; and,
WHEREAS, the City of Wheat Ridge has.adopted a comprehensive plan—
Envision Wheat Ridge—which calls fora 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 has adopted a subarea plan--.Fruitdale
Subarea Plan—which calls for a mix of uses within this area of 44th Avenue; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 5, 20.18 and voted to recommend approval of, rezoning the property to Mixed -
Use -Neighborhood (MU -N),
NOW THEREFORE BE)T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT'RIDGE,' COLORADO:
Section 1.. Upon application by `Francesca Chrisp for approval of a zone change
ordinance from Commercial -One (C71) and Agricultural -One (A-1) to Mixed Use -
Neighborhood (MU -N) for properly located at.11221 W. 4411 Avenue, and .
pursuant to the findings made�based on tesfiimoriy ari�d evidence presented -at a
public hearing before the Wheat'Ridge City Council, a -zone change is approved
for the following described land.:
A parcel of land situated, lying and being -in the County of Jefferson; State of
Colorado, described as follows, to wit:
THAT PORTION OF THE EAST HALF (E1/2) OF THE NORTHWEST QUARTER
(NW1/4) OF SECTION TWENTY-ONE (SEC. 21)', TOWNSHIP THREE (3)
SOUTH OF RANGE SIXTY-NINE (69) WEST, COMMENCING AT THE POINT
OF INTERSECTION.OF THE. WEST. LINE,OF SAID LAND AND THE NORTH:,
LINE OF THE COUNTY,ROAD; KNOWN AS THE NORTH GOLDEN AND
DENVER ROAD, JEFFERSON AVENUE OR WEST FORTY-FOURTH
AVENUE, RUNNING THENCE -NORTH ALONG THE WEST LINE'OF SAID
LAND SEVEN HUNDRED AND TEN (710) FEET, T.HENCE'EASTERLY TWO
HUNDRED FIFTY-FIVE (255) FEET, THENCE SOUTH. PARALLEL. -WITH THE
WEST LINE OF SAID LAND SEVEN HUNDREND:AND TEN FEE(710) TO
THE NORTH LINE OF SAID ROAD, THENCE WESTELY TWO HUNDRED .
FIFTY-FIVE (255) FEET TO THE PLACE OF BEGINNING;
EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF WHEATRIDGE, A
MUNICIPAL CORPORATION,.'BY INS.TRUM-E.NTS:RECORDED NOVEMBER
18, 1970 IN BOOK 2221 AT PAGE 663, JANUARY 1.2, 1971 IN BOOK 2231 AT
PAGE 545, JUNE 30, 1978 AS RECEPTION NO. 78059221, AND OCTOBER
217 1985, AS RECEPTION NO. 85101326; AND EXCEPT ANY PORTION
LYING WITHIN BLAGDON SUBDIVION, RECORDED NOVEMBER 22, 1955 IN
PLAT BOOK 15 AT PAGE 45,
TOGETHER WITH THE EAST 2 FEET OF THE E1/2 OF THE NE1/4 OF THE
SW1/4 OF THE NW1/4 OF SECTION 21, TOWNSHIP'3 SOUTH, RANGE 69
WEST, EXCEPT THOSE PORTIONS CONVETYED TO THE CITY OF
WHEATRIDGE, A MUNICIPAL CORPORATION., BY INSTRUMENTS..
RECORDED NOVEMBER 18, 1970 IN BOOK 2221 AT PAGE 663 AND JUNE
30, 1978 AS RECEPTION NO. 78059221.
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 beers a rational relation to the
proper legislative object sought to be attaihedd..
Section 4. Severability: Conflicting Ordinance Re ep aled. ' 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, ANDADOPTED on first re'ading:by a Vote of 7 to'0 on
this 23rd day of April, 2018, ordered it published with Public. Hearing and con'sid'eration
on final passage set for Monday, May 14, 2018 at 7:00 o'clock p.m.; in the Council
Chambers, 7500 West 291h Avenue, -Wheat Ridge, Colorado; and that it takes -effect 15
days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 , this 14th day of May , 2018.
SIGNED by the Mayor on this 14th day of Ma-: , 2018.
Bud Starker, Mayor
ATTEST:
jc PN �iiTON, I��p✓ �y li}� G/er/
/ Approv d ot'to Form -,
Gerald Dahl, City Attorney
1 St publication: April 26, 2018
2nd publication: May 17, 2018
Wheat Ridge Transcript:
Effective Date: June 1, 2018
05/18/2018 10:48 AM
1
ry0.- 7
4
•
+yrr�y� �
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1
Commercial -One (C-1)
Existing commercial
Agricultural -One (A-1)
Existing residential
Zoning
...can remain and expand
...cannot convert to residential
...can remain
...cannot add additional
residences or any commercial uses
Mixed Use Neighborhood (MU -N)
Commercial, residential, mixed use all permitted
Comprehensive Plan
Envision Wheat Ridge
— 44th is a Neighborhood Commercial Corridor
— Encourages mix of uses
Process
Neighborhood Meeting:
— Held on February 7, 2018
— 5 neighbors in attendance
Referral: - —=a
— No concerns from any agency
Subarea Plan
Fruitdale Subarea Plan
— Encourages mixed-use development in this area
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 of
Wheat�dge
ITEM NO:
DATE: May 14, 2018
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 10-2018 - AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 11221 WEST
44TH AVENUE FROM COMMERCIAL -ONE (C-1) AND
AGRICULTURAL -ONE (A-1) TO MIXED USE -
NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-07/CHRISP)
® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (04/23/2018)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (05/14/2018)
❑ RESOLUTIONS
QUASI-JUDICIAL: ® YES ❑ NO
P. ,L4�_
Community Developm nt Director City Manager
ISSUE:
The applicant is requesting approval of a zone change from Commercial -One (C-1) and
Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 11221 W.
44'h Avenue.
The proposed rezoning area includes one parcel, the total size of which is approximately 2.25
acres. The rezoning is requested to facilitate potential redevelopment of the property, which
currently contains a mix of residential and commercial uses.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on April 5, 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 $1,105.87 were collected for the review and processing of Case No. WZ-18-07.
Council Action Form — Rezoning Property at 11221 W 40' Ave
May 14, 2018
Page 2
BACKGROUND:
The subject property is located at 11221 W. 44th Avenue, in the northwestern quadrant of the City.
It is located on the north side of 44th Avenue, west of Pierson Street and currently contains a series
of structures. On the western half of the property there are four (4) single-family homes. The first
home (the largest one nearest 44th Avenue) was constructed in 1869, with the other three (3)
homes all being constructed in 1909, according to the Jefferson County Assessor. The existing
improvements on the property are considered non -conforming, as the zoning on this portion of the
property, Agricultural -One, allows for only one (1) single-family home on a minimum of one acre
of land. The construction of these homes pre -dates the City of Wheat Ridge, and zoning in
general, as Jefferson County did not adopt its first zoning code until the early 1940s. On the
eastern half of the property there is one (1) structure, listed as a "Nightclub, Bar Lounge" by the
Jefferson County Assessor, which was licensed by the City as a tavern until recently. The building
is currently vacant. It was constructed in 1942 and features a large parking lot to the rear of the
building.
The property currently consists of one parcel, despite the split zoning and multiple structures. The
only land use case in City records is a zone change in 1977 from Agricultural -One to Commercial -
One for the rear portion of the eastern half of the property, where the tavern parking lot is
currently located. The case file notes the zone change for the rear portion of the lot was to allow
for a parking lot to be constructed behind the tavern. At that point in time the tavern was already
zoned C-1. Staff was unable to find record of any zone change for the tavern area of the property.
Since this structure was constructed in the early 1940s, at the same time as Jefferson County was
establishing its first zoning code, it is possible the commercial zoning has existed on this portion
of the property since the County's first assignment of zone districts.
Surrounding Land Uses
The surrounding properties include a variety of zoning designations and land uses. To the north of
the subject property is the City of Wheat Ridge Public Works Maintenance Shop, zoned Public
Facilities (PF). To the east are properties zoned Residential -Two (R-2) and Commercial -One (C-
1), utilized for single-family homes and commercial businesses, respectively. To the south of the
subject property is 44th Avenue, and a series of properties zoned C-1 and utilized for a variety of
commercial, retail, and office establishments, in addition to a Planned Residential Development
(PRD), for the Parkside patio home development. To the southwest is the City of Wheat Ridge's
Prospect Park, zoned A-1. To the west of the subject property are a series of properties zoned A-1
and Residential -One (R-1), all utilized residentially. Further to the west and extending to Robb
Street is zoned A-1 and contains the Baugh House, owned by the City of Wheat Ridge. The Baugh
house is a building of historical significance to the City, County, and State; it is listed on the
National Register of Historic Places and the Colorado State Register of Historic Properties.
Current and Proposed Zoning
The property is currently zoned Agricultural -One (A-1) and Commercial -One (C-1). The A-1 zone
district was established to allow for residential estate living within a quasi -rural or agricultural
setting. This zone district allows single-family homes on a minimum of one acre of land in
addition to a variety of agricultural related uses such as farming, farmers markets, produce stands,
Council Action Form — Rezoning Property at 11221 W 44'x' Ave
May 14, 2018
Page 3
riding academies and public stables, in addition to governmental buildings and schools. The C-1
zone district was established to accommodate a wide range of commercial uses, such as office,
general business, retail sales, and service establishments, which are oriented towards the
community or entire region.
The applicant is 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 is
intended for "neighborhood main streets," such as 40 Avenue and 38th Avenue.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-2018 an ordinance approving the rezoning of property
located at 11221 W. 40 Avenue from Commercial -One (C-1) and Agricultural -One (A-1) to
Mixed Use -Neighborhood (MU -N), on second reading and that it take effect 15 days after final
publication for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which has
forwarded its recommendation of approval.
3. The requested rezoning has been found to comply with the criteria for review in Section
26-112.E. of the Code of Laws."
Or,
"I move to deny Council Bill No. 10-2018 an ordinance approving the rezoning of property
located at 11221 W. 44h Avenue from Commercial -One (C-1) and Agricultural -One (A-1) to
Mixed Use -Neighborhood (MU -N), 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. 10-2018
2. Planning Commission staff report with attachments
3. Planning Commission hearing minutes
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 10
ORDINANCE NO..
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 11221 WEST 44TH AVENUE FROM
COMMERCIAL -ONE (C-1) AND AGRICULTURAL -ONE (A-1)
TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-
07 / CHRISP)
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 11221 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 has adopted a subarea plan—Fruitdale
Subarea Plan—which calls for a mix of uses within this area of 44th Avenue; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 5, 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 Francesca Chrisp for approval of a zone change
ordinance from Commercial -One (C-1) and Agricultural -One (A-1) to Mixed Use -
Neighborhood (MU -N) for property located at 11221 W. 44th Avenue, and
pursuant to the findings made based on testimony and evidence presented at a
public hearing before the Wheat Ridge City Council, a zone change is approved
for the following described land:
A parcel of land situated, lying and being in the County of Jefferson, State of
Colorado, described as follows, to wit:
THAT PORTION OF THE EAST HALF (E1/2) OF THE NORTHWEST QUARTER
(NW1/4) OF SECTION TWENTY-ONE (SEC. 21), TOWNSHIP THREE (3)
SOUTH OF RANGE SIXTY-NINE (69) WEST, COMMENCING AT THE POINT
OF INTERSECTION OF THE WEST LINE OF SAID LAND AND THE NORTH
LINE OF THE COUNTY ROAD, KNOWN AS THE NORTH GOLDEN AND
DENVER ROAD, JEFFERSON AVENUE OR WEST FORTY-FOURTH
ATTACHMENT 1
AVENUE, RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID
LAND SEVEN HUNDRED AND TEN (710) FEET, THENCE EASTERLY TWO
HUNDRED FIFTY-FIVE (255) FEET, THENCE SOUTH PARALLEL WITH THE
WEST LINE OF SAID LAND SEVEN HUNDREND AND TEN FEET (710) TO
THE NORTH LINE OF SAID ROAD, THENCE WESTELY TWO HUNDRED
FIFTY-FIVE (255) FEET TO THE PLACE OF BEGINNING;
EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF WHEATRIDGE, A
MUNICIPAL CORPORATION, BY INSTRUMENTS RECORDED NOVEMBER
18, 1970 IN BOOK 2221 AT PAGE 663, JANUARY 12, 1971 IN BOOK 2231 AT
PAGE 545, JUNE 30, 1978 AS RECEPTION NO. 78059221, AND OCTOBER
21, 1985, AS RECEPTION NO. 85101326; AND EXCEPT ANY PORTION
LYING WITHIN BLAGDON SUBDIVION, RECORDED NOVEMBER 22, 1955 IN
PLAT BOOK 15 AT PAGE 45,
TOGETHER WITH THE EAST 2 FEET OF THE E1/2 OF THE NE1/4 OF THE
SW1/4 OF THE NW1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69
WEST, EXCEPT THOSE PORTIONS CONVETYED TO THE CITY OF
WHEATRIDGE, A MUNICIPAL CORPORATION, BY INSTRUMENTS
RECORDED NOVEMBER 18, 1970 IN BOOK 2221 AT PAGE 663 AND JUNE
30, 1978 AS RECEPTION NO. 78059221.
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. Severabilit • 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 231d day of April, 2018, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 14, 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
Bud Starker, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald Dahl, City Attorney
1 St publication: April 26, 2018
2"d publication:
Wheat Ridge Transcript:
Effective Date:
, 2018.
TO:
CASE MANAGER:
CASE NO. & NAME:
City of
Wheat 1<-ijge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Planning Commission MEETING DATE: April 9, 2018
Zack Wallace Mendez
WZ-18-07 / Chrisp
ACTION REQUESTED: Approval of a zone change from Agricultural -One (A-1) and Commercial -One
(C-1) to Mixed Use -Neighborhood (MU -N).
LOCATION OF REQUEST: 11221 W. 44' Avenue
APPLICANT (S)
OWNER (S):
Francesca Chrisp
SG Ventures LLC
APPROXIMATE AREA: 97,879 square feet (2.25 acres)
PRESENT ZONING: Agricultural -One (A-1) and Commercial -One (C-1)
COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
Location
Site
Planning Commission ATTACHMENT 2 1
Case No. W7-18-071Chrisp
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant and current owner of the property has submitted this application requesting approval of a
zone change from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood
(MU=N).
II. EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located at 11221 W. 40 Avenue. The property is approximately 2.25 acres in
size and located on the north side of 44b Avenue, west of Pierson Street. The property currently
contains a series of structures (Exh b t 1, Aerial. On the western half of the property, zoned
Agricultural -One (A-1), there are four (4) single-family homes. The first home (the largest one nearest
44a' Avenue) was constructed in 1869, with the other three (3) homes all being constructed in 1909,
according to the Jefferson County Assessor. The existing improvements on the property are considered
non -conforming, as the A-1 zone district allows for only one (1) single-family home on a minimum of
one acre of land. The construction of these homes pre -dates the City of Wheat Ridge, and zoning in
general, as Jefferson County did not adopt its first zoning code until the early 1940s. On the eastern
half of the property, zoned Commercial -One (C-1), there is one (1) structure, listed as a "Nightclub,
Bar Lounge" by the Jefferson County Assessor, which was licensed by the City as a tavern until
recently. This structure was constructed in 1942 and features a large parking lot to the rear of the
building.
The property currently consists of one parcel, despite the split zoning and multiple structures. The only
land use case in City records is a zone change in 1977 from Agricultural -One to Commercial -One for
the rear portion of the eastern half of the property, where the tavern parking lot is currently located.
