Loading...
HomeMy WebLinkAboutWZ-18-01City of i� Wheat -Midge COMMU.NI.TY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. March 28, 2018 Tom Kennedy 119411-70 Frontage Road North Wheat Ridge, CO 80033 Dear Mr. Kennedy: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of March 26, 2018, City Council APPROVED Case No. WZ-18-01, a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested zoning has been reviewed by Planning Commission, which has forwarded its recommendation of approval. 3. The requested zoning has been found to comply with the "criteria for review" in Section 26- 112-E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes cc: WZ-18-01 (case file) WZ1801.doc www.ci.wheatridge.coms CITY COUNCIL MINUTES: MARCH 26, 2018 integrity. He defended the integrity of the City for following the code and providing rights to private property/business owners to come here and do business. If people want changes in the code they should make that known in public comment before a meeting. Council has been trying to follow a framework that is consistent and reliable and sends the message that we are open for business. Councilmember Mathews was told the SDP will only go to Planning Commission and has a 300 ft notification requirement; Council will see the subdivision plat. Mr. Goff added that financial agreements will also come to Council for approval. Councilmember Fitzgerald will vote for this because he thinks it is a quality project. Councilmember Dozeman said she would support this, but still has concerns about the need for sales tax revenue — which is what voters wanted when they approved 2E. The motion carried 8-0. A recess was taken at 10:34 pm. The meeting resumed at 10:45 pm. 2. Council Bill 05-2018 — An Ordinance approving the rezoning of property located at 4433 Tabor Street from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) (Case No. WZ-18-01/Kennedy) The applicant is requesting the zone change to expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property. Councilmember Dozeman introduced Council Bill 05-2018. Councilmember Mathews read the following statement: Councilor Pond has raised the issue through the City Attorney that I misspoke during the first reading for the Tabor Street rezoning. The attorney has suggested I clarify my thoughts for the record. It is always my intent to listen to all parties and information at the public hearings on second reading for all rezoning applications. I sometimes change my opinion and potential vote several times during a hearing as more information is provided from different parties and I am swayed one way or another. For the record I have not yet decided on a course of action on this agenda item. Clerk Shaver assigned Ordinance 1639. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Meredith Reckert presented. She entered into the record the case file and packet material, the zoning ordinance, the Comprehensive Plan, and the contents of the digital presentation. She testified that all posting and notification requirements had been met. CITY COUNCIL MINUTES: MARCH 26, 2018 • The site is surrounded by various uses including Heine's market, PCD, low density residential, commercial, office and agricultural zoning. • The parcel is less than one acre; it contains a single family house; it has no topographical irregularities. • The current zoning allows single family and agricultural uses. • MU,,N zoning allows commercial, residential, and low intensity commercial. • The applicant wants to build live/work spaces. • If approved, actual development of the site would be approved administratively. • She elaborated on the differences between the standards for MU -N and A-1 .zones. • In MU -N, buildings with a residential component have a height limit of 35 ft. • This is the last remaining parcel zoned A-1 on the west side of Tabor, but this request is less intense than other surrounding uses, so it's a compromise. Criteria • The Comprehensive Plan designates this side of Tabor Street as Mixed Use. The east side of tabor is residential. Tabor is a collector street. • A neighborhood meeting was held in May; three people attended. • All outside agencies have indicated they can serve the property at the owner's expense. • The Planning Commission recommended approval of the area. Staff concludes the zone change meets criteria and recommends approval. Motion by Councilmember Mathews to suspend the rules and go past 11:00pm and to finish the agenda; seconded by Councilmember Davis; carried 8-0. Applicant Tom Kennedy (WR), the owner, said he is attracted to this property for mixed use. He sees this proposal as the highest and best use of the land. He plans small, 1,000sf warehouses with an apartment above .each unit. He feels it will be popular for small business owners because housing prices are so high in the metro area. He feels the need for this kind of space is there. Public Comment John Clark (WR) lives nearby. He is a small business owner in WR and is not anti- growth or anti -development, but as a WR Grange member and 4H parent he is opposed to taking away agricultural properties. He testified that the owner has been unwilling to work with the neighbors since the neighborhood meeting. He wondered if the property would be built as stated, or said with the Mixed Use zoning. He believes property rights should also include the rights of the surrounding property owners who choose to keep their zoning. He pointed out that MUN allows 32 different uses — including group CITY COUNCIL MINUTES: MARCH 26, 2018 homes, retail sales, hotels, motels, extended stay lodging, and auto rental, sales and repair. He suggested that not all the allowed uses conform to the Comp Plan or the Fruitdale Sub -area Plan, or are consistent with the character of Tabor Street. He quoted a Joni Mitchel song about paving paradise and putting up a parking lot and urged Council to preserve this agricultural land. Council Questions Councilmember Hoppe referred to the aerial map of the area. Ms. Reckert provided ` details about some of the surrounding zonings and uses. Mayor Starker closed the hearing. Motion by Councilmember Dozeman to approve Council Bill 01-2018, an ordinance approving the rezoning of property located at 4433 Tabor Street from 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 meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws. seconded by Councilmember Mathews. Councilmember Hoppe defended the live/work use for artists, cabinet and furniture makers, and mechanics. She knows of craftsmen who live in their shops because they can't afford a place to live. Councilmember Pond doesn't think this rezoning will have a negative effect on the area. Councilmember Urban asked if there are limits about what types of uses can qualify for "livelwork" and inquired about the ability to grow marijuana. • Ms. Reckert said the uses would .likely include spaces for artists, craftsmen, woodworkers, sales showroom, and the like. • Mr. Johnstone testified that state law allows up to 25% of the floor area of the space for residential marijuana growth. • Mayor Starker declined to allow the applicant to comment regarding marijuana. Councilmember Dozeman asked if the work space could be used as a storage unit. Mr. Goff said someone could live upstairs and store personal things downstairs, but not lease the space out for storage. Councilmember Dozeman expressed concern about the alternate uses that MU -N allows and noted this area is designated as the Orchard District to highlight agricultural uses. She encouraged the owner to stick to his plan. Councilmember Mathews was curious how a "neighborhood" can fit on one acre. He also expressed concern about so many allowed uses, and no way to predict what will CITY COUNCIL MINUTES: MARCH 26, 2018 happen down the road. He likes this concept. As. much as he'd like to seethe lot remain green, he doesn't think that's realistic. Councilmember Dozeman's question triggered further comments from staff about the ability to grow marijuana. The motion carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill 09-2018 —An Ordinance approving a zone change from Agricultural - One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (OD) for property located at 5372 and 5392 Quail Street (Case No. WZ-1 7-1 11CIark) The applicant is requesting the zone change for the purpose of developing single-family homes and townhomes. The property includes two parcels totaling about 5.25 acres. Councilmember Mathews introduced Council Bill 09-2018 Motion by Councilmember Mathews to approve Council Bill 09-2018 an ordinance approving the rezoning of property located at 5372 and 5392 Quail Street from Agricultural -One (A-1) to Planned Residential Development (PRD) on first reading, order it published, public hearing set for Monday, April 23, 2018, at 7 p.m. in City Council Chambers and that it take effect 15 days after final publication; seconded by Councilmember Dozeman; carried 8-0. DECISIONS, RESOLUTIONS AND MOTION 4. Resolution 16-2018 — A Resolution amending the Fiscal year 2018 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $20,000 to fund a Landscape Inspection and Enforcement Program This appropriation continues the pilot program of 2017 which focused on 45 recently developed commercial, multi -family and multi -lot single-family projects. The program was generally well received and numerous properties were brought into compliance with their approved landscape plans. Councilmember Davis introduced Item 4. There was no staff presentation. Council had no questions or discussion. Motion by Councilmember Davis to approve Resolution No. 16-2018, a resolution amending the fiscal year 2018 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 to fund a landscape inspection and enforcement program; seconded by Councilmember Urban; carried 8-0. 