The case file notes the zone change for the rear portion of the lot was to allow for a parking lot to be
constructed behind the tavern. At that point in time the tavern was already zoned C-1. Staff was unable
to find record of any zone change for the tavern area of the property. Since this structure was
constructed in the early 1940s, at the same time as Jefferson County was establishing its first zoning
code, it is possible the commercial zoning has existed on this portion of the property since the
County's first assignment of zone districts.
As was previously mentioned, the site is zoned both Agricultural -One (A-1) and Commercial -One (C-
1). The surrounding properties include a variety of zoning designations and land uses. To the north of
the subject property is the City of Wheat Ridge Public Works Maintenance Shop, zoned Public
Facilities (PF). To the east are properties zoned Residential -Two (R-2) and Commercial -One (C-1),
utilized for single-family homes and commercial businesses, respectively. To the south of the subject
property is 44' Avenue, and a series of properties zoned C-1 and utilized for a variety of commercial,
retail, and office establishments, in addition to a Planned Residential Development (PRD), for the
Parkside patio home development. To the southeast is the City of Wheat Ridge's Prospect Park, zoned
A-1. To the west of the subject property are a series of properties zoned A-1 and Residential -One (R-
1), all utilized residentially. Further to the west and extending to Robb Street is zoned A-1 and contains
the Baugh House, owned by the City of Wheat Ridge xha8it 2, Zoning Map). The Baugh house is a
building of historical significance to the City, County, and State it is listed on the National Register of
Historic Places and the Colorado State Register of Historic Properties.
Planning Commission
Case No. WZ-18-07 / Chrisp
III. PROPOSED ZONING
The applicant is 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," such as 40 Avenue and 38" Avenue.
The property is currently zoned Agricultural -One (A-1) and Commercial -One (C-1). The A-1 zone
district was established to allow for residential estate living within a quasi -rural or agricultural setting.
This zone district allows single-family homes on a minimum of one acre of land in addition to a variety
of agricultural related uses such as farming, farmers markets, produce stands, riding academies and
public stables, in addition to governmental buildings and schools. The C-1 zone district was
established to accommodate a wide range of commercial uses, such as office, general business, retail
sales, and service establishments, which are oriented towards the community or entire region.
The applicant intends to rezone the property in order to better position the property for redevelopment,
as the current split zoning does not easily lend itself to redevelopment opportunities� AW4 311.
j4p�licant Letter)'. The zone change will allow the property to be developed with commercial uses,
residential units, or a mix of the two. Additionally, in the short term, it will bring the existing site
conditions more into compliance with the existing Code of Laws.
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
lesser intensity than the existing C-1 zoning, however it does allow for a wider range of uses than are
permitted in the A-1 zone district.
Planning Commission
Case No. WZ-18-071 Chrisp
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood -oriented businesses. The proposed zone change would allow for more intensive
development than is currently allowed under A-1 zoning, however, the potential development
intensity under the MU -N zoning is not out of character with 441i Avenue and the wide array of
businesses and residences located in the vicinity of the subject property.
Based on the existing character and land use patterns on 44h Avenue, the MU -N zone district is
more appropriate than the split zoning between A-1 and C-1. For that reason, the zone change
should not have an adverse effect on the surrounding area.
Planning Commission
Case No. WZ-18-071 Chrisp
CURRENT ZONING CURRENT ZONING
PROPOSED ZONING
Commercial -One (C-1) Agricultural -One (A-1)
Mixed Use -Neighborhood
�
L7 -N)
Allows a wide range of
Allows for single-family
Allows residential, commercial
commercial uses including
residential and a range of
or mixed use — includes multi -
Uses
office, general business, retail
agricultural and related uses
family and live/work facilities,
sales, and service
including produce stands and
excludes outdoor storage.
establishments.
farmers markets.
Contemporary Overlay ASDM
Mixed -Use standards apply,
_
standards apply, including high
No architectural standards
including high quality
Architectural
quality architecture, standards
apply in agricultural zone
architecture, standards related
Standards
related to articulation, variation,
districts.
to articulation, variation and
materials, and trans arenc y.
materials.
35' if the building has
Max. Building
50
35
residential use
Hex
Height
50' for all other uses
Max. Building
8011%
0
25 /0
90% for mixed use
coverage
85% for single use
Min,
o
20 /0
0
25 /0
10% for mixed use
Landscaping
15% for single use
Build -to Area
0-12' along front property line
Not applicable
0-12' along front property line
Setbacks
Side setback adjacent to single -
Front
See build -to above
30 feet
family residential: 10 feet for
Side
0 feet if nonflammable or 5 feet
15 feet
the first 2 stories, additional 5
per story
feet for each additional story.
Rear
10 feet plus 5 feet per story
15 feet
Must be landscaped.
Side setback adjacent to
commercial: 0 feet
Rear setback. 5 feet
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood -oriented businesses. The proposed zone change would allow for more intensive
development than is currently allowed under A-1 zoning, however, the potential development
intensity under the MU -N zoning is not out of character with 441i Avenue and the wide array of
businesses and residences located in the vicinity of the subject property.
Based on the existing character and land use patterns on 44h Avenue, the MU -N zone district is
more appropriate than the split zoning between A-1 and C-1. For that reason, the zone change
should not have an adverse effect on the surrounding area.
Planning Commission
Case No. WZ-18-071 Chrisp
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.
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.
Infrastructure currently serves the property, and 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.
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 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 and
commercial.
Additionally, the Fruitdale Subarea Plan- was adopted for this area in 2007. The future land use
map Exhibit f, Frua dale Subarrea Pta!, denotes the area around 44d' Avenue between
approximately Owens Street and Quail Street, including the subject property, as a mixed-use
area. The subarea plan encourages redevelopment and revitalization of properties within this
area and encourages mixed use developments to create a neighborhood center. The subarea
plan speculates this neighborhood center could include neighborhood type retail or commercial
on the ground floor with residential or office on the upper floors.
This zone change request supports the comprehensive plan and subarea 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.
Planning Commission
Case No. WZ--18-07 / Chrisp
Staff has not found any evidence of an error with the current A-1 and C-1 zoning designations
as they appear on the City zoning maps.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that it is
in the public interest to encourage redevelopment of the area or to recognize the changing
character of the area.
Staff finds no evidence of significant changes in the area. The zone change request from A-1
and C-1 to NU -N neither responds to nor results in notable change of character.
Staff concludes that this criterion is not ypnlicable.
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 nota Llicable.
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 February 7, 2018. Five members of the public attended
the meeting in addition to the applicant and staff. Some concerns were raised regarding traffic, schools,
potential uses, and the uncertainty of what might develop on the site. Staff addressed some concerns,
which related to the development standards and permitted use list that would apply to the property if
rezoned. The concerns and the discussion from the meeting are summarized in the meeting summary
`�Exhabit 7, 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.
Fruitdale Sanitation District: No objection.
Valley Water District: No objection.
Wheat Ridge Police Department: No objection.
Planning Commission
Case No. WZ-18-07 / Chrisp
Arvada Fire Protection District: No objection.
Xcel Energy: No objection.
Century Link: No objection.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be
responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is
consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a
neighborhood commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-18-07.
VIII. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROVAL of Case No. WZ-18-07, a request for approval of a zone change
from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for
property located at 11221 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 44h 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-18-07, a request for approval of a zone change from
Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 11221 W. 44' Avenue, for the following reasons:
1.
2. ...
Planning Commission 7
Case No. WZ-18-07 / Chrisp
EXHIBIT 1: AERIAL
Planning Commission
Case No. WZ-18-07 / Chrisp
�c;ty or
Wl e RLdge
Geographic
Information Systems
EXHIBIT 2: ZONING MAS`
Leaend
Subject Property
Displayed Zone Districts
Agricultural -One (A-1)
Residential -One (R-1)
Residential -Two (R-2)
Residential -Three (R-3)
Planned Residential
Development (PRD)
Commercial -One (C-1)
Restricted
Commercial (RC)
Public Facility (PF)
Conservation District (CD)
Planned Commercial
Development (PCD) -cg
Mixed Use (n�U
Neighborhood (MU -N)
44TH AVE -
L_ __
I,
M
1 I %Vppu�
a Y
Planning Commission
Case No. WZ-18-071 Chrisp
9
EXHIBIT 3: APPLICANT LETTER
2-24-2018
Good afternoon!
I am proposing to rezone the site from its current split zoning agricultural -one (A-1) and commercial
one (C-1) to mix use- neighborhood (MU -N). I would like to make the land more useful and have a
vision of town home, row homes and/or apartment development with the potential of a storefront on
44th. This will benefit the city by bringing value to the city of Wheat Ridge and the surrounding
neighbors. It will present nice curb appeal for 44th Street especially because everything is becoming
more modernized. It will not have any negative affect on any public facilities. There will be not be an
impact on traffic. It will have the necessary entrance and exits to the property. We are in hopes that
the public hearing will present the opportunity to engage on this in endeavor.
Regards,
r 5& `)Q6 -
t
Francesca Chrisp
303 506 6155
Planning Commission 10
Case No. 97--18-07 I Chrisp
EXHIBIT 4: COMPREHENSIVE PLAN
/00010
i
441hAM
it
F 1 - i. X• "
Subject Property
Parks and
Open Space
Neighborhoods
see Chapter a cn't m /or
dlileremnt IVe/p66orftwd types
Neighborhood '
Commercial
Center
L JK
Planning Commission
Case No. WZ-18-07 / Chrisp
Public
Neighborhood
Commercial Corridor
(44'h Avenue)
V
11
a
Potentlad
I
EXHIBIT 5: FRUITDALE SUBAREA PLAN
>♦ rultdale Subarea Plan
Ritive Laud Use Concept
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single
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Nixed -ire;
i� Fhu=pet La.. Potential
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7stg P submea
Park: L ndastdal MubFamly � %undaiy tVeeatRMge C9 800338001 'BB1 N M#
Planning Commission
Case No. WZ-18-07 / Chrisp
12
EXHIBIT 6: SITE PHOTOS
A ,
View of the subject property looking north from 441 Avenue. The residential portion of the property,
zoned A-1, can be seen to the left, while the tavern, zoned C-1, can be seen to the right.
o- -- "AM
71 WFU
Planning Commission 13
Case No. WZ--18-071 Chrisp
�N
View looking northwest from 441h Avenue. The tavern can be seen in the foreground with the residential
portion of the property visible in the background.
View looking northeast from 441 Avenue. Two residential dwellings are visible in this photo, with two
additional dwellings out of sight. The tavern can be seen in the background.
Planning Commission 14
Case No. WZ-18-07 / Chrisp
EXHIBIT 7: NEIGHBORHOOD MEETING
Meeting Date: February 7, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center
Property Address: 11221 W. 44th Avenue
Property Owner(s): SG Ventures, LLC
Property Owner(s) Present? Yes, Francesca Chrisp
Applicant: Francesca Chrisp
Applicant Present? Yes
Existing Zoning: Agricultural -One (A-1) and Commercial -One (C-1)
Existing Comp. Plan: Neighborhood Commercial Corridor
Existing Site Conditions: The property is located on the north side of W. 44' Avenue, between
Pierson Street and Quail Street. The western side of the property is zoned Agricultural -One (A-1) and
contains four single-family homes. The eastern side of the property is zoned Commercial -One (C-1)
and contains a vacant commercial building, formerly a bar. The largest home was built in 1869, and the
other homes were built in 1909, according to the Jefferson County Assessor. The bar building was built
in 1942. The lot is approximately 97,879 square feet (2.247 acres).
Surrounding properties include a variety of commercial and residential uses. Properties to the east
along W. 40 Avenue are zoned C-1 and contain commercial uses, including several auto -oriented
uses. Properties to the west along 44' Avenue are mostly zoned A-1 and contain homes on large lots.
The City's Public Works shops are located to the north of the site and are zoned Public Facility (PF).
Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the site from its
current split zoning of A-1 and C-1 to Mixed Use -Neighborhood (MU -N). The zone change would
allow for residential and/or commercial uses on the site, and allow for increased density on the site.
While the applicant has no immediate plans for redevelopment, they envision a townhome or
apartment development with a potential small storefront on W. 44h Avenue.
The following is a summary of the neighborhood meeting:
Planning Commission
Case No. WZ-18-07 / Chrisp
15
• In addition to the applicant and staff, five members of the public attended the neighborhood
meeting:
• Staff discussed the site, and its current zoning.
• The applicant and members of the public were informed of the process for the zone change.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearing.
• The applicant spoke about her vision for the property: townhomes with some commercial activity
along 441 Avenue. The applicant added that no developer is engaged, and she desires to update the
zoning to better market the property to developers.
The following issues were discussed regarding the zone change request:
• A question was raised regarding the land use and zoning of the property, as it already appears to be
mixed use.
Staff explained the property is one parcel but zoned with two different zoning designations.
Under the current code, the Agricultural zoning allows for one single-family house on an acre
of land. Currently the property has four homes, all of which pre -date the City of Wheat Ridge
and the present zoning. The Agricultural zone is a bit antiquated, and a remnant from Jefferson
County, and does not allow for much reinvestment in the property. The Mixed Use -
Neighborhood zone district would permit a mix of uses across the site, and provides more
options for reinvestment.
• Concerns were raised that after the zoning is approved anything could happen with the site.
Staff noted that while the exact future use of the property is undetermined, there is a defined list
of permitted uses and development standards in the City Code that will need to be met.
Additionally, future development will be subject to a site plan review to ensure it is in
compliance with the Code requirements.
• What school would children living here attend?
The applicant and Staff were unsure of the closest school to the property.
• Difference between MU -N and C-1 and A-1?
The MU-Nzone district encourages a mix of uses, and is flexible in allowing residential
development, commercial development, or a mix of the two. The C-1 zone district primarily
allows only commercial uses and development, and the A-1 zone district has a very limited list
of permitted uses that are more agricultural in nature.
• Is there a need for housing here, have any studies been conducted regarding the need? The attendee
added there is a perception of vacant residential buildings in area.
The City does not require market studies for zone changes or development applications.
• Concerns were raised that the rezoning and development of the property would devalue nearby
residential properties.
The applicant suggested that redevelopment in this property would bring up property values in
the area.
• An attendee asked if after rezoning the property could be anything and not just residential?
Staff noted that the development is not required to have any residential. But development must
still follow the list of permitted uses within the Zoning Code. The MU -N is more limited in
nature, in that it allows for a slightly more limited list of uses than the current C-1 zoning, and
does not allow some uses, such as auto related uses.
• Requirements that landscaping are upkept?
Planning Commission 16
Case No. WZ-18-07 / Chrisp
Staff mentioned the landscaping requirements in the Zoning Code and the required landscaped
setback buffers from adjacent single-family homes, and that maintenance of landscaping is
required. If it is not upkept, Code Enforcement can take action.
How long is the process?
Once an application is submitted, the zone change process takes approximately 3 months.
Additionally, once development is proposed, the developer will need to process a site plan and
have building permits reviewed, each of which can take multiple months.
Concerns regarding a proliferation of auto -related uses and `erotic' shops.
Auto -oriented uses and adult entertainment uses are not allowed in the MU--Nzone district.
Traffic and parking concerns were raised.
The City does not require any traffic information with a speculative rezone such as this. Traffic
will be analyzed when a specific development proposal has been submitted to the City. There
are minimum parking requirements in the City Code that will be reviewed and enforced as part
of a future site plan application.
Aside from the five neighbors at the meeting, staff received no comment from others in the area
regarding the proposal.
Planning Commission 17
Case No. WZ-18-07 / Chrisp
1.
2.
3.
4.
5.
b.
It L-4
City of
` Wh6at-Rjdge
PLANNING COMMISSION
Minutes of Meeting
April 5, 2018
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:01p.m. in the City Council
Chambers of the Municipal Building, 7500 West 291' Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
PLEDGE OF ALLEGIANCE
Emery Dorsey
Daniel Larson
Janet Leo
Scott Ohm
Richard Peterson
Amanda Weaver (arrived at 7:04)
Alan Bucknam
Vivian Vos
Meredith Reckert, Senior Planner
Zack Wallace Mendez, Planner II
Scott Cutler, Planner I
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DORSEY and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 5-0.
APPROVAL OF MINUTES — March 15, 2018
It was moved by Commissioner LEO and seconded by Commissioner DORSEY to
approve the minutes of March 15, 2018, as amended. Motion carried 3.0-2 with
Commissioners Larson and Peterson abstaining.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Planning Commission Minutes
April 5, 2018
/:4Wih[OI'M10Zli[3c
so
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WZ-18-07: an application filed by Francesca Chrisp for approval of a
zone change from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed
Use -Neighborhood (MU N) for property located at 11221 West 4401 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 PETERSON asked about the zoning code in section 26-112, private
zoning under applicability. He mentioned it talks about changing the zoning on a
parcel from one zone classification to another zone classification on land of 1 acre
or less. He wanted clarification if this property should include two zone changes
not one.
Ms. Reckert explained that split zoning is frequently seen in the City which we
inherited from Jefferson County in 1969 when the City incorporated. She clarified
that if a parcel is over one acre in size then a zone change must be to a planned unit
development unless it is changed to one of the City's mixed use zone districts.
Commissioner WEAVER asked if this property will require a plan once the zoning
has been changed.
Mr. Wallace Mendez confirmed that if any redevelopment is proposed on the
property, there will have to be a site plan approval.
It was moved by Commissioner DORSEY and seconded by Commissioner
WEAVER to recommend APPROVAL of Case No. WZ-18-07, a request for
approval of a zone change from Agricultural -One (A-1) and Commercial -One
(C-1) to Mixed Use -Neighborhood (MU -N) for property located at 11221 West
4401 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 440"
Avenue.
4. The zone change will provide additional opportunity for reinvestment
in the area.
Planning Commission Minutes -2—
April
2—
April 5, 2018
5. The criteria used to evaluate a zone change support the request.
Motion carries 6-0.
B. Case No. WZ-18-06: an application filed by Luis Bielich for approval of a zone
change from Residential -Two (R-2) to Mixed Use Neighborhood (MU -N) for
property located at 4650 Wadsworth Boulevard.
Mr. Cutler 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 Peterson wanted clarification about section 26-112 regarding the
Mixed Use -Commercial (MU -C) and Mixed Use -Neighborhood (MU -N) zone
districts. Since Wadsworth is more commercial he asked if MU -C would be a
better fit than MU -N.
Mr. Wallace Mendez explained that further south on the Wadsworth corridor there
is a large portion zoned MU -C, but given the surrounding land uses in this area
being residential, the MU -N permits less intense uses and acts as a better buffer
than the MU -C zone district. Mr. Wallace Mendez also said that MU -N is more
context sensitive and is a good transition to the existing adjacent residential uses to
the east.
Mr. Cutler added that in the MU -C zone district the building heights are permitted
to be'taller than building heights in the MU -N zone district.
Dan Grant, resident
4645 Webster Street, Wheat Ridge
Mr. Grant feels the property owners are being greedy and is concerned if a fourplex
is constructed on the site, there will be more people and vehicles on the property.
He is also concerned about the height of the building because future residents
would be able to look into his backyard. His final concern is that Code
Enforcement has been called on this property numerous times and he wants to
make sure the property is going to be maintained.
Joann Warner, resident
4635 Webster Street, Wheat Ridge
Ms. Warner feels this is too much growth for this property and thinks it should be
commercial zoning.
Planning Commission Minutes -3—
April
3April 5, 2018
4� Al
City of
9�Wh6atl-?,.�dge-
POSTING
CERTIFICATION
CASE NO. WZ-18-07
CITY COUNCIL HEARING DATE:
I,
(name)
May 14, 2018
residing at 221 W Q-� [,y1t
(address)
as the applicant for Case No.
WZ-18-07
hereby certify that I have posted the Notice of
Public Hearing at 1�2.E� AU AN �� U) h 1 K `A C U'�
(location)
on this 1 LA day of 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.
NOTE: This form must be submitted at the public hearing on this case and wilNaQTlapbd in the
applicant's case file at the Community Development Department.
MAP
'oil- -..
� l N
City of
Wheat Ridge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
a The sign must be located within the property boundaries.
• The sign must be securely mounted on a flat surface.
The sign must be elevated a minimum of thirty (30) inches from ground.
The sign must be visible from the street without obstruction.
The sign must be legible and posted for fifteen (15) continuous days prior to and
including the day of the hearing [sign must be in place until 5pm on May 14,
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.
-) � ibo
D bzt vv.,, 4,
City oaf
WIZtljdge + LAS
ITEM NO: 6.
!r V ATE: A nil 23,201
REQUEST FO4 ITY COUNCILCTION
TITLE: COUNCIL BILL NO. 10-2018 - AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 11221 WEST
44TH AVENUE FROM COMMERCIAL -ONE (C-1) AND
AGRICULTURAL -ONE (A-1) TO MIXED USE -
NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-07/CHRISP)
❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (04/23/2018)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (05/14/2018)
❑ RESOLUTIONS
QUASI-JUDICIAL: ® YES ❑ NO
v.
J_�j= -jjj�IA�& -
Community Developinent Director City Manager
ISSUE:
The applicant is requesting approval of a zone change from Commercial -One (C-1) and
Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 11221 W.
44t` Avenue.
The proposed rezoning area includes one parcel, the total size of which is approximately 2.25
acres.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on April 5, 2018, and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting will be
included with the ordinance for second reading.
FINANCIAL IMPACT:
The proposed zona, change is not expected to have a direct financial impact on the City. Fees in the
amount of $1,105.87 were collected for the review and processing of Case No. WZ-18-07.
Council Action Form — Rezoning Property at 11221 W. 44t' Ave
April 23, 2018
Page 2
BACKGROUND:
The subject property is located at 11221 W. 44h Avenue, in the northwestern quadrant of the City.
It is located on the north side of 44th Avenue, west of Pierson Street and currently contains a series
of structures. On the western half of the property there are four single-family homes. The first
home (the largest one nearest 44th Avenue) was constructed in 1869, with the other three homes all
being constructed in 1909, according to the Jefferson County Assessor. The existing
improvements on the property are considered non -conforming, as the zoning on this portion of the
property, Agricultural -One, allows for only one single-family home on a minimum of one acre of
land. The construction of these homes pre -dates the City of Wheat Ridge, and zoning in general,
as Jefferson County did not adopt its first zoning code until the early 1940s. On the eastern half of
the property there is one structure, listed as a "Nightclub, Bar Lounge" by the Jefferson County
Assessor, which was licensed by the City as a tavern until recently. This structure was constructed
in 1942 and features a large parking lot to the rear of the building.
The property currently consists of one parcel, despite the split zoning and multiple structures. The
only land use case in City records is a zone change in 1977 from Agricultural -One to Commercial -
One for the rear portion of the eastern half of the property, where the tavern parking lot is
currently located. The case file notes the zone change for the rear portion of the lot was to allow
for a parking lot to be constructed behind the tavern. At that point in time the tavern was already
zoned C-1. Staff was unable to find record of any zone change for the tavern area of the property.
Since this structure was constructed in the early 1940s, at the same time as Jefferson County was
establishing its first zoning code, it is possible the commercial zoning has existed on this portion
of the property since the County's first assignment of zone districts.
Surrounding Land Uses
The surrounding properties include a variety of zoning designations and land uses. To the north of
the subject property is the City of Wheat Ridge Public Works Maintenance Shop, zoned Public
Facilities (PF). To the east are properties zoned Residential -Two (R-2) and Commercial -One (C-
1), utilized for single-family homes and commercial businesses, respectively. To the south of the
subject property is 44a' Avenue, and a series of properties zoned C-1 and utilized for a variety of
commercial, retail, and office establishments, in addition to a Planned Residential Development
(PRD), for the Parkside patio home development. To the southeast is the City of Wheat Ridge's
Prospect Park, zoned A-1. To the west of the subject property are a series of properties zoned A-1
and Residential -One (R-1), all utilized residentially. Further to the west and extending to Robb
Street is zoned A-1 and contains the Baugh House, owned by the City of Wheat Ridge. The Baugh
house is a building of historical significance to the City, County, and State; it is listed on the
National Register of Historic Places and the Colorado State Register of Historic Properties.
Current and Proposed Zoning
The applicant is 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," such as 44h Avenue and 38h Avenue.
Council Action Form — Rezoning Property at 11221 W. 446i Ave
April 23, 2018
Page 3
The property is currently zoned Agricultural -One (A-1) and Commercial -One (C-1). The A-1 zone
district was established to allow for residential estate living within a quasi -rural or agricultural
setting. This zone district allows single-family homes on a minimum of one acre of land in
addition to a variety of agricultural related uses such as farming, farmers markets, produce stands,
riding academies and public stables, in addition to governmental buildings and schools. The C-1
zone district was established to accommodate a wide range of commercial uses, such as office,
general business, retail sales, and service establishments, which are oriented towards the
community or entire region.
RECOMMENDATIONS
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a
result, the applicant is entitled to a public hearing on the application. As Council is aware,
rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112).
Ordinances require two readings, and by Charter, the public hearing takes place on second
reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading)
public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public
hearing, and for this reason, the packet materials provided on first reading are generally limited.
The Planning Commission packet and meeting minutes will be provided in the public hearing
packet.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-2018 an ordinance approving the rezoning of property
located at 11221 W. 446i Avenue from Commercial -One (C-1) and Agricultural -One (A-1) to
Mixed Use -Neighborhood (MU -N) on first reading, order it published, public hearing set for
Monday, May 14, 2018 at 7 p.m. in City Council Chambers, and that it take effect 15 days after
final publication."
REPORT PREPARED/REVIEWED BY:
Zack Wallace Mendez, Planner II
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 10-2018
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 10
ORDINANCE NO.
Series of 2018
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 11221 WEST 44TH AVENUE FROM
COMMERCIAL -ONE (C-1) AND AGRICULTURAL -ONE (A-1)
TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-
07 / CHRISP)
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 11221 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 has adopted a subarea plan—Fruitdale
Subarea Plan—which calls for a mix of uses within this area of 44th Avenue; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 5, 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 Francesca Chrisp for approval of a zone change
ordinance from Commercial -One (C-1) and Agricultural -One (A-1) to Mixed Use -
Neighborhood (MU -N) for property located at 11221 W. 44th Avenue, and
pursuant to the findings made based on testimony and evidence presented at a
public hearing before the Wheat Ridge City Council, a zone change is approved
for the following described land:
A parcel of land situated, lying and being in the County of Jefferson, State of
Colorado, described as follows, to wit:
THAT PORTION OF THE EAST HALF (E1/2) OF THE NORTHWEST QUARTER
(NW1/4) OF SECTION TWENTY-ONE (SEC. 21), TOWNSHIP THREE (3)
SOUTH OF RANGE SIXTY-NINE (69) WEST, COMMENCING AT THE POINT
OF INTERSECTION OF THE WEST LINE OF SAID LAND AND THE NORTH
LINE OF THE COUNTY ROAD, KNOWN AS THE NORTH GOLDEN AND
DENVER ROAD, JEFFERSON AVENUE OR WEST FORTY-FOURTH
ATTACHMENT 1
AVENUE, RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID
LAND SEVEN HUNDRED AND TEN (710) FEET, THENCE EASTERLY TWO
HUNDRED FIFTY-FIVE (255) FEET, THENCE SOUTH PARALLEL WITH THE
WEST LINE OF SAID LAND SEVEN HUNDREND AND TEN FEET (710) TO
THE NORTH LINE OF SAID ROAD, THENCE WESTELY TWO HUNDRED
FIFTY-FIVE (255) FEET TO THE PLACE OF BEGINNING;
EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF WHEATRIDGE, A
MUNICIPAL CORPORATION, BY INSTRUMENTS RECORDED NOVEMBER
18, 1970 IN BOOK 2221 AT PAGE 663, JANUARY 12, 1971 IN BOOK 2231 AT
PAGE 545, JUNE 30, 1978 AS RECEPTION NO. 78059221, AND OCTOBER
21, 1985, AS RECEPTION NO. 85101326; AND EXCEPT ANY PORTION
LYING WITHIN BLAGDON SUBDIVION, RECORDED NOVEMBER 22, 1955 IN
PLAT BOOK 15 AT PAGE 45,
TOGETHER WITH THE EAST 2 FEET OF THE E1/2 OF THE NE1/4 OF THE
SW1/4 OF THE NW1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69
WEST, EXCEPT THOSE PORTIONS CONVETYED TO THE CITY OF
WHEATRIDGE, A MUNICIPAL CORPORATION, BY INSTRUMENTS
RECORDED NOVEMBER 18, 1970 IN BOOK 2221 AT PAGE 663 AND JUNE
30, 1978 AS RECEPTION NO. 78059221.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability: Conflicting Ordinance Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on
this 23rd day of April, 2018, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 14, 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:
2"d publication:
Wheat Ridge Transcript:
Effective Date:
WZ-18-07 / Chrisp -
11221 W. 44th Avenue
Request for approval of a zone change IM
from Agricultural -One (A-1) and
Commercial -One (C-1) to
to Mixed Use-Neighborhood(MU-N)
I. �1.
Planning Commission April 5, 2018
Vicinity Map
OF r
1
Zoning Map
Looking northwest
Ld
- - fir, ' �.�„� •
7 �4
, rm,
Looking northeast
Zoning
Commercial -One (C-1)
Existing commercial ...can remain and expand
...cannot convert to residential
Agricultural -One (A-1)
Existing residential ...can remain
...cannot add additional
residences or any commercial uses
Mixed Use Neighborhood (MU -N)
Commercial, residential, mixed use all permitted
Looking north
do
Development Standards
MUIN
C-1+ASDM
-
Uw
Residential, neighborhood
Commercial, office, retail,
Single-family residential
scale commercial, or mixed
use.
and service establishments.
and agricultural uses.
Architecture
Mind Use Code
ASDM
None
Building
35' if residential
50 35'
Height
50' all other
Cxlld-to
0-12 feet, 60%
0-12 feet, 60%
None: 30 foot setback
Setbacks
Adjacent to single-family: 10'
Rear: 10'+5'each addt'I
Side and Rear: 15'
for 2 story building +5'per
(landscaped)
additional story (landscaped)
Side: S' per story
Adjacent to commercial: 0'
(0' if nonflammable)
Lot
90% for mixed use
+. -•
: a
Coverage
85% for single use
Landscape
10% for mixed use
20%
25%
15% for single use
do
Neighborhood Meeting:
— Held on February 7, 2018
— 5 neighbors in attendance
Referral:
— No concerns from any agency
Process
Subarea Plan
Fruitdale Subarea Plan
— Encourages mixed-use development in this area
Comprehensive Plan
Envision Wheat Ridge
— 44th 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.