2018027098 3/27/2018 9:19 AM PGS 3 $23.00 DF $0.00 Electron!cally Recorded Jefferson County, CO Faye Griffin. Clerk and Recorder TD1000 N CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 05 ORDINANCE NO. 1639 Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL - ONE (A-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-1 8-01 /KENNEDY) 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, Tom Kennedy submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 4433 Tabor Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, the designation of the subject property on the Comprehensive Plan Structure Map is Mixed Use Commercial, and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 15, 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 Tom Kennedy for approval of a zone change ordinance from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, 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: PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003) A PORTION OF LOT 9. LEES SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 132' SOUTH OF THE EAST LINE OF THE NORTHEAST CORNER; THENCE 315' WEST; THENCE 132' SOUTH; THENCE 315' EAST; THENCE 132' NORTH TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT RECEPTION #85021775 COUNTY OF JEFFERSON STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 26th day of February 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, March 26, 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 8 to o , this 26th day of March , 2018. SIGNED by the Mayor on this 26th day of Bud Starker, Mayor March , 2018. ATTEST: a�,idh �J�- Jan Shaver, City Clerk WN�qr n*., Appro Form Gerald Dahl, City Attorney cdt dAo0 15' publication: March 1, 2018 2nd publication: March 29, 2018 Wheat Ridge Transcript: Effective Date: April 13, 2018 City of WheatRiic ge ITEM NO: / DATE: March 26, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL -ONE (A-1) TO MIXED USE - NEIGHBORHOOD DISTRICT (MU -N) (CASE NO. WZ-18- 01/KENNEDY) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (02/26/2018) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (03/26/2018) ❑ RESOLUTIONS QUASI-JUDICIAL: rr ® YES ❑ NO 1' Community De elopment Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural -One (A-1) to Mixed Use - Neighborhood (MU -N) for property located at 4433 Tabor Street. The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 15, 2018, and gave a recommendation of approval for the following reasons: 1. The proposed zone change will promote the public health, safety, and welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and Fruitdale Subarea Plan. 3. The proposed zone change is consistent with the character of Tabor Street. 4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Council Action Form — 4433 Tabor St. Rezoning March 26, 2018 Page 2 The staff report and meeting minutes from that 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 $950 were collected for the review and processing of Case No. WZ-18-01. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties. BACKGROUND: The property is located on the west side of Tabor Street, north of W. 44th Avenue and south of Interstate -70. The eastbound on-ramp for I-70 is immediately adjacent to the property to the west. The site is just under one acre in size, and it currently includes a single family home that was built in 1934 (per Jefferson County Assessor records). The majority of the site is undeveloped. Access is provided from Tabor Street, although the existing driveway is not paved. The width of the frontage on Tabor Street is approximately 130 feet. Surrounding Land Uses The subject property is zoned Agricultural -One (A-1) and the surrounding properties include a variety of land uses and zoning designations. The west side of Tabor Street is generally more commercial in nature. To the north are two properties zoned Planned Commercial Development (PCD). This includes an office/warehouse, which was rezoned from A-1 to PCD in 1986 and built in 1998, and Trailer Source, which was rezoned from A-1 to PCD in 1995 and was built in 2006. To the south is Heinie's Market which has been in this location for decades and is zoned Commercial -One (C-1). Across Tabor to the east, properties are zoned residentially and agriculturally. The property immediately across the street is approximately 2 acres in size, is vacant, and is zoned A-1. To the north at W. 46th Avenue is a neighborhood predominantly zoned Residential -Two (R-2). To the southeast is a single-family home zoned R-1 and several properties at 44th Avenue zoned R-3 containing multifamily apartments. Current and Proposed Zoning The existing zoning on the property is Agricultural -One (A-1) which allows single-family dwellings and farming operations if the property is over one acre in size. Because the property is smaller than one acre, the only use allowed is a residence. The applicant is requesting to rezone the property to Mixed Use -Neighborhood (MU -N), a zone district that is intended for neighborhood main streets and neighborhood commercial centers. In addition to residential, civic, and office uses, this zone district allows for a limited range of neighborhood -serving commercial and retail uses. Council Action Form — 4433 Tabor St. Rezoning March 26, 2018 Page 3 A request for a rezoning to any of the City's mixed use districts may be made as a speculative zone change without specific future plans. In this case, the applicant has indicated that he intends to develop live/work units if the zone change is approved. Any redevelopment of the site under MU -N would be reviewed as part of a separate land use application in the future. Site plan review would confirm compliance of new development with the mixed use design standards. In this location, Tabor Street is designated as a collector street and is a primary north -south route between W. 44`h Avenue and W. 52nd Avenue, connecting to both the 1-70 Frontage Road and the Wheat Ridge • Ward commuter rail station. The character of Tabor varies, but in this particular location MU -N may be an appropriate zone district because of the presence of both commercial and residential uses. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2018, an ordinance approving the rezoning of property located at 4433 Tabor Street from 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 meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E of the Code of Laws." Or, "I move to deny Council Bill No. 05-2018, an ordinance approving the rezoning of property located at 4433 Tabor Street from Agricultural -One (A-1) to Mixed Use — Neighborhood (MU - N) for the following reasons: 1. 2. 3." Council Action Form — 4433 Tabor St. Rezoning March 26, 2018 Page 4 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 05-2018 2. Planning Commission Staff Report 3. Planning Commission draft meeting minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 05 ORDINANCE NO. Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL - ONE (A-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-01/KENNEDY) 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, Tom Kennedy submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 4433 Tabor Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, the designation of the subject property on the Comprehensive Plan Structure Map is Mixed Use Commercial, and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 15, 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 Tom Kennedy for approval of a zone change ordinance from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, 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: PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003) A PORTION OF LOT 9. LEES SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 132' SOUTH OF THE EAST LINE OF THE NORTHEAST CORNER; THENCE 315' WEST; THENCE 132' SOUTH; THENCE 315' EAST; THENCE 132' NORTH TO THE POINT OF BEGINNING, EXCEPT THAT ATTACHMENT 1 PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT RECEPTION #85021775 COUNTY OF JEFFERSON STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 26th day of February 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, March 26, 2018 at 7:00 o'clock p.m. in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of )2018. SIGNED by the Mayor on this day of 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: March 1, 2018 2"d publication: Wheat Ridge Transcript: Effective Date: 6 City of �,J�Theat�te C(}.MMlIN11Y DEVELOP1vtENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 15, 2018 CASE NO. & NAME: WZ-18-01 /Kennedy ACTION REQUESTED: Approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) LOCATION OF REQUEST: 4433 Tabor Street PROPERTY OWNER: APPLICANT: APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Brenda and Randall Williams Tom Kennedy 0.95 acres (41,580 square feet) Agricultural -One (A-1) Single-family home COMPREHENSIVE PLAN: Mixed use commercial ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP e rip ATTACHMENT 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The prospective buyer of 4433 Tabor Street has requested approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N). The proposed rezoning area includes one parcel, the total area of which is approximately 0.95 acres. The purpose of the zone change is to better align the zoning with the surroundings and to expand possible uses for future redevelopment. The zone change is the first step of the approval process for future redevelopment. If approved, the applicant has stated he intends to develop the property with live/work dwelling units. H. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The property is located on Tabor Street, north of W. 44d' Avenue, south of Interstate -70 (Exhibit 1, Aeric J. The eastbound on-ramp for I-70 is immediately adjacent to the property to the west. The site is just under one acre in size, and it currently includes a single family home that was built in 1934 (per Jefferson County Assessor records). The majority of the site is undeveloped '(Exhibit 2, Site Photos). Access is provided from Tabor Street, although the existing driveway is not paved. The width of the frontage on Tabor Street is approximately 130 feet. Surrounding Zoning and Land Use The subject property is zoned Agricultural -One (A-1) and the surrounding properties include a variety of land uses and zoning designations Exhibit 3, Zoning Map). The west side of Tabor Street is generally more commercial in nature. To the north are two properties zoned Planned Commercial Development (PCD). This includes an office/warehouse, which was rezoned from A-1 to PCD in 1986 and built in 1998, and Trailer Source, which was rezoned from A-1 to PCD in 1995 and was built in 2006. To the south is Heinie's Market which has been in this location for decades and is zoned Commercial -One (C-1). Across Tabor to the east, properties are zoned residentially and agriculturally. The property immediately across the street is approximately 2 acres in size, is vacant, and is zoned A-1. To the north at W. 46`s Avenue is a neighborhood predominantly zoned Residential -Two (R-2). To the southeast is a single-family home zoned R-1 and several properties at 40 Avenue zoned R-3 containing multifamily apartments. III. PROPOSED ZONING The applicant is requesting to rezone the property to Mixed Use -Neighborhood (M -U -N), a zone district that is intended for neighborhood main streets and neighborhood commercial centers. In addition to residential, civic, and office uses, this zone district allows for a limited range of neighborhood -serving commercial and retail uses. Case No. WZ--1&-01 /Kennedy A request for a rezoning to any of the City's mixed use districts may be made as a speculative zone change without specific future plans. In this case, the applicant has indicated that he intends to develop live/work units if the zone change is approved (&hthit 4, Applicant Request,. Any redevelopment of the site under MU -N would be reviewed as part of a separate land use application in the future. Site plan review would confirm compliance of new development with the nixed use design standards. In this location, Tabor Street is designated as a collector street and is a primary north -south route between W. 44b Avenue and W. 52nd Avenue, connecting to both the I-70 Frontage Road and the Wheat Ridge • Ward commuter rail station. The character of Tabor varies, but in this particular location MCT -N is an appropriate zone district because of the presence of both commercial and residential uses. The table below compares the existing and proposed zoning for the property: Given the variety of zone districts in this area, it is appropriate to review the MU -N zoning request not only to A-1 but in relation to the existing conditions and surrounding zoning. The subject property is the last remaining parcel on the west side of Tabor to be a non-commercial use. The proposed MU -N zoning is less intensive than the adjacent commercial zoning designations (C-1 and PCD) and requires higher quality site and building design. By allowing residential uses and. limiting intensive commercial uses, MU -N is more compatible with the east side of Tabor Street than the existing commercial zoning designations. The proposed zoning generally strikes a compromise among the surrounding zone districts and land uses. Case No. W7,18-01 /Kennedy One -family dwelling Residential, commercial or mixed use Permitted uses (1 home per acre; agricultural development, including multifamily uses are not permitted because and live/work, excludes outdoor the site is less than 1 acre) storage and intensive commercial uses Mixed use standards apply, including Architectural None high quality architecture with standards Standards related to articulation, variation, materials, transparency Max. Building 35' 35' if the building has residential use,T Height 50' for all other uses Max. Lot coverage 25% 90% for mixed use, 85% for single use Min. Landscaping 25% for single-family uses 10% for mixed use, 15% for single use Building Front (east): 30' setback Front (east): 0-12' build-to Orientation Others: 15' setback Side: 0' Rear: 5' Given the variety of zone districts in this area, it is appropriate to review the MU -N zoning request not only to A-1 but in relation to the existing conditions and surrounding zoning. The subject property is the last remaining parcel on the west side of Tabor to be a non-commercial use. The proposed MU -N zoning is less intensive than the adjacent commercial zoning designations (C-1 and PCD) and requires higher quality site and building design. By allowing residential uses and. limiting intensive commercial uses, MU -N is more compatible with the east side of Tabor Street than the existing commercial zoning designations. The proposed zoning generally strikes a compromise among the surrounding zone districts and land uses. Case No. W7,18-01 /Kennedy IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. The rezoning would limit the range of commercial uses allowed on the site to more neighborhood -oriented commercial activities, as opposed to the more intensive commercial activities which are permitted on adjacent properties. While the MU -N zone district will expand use options as compared to A-1, the zone change is appropriate based on the existing character and land use patterns on Tabor Street. The mixed use development standards will ensure high quality site and building design. For these reasons, the zone change should not have an adverse effect on the surrounding area. 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. The applicant will be responsible for upgrades if development results from the zone change. The width of Tabor Street in front of the property is currently substandard, so a right-of-way dedication would be required with future development. Because the property currently contains only a single-family home, it is anticipated that the applicant would need to work with the appropriate districts on utility upgrades based on a future redevelopment scenario. Despite a likely need for future upgrades, service providers and utility districts did not express any concerns with the zone change itself during the referral period. 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. Tabor Street is a primary north -south route, which is classified as a collector and currently includes a mix of land uses. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies the east side of Tabor as a "neighborhood" and the west side of Tabor as "mixed use commercial." These designations acknowledge the mixed Case No. FPZ--18-01 /Kennedy 4 use character of Tabor, and as such the MU-N zone change request is consistent with the City's comprehensive plan-� xhibit S, Comprehensive Plan); A stated goal in the comprehensive plan is to promote reinvestment in properties and to promote a mix of neighborhood -supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed use goals. The property is within the Fruitdale Subarea. This subarea plan was adopted in 2007 and predates both the comprehensive plan (2009) and the adoption of mixed use zoning (2010). Despite this, the zone change is consistent with the subarea plan, which classifies the west side of Tabor as commercial and generally calls for reinvestment in the area. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current A-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant recent changes in the area. The commercialization of the west side of Tabor has been occurring over the last several decades as noted above. 