City of
WhecatRid
�ge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission MEETING DATE: April 9, 2018
CASE MANAGER: Zack Wallace Mendez
CASE NO. & NAME: WZ-18-07 / Chrisp
ACTION REQUESTED: Approval of a zone change from Agricultural -One (A-1) and Commercial -One
(C-1) to Mixed Use -Neighborhood (MU -N).
LOCATION OF REQUEST: 11221 W. 441 Avenue
APPLICANT (S): Francesca Chrisp
OWNER (S): SG Ventures LLC
APPROXIMATE AREA: 97,879 square feet (2.25 acres)
PRESENT ZONING: Agricultural -One (A-1) and Commercial -One (C-1)
COMPREHENSIVE PLAN: Neighborhood Commercial Corridor
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Locati
(X) COMPREHENSIVE PLAN
(X) DIGITAL PRESENTATION
Planning Commission 1
Case No. WZ-18-07I Chrisp
Site
JURISDICTION•
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant and current owner of the property has submitted this application requesting approval of a
zone change from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood
(MU -N).
II. EXISTING CONDITIONS/PROPERTY HISTORY
The subject property is located at 11221 W. 40 Avenue. The property is approximately 2.25 acres in
size and located on the north side of 44th Avenue, west of Pierson Street. The property currently
contains a series of structures ;(Exhibit 1, Aeriao. On the western half of the property, zoned
Agricultural -One (A-1), there are four (4) single-family homes. The first home (the largest one nearest
44th Avenue) was constructed in 1869, with the other three (3) homes all being constructed in 1909,
according to the Jefferson County Assessor. The existing improvements on the property are considered
non -conforming, as the A-1 zone district allows for only one (1) single-family home on a minimum of
one acre of land. The construction of these homes pre -dates the City of Wheat Ridge, and zoning in
general, as Jefferson County did not adopt its first zoning code until the early 1940s. On the eastern
half of the property, zoned Commercial -One (C-1), there is one (1) structure, listed as a "Nightclub,
Bar Lounge" by the Jefferson County Assessor, which was licensed by the City as a tavern until
recently. This structure was constructed in 1942 and features a large parking lot to the rear of the
building.
The property currently consists of one parcel, despite the split zoning and multiple structures. The only
land use case in City records is a zone change in 1977 from Agricultural -One to Commercial -One for
the rear portion of the eastern half of the property, where the tavern parking lot is currently located.
The case file notes the zone change for the rear portion of the lot was to allow for a parking lot to be
constructed behind the tavern. At that point in time the tavern was already zoned C-1. Staff was unable
to find record of any zone change for the tavern area of the property. Since this structure was
constructed in the early 1940s, at the same time as Jefferson County was establishing its first zoning
code, it is possible the commercial zoning has existed on this portion of the property since the
County's first assignment of zone districts.
As was previously mentioned, the site is zoned both Agricultural -One (A-1) and Commercial -One (C-
1). The surrounding properties include a variety of zoning designations and land uses. To the north of
the subject property is the City of Wheat Ridge Public Works Maintenance Shop, zoned Public
Facilities (PF). To the east are properties zoned Residential -Two (R-2) and Commercial -One (C-1),
utilized for single-family homes and commercial businesses, respectively. To the south of the subject
property is 44th Avenue, and a series of properties zoned C-1 and utilized for a variety of commercial,
retail, and office establishments, in addition to a Planned Residential Development (PRD), for the
Parkside patio home development. To the southeast is the City of Wheat Ridge's Prospect Park, zoned
A-1. To the west of the subject property are a series of properties zoned A-1 and Residential -One (R-
1), all utilized residentially. Further to the west and extending to Robb Street is zoned A-1 and contains
the Baugh House, owned by the City of Wheat Ridge (Exhibit 2, Zoning Map). The Baugh house is a
building of historical significance to the City, County, and State it is listed on the National Register of
Historic Places and the Colorado State Register of Historic Properties.
Planning Commission
Case No. WZ-18-07 I Chrisp
I1I. PROPOSED ZONING
The applicant is 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," such as 40 Avenue and 38th Avenue.
The property is currently zoned Agricultural -One (A-1) and Commercial -One (C-1). The A-1 zone
district was established to allow for residential estate living within a quasi -rural or agricultural setting.
This zone district allows single-family homes on a minimum of one acre of land in addition to a variety
of agricultural related uses such as farming, farmers markets, produce stands, riding academies and
public stables, in addition to governmental buildings and schools. The C-1 zone district was
established to accommodate a wide range of commercial uses, such as office, general business, retail
sales, and service establishments, which are oriented towards the community or entire region.
The applicant intends to rezone the property in order to better position the property for redevelopment,
as the current split zoning does not easily lend itself to redevelopment opportunities (Exhibit 3,
Applicant Letter). The zone change will allow the property to be developed with commercial uses,
residential units, or a mix of the two. Additionally, in the short term, it will bring the existing site
conditions more into compliance with the existing Code of Laws.
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
lesser intensity than the existing C-1 zoning, however it does allow for a wider range of uses than are
permitted in the A-1 zone district.
Planning Commission
Case No. WZ-18-07 / Chrisp
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood -oriented businesses. The proposed zone change would allow for more intensive
development than is currently allowed under A-1 zoning, however, the potential development
intensity under the MU -N zoning is not out of character with 44h Avenue and the wide array of
businesses and residences located in the vicinity of the subject property.
Based on the existing character and land use patterns on 44th Avenue, the MU -N zone district is
more appropriate than the split zoning between A-1 and C-1. For that reason, the zone change
should not have an adverse effect on the surrounding area.
Planning Commission 4
Case No. WZ-18-071 Chrisp
CURRENT ZONING
CURRENT ZONING
PROPOSED ZONING
Commercial-One (C-1)
Agricultural-One (A-1)
Mixed Use-Neighborhood
(AIU-N
Allows a wide range of
Allows for single -family
Allows residential, commercial
commercial uses including
residential and a range of
or mixed use — includes multi-
Uses
office, general business, retail
agricultural and related uses
family and live/work facilities,
sales, and service
including produce stands and
excludes outdoor storage.
establishments.
farmers markets.
Contemporary Overlay ASDM
Mixed-Use standards apply,
Architectural
standards apply, including high
No architectural standards
including high quality
Standards
quality architecture, standards
apply in agricultural zone
architecture, standards related
related to articulation, variation,
districts.
to articulation, variation and
materials, and transparency.
materials.
Max. Building
35' if the building has
Height
50'
35'
residential use
50' for all other uses
Max. Building
80%
25%
90% for mixed use
coverage
85% for single use
Min.
20%
25%
10% for mixed use
Landscaping
15% for single use
Build-to Area
0-12' along front property line
Not applicable
0-12' along front property line
Setbacks
Side setback adjacent to single-
Front
See build-to above
30 feet
family residential: 10 feet for
Side
0 feet if nonflammable or 5 feet
15 feet
the first 2 stories, additional 5
per story
feet for each additional story.
Rear
10 feet plus 5 feet per story
15 feet
Must be landscaped.
Side setback adjacent to
commercial: 0 feet
Rear setback: 5 feet
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning
Commission shall base its recommendation in consideration of the extent to which the following
criteria have been met:
1. The change of zone promotes the health, safety, and general welfare of the community and
will not result in a significant adverse effect on the surrounding area.
The change of zone will not result in adverse effects on the surrounding area. The rezoning would
allow a less intensive range of commercial uses than the current C-1 zoning, and encourage more
neighborhood -oriented businesses. The proposed zone change would allow for more intensive
development than is currently allowed under A-1 zoning, however, the potential development
intensity under the MU -N zoning is not out of character with 44h Avenue and the wide array of
businesses and residences located in the vicinity of the subject property.
Based on the existing character and land use patterns on 44th Avenue, the MU -N zone district is
more appropriate than the split zoning between A-1 and C-1. For that reason, the zone change
should not have an adverse effect on the surrounding area.
Planning Commission 4
Case No. WZ-18-071 Chrisp
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.
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.
Infrastructure currently serves the property, and 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.
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 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 and
commercial.
Additionally, the Fruitdale Subarea Plan was adopted -for this area in 2007. The future land use
map',(Exhibit 6, Fruitdale Subarea Plan) denotes the area around 44a' Avenue between
approximately Owens Street and Quail Street, including the subject property, as a mixed-use
area. The subarea plan encourages redevelopment and revitalization of properties within this
area and encourages mixed use developments to create a neighborhood center. The subarea
plan speculates this neighborhood center could include neighborhood type retail or commercial
on the ground floor with residential or office on the upper floors.
This zone change request supports the comprehensive plan and subarea 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.
Planning Commission
Case No. W7--18-07 / Chrisp
Staff has not found any evidence of an error with the current A-1 and C-1 zoning designations
as they appear on the City zoning maps.
Staff concludes that this criterion is not at)plicable.
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 A-1
and C-1 to MU -N neither responds to nor results in notable change of character.
Staff concludes that this criterion is not applicable.
d. The proposed rezoning is necessary in order to provide for a community need that was
not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive
plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V. NEIGHBORHOOD MEETING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood
input meeting in accordance with the requirements of section 26-109.
A meeting for neighborhood input was held on February 7, 2018. Five members of the public attended
the meeting in addition to the applicant and staff. Some concerns were raised regarding traffic, schools,
potential uses, and the uncertainty of what might develop on the site. Staff addressed some concerns,
which related to the development standards and permitted use list that would apply to the property if
rezoned. The concerns and the discussion from the meeting are summarized in the meeting summary
(Exhibit 7, 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.
Fruitdale Sanitation District: No objection.
Valley Water District: No objection.
Wheat Ridge Police Department: No objection.
Planning Commission
Case No. WZ-18-071 Chrisp
Arvada Fire Protection District: No objection.
Xcel Energy: No objection.
Century Link: No objection.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be
responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is
consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a
neighborhood commercial corridor.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-18-07.
VIII. SUGGESTED MOTIONS
Option A:
"I move to recommend APPROVAL of Case No. WZ-18-07, a request for approval of a zone change
from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for
property located at 11221 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."
O a�B:
"I move to recommend DENIAL of Case No. WZ-18-07, a request for approval of a zone change from
Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property
located at 11221 W. 40 Avenue, for the following reasons:
1.
2. ...
Planning Commission
Case No. WZ-18-07 I Chrisp
EXHIBIT 1: AERLkL
ror
Whetyat�idge
Geographic 4STH PL r "
Information Systems
Legend
Subject Property
f
&46THJWV'1EE
1.
Planning Commission
Case No. WZ--18-07 / Chrisp
if �wi
8
r
Stale Plane CoadlWe Projection
one
Ntcodo
Oeatral Z
Uehm: NAD83
N
.� M. . �.....
8
EXHIBIT 2: ZONING MAP
WheatR, ge
Geographic 46TH PL -
Information Systems
Legend cc 0
QSubject Property
Displayed Zone Districts
Agricultural -One (A-1)
Residential -One (R-1)
Residential -Two (R-2) _
Residential -Three (R-3) -
Planned Residential
Development (PRD) w
--
Commercial -One (C-145TKAVE -) � F
Restricted
Commercial (RC)
Public Facility (PF) _ 44TH PL
Conservation District (CD) i' . Z Zr11
0
Planned Commercial
Development (PCD) rZ LU
Mixed Use lllg'U
4 Neighborhood (MU -N)
'�J__44THAVE,
i
I
I--
u�
-- J
f CY
� f i ■ a D
LIJ
U_
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t
j - Z
State Plane Coordinate Projection N
1 _ Colorado Central Zone
I r — DaWm: NPD83 N
�h lin: air r ne.. .Mw caws :a
'� %ira W'�i FradF �'p�han�Fa. vMcair
Planning Commission 9
Case No. WZ--18-07 / Chrisp
EXHIBIT 3: APPLICANT LETTER
2-24-2018
Good afternoon!
I am proposing to rezone the site from its current split zoning agricultural -one (A-1) and commercial
one (C-1) to mix use. neighborhood (MU -N). I would like to make the land more useful and have a
vision of town home, row homes and/or apartment development with the potential of a storefront on
44th. This will benefit the city by bringing value to the city of Wheat Ridge and the surrounding
neighbors. It will present nice curb appeal for 44th Street especially because everything is becoming
more modernized. It will not have any negative affect on any public facilities. There will be not be an
impact on traffic. It will have the necessary entrance and exits to the property. We are in hopes that
the public hearing will present the opportunity to engage on this in endeavor.
Regards,
Francesca Chrisp
303 506 6155
Planning Commission 10
Case No. WZ-18-071 Chrisp
EXHIBIT 4: COMPREHENSIVE :PLAN
E
' cf]
t �
x
44th Av nue ,
Prospect
Lake 1
Subject Property
Parks and
Open Space
r-
■
J
Awonhh,,
Neighborhoods
see Chapter 3 Criteria for Public
dii/ererent Neighborhood types
Neighborhood
Commercial
Center
Neighborhood
Commercial Corridor
(44'h Avenue)
Planning Commission 11
Case No. WZ-I8-071 Chrisp
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Planning Commission 12
Case No. WY -18-07 / Chrisp
EXHIBIT 6: SITE PHOTOS
P—J,
View of the subject property looking north from 44th Avenue. The residential portion of the property,
zoned A-1, can be seen to the left, while the tavern, zoned C-1, can be seen to the right.
I
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Closer view of the subject property looking north from 44' Avenue. Despite the fence and power lines
running down the middle of the property, the tavern and residential dwellings are all located on 1 parcel.
Planning Commission 13
Case No. WZ-18-07 / Chrisp
L96.
View looking northwest from 441 Avenue. The tavern can be seen in the foreground with the residential
portion of the property visible in the background.
Planning Commission 14
Case No. WZ-18-07 / Chrisp
EXHIBIT 7: NEIGHBORHGDD MEETING
Meeting Date: February 7, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center
Property Address: 11221 W. 44a' Avenue
Property Owner(s): SG Ventures, LLC
Property Owner(s) Present? Yes, Francesca Chrisp
Applicant: Francesca Chrisp
Applicant Present? Yes
Existing Zoning: Agricultural -One (A-1) and Commercial -One (C-1)
Existing Comp. Plan: Neighborhood Commercial Corridor
Existing Site Conditions: The property is located on the north side of W. 44th Avenue, between
Pierson Street and Quail Street. The western side of the property is zoned Agricultural -One (A-1) and
contains four single-family homes. The eastern side of the property is zoned Commercial -One (C-1)
and contains a vacant commercial building, formerly a bar. The largest home was built in 1869, and the
other homes were built in 1909, according to the Jefferson County Assessor. The bar building was built
in 1942. The lot is approximately 97,879 square feet (2.247 acres).
Surrounding properties include a variety of commercial and residential uses. Properties to the east
along W. 44a' Avenue are zoned C-1 and contain commercial uses, including several auto -oriented
uses. Properties to the west along 44a` Avenue are mostly zoned A-1 and contain homes on large lots.
The City's Public Works shops are located to the north of the site and are zoned Public Facility (PF).
Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the site from its
current split zoning of A-1 and C-1 to Mixed Use -Neighborhood (MU -N). The zone change would
allow for residential and/or commercial uses on the site, and allow for increased density on the site.
While the applicant has no immediate plans for redevelopment, they envision a townhome or
apartment development with a potential small storefront on W. 44h Avenue.
The following is a summary of the neighborhood meeting:
Planning Commission 15
Case No. WZ-18-07 / Chrisp
• In addition to the applicant and staff, five members of the public attended the neighborhood
meeting:
• Staff discussed the site, and its current zoning.
• The applicant and members of the public were informed of the process for the zone change.
• The members of the public were informed of their opportunity to make comments during the
process and at the public hearing.
• The applicant spoke about her vision for the property: townhomes with some commercial activity
along 44b Avenue. The applicant added that no developer is engaged, and she desires to update the
zoning to better market the property to developers.
The following issues were discussed regarding the zone change request:
• A question was raised regarding the land use and zoning of the property, as it already appears to be
mixed use.
Staff explained the property is one parcel but zoned with two different zoning designations.
Under the current code, the Agricultural zoning allows for one single-family house on an acre
of land. Currently the property has four homes, all of which pre -date the City of Wheat Ridge
and the present zoning. The Agricultural zone is a bit antiquated, and a remnant from Jefferson
County, and does not allow for much reinvestment in the property. The Mixed Use -
Neighborhood zone district would permit a mix of uses across the site, and provides more
options for reinvestment.
• Concerns were raised that after the zoning is approved anything could happen with the site.
Staff noted that while the exact future use of the property is undetermined, there is a defined list
of permitted uses and development standards in the City Code that will need to be met.
Additionally, future development will be subject to a site plan review to ensure it is in
compliance with the Code requirements.
• What school would children living here attend?
The applicant and Staff were unsure of the closest school to the property.
• Difference between NU -N and C-1 and A-1?
The MU-Nzone district encourages a mix of uses, and is flexible in allowing residential
development, commercial development, or a mix of the two. The C-1 zone district primarily
allows only commercial uses and development, and the A-1 zone district has a very limited list
ofpermitted uses that are more agricultural in nature.
• Is there a need for housing here, have any studies been conducted regarding the need? The attendee
added there is a perception of vacant residential buildings in area.
The City does not require market studies for zone changes or development applications.
• Concerns were raised that the rezoning and development of the property would devalue nearby
residential properties.
The applicant suggested that redevelopment in this property would bring up property values in
the area.
• An attendee asked if after rezoning the property could be anything and not just residential?
Staff noted that the development is not required to have any residential. But development must
still follow the list of permitted uses within the Zoning Code. The MU -N is more limited in
nature, in that it allows for a slightly more limited list of uses than the current C-1 zoning, and
does not allow some uses, such as auto related uses.
• Requirements that landscaping are upkept?
Planning Commission 16
Case No. WZ-18-07 / Chrisp
Staff mentioned the landscaping requirements in the Zoning Code and the required landscaped
setback buffers from adjacent single-family homes, and that maintenance of landscaping is
required. If it is not upkept, Code Enforcement can take action.
• How long is the process?
Once an application is submitted, the zone change process takes approximately 3 months.
Additionally, once development is proposed, the developer will need to process a site plan and
have building permits reviewed, each of which can take multiple months.
• Concerns regarding a proliferation of auto -related uses and `erotic' shops.
Auto -oriented uses and adult entertainment uses are not allowed in the MU -N zone district.
Traffic and parking concerns were raised.
The City does not require any traffic information with a speculative rezone such as this. Traffic
will be analyzed when a specific development proposal has been submitted to the City. There
are minimum parking requirements in the City Code that will be reviewed and enforced as part
of a future site plan application.
Aside from the five neighbors at the meeting, staff received no comment from others in the area
regarding the proposal.
Planning Commission 17
Case No. WZ-18-071 Chrisp
City of
Wh6atR�iLogc
POSTING CERTIFICATION
CASE NO. WZ-18-07
PLANNING COMMISSION HEARING DATE: April 05.2018
I,
(name)
residing at y~1� �,Cj�,d.x1 �' C 7yy�r 0-6 ?nqq
(address)
as the applicant for Case No. WZ-18-07 hereby certify that I have posted the Notice of
Public Hearing at
o�
(locat i n)
on this A day of , &io _ 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
A
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
44TH AVE
.114 AVE
jW
F
�r
City of
Wheat lidge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
■ The sign must be located within the property boundaries.
■ The sign must be securely mounted on a flat surface.
■ The sign must be elevated a minimum of thirty (30) inches from ground.
■ The sign must be visible from the street without obstruction.
■ The sign must be legible and posted for fifteen (15) continuous days prior to and
including the day of the hearing [sign must be in place until 5pm on April 05,
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.
City of
"� a-
Whet idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26-109.D)
March 22, 2018
Dear Property Owner / Current Resident:
This is to inform you of Case No. WZ-18-07 an application filed by Francesca Chrisp for
approval of a zone change from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed
Use -Neighborhood (MU -N) for property located at 11221 West 44th Avenue. This request is
scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West
29th Avenue. The schedule is as follows:
Planning Commission April 5, 2018 (a) 7:00 p.m.,
City Council May 14, 2018 (&.. 7:00 a.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
Vicinity May
Site
ki
WZ 1807. doc
4430 PIERSON ST LLC
58558 WADSWORTH LLC
ATKINSON ENTERPRISES LLC
PO BOX 234
6337 UMBER CIR
7325 GRASHIO DR
WHEAT RIDGE CO 80034
ARVADA CO 80403
COLORADO SPRINGS CO 80920
AUTO REFLECTIONS INC
BAMBERGER LUCAS BAMBERGER KAREN
BARRY CRAIG A
11114 W 44TH AVE
4375 PIERSON ST
6829 XENON ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
ARVADA CO 80002
BLAKEMAN KAY
CAA VENTURES LLC
CLARK JASON SCOTT
4332 QUAIL ST
P 0 BOX 518
11305 W 44TH AVE
WHEAT RIDGE CO 80033
EVERGREEN CO 80437
WHEAT RIDGE CO 80033
DOMINGUEZ ARMANDO DOMINGUEZ VERA
COLTRIN BARBARA R
CANDY
DUDGEON JOHN M SMOLLETT CJEAN
4334 QUAIL ST
11050 W 45TH AVE
11180 W 44TH AVE
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
EDWARDS PHILLIP G EDWARDS LILLIAN MARIE
EKLEBERRY SHARON C
ELLIOTT DINA
11297 W 44TH AVE
4385 QUAIL ST #A
17076 W 85TH LN
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
ARVADA CO 80007
FLETCHER JO LYNN
FREDERICKSON MARCUS R
GOLIGHTLY LORI K
11210 W 46TH AVE
4485 PIERSON ST
4344 QUAIL ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
HADERER RICHARD A TRUSTEE HADERER ALISSA
HABERKORN VINCENT
LTRUSTEE HADERER PAUL RAYMOND TRUSTEE
HANNAM HEATHER D HANNAM WAYNE A
4372 QUAIL ST
3449 ENTERPRISE AVE
11240 W 46TH AVE
WHEAT RIDGE CO 80033
HAYWARD CA 94545
WHEAT RIDGE CO 80033
HOPKINS COMMONS HOMEOWNERS
ASSOCIATION
KRUSCHKE CHERYL ANN KRUSCHKE ROBERT
KANDRA CAPPS
KOSTER KATHRYN ELIZABETH KOSTER KATHRYN
VALENTINE
10251 W 44TH AVE #2-205
4495 PIERSON ST
4387 QUAIL ST #B
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
NOFFSINGER SARAH ANN NOFFSINGER TERRY
NICHOLS JOHN C
NOFFSINGERJILL
0 DONNELL SUSAN JONES
5924 ZINNIA CT
4480 PIERSON ST
4352 QUAIL ST
ARVADA CO 80004
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
OBIALERO JOHN TJR OBIALERO RICHARD JOHN OTA MICHAELJ PARKSIDE PATIO HOMEOWNERS ASSOCIATION
11130 W 44TH AVE 4420 PIERSON ST 8600 RALSTON RD
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ARVADA CO 80002
PARKSIDE PATIO HOMEOWNERS ASSOCIATION PARKSIDE PATIO HOMEOWNERS ASSOCIATION
R & J ASSOCIATES KAREN MOSER PIERSON GROUP LTD
4570 TELLER ST 11941 W 77TH DR 13847 W 22ND AVE
WHEAT RIDGE CO 80033 ARVADA CO 80005 GOLDEN CO 80401
PROFT PETR
11301 W 44TH AVE
WHEAT RIDGE CO 80033
SALSBY REX A SALSBY SANDRA L
4354 QUAIL ST
WHEAT RIDGE CO 80033
THOMAS THELMA A
4374 QUAIL ST
WHEAT RIDGE CO 80033
R & J ASSOCIATES
TREASURER
100 JEFFERSON COUNTY PKWY #2520
GOLDEN CO 80419
SAND DALE ALAN
4342 QUAIL ST
WHEAT RIDGE CO 80033
THREE BAY INVESTMENT GROUP LLC
920 12TH ST
GOLDEN CO 80401
RIVERO SYLVIA D LIFE ESTATE VIGIL MARK VIGIL
MICHAEL V
4367 QUAIL ST
WHEAT RIDGE CO 80033
SG VENTURES LLC
11221 W 44TH AVE
WHEAT RIDGE CO 80033
UTLEY CURTIS
4435 PIERSON ST
WHEAT RIDGE CO 80033
VIGIL MARIO SOLANO BRENDA WALLENSTEIN JONI N WORTH CLAY 0 JR WORTH CLAUDIA
5772 W 71ST PL 4365 QUAIL ST 4650 OAK ST
ARVADA CO 80003 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
City of
LtWhag
Me
City of Wheat Ridge Municipal Building 7500 W. 291 Ave.
March 21, 2018
Francesca Chrisp
11221 W. 44th Avenue
Wheat Ridge, CO 80033
DELIVERED VIA EMAIL
francesca—amor@yahoo.com
Re: WZ-18-07 —1St Review
Dear Ms. Chrisp:
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 11221 W. 44th
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 March 7, 2018.
Fruitdale Sanitation District:
See attached comments from Bill Willis dated March 6, 2018.
Valley Water District:
See attached comments from Kathleen Kadnuch dated March 6, 2018.
Xcel Energy:
See attached comments from Donna George dated March 7, 2018.
Wheat Ridge Police Department:
See attached comments from Mark Moellenberg dated March 19, 2018.
Arvada Fire Protection District:
See attached comments from Kevin Ferry dated March 19, 2018.
Century Link:
See attached comments from Dustin Pulciani dated March 20, 2018.
All comments are provided as an attachment to this memo. Please let me know if you have any
questions.
This rezoning request will be heard at the following public hearings:
Planning Commission: Thursday, April 5, 2018 at 7pm
City Council: Monday, May 14, 2018 at 7pm
Sincerely,
iW ,���/
Zack Wallace Mendez
Planner II
303-235-2852
zwallace@ci.wheatridge.co.us
cc: Case file (WZ-18-07)
Enclosures
2
City of
Wheat �qge
PUBLIC WORKS
Memorandum
TO: Zack Wallace, Planning Technician
FROM: Dave Brossman, Development Review Engineer
DATE: March 7, 2017
SUBJECT: WZ-18-07 / Chrisp —11221 W. 44'h Avenue.
I have completed my review for the request for approval of a zone change from
Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use Neighborhood (MU -N)
for the property located at 11221 W. 44h Avenue received on March 6, 2017, 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 - Chrisp Re-Zone_lst Review.docx
MARTIN/MARTIN
CONSULTING ENGINEERS
March 6, 2018
Zack Wallace
City of Wheat Ridge
Community Development
7500 West 291h Avenue
Wheat Ridge CO 80033
Email: zwaIlace@ci.wheatridge.co.us
Re: Fruitdale Sanitation District —11221 W. 44th Ave. — WZ-18-07
Martin/Martin, Inc Project No.: 13.0053.C.01
Dear Mr. Wallace,
On behalf of the Fruitdale Sanitation District (FSD), Martin/Martin Inc., acting as the District Consulting Engineer, offers
the following in response to the referenced referral dated March 5th, 2018 concerning request for a zone change from
Agriculture-1/Commercial-1 to Mixed -Use Neighborhood at 11221 W. 44th Ave. The Fruitdale Sanitation District has no
objection for approval of the zone change 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 FSD. Treatment of sewage generated
within the FSD is provided by the Metro Wastewater Reclamation District (Metro).
Any modification to the site or existing structures and associated sanitary services on site must be referred to the
District. If re -development creates a capacity issue to existing sanitary lines downstream of the development, the
developer will be responsible for upsizing costs.
Existing Sanitary Sewer Mains
Fruitdale Sanitation District has the following sanitary sewer mains in the vicinity of the proposed property:
• 15 -inch mainline running west to east, south of the referenced property within W. 44th Ave.
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 FSD main.
Costs
All costs involved are to be deposited in advance— engineering, reviews, design, construction, legal, 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 Fruitdale 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 FSD, which are available
upon request.
MARTIN/MARTIN, INC.
12499 WEST COLFAX AVENUE
LAKEWOOD, COLORADO 80215
MAIN 303.431.6100
MARTINMARTIN.COM
Fruitdale Sanitation District —11221 W. 44th Ave. — WZ-18-07
March 6, 2018
Any questions regarding this document, please contact us at (303) 431-6100.
Sincerely,
Bill Willis
District Engineer
Cc: Gary Charbonnier, Fruitdale Sanitation District Manager
Page 212
VVI VVl- AV- i VO 1'i VVV .&4 VViV .n- 11-- -
VALLEY WATER DISTRICT
12101 WEST52NDAVENUE
WHEAT R117(;F,, COLORADO fi00;13
TF?,jyPI1L?NI? 303-424-9641
FAX 303-424-0829
March b, 2015
Zack Wallace Mendez
City of Wheat Ridge
Community Development Department
7500 W, 20' Avenue
Wheat Ridge, CO 900337
Dur Zack:
We have reviewed your Case No, WZ-15-07, C:hrisp, and of br the rollowinsg cornmems:
'filo Valley Water District hag• TIO Concerns with the proposed rezoning,
The District does have facilities ill the vicinity of the property, and can discuss any
specific water system design needs wilh the owner if future developitlont oCcllrs.
The developer should remain in contact with the 17istrict as the prnject progresses.
Please feel free to contact ale with any cluestiolls.
Sincerely,
.x
Ka een M. Kae puck
District Office Manager
%J V V i
XceiEnergysm
PUBLIC SERVICE COMPANY
March 7, 2018
City of Wheat Ridge Community Development
7500 West 2911 Avenue
Wheat Ridge, CO 80033
Attn: Zack Wallace Mendez
Re: Chrisp, Case # WZ-18-07
Right of Way & Permits
1123 West 3rd Avenue
Denver, Colorado 80223
Telephone: 303.571.3306
Facsimile: 303. 571.3284
donna.I.george@xcelenergy.com
Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has
reviewed the request for the Chrisp Rezone. Please be advised that PSCo has existing
electric distribution facilities within the areas indicated in this proposed rezone. Public Service
Company has no objection to this proposed rezone, contingent upon Public Service Company
of Colorado'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.
As the project progresses, the property owner/developer/contractor must complete the
application process for any new natural gas or electric service, or modification to existing
facilities including relocation and/or removal via FastApp-Fax-Email-USPS (go to:
httcs://www.xcelenercy.com/start, stoo._transfer/new construction service activation for buil
ders). It is then the responsibility of the developer to contact the Designer assigned to the
project for approval of design details. Additional easements may need to be acquired by
separate document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification
Center at 1-800-922-1987 to have all utilities located prior to any construction.
If you have any questions about this referral response, please contact me at (303) 571-3306.
Donna George
Right of Way and Permits
Public Service Company of Colorado
From: Mark Moellenbero
To: Zackary Wallace
Subject: RE: WZ-18-07 Referral
Date: Monday, March 19, 2018 10:35:23 AM
We don't have any objections to this one either.