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. Case No. 97-18- 01 /Kennedy 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 of the Municipal Code. A meeting for neighborhood input was held on May 24, 2017. In addition to staff, the owner, and the applicant, three people from the neighborhood attended the meeting. In general, attendees supported the request. A summary of the meeting is enclosed asExhibit 6, Neighborhood Meeting Notes. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Police Department: No concerns. Wheat Ridge Public Works Department: No concerns; specific site requirements will be reviewed through a site plan review when development is proposed. Arvada Fire Protection District: No concerns; specific site requirements will be reviewed through a site plan review when development is proposed Fruitdale Sanitation District: No objection; applicant will be responsible for any necessary infrastructure upgrades Valley Water District: No objection; applicant will be responsible for any necessary infrastructure upgrades when development is proposed. Xcel Energy: No objection; applicant will be responsible for any necessary infrastructure upgrades when development is proposed. No comments were received from CenturyLink, AT&T or the Building Division. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process will be required in the future if redevelopment occurs. 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 Case No. WZ-18-01 /Kennedy change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses and relating appropriately to the adjacent commercial and residential land uses. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-01. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-18-01, a request for approval of a zone change from Agricultural -Otte (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and Fruitdale Subarea Plan 3. The proposed zone change is consistent with the character of Tabor Street. 4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request." Option B• "I move to recommend DENIAL of Case No. WZ-18-01, a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, for the following reasons: 1. 2. ..." Case No. WZ-18-01 /Kennedy EXHIBIT 1: AERIAL The subject site at 4433 Tabor Street is outlined below in blue in this 2016 aerial image. The adjacent green shading indicates CDOT right-of-way. Case No. WL --18-01 /Kennedy sit A i Pkmui 17i 1 •`wrP .. . .IY �} i' `'^. moi. _ -.. Fi�, i•It� f .�1�f � � �f EXHIBIT 3: ZONING MAP The subject site at 4433 Tabor Street is outlined below in blue in this excerpt from the City's zoning map. The current zoning on the subject property is Agricultural -One (A-1). C-1 t R-2 R-3 Case No. WZ-18-01 /Kennedy 10 EXHIBIT 4: APPLICANT REQUEST 4433 Tabor LoftlWorx Project Proposal Request for Zone Change A proposal is being submitted for a zone change on a 0.9 acre lot at 4433 Tabor Street, Wheat Ridge, CO 80033. The lot is currently zoned agricultural and the requested proposal is for a zoning change to Mixed Use Neighborhood (MU -N). The subject lot is bordered on two sides by commercial structures with the back of the lot facing the East bound I-70 on-ramp from 446 avenue. Background The property has been owned by the same family for over 60 years. It was part of a larger agricultural parcel that was sub divided and sold, with an existing storage building converted to a single family residence. The current owner is part of the development team requesting the zoning change Proposed Project 4433 Tabor Loft/Worx is a mixed use, "live where you work/work where you live" concept. The proposed development is designed for 10-12 units comprised of 1,000 to 1,100 sq ft of warehouse and residential space combined in one unit. The targeted market is individual tenant/owners requiring working space for design, storage and office areas while inhabiting the area above the work area. We envision an "artisan' mix of complementary businesses. The concept of artisan is not so much of an artistic focus but more a collaboration of individuals whose entrepreneurial goals reflect a live/work environment. Case No. XYZ -18-01 /Kennedy 11 Some examples of these are: m Internet interactive design and support ® Commercial interior design 0 Manufacturer representatives 0 Professional engineering services m Licensed individuals providing professional business consulting and work products (CPA etc) Project Criteria for Review The project qualifies for a zone change not deemed planned unit development under Sec. 26-112 due to the fact that neither the land use size is greater than 1 acre nor the zone change application is for a zone change to any commercial district except mixed use or to the industrial -employment district. The front of the property faces Tabor Street with primarily residential and multifamily residences and a 6 acre tract of undeveloped agricultural zoned land on the East side of Tabor Street. Subject property is located on the West side of Tabor Street and is flanked by commercial properties and highway access behind it. The rezoning of the property to mixed use is utilizing the highest and best use of the land to provide a seamless integration from the residential usage on the East side of Tabor Street to the commercialized district on the opposite side of Tabor Street. A "live where you worklwork where you live" development is designed to have minimal impact both on traffic flow and access to current infrastructures. Residents of these properties are not tied to normal work flow patterns. The restrictive nature of the proposed covenants against walk- in retail businesses curtail any additional traffic outside the coming and goings of the residents of the property. The location of the property in a commercially zoned area utilizes the existing utilities already servicing the properties in this corridor of businesses. Thus requiring no additional taxing of the current utilities. With the completion of the light rail station approximately on half mile to the North of the proposed development, the 4443 Tabor Loft/Worx development fully incorporates itself into both Wheat Ridge's and the Front Ranges transportation plans to encourage proposals that commit to reducing the impact that commuting and private vehicle use has on the surrounding community. Case No. WZ-18-01 /Kennedy 12 EXHIBIT 5: COMPREHENSIVE PLAN The image below is an excerpt from the Structure Plan within the City's 2009 comprehensive plan with the subject property outlined in red. The Structure Plan "provides strategic guidance for future development and redevelopment efforts. The categories displayed on the Structure Plan show the general locations of desired future land uses, but the map symbols (especially corridor widths and sizes of activity centers) are not intended to depict precise boundaries." (Note: the underlying aerial image predates the construction of the I-70 ramps immediately west of the subject property.) Neighborhoods Neighborhood Buffer Area Mixed -Use Employment Mixed -Use IrNeighborhood Commercial Employment A. � Commercial Corridor Case No. i1-18-01 /Kennedy 13 EXHIBIT 6: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicants Present: Existing Zoning: Existing Comp. Plan: May 24, 2017 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 29b Avenue Wheat Ridge, CO 4433 Tabor Street Randall K. Williams Brenda Kathleen Williams Yes Brian Martin Tom Kennedy Randy Williams Agricultural -One (A-1) Mixed -Use Commercial Existing Site Conditions: The property is located on Tabor Street north of 44' Avenue and south of Interstate -70. The ramps for I-70 are adjacent to the property to the west. According to the Jefferson County Assessor, the property is just under one acre in size (39,988 square feet), and it has on it a single family home that was built in 1934. The majority of the site is undeveloped. Access is provided from Tabor, although the existing driveway is not paved. The site is currently zoned Agricultural -One (A-1), and it is surrounded by a variety of zoning designations and land uses. Immediately to the north is an office/warehouse zoned Planned Commercial Development (PCD), and to the south is Heine's Market which is zoned Commercial -One (C-1). Across Tabor to the east are properties zoned residentially and agriculturally. This includes a relatively well-established R-2 neighborhood, a vacant A-1 parcel, and multifamily development along 44"' Avenue. Case No. WZ-18-01 /Kennedy 14 Applicant/Owner Preliminary Proposal: The applicant is proposing to develop the property into a live/work project. Although there is no specific development being proposed at this time, a conceptual site plan was shared with the group. The plan showed a row of 12 units running along and parallel to the northern property line. A drive -aisle and parking are located south of the structure. No outdoor storage would be permitted on the property. Potential end users could include materials installers who need warehouse space, manufacturer representatives who need showroom space, or design professionals who need studio and meeting space. The applicants do not envision any retail uses on the property. There are two options to change the zoning on the property. The first would be to rezone it to a mixed use zone district category. The property's location would qualify it to be rezoned to Mixed -Use Commercial Interstate (MU -C I) which is intended for properties on commercial corridors within 500' of I-70. Another mixed use category to contemplate is Mixed Use — Neighborhood which would be more compatible with the residential uses across the street. The other option would be to rezone the property to a planned development district. The following is a summary of the neighborhood meeting: • In addition to staff and 3 applicant/owner representatives, 3 members of the public attended the neighborhood meeting. See attached sign-up sheet. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed project and how a zone change to Mixed Use could work for the property. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • What is the current use on the property? Single family residential. • The building is proposed to be two stories in height. How will the upper story be used? As either a one -bedroom efficiency apartment or office space supporting the use on the bottom floor. • Will outside storage be allowed? No. ® How tall will the building be? Roughly 29'. Case No. WZ-18-01 /Kennedy 15 • The proposal development looks similar to the development to the north. How many units are in that development? Seven. • One of the attendees indicated that he was generally supportive of the concept but commented that with mixed use zoning, there are no assurances of what can be built. He indicated that he would prefer to the see the property rezoned to a planned development district so the design can be reviewed as part of the zone change process. No written comments were received either before or after the neighborhood meeting. May 23, 2017 — 6 PM Neighborhood meeting 4433 Tabor Street Zone change from Agricultural -One (A-1) to a Planned Mixed Use Development (PMUD) PLEASE PRINT NSW Address 1 K 3. 4. IA - 5. !+ - v g.. rj Case No. WZ-18-01 /Kennedy 16 1. PUBLIC HEARING A. Case No. WZ-18-01: an application filed by Tom Kennedy for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for the property located at 4433 Tabor Street. Ms. Reckert gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner BUCKNAM asked if the small strip of land to the southwest of the subject property is also A-1. Ms. Reckert said it is A-1 and is a part of the water detention that was created when I-70 on/off ramps were relocated about seven years ago. She added that the zoning on it will not be changed and that much of the right-of-way for I-70 is zoned A-1. Commissioner BUCKNAM then asked if there are any concerns with drainage if the zone change is approved due to the possibility of higher density on the land. Mr. Brossman said that during the design phase drainage will be addressed and any new development would have to have adequate facilities on site to handle drainage. Commissioner VOS wanted to confirm the zoning of the building to the north and asked if the zone change to MU -N will run with the land if the owners decide not to develop, but to sell instead. Ms. Reckert confirmed that the MU -N zoning would remain, regardless of ownership. Tom Kennedy, Applicant 11194 I-70 Frontage Rd North Mr. Kennedy gave a brief explanation behind his desire for the zone change to MU -N. He said the concept of becoming more environmentally conscious is beneficial and would create less vehicular traffic by developing a live/work product. The units would include office space on the main floor and apartments above, on the 2nd floor. He also added that he had enjoyed working with the City of Wheat Ridge staff. ATTACHMENT 3 John Clark, Resident 4665 Swadley Street Mr. Clark believes the staff at the City of Wheat Ridge is hard to work with and he felt it was inappropriate to indicate that three people had attended the neighborhood meeting in May because the two other people showed up late. He said he is not against development, but in fact is against changing the zoning for something in the future that could be much bigger or more intensive. He feels that MU -N is more valuable than an A-1 zoning and will just be sold for money. Mr. Clark does not want to see A-1 properties disappear because we need more grassland and feels Wheat Ridge is not sustainable if it is all asphalt. He expressed concerns that a vacant A-1 property on the east side of Tabor Street would be rezoned and redeveloped commercially. He expressed distrust of the City and of staff. Commissioner VOS commented that if the maximum height for residential use in MU -N is 35 feet and 50 feet for all other uses, she is worried something other than live/work will be developed. Ms. Mikulak explained that zoning runs with the land and it is appropriate to compare the different development standards to the commercial properties adjacent to this one not only the A-1 that it is zoned currently. Commercial -One (C-1) also has a height limit of 50 feet for buildings with commercial uses. The Commission needs to focus on the zoning not the potential for a live/work development because it is always possible that future development could be for any of the permitted uses. It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WZ-18-01, a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use - Neighborhood (MU -N) for property located at 4433 Tabor Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and Fruitdale Subarea Plan 3. The proposed zone change is consistent with the character of Tabor Street. 4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Commissioner BUCKNAM explained he is going to support the motion because Tabor Street is between the neighborhood on the east and the commercial on the west and it is appropriate for a mixed use zoning and the uses would be in character with the neighborhood. Commissioner WEAVER added that she works and lives among agricultural uses and when you don't have large continuous spaces it is hard to do agricultural work. She explained that when you look at the zoning map there are not agricultural activities being done in the A -I zone districts. Commissioner WEAVER added that the City of Wheat Ridge has done an excellent job at creating zone districts for what is appropriate for the neighborhoods. Vice Chair BODEN called for a vote. Motion recommending APPROVAL carried 5-1 with Commissioner VOS voting no. Y\ 61 City of �Wheat�idge A11, �J e REQUEST FOR CITY ITEM NO: f r DATE: February 26, 2018 COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL -ONE (A-1) TO MIXED USE - NEIGHBORHOOD DISTRICT (MU -N) (CASE NO. WZ-18- 01/KENNEDY) ❑ PUBLIC HEARING ® ORDINANCES FOR I ST READING (02/26/2018) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (03/26/2018) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO Community De elopment Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural -One (A-1) to Mixed Use - Neighborhood (MU -N) for property located at 4433 Tabor Street. The purpose of the rezoning is to modify and expand the list of permitted uses and to simplify the review and approval process for future redevelopment on the property. PRIOR ACTION: Planning Commission heard this request at a public hearing on February 15, 2018, and gave a recommendation of approval for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and Fruitdale Subarea Plan 3. The proposed zone change is consistent with the character of Tabor Street. 4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Council Action Form — Kennedy February 26, 2018 Page 2 The staff report and meeting minutes from that meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $950 were collected for the review and processing of Case No. WZ-18-01. If the proposed rezoning is approved, there could be an advancement of the City's goals for the redevelopment of underutilized properties. BACKGROUND: The property is located on the west side of Tabor Street, north of W. 40' Avenue and south of Interstate -70. The eastbound on-ramp for I-70 is immediately adjacent to the property to the west. The site is just under one acre in size, and it currently includes a single family home that was built in 1934 (per Jefferson County Assessor records). The majority of the site is undeveloped. Access is provided from Tabor Street, although the existing driveway is not paved. The width of the frontage on Tabor Street is approximately 130 feet. Surrounding Land Uses The subject property is zoned Agricultural -One (A-1) and the surrounding properties include a variety of land uses and zoning designations. The west side of Tabor Street is generally more commercial in nature. To the north are two properties zoned Planned Commercial Development (PCD). This includes an office/warehouse, which was rezoned from A-1 to PCD in 1986 and built in 1998, and Trailer Source, which was rezoned from A-1 to PCD in 1995 and was built in 2006. To the south is Heinie's Market which has been in this location for decades and is zoned Commercial -One (C-1). Across Tabor to the east, properties are zoned residentially and agriculturally. The property immediately across the street is approximately 2 acres in size, is vacant, and is zoned A-1. To the north at W. 46th Avenue is a neighborhood predominantly zoned Residential -Two (R-2). To the southeast is a single-family home zoned R-1 and several properties at 44th Avenue zoned R-3 containing multifamily apartments. Current and Proposed Zoning The existing zoning on the property is Agricultural -One (A-1) which allows single-family dwellings and farming operations if the property is over one acre in size. Because the property is smaller than one acre, the only use allowed is a residence. The applicant is requesting to rezone the property to Mixed Use -Neighborhood (MU -N), a zone district that is intended for neighborhood main streets and neighborhood commercial centers. In addition to residential, civic, and office uses, this zone district allows for a limited range of neighborhood -serving commercial and retail uses. Council Action Form — Kennedy February 26, 2018 Page 3 A request for a rezoning to any of the City's mixed use districts may be made as a speculative zone change without specific future plans. In this case, the applicant has indicated that he intends to develop live/work units if the zone change is approved. Any redevelopment of the site under MU -N would be reviewed as part of a separate land use application in the future. Site plan review would confirm compliance of new development with the mixed use design standards. In this location, Tabor Street is designated as a collector street and is a primary north -south route between W. 44d' Avenue and W. 52nd Avenue, connecting to both the I-70 Frontage Road and the Wheat Ridge • Ward commuter rail station. The character of Tabor varies, but in this particular location MU -N may be an appropriate zone district because of the presence of both commercial and residential uses. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of future site development. RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2018, an ordinance approving the rezoning of property located at 4433 Tabor Street from Agricultural -One (A-1) to Mixed Use — Neighborhood (MU - N) on first reading, order it published, public hearing set for Monday, March 26, 2017, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 05-2018 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER _ COUNCIL BILL NO. 05 ORDINANCE NO. Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4433 TABOR STREET FROM AGRICULTURAL - ONE (A-1) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-01/KENNEDY) 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, Tom Kennedy submitted a land use application for approval of a zone charge to the Mixed Use -Neighborhood (MU -N) zone district for property located at 4433 Tabor Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan – Envision Wheat Ridge — which calls for the redevelopment of and reinvestment in underutilized properties; and, WHEREAS, the designation of the subject property on the Comprehensive Plan Structure Map is Mixed Use Commercial, and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 15, 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 Tom Kennedy for approval of a zone change ordinance from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, 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: PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003) A PORTION OF LOT 9. LEES SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 132' SOUTH OF THE EAST LINE OF THE NORTHEAST CORNER; THENCE 315' WEST; THENCE 132' SOUTH; THENCE 315' EAST; THENCE 132' NORTH TO THE POINT OF BEGINNING, EXCEPT THAT Attachment 1 PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT RECEPTION #85021775 COUNTY OF JEFFERSON STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 28th day of February 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, March 26, 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: 2nd publication: Wheat Ridge Transcript: Effective Date: City of Wh6atl<iL�Ogc POSTING CERTIFICATION CASE NOS. WZ-18-01 PLANNING COMMISSION HEARING DATE: February 15, , 2018 I, � MA � `� ✓L� ti AA nn (name) residing at // 7 �r7 Y�'t /UQ -f 9-(-S 1 �— k 0 . GOL4 5/J , C) O L-/ -0 3 (address) as the applicant for Case Nos. WZ-18-01 hereby certify that I have posted the Notice of Public Hearing at 4433 Tabor Street (location) on this day of d A zoad do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. of City Wheat midge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing. ■ 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. s. City Of �W heat jdge MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h 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) January 31, 2018 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-18-01, an application filed by Tom Kennedy for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street. 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 February 15, 2018 (a, 7:00 p.m., City Council March 26, 2018 (a) 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.ci.wheatridge.co.us Woo, T!l AVE ti BELL DAVID BLACK AMANDA DE ROSIER JOHN A 04430 TABOR ST 11781 W 46TH AVE 08360 SNAFFLE BIT CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 LITTLETON CO 80125 DEPARTMENT OF TRANSPORTATION STATE OF COLORADO FISHER RODNEY W DAVISON DIANE L 04201 E ARKANSAS AVE 04722 E VERBENA DR DENVER CO 80222 PHOENIX AZ 85044 GIESELER FAMILY TRUST LINDA T GIESELER REVOCABLE TRUST JOHN V BUDD FAMILY TRUST 06429 S MILLER WAY 01601 S LANSING ST LITTLETON CO 80127 AURORA CO 80012 QUINTANA JOHN 11700 W 46TH AVE WHEAT RIDGE CO 80033 SKITZO OFFSHORE LLC 04651 TABOR ST WHEAT RIDGE CO 80033 WILLIAMS BRENDA KATHLEEN WILLIAMS RANDALL K PO BOX 11545 DENVER CO 80211 SILZ HEINZ N SILZ THEA M 15745 HWY 34 FORT MORGAN CO 80701 STROHL DOUGLAS JR STROHL MONICA 08127 S LAMAR CT LITTLETON CO 80128 FRIES MICHAEL FRIES KELLI RAE 04615 SWADLEY ST WHEAT RIDGE CO 80033 KELLER ALAN S 04625 SWADLEY ST WHEAT RIDGE CO 80033 SIX OAK LIMITED PARTNERSHIP 11457 W 1-70 FRONTAGE RD N WHEAT RIDGE CO 80033 TABOR STREET PROPERTIES LIMITED LIABILITY COMPANY PO BOX 1272 MORRISON CO 80465 City of ��,Wh6atp, MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`x' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 January 22, 2018 Brian Martin 11769 Ranch Elsie Road Golden, CO 80403 Dear Mr. Martin: This letter is about your request for approval of a zone change from Agricultural -One (A-1) to Mixed Use - Neighborhood (MU -N) for property located at 4433 Tabor Street. Your request was distributed on referral and the following comments were received: Arvada Fire Protection District: See comments from Kevin Ferry dated January 18, 2018. Fruitdale Sanitation District: See attached correspondence from Bill Willis dated January 8, 2018. Valley Water District: See attached correspondence from Kathleen Kadnuck dated January 8, 2018. Wheat Ridge Police Department: See attached email from Mark Moellenberg dated January 8, 2018. Wheat Ridge Public Works: See attached comments from Dave Brossman dated January 17, 2018. Those entities contacted but not responding include CenturyLink, AT & T Broadband, Xcel Energy, Wheat Ridge Economic Development and the Wheat Ridge Building Division. Any additional referral responses will be forwarded to you separately. Other items of note: 1. This case is scheduled for Planning Commission public hearing on February 15, 2018. Posting signs will be available for pick-up the week of January 29 and must be posted no later than February 1, 2018. 2. The zone change process includes a first and second reading in front of City Council. Using the zone change calendar standard schedule, these dates would be February 26, 2018, for first reading and March 26, 2018 for the public hearing. If any of these dates are a problem, please let me know. If you have any questions, feel free to contact me at 303-235-2848 Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co.us 903 Allison Way Arvada CO 80005 • 303-424-3012 • 303-432-7995 fax January 17, 2018 Ms. Meredith Reckert, Planner City of Wheat Ridge 7500 W 29' Avenue Wheat Ridge, CO 80033 Re: 4443 Tabor St. -Rezone, COWR Project # WZ-18-01, AFPD Project # 17-287D Ms. Reckert: 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.ferry(a�arvadafire.com if you or the developer should have any questions or need further information. Sincerely, k4-A� lc�� Kevin Ferry Fire Marshal MARTIN/MARTIN CONSULTING ENGINEERS January 8, 2018 Meredith Reckert City of Wheat Ridge Community Development 7500 W. 29"' Avenue Wheat Ridge, Colorado 80033 Re: Fruitdale Sanitation District — 4433 Tabor St. — Land Use Referral Martin/Martin, Inc Project No.: 130053.C.01 Dear Ms. Reckert, On behalf of the Fruitdale Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to the referenced referral dated January 51h, 2018 concerning request for approval of a zone change from A-1 to MU -N located at 4433 Tabor St. From the attached referral, it appears that the lot's proposed zoning is for mixed commercial and residential (10-12 townhome units) use. The Fruitdale Sanitation District has no objections with the proposed request conditional on the elements identified herein are fully addressed. The following are general requirements for sanitary sewer service. Rules, Regulations and Standards of the District must be complied with at all times. The subject lot is entirely within the service and boundary area of the Fruitdale Sanitation District. Treatment of sewage generated within the Fruitdale Sanitation District is provided by Metro Wastewater Reclamation District. Existing Sanitary Sewer Mains Fruitdale Sanitation District has the following sanitary sewer mains in the vicinity of the proposed property: • 8 -inch mainline running north to south, east of the referenced property within Tabor St. The developer will be required to provide definition of proposed generated flows from the anticipated development to allow an understanding of downstream sanitary mainline capacity. A downstream capacity analysis provided by the developer may also be required. If it is determined that downstream mainlines will need to be upsized due to the development, upsizing costs will be the responsibility of the owner/developer. 