Thanks,
Moe
Sgt. Mark Moellenberg
Criminal Investigations Bureau
Wheat Ridge Police Department
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Desk: 303-235-2904
www.ci.wheatrid eg co.us
City of
rIc
�'� h I Z, ICI DtIhARIMINI
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.
From: Zackary Wallace
Sent: Monday, March 05, 2018 4:53 PM
To: Mark Moellenberg
Subject: WZ-18-07 Referral
Mark,
The Wheat Ridge Community Development Department has received a request for approval of a zone
change from Agricultural -One (A-1) to Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) at
11221 W. 44th Avenue (Case No. WZ-18-07). Please download the application documents from the City
drive:
Folder: V:\Community Development Land Use Case Referral
File name: WZ-18-07 - Chrisp
Comments are due by Tuesday, March 20, 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
�a da Fire- ecti—em 1X000
7903 Allison Way Arvada CO 80005. 303-424-3012 •303-432-7995 fax
March 19, 2018
Mr. Zackary Wallace, Planner
City of Wheat Ridge
7500 W 29h Avenue
Wheat Ridge, CO 80033
Re: 11221 W 40' Avenue -Rezone, COWR Project # WZ-18-07, AFPD Project # 18-071D
Mr. Wallace:
The referral referenced above was reviewed for compliance with the 2012 International Fire
Code (IFC) as adopted under Section 5-86 of the City of Wheat Ridge Municipal Code. The
Fire District has the following comments regarding this development plan.
1. Fire protection service
This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection
District (AFPD). The fire protection services for this parcel are provided primarily by AFPD
Fire Station #2 located at 5250 Oak Street.
2. Future Development
At this time the Fire District has no additional requirements for this case as submitted.
Further comments and definitive Fire District requirements will be provided/identified once
the applicant provides the site plan with more detail on building size, site layout and fire
hydrant/water distribution utilities.
I can be contacted at (720) 398-0297 or via e-mail at kevin.fel[y@,arvadafire.com if you or the
developer should have any questions or need further information.
Sincerely,
k4A-,-, _)��
Kevin Ferry
Fire Marshal
From: Pulciani, Dustin
To: Zackary Wallace
Subject: RE: Wheat Ridge Referral - WZ-18-07
Date: Tuesday, March 20, 2018 4:17:25 PM
Zack,
CenturyLink has no objection to the proposed application.
Thanks
Dustin Pulciani, ROW Agent
CenturyLink
700 W. Mineral Ave., Littleton, CO 80120
Cell: 720-520-3133
Dustin.Pulciani@centurylink.com
�
, % 'CenturyLink-
Stronger Connected"
From: Zackary Wallace[mailto:zwaIlace@ci.wheatridge.co.us]
Sent: Monday, March 5, 2018 4:50 PM
To: Pulciani, Dustin <Dustin.Pulciani@centurylink.com>
Subject: Wheat Ridge Referral - WZ-18-07
Dustin,
The Wheat Ridge Community Development Department has received a request for approval of a zone
change from Agricultural -One (A-1) to Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) at
11221 W. 44th Avenue (Case No. WZ-18-07). You may access the application materials via the vollowing
dropbox link:
hftDsa/www.dropbox.com/sh/3c87hyoyjptkDhk/AABXCwPyF-e3ZhXK1 %,rvu vvviLHa"?d1=U
Comments are due by Tuesday, March 20, 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.ci.wheatrid eg co.us
j6 City of
pica i� �c`�
City of:Community Development
Wheat 1 � e 7500 West 29th Avenue
comMUNI I Y DEVELOPMENT Wheat Ridge, Colorado 80033
Ph: 303.235.2846 Fax: 303.235.2857
Community Development Referral Form
Date Mailed: March 6, 2018
Response Due: March 20, 2018
The Wheat Ridge Community Development Department has received a request for approval of a zone
change at 11221 W. 44' Avenue.
No response from you will constitute having no objections or concerns regarding this proposal.
Case No.: WZ-18-07 / Chrisp
Request: The applicant is requesting a zone change from Agricultural -One (A-1) and Commercial -One
(C-1) to Mixed Use -Neighborhood (MU -N). The applicant is proposing the zone change to
better market the property for redevelopment. The applicant envisions residential units with
commercial shop fronts, but does not currently have a developer involved.
The subject property is located on the north side of 44' Avenue, west of Pierson Street. Four
houses built between 1896 and 1909 occupy the western portion of the property, zoned A-1.
A bar/tavern, constructed in 1942, sits on the eastern portion of the lot, zoned C-1. The
owner previously received several offers on the property, but due to the split zoning and the
limitations of the A-1 zone district, the offers fell through. Seeing the interest and potential in
the property, the owner would like to rezone the property to better market it to developers.
The mixed use zoning will allow for future commercial, residential, or mixed use/live-work
development on the property. West 44th Avenue is identified as a Neighborhood Commercial
Corridor in the Envision Wheat Ridge Comprehensive Plan.
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 Fax: 303.235.2852
DISTRIBUTION:
Valley Water District
Fruitdale Sanitation District
Arvada Fire District
Xcel Energy
Century Link
Comcast Cable
Wheat Ridge Police Department
Wheat Ridge Public Works
Wheat Ridge Building Division
Wheat Ridge Economic Development
Vicinity Map
NOTE: Land use applications must be
submitted BY APPOINTMENT with a
City of planner. Incomplete applications will not
wheat idle be accepted—refer to submittal checklists.
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 Oa1�93�CSd\N�
Address, City, State, Zip
Owner
Address, City, State, Zip
Contact
Address, City, State, Zip
Phone
Email
Phone 303 `�'UEf?Email A-�=CeSocA, —
Phone
Email
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): jj�- �U VJ �, 9 As�,
Type of action requested (check one or more of the actions listed below which pertain to your request):
Change of Zone or Zone Conditions O Special Use Permit O Subdivision – specify type:
O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots)
O Planned Building Group O Site Plan O Minor (4 or 5 lots)
O Temporary Use, Building, Sign O Concept Plan 0 Major (6 or more lots)
O Variance/Waiver (from Section 26-___) 0 Right of Way Vacation 0 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 beh .
Notarized Signature of Applicant°
State of Color o
County of } ss G
The fore goi instrument Land Use ProcessingApplication) was acknowledged by me this ld- day of , 20
by A 7Z�Ajt
SIA DAVIS
NPUBLIC
Notary Public STATE OF COLORADO
s NOTARY ID 20164025638
My commission expires /_L/20{
1 V Vim. 1111V4 VLLL y a r�
Date received 3- $ - )`$ Fee $ � ( 061 7 _ Case No. G - K6-0
Comp Plan Design. Receipt No. AD I S --02 } 03 Quarter Section MapA)Wolt
Related Case No. Pre -App Mtg. Date Case Manager m4eA e:?
Assessor's Parcel No. 301 - 212 -•05 Current Zoning : l a C - [ Current Use ra
Size (acres or sgft) � 79 S Proposed Zoning J&I Proposed Use a 5bres
Rev 1/22/ 2016
City of
Rev. 512014
hc�tcL
Submittal Checklist: Zone Change (straight zone district)
Project Name: -L-U.
Project Location:
Application Contents:
A zone change application is required for approval of a rezoning to any non -planned
development (straight) zone district. The following items represent a complete zone change
application:
1. Completed, notarized land use application formf
K2. Application fee
3. Signed submittal checklist (this document)
4. Proof of ownership—e.g. deed -"
5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
V6. Mineral rights certification form`
_7. 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
4./9. Written request and description of the proposal
_ Include a response to the zone change review criteria—these are found in Section
26-112 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. 1 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, 1 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.
Signat Date: _ s 1 t%
Name (please print): phone:
Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us
2-24-2018
Good afternoon!
I am proposing to rezone the site from its current split zoning agricultural -one (A-1) and commercial
one (C-1) to mix use- neighborhood (MU -N). I would like to make the land more useful and have a
vision of town home, row homes and/or apartment development with the potential of a storefront on
44th. This will benefit the city by bringing value to the city of Wheat Ridge and the surrounding
neighbors. It will present nice curb appeal for 44th Street especially because everything is becoming
more modernized. It will not have any negative affect on any public facilities. There will be not be an
impact on traffic. It will have the necessary entrance and exits to the property. We are in hopes that
the public hearing will present the opportunity to engage on this in endeavor.
Regards,
n
LL
Francesca Chrisp
303 506 6155
City of
WheatI�idge
COMMUNITY DEVELC7PMENT
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 (90) 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.
, as (VUN of/with S C \T -01W
(Print name) (Position/Job Title) (Entity applying for permit/approval)
(hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for
0
set for public hearing on
(Describe type of application)
20_, has been sent to all mineral estate owners at least thirty (30) days
before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records
of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion
of the property subject to the above referenced application.
Check here if there are no mineral estate owners of any portion of the subject property.
I hereby further certify that 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 day of , 20_,
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THIS DOCUMENT WAS PREPARE BY THE ATTORNEY FOR T$E BUYER
IT HAS NOT BEEN APPROVED BY THE REAL ESTATE COMMISSION
ALL-INCLUSIVE DEED OF TRUST
THIS DEED OF TRUST is made this 22nd day of December, 2011, between FRANCESCA A. CHRISP
(Borrower), whose address is 11221 W. 44th Ave, Wheat Ridge, CO 80033; and the Public Trustee of the County
in which the Property (see paragraph 1) is situated (Trustee); for the benefit of
SANDRA E. GONTAR, whose address is 5628 Orion Circle, Golden, CO 80403 (Lender).
Borrower and Lender covenant and agree as follows:
1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein
created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located
in the County of JEFFESON, State of Colorado:
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10% of any payment not received by the Lender within 10 days after payment is due; and Borrower has the right to
prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except
N/A.
3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property,
and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in
existence, and recorded declarations, restrictions, reservations and covenants, if any, as of this date.
4. Payment of Principal and interest. Borrower shall promptly pay when due the principal of and
interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of
Borrower's other covenants contained in the Note.
5. Application of Payments. All payments received by Lender under the teams hereof shall be
applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and
Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the
balance in accordance with the terms and conditions of the Note.
6. Prior Mortgages and Deeds of Trust;, Charges; Liens. Borrower shall perform all of
Borrower's obligations under any prior deed of trust and any other prior liens. Borrower shall pay all taxes,
assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority
over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner set out in paragraph 23
(Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower making payment
when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments
otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation
by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the
obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments
and other payments as ordered by the court to the registry of the court in which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing orhereafter erected on
the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at
least equal to the lesser of (1) the insurable value of the Property or (2) an amount sufficient to pay the sums. secured
by this Deed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as
"Property, insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and
shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance
policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the
insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of
coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the
policies and renewals thereof.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such
restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such
restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the
insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to
Borrower. if the Property is�abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from
the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower that the insurance carrier
offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at
Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments
referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds. for Taxes and insurance) or
change the amount of such installmes. Notwithstanding anything herein to the contrary, if under paragraph is
(Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of
Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property
prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust
immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and
insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance
carriers, policies and proceeds.
t3. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair
and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the
provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations
under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of
the Property.
9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under
paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or
if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender's
interest in the Property, then Lender, at Lender's option, with notice to Borrower if required by law, may make such
appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not
limited to:
(a) any general or special taxes or ditch or water assessments levied or accruing against the Property;
(b) the premiums on any insurance necessary to protect any improvements comprising a part of the
Property;
(c) sums due on any prior lien or encumbrance on the Property-,
(d) if the Property is a leasehold or is subject to a lease, all sums due under such lease;
(e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's
interest in the Property, including repair and maintenance costs and expenses, costs and expenses of
protecting and securing the Property, receiver's fees and expenses, inspection fees, appraisal fees,
court costs, attorney fees and costs, and fees and costs of an attorney in the employment of the Lender
or holder of the certificate of purchase;
(f) all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the
Property or by law or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional
indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereon and Lender may bring suit to collect any amounts 'so disbursed plus interest
specified in paragraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require
Lender to incur any expense or take any action hereunder.
10. Inspection, sender may make or cause tp be made reasonable entries upon and inspection of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause
therefor related to Lender's iaterest in the Property -
11. Condemnation. The proceeds of any.award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of
Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed
Of trust.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of
Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds
remaining after taking out any part of the award ' due any prior lien holder (net award) shall be divided between
Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior
to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's
equity in the Property means the fair market value of the Property less the amount of sums secured by both this Deed
of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to
the date of taking.
If the Property is abandoned by Borrower, or % after notice by Lender to Borrower that the condemnor offers
to make an award or settle a claim for damages, Borrower fails to respond to Lender witlik 30 days after the date
such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration
or repair of the Property or to the sums secured by this.Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments
referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and insurance) nor
change the amount of such installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of
the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate
to release, in any manner, the. liability of the original Borrower, nor Borrower's successors in interest, from the
original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor
or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by
reason of any demand made by the original Borrower nor Borrower's successors in interest
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or
remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or
remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from
and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity,
and may be exercised concurrently, independently or successively.
15. Successors and Assigus Bound; Joint and Several Liability; Captions. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns
of Lender and Borrower, subject to the provisions of paragraph 24 (Transfer of the Property, Assumption). All
covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in
this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to
Borrower provided for in this Deed of Trust shall be in writing and shalt be given and be effective upon (1) delivery
to Borrower or (2) mailing such notice by first- class U.S. mail, addressed to Borrower at Borrower's address stated
herein or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice
to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such
notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by
notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been
given to Borrower or Lender when given in any manner designated herein.
17. Governing Law; Severability: The Note and this Deed of Trust shall be governed by the law of
Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such
conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the
conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of
the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,
or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under
paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and
payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies
permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees.
ULender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall
give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice
as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks
in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such
notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required
by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash
at the time and place (which may. be on the Property or any part thereof as permitted by law) in one or more parcels
as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase
the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the
purchase money.
Trustee shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses. of
the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; .(b) to all
sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any
sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by
paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges,
attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the
obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the
foreclosure proceedings shall be discontinued
20. Assignment. of Rents; Appointment of Receiver; Lender in Possession. As additional security
hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to
Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have
the right to collect and retain such rents as they become due and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property
after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled
during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled
thereto as a matter of right without regard to. the solvency or insolvency of Borrower or of the then owner of the
Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent
jurisdiction upon ex parte application and without notice -- notice being hereby expressly waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the
Property, Lender, m person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take
possession of and manage the Property and to collect the rents of the Property including those past due. All rents
collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of
the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender
and the receiver shall be liable to account only for those rents actually received
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to
release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and
shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in
accordance with paragraph 16 (Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost
instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Truck
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption
in the Property under state or federal law presently existing or hereafter enacted.
23. Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds as defined
below are being paid pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on
each day installments of principal and interest are payable under_ the Note, until the Note is paid in frill, a sum
(herein referred to as "Funds") equal to 1/12 of the yearly taxes and assessments which may attain priority over this
Deed of Trust, plus 1/12 of yearly premium installments for Property Insurance, all as reasonably estimated initially
and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof, taking into
account any excess Funds not used or shortages.
The principal of the Funds shall be held in a separate account, by the Lender in trust for the benefit of the
Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or
state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not
charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments
and bills. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums
secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance
premiums as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30
days from'the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower requesting
payment thereof. Provided however, if the loan secured by this Deed of Trust is subject to RESPA or other laws
regulating Escrow Accounts, such deficiency, surplus or any other required adjustment shall be paid, credited or
adjusted in compliance with such applicable laws.
Upon payment in hill of all sums secured by this Deed of Trust, Lender shall simultaneously refand to
Borrower any Funds held by Lender. If under -paragraph 18 (Acceleration; Foreclosure; Other Remedies) the
Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior
to the sale of the Property or its acquisition by Lender, whichever occurs first, any Funds held by Lender at the time
of application as a credit against the sums secured by this Deed of Trust.
24. Transfer of the Property; Due on Transfer. The following events shall be referred to herein as a
"Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any
part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion
themofy legal or equitable) in the Property (or any part thereof or interest therein), (iii) or an agreement granting a
possessory right in the Property (or any portion thereof), in excess of three (3) years, (iv) a sale or transfer of, or the
execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) .of the
controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization,
liquidation or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation of a lien or
encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household
appliances, or (iii) a transfer by devise, descent or by operation of. the law upon the death of a joint tenant. At the
election of Lender, in the event of each and every transfer.
(a) Upon the Transfer of the property as defined above, lender may, at its option, accelerate the
balance of the loan, and said balance shall immediately become due and payable.
(b) If Lender exercises such option to Accelerate, Lender shall give Borrower notice of Acceleration
in accordance with paragraph 16 (Notice). The notice shall inform Borrower of the right to assert in the foreclosure
proceeding the nonexistence of a default or any other defense of Borrower to Acceleration and sale. Such notice
shall also provide a period of not less than 10 days from the date the notice is given within which Borrower may pay
the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may,
without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 (Acceleration;
Foreclosure; Other Remedies). Lender shall give notice of such Acceleration, within thirty (30) days after notice of
any Transfer is given to Lender by Borrower or Transferee in accordance with paragraph 16 (Notice).
25. Wraparound. This Deed of trust is subordinate and inferior to that certain Deed of Trust
from SG VENTURES, LLC to WELLS FARGO BANK, NA dated 8!32003 and recorded in the Clerk and
Recorder of Douglas County, Colorado at reception No. F1891017. The Primary Note is. pre -payable without
premium or penalty. Lender warrants and represents that there exists no default or any event that would constitute
an event of default under the terms of the Primary Note or Primary Deed of trust.] .
(a) Borrower will pay directly to Lender the installments of principal and interest required by the
terms of the Note and will not make any payment directly to the owner and holder of the Primary Deed of trust and
Primary Note or request any release, partial release, amendment, or other modification of the Primary Note or
Primary Deed of trust without the prior written consent of Lender.
(b) Upon receipt of such payment and from.the proceeds thereof, Lender shall pay each .
installment of principal and interest on the Primary Note at least 5 days before it becomes due and payable and shall
submit evidence of such payment to Borrower before such date. In the event that Borrower makes a prepayment
under the Note, Lender shall make a corresponding prepayment on the Primary Note. Upon satisfaction of the Note
and Deed of trust by Borrower, Lender shall immediately pay the entire outstanding balance due on the Primary
Note and Primary Deed of trust and cause a satisfaction of the Primary deed of trust to be delivered to Borrower.
(c) In the event Lender fails to make such payments on the Primary Note and Primary Deed of
trust when due and payable and furnish evidence of such payment to Borrower as provided in the preceding
paragraph, Borrower may, at Borrowers option, elect to make such payments on the Primary Note and deduct such
amounts from the amount of the installment due on the Note.
(d) N an event of default occurs in the Primary Deed of trust, Lender agrees that upon receipt by
Lender of any notice of default given by the holder of the Primary Note pursuant thereto or pursuant to the Primary
Deed of trust securing same, Lender shall immediately send to Borrower a copy of same, or in the event Lender
becomes aware of any event of default, Lender shall immediately notify Borrower thereof and Borrower may, at
Borrower's option, perform any act required in any form or manner deemed expedient to cure such event of default.
(e) Lender shall have the right at any time to prepay the Primary Note.
(f) Lender shall not, without securing the prior written consent and approval of Borrower:
L Alter, modify, renew, rearrange, restructure, or refinance the Primary Note, provided
however that Lender may enter into agreements to extend the maturity date of the Primary Nate
and Primary Deed of trust or to reduce the interest payable under the Primary Note;
ii. Take any action, or authorize any action to be taken, that would have the effect of
increasing the total amount of the indebtedness evidenced by the Primary Note or secured by the
Primary Deed of trust; or
iii. Request or accept any extension, postponement, indulgence, or forgiveness of the
Primary Note, unless Lender shall grant Borrower a corresponding extension, postponement,
indulgence, or forgiveness under the Note.
(g) Any proceeds of insurance policies required to be kept in force hereunder shall be payable to Lender
and the lender of the Primary Deed of trust "as their interests may appear", and such policies shall be kept by Lender
and Lender agrees that his or her interest in such policies or the proceeds. thereof are inferior and subordinate to the
interest of the lender of the Primary Deed of trust To the extent the proceeds of such insurance policies_ are paid to
the lender. of the Primary Deed of trust, Borrower shall be entitled to a credit on the Note equal to the,amount of
such payment of proceeds.
(h) Any reference contained herein as to the right of Borrower to pay any sum owing on the Primary Note
shall not constitute an assumption of personal liability for any such payment, and shall not in any way modify the
obligation of Lender to the lender of such Primary Deed of trust
26. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
FRANCESCA A. CHRISP
State of Colorado )
) ss.
County of ) 1/
On 7 date) before me, ,r„irTLs , a notary public in and far the
state of personally appeared FRANCESCA A. CCEUMP, personally known
to me ( or proved to me on the basis of satisfactory evidence).to be the person($) whose name (s) istare subscribed to
the within instrument and acknowledged to me that he/she/they. executed the same in his/her/their authorized
capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument. ®.-
WITNESS my hand and official seal.
F�
NOT SIGNATURE o
yNYLo�+tl�',iSs►v� .4iOA-8 Y SEALeQ
City of
COM Wheat Ogic
COMMUNITY DEVELOPMENT
City of wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.28461 F: 303.235.2857
NEIGHBORHOOD MEETING NOTES
Meeting Date: February 7, 2018
Attending Staff: Zack Wallace Mendez, Planner II
Location of Meeting: Wheat Ridge Municipal Center
Property Address: 11221 W. 44a' Avenue
Property Owner(s): SG Ventures, LLC
Property Owner(s) Present? Yes, Francesca Chrisp
Applicant: Francesca Chrisp
Applicant Present? Yes
Existing Zoning: Agricultural -One (A-1) and Commercial -One (C-1)
Existing Comp. Plan: Neighborhood Commercial Corridor
Existing Site Conditions: The property is located on the north side of W. 40 Avenue, between
Pierson Street and Quail Street. The western side of the property is zoned Agricultural -One (A-1) and
contains four single-family homes. The eastern side of the property is zoned Commercial -One (C-1) and
contains a vacant commercial building, formerly a bar. The largest home was built in 1869, and the other
homes were built in 1909, according to the Jefferson County Assessor. The bar building was built in
1942. The lot is approximately 97,879 square feet (2.247 acres).
Surrounding properties include a variety of commercial and residential uses. Properties to the east along
W. 44'h Avenue are zoned C-1 and contain commercial uses, including several auto -oriented uses.
Properties to the west along 44th Avenue are mostly zoned A-1 and contain homes on large lots. The
City's Public Works shops are located to the north of the site and are zoned Public Facility (PF).
Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the site from its current
split zoning of A-1 and C-1 to Mixed Use -Neighborhood (MU -N). The zone change would allow for
residential and/or commercial uses on the site, and allow for increased density on the site. While the
applicant has no immediate plans for redevelopment, they envision a townhome or apartment
development with a potential small storefront on W. 44"' Avenue.
www.ci.wheatridge.co.us
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, five members of the public attended the neighborhood meeting:
• Staff discussed the site, and its current zoning.
• The applicant and members of the public were informed of the process for the zone change.
• The members of the public were informed of their opportunity to make comments during the process
and at the public hearing.
• The applicant spoke about her vision for the property: townhomes with some commercial activity
along 44h Avenue. The applicant added that no developer is engaged, and she desires to update the
zoning to better market the property to developers.
The following issues were discussed regarding the zone change request:
• A question was raised regarding the land use and zoning of the property, as it already appears to be
mixed use.
Staff explained the property is one parcel but zoned with two different zoning designations.
Under the current code, the Agricultural zoning allows for one single-family house on an acre of
land. Currently the property has four homes, all of which pre -date the City of Wheat Ridge and
the present zoning. The Agricultural zone is a bit antiquated, and a remnant from Jefferson
County, and does not allow for much reinvestment in the property. The Mixed Use -
Neighborhood zone district would permit a mix of uses across the site, and provides more
options for reinvestment.
• Concerns were raised that after the zoning is approved anything could happen with the site.
Staff noted that while the exact future use of the property is undetermined, there is a defined list
ofpermitted uses and development standards in the City Code that will need to be met.
Additionally, future development will be subject to a site plan review to ensure it is in
compliance with the Code requirements.
• What school would children living here attend?
The applicant and Staff were unsure of the closest school to the property.
• Difference between MU -N and C-1 and A-1?
The MU-Nzone district encourages a mix of uses, and is flexible in allowing residential
development, commercial development, or a mix of the two. The C-1 zone district primarily
allows only commercial uses and development, and the A-1 zone district has a very limited list of
permitted uses that are more agricultural in nature.
• Is there a need for housing here, have any studies been conducted regarding the need? The attendee
added there is a perception of vacant residential buildings in area.
The City does not require market studies for zone changes or development applications.
• Concerns were raised that the rezoning and development of the property would devalue nearby
residential properties.
The applicant suggested that redevelopment in this property would bring up property values in
the area.
• An attendee asked if after rezoning the property could be anything and not just residential?
Staff noted that the development is not required to have any residential. But development must
still follow the list ofpermitted uses within the Zoning Code. The MU -N is more limited in
nature, in that it allows for a slightly more limited list of uses than the current C-1 zoning, and
does not allow some uses, such as auto related uses.
• Requirements that landscaping are upkept?
Staff mentioned the landscaping requirements in the Zoning Code and the required landscaped
setback buffers from adjacent single-family homes, and that maintenance of landscaping is
required. If it is not upkept, Code Enforcement can take action.
• How long is the process?
Once an application is submitted, the zone change process takes approximately 3 months.
Additionally, once development is proposed, the developer will need to process a site plan and
have building permits reviewed, each of which can take multiple months.
• Concerns regarding a proliferation of auto -related uses and `erotic' shops.
Auto -oriented uses and adult entertainment uses are not allowed in the MU-Nzone district.
• Traffic and parking concerns were raised.
The City does not require any traffic information with a speculative rezone such as this. Traffic
will be analyzed when a specific development proposal has been submitted to the City. There are
minimum parking requirements in the City Code that will be reviewed and enforced as part of a
future site plan application.
Aside from the five 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: i
Submit Complete Application
Step 4:
Staff Review, Referral
(Typically 15 days)
Step 6:
Comments to Applicant
i
Changes Necessary?
Yes No
I
Step 6:
Publish Request/Post Property for
Planning Commission Public Hearing
(15 days prior to public hearing)
Step 7:
Staff Report for
Planning Commission Public Hearing
Step 9: 1
Packet to City Council for 1st Reading
Step 11:
Resubmit Relevant Documents
(Based on Planning Commission
recommendation, if necessary)
_ 1 J
Step 12:
Publish Request/Post Property for
City Council Public Hearing
(15 days prior to public hearing)
• City of
C" Wheat�idge
MMUNITy DEVELOPMENT
11221 W. 44th Avenue
Proposed zone change from Commercial -One (C-1) and Agricultural -
One (A-1) to Mixed Use -Neighborhood (MU -N)
45TH AVE
�• yy
I
:roar.
V City of
Wheat Rdge
COMMUN1Ty DEVELOPmtN i
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.
6.
February 7, 2018 — 6 PM
Neighborhood Meeting
11221 W. 44th Avenue
Proposed zone change from Commercial -One (C-1) & Agricultural -One (A-1)
to Mixed Use -Neighborhood (MU -N)
PLEASE PRINT
Name Address
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4370 70 O)�n � f 0vh�� �
NOTICE OF NEIGHBORHOOD INPUT MEETING
S&G Ventures is proposing a Rezoning on property located at 11221 W 441h Ave. Wheat Ridge CO 80033. A
neighborhood meeting will be held on February 7, 2018 at 6:00 pm 7500 W 291 Ave. Wheat Ridge CO 80033. The
purpose of the request is to allow rezoning from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use —
Neighborhood (MU -N). This will allow the property to become more appealing to any prospective investors or
lenders. I feel it will be a perfect location for a residential development with a potential store front. Thank you in
advance for your consideration of our request.
The City of Wheat Ridge has adopted a requirement that prior to any application for the rezoning of property an
applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input
Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to
give the neighborhood a forum to express their concerns, issues and desires.
A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however,
the Planner will remain impartial regarding viability of the project.
Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is
the administrative process by the Community Development Director and/or the public hearing in front of City
Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you
submit written comments during the public notice period and/or attend the public hearing.
The neighborhood meeting is an informal setting that provides an opportunity for you to understand the scope of the
proposed project and the process for review. You will have the opportunity to speak with the applicant and city staff
and to ask any question that you may have related to the project.
If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the
meeting, you may mail comments or concerns to:
City of Wheat Ridge
Community Development Department
7500 West 29' Avenue
Wheat Ridge, Colorado 80033
4430 PIERSON ST LLC
PO BOX 234
WHEAT RIDGE CO 80034
ATKINSON ENTERPRISES LLC
7325 GRASHIO DR
COLORADO SPRINGS CO 80920
BAMBERGER LUCAS BAMBERGER KAREN
4375 PIERSON ST
WHEAT RIDGE CO 80033
BLAKEMAN KAY
4332 QUAILST
WHEAT RIDGE CO 80033
YORAM &JENNIFER SHAKIB FAMILY TRUST
515 NEWHAVEN ST
OAK PARK CA 91377
CLARK JASON SCOTT
11305 W 44TH AVE
WHEAT RIDGE CO 80033
DOMINGUEZ ARMANDO DOMINGUEZ VERA
CANDY
11050 W 45TH AVE
WHEAT RIDGE CO 80033
DWYER JOHN PATRICK DWYER PATRICIA ELLEN
3837 FLORENTINE DR
LONGMONT CO 80503
EKLEBERRY SHARON C
4385 QUAIL ST Unit A
WHEAT RIDGE CO 80033
5855B WADSWORTH LLC ALPINE VALLEY SCHOOL
6337 UMBER CIR 4501 PARFETST
ARVADA CO 80403 WHEAT RIDGE CO 80033
AUTO REFLECTIONS INC BAGLEY UZEL MALCOLM
11114 W 44TH AVE 4467 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
BARRY CRAIG A BASS VERNON E BASS CYNTHIA A
6829 XENON ST 4324 QUAIL ST
ARVADA CO 80002 WHEAT RIDGE CO 80033
BRUNKER MICHAEL MILLER DANIEL CAA VENTURES LLC
4365 PARFET ST P 0 BOX 518
WHEAT RIDGE CO 80033 EVERGREEN CO 80437
CARTER CHRISTOPHER A CERNIK PETER SAMUEL
4350 PIERSON ST 4355 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
COLTRIN BARBARA R DEVRIES RICHARD D DEVRIES DIANE M
4334 QUAIL ST 4300 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
DREUX CHARLES P JR DREUX MARY JO DUDGEON JOHN M SMOLLETT C JEAN
4600 ROBB ST 11180 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
EASON STEPHEN R EDWARDS PHILLIP G EDWARDS LILLIAN MARIE
4303 QUAIL ST 11297 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
EVANS JUSTIN ALEXANDER KUBISHTA LAURA
ELLIOTI- DINA CASEY
17076 W 85TH LN 4475 PARFET ST
ARVADA CO 80007 WHEAT RIDGE CO 80033
FLETCHER JO LYNN FREDERICKSON MARCUS R GENE E OSBORN EXEMPT FAMILY TRUST
11210 W 46TH AVE 4485 PIERSON ST 2400 ROUTT ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 LAKEWOOD CO 80215
GERNAT SETH KOSEK CARLY C GOLIGHTLY LORI K GOSIK GARY E
4305 PIERSON ST 4344 QUAIL ST 3440 YOUNGFIELD ST #276
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
GUNTLE BETTY
4615 QUAIL ST
WHEAT RIDGE CO 80033
WULF RICHARD G WULF CINDA L
PO BOX 3493
RAPID CITY SD 57709
HODGES ASA G SOKOL ROSETTA MARIE
4322 QUAIL ST
WHEAT RIDGE CO 80033
JEFFCOAT KENNETH R JEFFCOAT VIVIAN M
4314 QUAIL ST
WHEAT RIDGE CO 80033
JOSEPH M MARTINELLI JR & CAROL A MARTINEL
14755 E 53RD ST
YUMA AZ 85367
KRUSCHKE CHERYL ANN KRUSCHKE ROBERT
VALENTINE
4387 QUAIL ST Unit B
WHEAT RIDGE CO 80033
MARTIN FRENCH ROBERT MARTIN JUDY ANN
4485 PARFET ST
WHEAT RIDGE CO 80033
HABERKORN VINCENT
4372 QUAIL ST
WHEAT RIDGE CO 80033
HANNAM HEATHER D HANNAM WAYNE A
11240 W 46TH AVE
WHEAT RIDGE CO 80033
HOPKINS COMMONS HOMEOWNERS
ASSOCIATION
KANDRA CAPPS
10251 W 44TH AVE #2-205
WHEAT RIDGE CO 80033
JENSEN FAMILY TRUST
15483 W 51ST PL
GOLDEN CO 80403
KAREN JANYCE HAGAMAN REVOCABLE TRUST
4347 QUAIL ST
WHEAT RIDGE CO 80033
LAWSON ROBERT LAWSON CAROLYN
7467 W 75TH AVE
ARVADA CO 80003
MULHOLLAND LORI L
4301 QUAIL ST
WHEAT RIDGE CO 80033
NOFFSINGER SARAH ANN NOFFSINGER TERRY
NICHOLS JOHN C NOFFSINGER JILL
5924 ZINNIA CT 4480 PIERSON ST
ARVADA CO 80004 WHEAT RIDGE CO 80033
HADERER RICHARD A TRUSTEE HADERER ALISSA
L TRUSTEE HADERER PAUL RAYMOND TRUSTEE
3449 ENTERPRISE AVE
HAYWARD CA 94545
HEINE KARIN
4596 PARFET ST
WHEAT RIDGE CO 80033
JAMES KENNETH D JAMES ELLEN L
8 MEADOWLARK LN
LITTLETON CO 80123
JONES MICHAEL
4302 QUAIL ST
WHEAT RIDGE CO 80033
KOSTER KATHRYN ELIZABETH KOSTER KATHRYN
4495 PIERSON ST
WHEAT RIDGE CO 80033
LORD HENRY LORD RITA
11320 W 46TH AVE
WHEAT RIDGE CO 80033
MYRLE LEAH GUERRIE TRUST THE
4305 QUAIL ST
WHEAT RIDGE CO 80033
NORMA L YOUNG TRUST
11280 W 46TH AVE
WHEAT RIDGE CO 80033
0 DONNELL SUSAN JONES OBIALERO JOHN T JR OBIALERO RICHARD JOHN ORTIZ ROBERT LEE
4352 QUAIL ST 11130 W 44TH AVE 4447 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
PARKSIDE PATIO HOMEOWNERS ASSOCIATION PARKSIDE PATIO HOMEOWNERS ASSOCIATION
OTA MICHAEL J R& J ASSOCIATES R& J ASSOCIATES
4420 PIERSON ST 8600 RALSTON RD 4570 TELLER ST
WHEAT RIDGE CO 80033 ARVADA CO 80002 WHEAT RIDGE CO 80033
PARKSIDE PATIO HOMEOWNERS ASSOCIATION
KAREN MOSER
11941 W 77TH DR
ARVADA CO 80005
PIERSON GROUP LTD
13847 W 22ND AVE
GOLDEN CO 80401
R & J ASSOCIATES
TREASURER
100 JEFFERSON COUNTY PKWY #2520
GOLDEN CO 80419
PEREZ PAT
4360 PIERSON ST
WHEAT RIDGE CO 80033
PROFT PETR
11301 W 44TH AVE
WHEAT RIDGE CO 80033
REDIG RUSSELL W REDIG CHRISTOPHER E
11266 W 75TH AVE
ARVADA CO 80005
RIVERO SYLVIA D LIFE ESTATE VIGIL MARK VIGIL
MICHAEL V ROCHEL JULIE
4367 QUAIL ST 4351 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
SALSBY REX A SALSBY SANDRA L SAND DALE ALAN
4354 QUAIL ST 4342 QUAIL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
SG VENTURES LLC SHANNON JOHN
11221 W 44TH AVE 4341 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
SPENCER LONNIE R SPRINGER CHEMAINE D BOSWELL DIRK 0
4455 PARFET ST 4499 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
THOMAS THELMA A THREE BAY INVESTMENT GROUP LLC
4374 QUAIL ST 920 12TH ST
WHEAT RIDGE CO 80033 GOLDEN CO 80401
UTLEY CURTIS VIGIL MARIO SOLANO BRENDA
4435 PIERSON ST 5772 W 71ST PL
WHEAT RIDGE CO 80033 ARVADA CO 80003
PETRALIA PAMELA
4457 PARFET ST
WHEAT RIDGE CO 80033
PURCHASE BRYCE PURCHASE CATHERINE
4370 PIERSON ST
WHEAT RIDGE CO 80033
REGRUT MICHAEL W
8548 67TH PL
ARVADA CO 80004
ROSETTE JOAN A
4444 PARFET ST
WHEAT RIDGE CO 80033
SCHROEDER RICHARD
5717 MC INTYRE ST
GOLDEN CO 80403
SOTO PHYLLIS
4477 PARFET ST
WHEAT RIDGE CO 80033
STAROSKA JENNIFER MCCOY EDWARD
4500 ROBB ST
WHEAT RIDGE CO 80033
TROSTLE DEBORAH
4465 PARFET ST
WHEAT RIDGE CO 80033
WALLENSTEIN JON] N
4365 QUAIL ST
WHEAT RIDGE CO 80033
WILKINSON ANN WILLIAMS ALLEN EUGENE WINKLER TIMOTHY J
19394 SILVER RANCH RD 5192 BRAUN ST 4312 QUAIL ST
CONIFER CO 80433 ARVADA CO 80004 WHEAT RIDGE CO 80033
WINZENT COMPANY LLC KRAPES DAVID A
KRAPES MARGARET A WORTH CLAY 0 JR WORTH CLAUDIA
1800 ZANG ST 4650 OAK ST
GOLDEN CO 80401 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
4430 PIERSON ST 11049 W 44TH AVE 4600 QUAIL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
11095 W 45TH AVE 4307 QUAIL ST Unit A 10995 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
4593 PARFET ST 11101 W 45TH AVE 4620 QUAIL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
4490 PIERSON ST 4625 QUAIL ST 11085 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
11091 W 44TH AVE 11072 W 44TH AVE 4470 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
11295 W 44TH AVE 4595 PARFET ST 10930 W 44TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
4475 PIERSON ST 4355 PIERSON ST 4393 PIERSON ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
4365 PIERSON ST 4445 PARFET ST 4440 PARFET ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
11310 W 46TH AVE 11111 W 44TH AVE 4310 QUAIL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
10985 W 45TH AVE 11125 W 45TH AVE 4345 QUAIL ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT
4605 QUAIL ST 4380 PIERSON ST 11315 W 46TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
City of
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MUNITY DEVELOPMENT
Meeting Date:
Applicant:
PRE -APPLICATION MEETING SUMMARY
January 5, 2018
Francesca Chrisp
Attending Staff: Meredith Reckert, Senior Planner
Scott Cutler, Planning Technician
Zack Wallace Mendez, Planner II
Steve Art, Economic Development Manager
Specific Site Location: 11221 W. 44th Avenue
Existing Zoning: Agricultural -One (A-1) and Commercial -One (C-1)
Existing Comp. Plan: Neighborhood / Neighborhood Commercial Corridor
Existing Site Conditions:
The property is located on the north side of W. 44th Avenue, between Pierson Street and Quail Street.
The western side of the property is zoned Agricultural -One (A-1) and contains four single-family
homes. The eastern side of the property is zoned Commercial -One (C-1) and contains a vacant
commercial building, formerly a bar. The largest home was built in 1869, and the other homes were
built in 1909, according to the Jefferson County Assessor. The bar building was built in 1942. The lot
is approximately 97,879 square feet (2.247 acres).
Surrounding properties include a variety of commercial and residential uses. Properties to the east
along W. 44h Avenue are zoned C-1 and contain commercial uses, including several auto -oriented
uses. Properties to the west along 44h Avenue are mostly zoned A-1 and contain homes on large lots.
The City's Public Works shops are located to the north of the site and are zoned Public Facility (PF).
Applicant/Owner Preliminary Proposal:
The applicant has proposed to rezone the site from its current split zoning of A-1 and C-1 to Mixed
Use — Neighborhood (MU -N). The zone change would allow for residential and/or commercial uses
on the site, and allow for increased density on the site. While the applicant has no immediate plans for
redevelopment, they envision a townhome or apartment development with a potential small storefront
on W. 40 Avenue.
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 currently split between Agricultural -One (A-1) and Commercial -One (C-1). A-1 zoning
allows for large lot single-family homes and various light agricultural uses. The C-1 zone allows for a
wide variety of commercial uses. The existing A-1 side of the property is not in compliance with the
zone district standards, so the site is considered nonconforming and can continue to operate as -is
provided no additional changes are made.
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. There is
precedent for rezoning to MU -N along arterial streets, including W. 44t` Avenue. The MU -N zoning
will also allow the property to come closer into compliance with zone district standards.
Based on the current lot size of 2.247 acres, the maximum density allowed if the property is zoned to
mixed use is 47 units.
Required Fees
The fee for a neighborhood meeting is $101.50.
The fee for a rezoning application is $600 + $125/acre + $225 for the publication/public notice. This
will result in a $1,105.86 fee, due at time of application.
Future fees may include a site plan application fee, which is $200 + $200/acre. In addition, all new
residential development is subject to parkland dedication, based on the number of new units generated.
Where land is not available to dedicate, a fee in lieu is required. The fee is paid at the time the plat is
recorded or prior to building permit issuance. This fee is $2,497.29 per dwelling unit. If the existing
homes are demolished, credit will be given for those four units.
Utility Providers
The City of Wheat Ridge is not a full-service city. The utility and service providers for this property
include:
• Arvada Fire Protection District, phone: 303-424-3012
• Valley Water District, phone: 303-424-9661
• Fruitdale Sanitation District, phone: 303-424-5476
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 Building Division was not present at the meeting. 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.
2
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 at this time.
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 January 5,
2018. 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
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
Dave Brossman — Development Review Engineer
303-235-2864
Mark Westberg — Projects Supervisor
303-235-2863
Steve Art — Economic Development Manager
303-235-2806
4
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PRE—APPLICATION MEETING REQUEST FORM
Community Development Department
7500 West 29th Avenue a Wheat Ridge, CO 80033 a Phone (303) 235-2846
Thank you for your interest in scheduling a pre -application meeting with the City of Wheat Ridge, we look forward to
reviewing your request and meeting with you. The pre -application meeting process was established to provide an
opportunity for potential applicants to meet with the City of Wheat Ridge's Development Review Team to discuss
development proposals and learn more about the City's technical and procedural requirements, which are often unique to
each zone district, development proposal, floodplain designation, etc. Pre -application meetings are required prior to the
submittal of most land use applications.
The City of Wheat Ridge's Development Review Team has established two standing meeting times every Thursday for
pre -application meetings: 2-3pm and 3-4pm. Once the form below and any necessary materials are submitted, you will
be contacted by the Community Development Department to schedule a pre -application meeting. Meetings will be
scheduled no earlier than 7 business days from the date you are contacted. However, it is not uncommon for pre -
application meetings to be booked several weeks out.
A $200 fee is required for a pre -application meeting. This fee is payable by cash, check, Visa or MasterCard at your
scheduled meeting time.
Contact Information
Name Francesca Chrisp
Phone 303-506-6155 Email francesca_amor@yahoo.com
Address, City, State, Zip 7677 Logan st Thornton CO 80229
Additional Contact Information (if necessary)
Name Phone
Address, City, State, Zip
Site Location (address): 11221 W 44th ave. Wheat Ridge CO 80033
Email
Relevant land use processes you are inquiring about (check one or more of the actions listed below which pertain to your meeting):
O Subdivision or Lot Consolidation O Planned Building Group 0 Variance
O Special/Conditional Use Permit O Planned Development 13 Site Plan
Cl Major remodel or change of use IPM Rezoning
O Other:
At a minimum, two items are necessary to properly review your proposal prior to the pre -application meeting: a
narrative and site plan. The narrative must provide enough detail to adequately describe the scope of work being
proposed. It is acceptable for the site plan to be preliminary in nature; it is not required to be professionally drawn
but should be scaled, labeled, and legible.
The narrative and site plan will need to be submitted prior to scheduling your pre -application meeting. Please contact
Tammy Odean at 303-235-2846 or todean@ci.wheatridge.co.us for any questions regarding submittal requirements.
The more information you can provide regarding a project, the more productive a pre -app meeting can be. Please also
consider submitting the following items if they are available: a survey or ILC of the property, subdivision sketch plan (if
subdividing or platting), conceptual landscape plans, and conceptual architectural plans or examples.
If you have been in contact with a Staff member prior to filling out this request please indicate their name below:
Zach Wallace Mendez Approximate date of contact:
Acknowledgements
O I acknowledge that I must submit a narrative and preliminary site plan, and any other relevant documentation to
with the Wheat Ridge Planning Division with this request form prior to being contacted to schedule a pre -
application meeting.
O I will submit the following information concurrently with this form (* denotes a required submittal):
S Proposal Narrative* O Concept landscape plans
O Site Plan* O Conceptual Architectural Plans/ Examples
O Survey or ILC O Subdivision sketch plan
O I acknowledge that there is a $200 fee for the pre -application meeting, payable by cash, Visa, MasterCard, or
check payable to the `City of Wheat Ridge' at the time of my scheduled pre -application meeting.
Submit
You have two options for submitting this form:
1) Click the button below to submit this completed PDF via e-mail. Please attach the necessary submittal items
(narrative and site plan, at a minimum) to the e-mail with this form. Meeting request forms sent without the
necessary submittal requirements will be considered incomplete and will not be scheduled for a pre -application
meeting.
Click here to submit farm via email
2) Print and mail, or drop off, the form to:
City of Wheat Ridge
c% Planning Division (Pre Application)
7500 W 29th Avenue
Wheat Ridge, CO 80033
To be filled out by staff:
Date request received
Pre -app meeting date
Case Manager
Date submittals rec'd
Fee Received
Due Diligence Complete
Rev