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 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 the FSD main. Please provide a site plan for the District's review. If the development requires a sanitary sewer extension, an easement and extension agreement must be completed. Per the District's Rules and Regulations (Section 2.04), "All main line extensions constructed within the District which will connect to the public sewer shall be planned and designed by, and be constructed with material and workmanship specified by, the District's Engineer," A design fee document will be provided once a site plan is provided by the developer. Costs All costs involved are to be deposited to Martin/Martin prior to beginning the review — reviews, design, contract development, construction, observation and inspections — are the responsibility of the Owner/Developer. Please be aware that proper tap and development fees are required to be paid prior to connection to the District main. For MARTIN/MARTIN, INC. 12499 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 MAIN 303.431.6100 MARTINMARTIN.COM Fruitdale Sanitation District — 4433 Tabor St. — Land Use Referral January 8, 2018 commercial and multi -family buildings, the tap fee is based on water meter size. The District converts the water meter size to SFRE based on the Metro Wastewater Reclamation District's Rules and Regulations. The 2018 cost for each SFRE are $5,000/SFRE for Fruitdale Sanitation District plus $4,220/SFRE for Metro Wastewater Reclamation District. These fee amounts are to be paid directly to the District Office prior to connection, payable to Fruitdale Sanitation District, which also collects Metro Wastewater's "connection fees". All fees are subject to modification. Any questions regarding this document, please contact us at (303) 431-6100. Sincerely, Bill Willis, PE Cc: Gary Charbonnier — Fruitdale Sanitation District Page 212 01/08/18 MON 10:15 FAX 303 424 0828 VALLEY WATER DIS 121001 VALLEY WATER DISTRICT '12101 WF.5T 52ND AVENUF• W171FA'1' RID(; -H, COLORADO 80033 Tpix. ic)NE 303-424-9661 FAX 303-424-0828 JaVIuary ti, 2015 Meredith Reckert City of Wheat. Midge 7500 W. 29`x' Avenue Wheat Ridge, CO S()t):> Dear Meredith: We: have reviewed your inquiry rcoardino Case No. W7.,-19-01/Tabor Street.. ]"he District has no concenis with the proposed rezoning, The District has the ability to serve any future', development according to the District's 1'LIICS and regula.taOTIS. The developer should contact the District. to discuss specific water system design needs prier to development. Please feel tree to unitact me with any questions. Sin --e ly, '��tltleen K�adDuck District nfiice Manatier Meredith Reckert From: Mark Moellenberg Sent: Monday, January 8, 2018 9:46 AM To: Meredith Reckert Subject: RE: Land Use Referral - Tabor Street Hey Meredith - We don't have any objections to this. 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.wheatridge.co.us CRY C -11,W he ..1,i cd- 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: Meredith Reckert Sent: Friday, January 05, 2018 1:33 PM To: Mark Moellenberg Subject: Land Use Referral - Tabor Street Dear Mark, The Wheat Ridge Community Development Department has received a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use Neighborhood (MU -N) for property located at 4433 Tabor Street. Please download the application documents from the link below. https://www.dropbox.com/sh/7g8x7na638xipx9/AABPS3-2kLMSa4tdm7dbfcwYa?d1=0 Comments are due by January 19, 2018; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Meredith Reckert, AICP Senior Planner 7500 W. 29th Avenue City of W heat Midge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: January 17, 2018 SUBJECT: WZ-18-01/ Tabor Street, 4433 Tabor Street I have completed my review for an amendment to a Specific Development Plan to allow for approval of a zone change from Agricultural -One (A-1) to Mixed Use Neighborhood (MU - N) for property located at 4433 Tabor Street received on January 5, 2018, and I have the following comments: It does not appear that the current rezoning proposal entails any site changes which could trigger traffic or drainage requirements. Public Works has no comments regarding this Site Plan. To Mere - 4433 Tabor St MU -N Rezone Review-l.docx jo XcelEnergysm PUBLIC SERVICE COMPANY January 16, 2018 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Tabor Street, Case # WZ-18-01 Right of Way & Permits 1123 West 3' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the request for the Tabor Street Rezone. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. As the project progresses, the property owner/developer/contractor must complete the application process for any new natural gas or electric service via FastApp-Fax-Email- USPS (go to: https://www.xcelenergy.com/start, stop, transfer/new construction service activation for builders). 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 Contract Right of Way Referral Processor Public Service Company of Colorado Meredith Reckert From: Meredith Reckert Sent: Monday, January 22, 2018 2:39 PM To: zbmartin@hotmail.com' Subject: FW: Tabor Street, Case # WZ-18-01 Attachments: Rezone letter.doc Hi, Brian Attached is a response from Xcel Energy that I didn't include. Sorry. Meredith Reckert, AICP Senior Planner Office Phone: 303-235-2848 FAX: 303-235-2857 City of Wheat l �' (oMMul� 1TY t'aWILOPMI .:7 4-r From: George, Donna L [mailto:Donna.L.George@xcelenergy.com] Sent: Tuesday, January 16, 2018 10:16 AM To: Meredith Reckert <mreckert@ci.wheatridge.co.us> Subject: Tabor Street, Case # WZ-18-01 XceiEnergysm PUBLIC SERVICE COMPANY January 16, 2018 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Tabor Street, Case # WZ-18-01 Right of Way & Permits 1123 West 3' 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 Tabor Street Rezone. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. As the project progresses, the property owner/developer/contractor must complete the application process for any new natural gas or electric service via FastApp-Fax-Email- USPS (go to: https://www.xcelenergV.com/start, stop, transfer/new construction service activation for builders). 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 Contract Right of Way Referral Processor Public Service Company of Colorado City of Wheat_, j l e COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: January 5, 2018 Response Due: January 19, 2018 The Wheat Ridge Community Development Department has received a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use Neighborhood (MU -N) for property located at 4433 Tabor Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-18-01/Tabor Street Request: The applicant is requesting a rezoning of the property at 4433 Tabor Street from Agriculture -One to Mixed Use Neighborhood (MU -N). The existing zoning on the property allows for single family residential and general farming uses. The property is 22,000 square feet in size and is currently vacant. The purpose of the rezone is to expand possible uses for the property, including mixed use with both a commercial and residential component. The zone change is the first step of the process for redevelopment of the site. Although there is no specific development scenario included with this referral, if approved and prior to construction of any new structures, a site development plan approval will be required. Please inform the case manager of any concerns about the site's ability for future development based on the proposed zoning. At the time of site plan review, when a specific development proposal is available, an additional referral regarding utility needs for the proposed development will be issued. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert&i.wheatridge.coms DISTRIBUTION: Valley Water District Fruitdale Sanitation District Arvada Fire Protection District Centurylink AT&T Broadband Xcel Energy Wheat Ridge Public Works Wheat Ridge Economic Development Wheat Ridge Police Department Wheat Ridge Building Division "The Carnation City" Vicinity map "The Carnation City" City of �WheatRdge MUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: February 15, 2018 CASE NO. & NAME: WZ-18-01 / Kennedy ACTION REQUESTED: Approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) LOCATION OF REQUEST: 4433 Tabor Street PROPERTY OWNER: Brenda and Randall Williams APPLICANT: Tom Kennedy APPROXIMATE AREA: 0.95 acres (41,580 square feet) PRESENT ZONING: Agricultural -One (A-1) PRESENT LAND USE: Single-family home COMPREHENSIVE PLAN: Mixed use commercial ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP 44Th AVE 46TH AVE l G G Ln Q All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The prospective buyer of 4433 Tabor Street has requested approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N). The proposed rezoning area includes one parcel, the total area of which is approximately 0.95 acres. The purpose of the zone change is to better align the zoning with the surroundings and to expand possible uses for future redevelopment. The zone change is the first step of the approval process for future redevelopment. If approved, the applicant has stated he intends to develop the property with live/work dwelling units. II. EXISTING CONDITIONS/PROPERTY HISTORY Subject Property The property is located on Tabor Street, north of W. 40 Avenue, south of Interstate -70 (Exhibit 1, Aerial). The eastbound on-ramp for I-70 is immediately adjacent to the property to the west. The site is just under one acre in size, and it currently includes a single family home that was built in 1934 (per Jefferson County Assessor records). The majority of the site is undeveloped (Exhibit 2, Site Photos). Access is provided from Tabor Street, although the existing driveway is not paved. The width of the frontage on Tabor Street is approximately 130 feet. Surrounding Zoning and Land Use The subject property is zoned Agricultural -One (A-1) and the surrounding properties include a variety of land uses and zoning designations (Exhibit 3, Zoning Map). The west side of Tabor Street is generally more commercial in nature. To the north are two properties zoned Planned Commercial Development (PCD). This includes an office/warehouse, which was rezoned from A-1 to PCD in 1986 and built in 1998, and Trailer Source, which was rezoned from A-1 to PCD in 1995 and was built in 2006. To the south is Heinie's Market which has been in this location for decades and is zoned Commercial -One (C-1). Across Tabor to the east, properties are zoned residentially and agriculturally. The property immediately across the street is approximately 2 acres in size, is vacant, and is zoned A-1. To the north at W. 46th Avenue is a neighborhood predominantly zoned Residential -Two (R-2). To the southeast is a single-family home zoned R-1 and several properties at 44th Avenue zoned R-3 containing multifamily apartments. III. PROPOSED ZONING The applicant is requesting to rezone the property to Mixed Use -Neighborhood (MU -N), a zone district that is intended for neighborhood main streets and neighborhood commercial centers. In addition to residential, civic, and office uses, this zone district allows for a limited range of neighborhood -serving commercial and retail uses. Case No. WZ-18-01 /Kennedy A request for a rezoning to any of the City's mixed use districts may be made as a speculative zone change without specific future plans. In this case, the applicant has indicated that he intends to develop live/work units if the zone change is approved (Exhibit 4, Applicant Request). Any redevelopment of the site under MU -N would be reviewed as part of a separate land use application in the future. Site plan review would confirm compliance of new development with the mixed use design standards. In this location, Tabor Street is designated as a collector street and is a primary north -south route between W. 44th Avenue and W. 52"a Avenue, connecting to both the I-70 Frontage Road and the Wheat Ridge • Ward commuter rail station. The character of Tabor varies, but in this particular location MU -N is an appropriate zone district because of the presence of both commercial and residential uses. The table below compares the existing and proposed zoning for the property: Given the variety of zone districts in this area, it is appropriate to review the MU -N zoning request not only to A-1 but in relation to the existing conditions and surrounding zoning. The subject property is the last remaining parcel on the west side of Tabor to be a non-commercial use. The proposed MU -N zoning is less intensive than the adjacent commercial zoning designations (C-1 and PCD) and requires higher quality site and building design. By allowing residential uses and limiting intensive commercial uses, MU -N is more compatible with the east side of Tabor Street than the existing commercial zoning designations. The proposed zoning generally strikes a compromise among the surrounding zone districts and land uses. Case No. WZ-18-01 /Kennedy CURRENT/ PROPOSEDZONING: One -family dwelling Residential, commercial or mixed use Permitted uses (1 home per acre; agricultural development, including multifamily uses are not permitted because and live/work, excludes outdoor the site is less than 1 acre) storage and intensive commercial uses Mixed use standards apply, including Architectural None high quality architecture with standards Standards related to articulation, variation, materials, transparency Max. Building 35' 35' if the building has residential use, Height 50' for all other uses Max. Lot coverage 25% 90% for mixed use, 85% for single use Min. Landscaping 25% for single-family uses 10% for mixed use, 15% for single use Building Front (east): 30' setback Front (east): 0-12' build -to Orientation Others: 15' setback Side: 0' Rear: 5' Given the variety of zone districts in this area, it is appropriate to review the MU -N zoning request not only to A-1 but in relation to the existing conditions and surrounding zoning. The subject property is the last remaining parcel on the west side of Tabor to be a non-commercial use. The proposed MU -N zoning is less intensive than the adjacent commercial zoning designations (C-1 and PCD) and requires higher quality site and building design. By allowing residential uses and limiting intensive commercial uses, MU -N is more compatible with the east side of Tabor Street than the existing commercial zoning designations. The proposed zoning generally strikes a compromise among the surrounding zone districts and land uses. Case No. WZ-18-01 /Kennedy IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. The rezoning would limit the range of commercial uses allowed on the site to more neighborhood -oriented commercial activities, as opposed to the more intensive commercial activities which are permitted on adjacent properties. While the MU -N zone district will expand use options as compared to A-1, the zone change is appropriate based on the existing character and land use patterns on Tabor Street. The mixed use development standards will ensure high quality site and building design. For these reasons, the zone change should not have an adverse effect on the surrounding area. 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. The applicant will be responsible for upgrades if development results from the zone change. The width of Tabor Street in front of the property is currently substandard, so a right-of-way dedication would be required with future development. Because the property currently contains only a single-family home, it is anticipated that the applicant would need to work with the appropriate districts on utility upgrades based on a future redevelopment scenario. Despite a likely need for future upgrades, service providers and utility districts did not express any concerns with the zone change itself during the referral period. 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. Tabor Street is a primary north -south route, which is classified as a collector and currently includes a mix of land uses. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies the east side of Tabor as a "neighborhood" and the west side of Tabor as "mixed use commercial." These designations acknowledge the mixed Case No. WZ-18-01 /Kennedy 4 use character of Tabor, and as such the MU -N zone change request is consistent with the City's comprehensive plan (Exhibit 5, Comprehensive Plan). A stated goal in the comprehensive plan is to promote reinvestment in properties and to promote a mix of neighborhood -supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed use goals. The property is within the Fruitdale Subarea. This subarea plan was adopted in 2007 and predates both the comprehensive plan (2009) and the adoption of mixed use zoning (2010). Despite this, the zone change is consistent with the subarea plan, which classifies the west side of Tabor as commercial and generally calls for reinvestment in the area. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current A-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant recent changes in the area. The commercialization of the west side of Tabor has been occurring over the last several decades as noted above. 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. Case No. WZ-18-01 /Kennedy 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 of the Municipal Code. A meeting for neighborhood input was held on May 24, 2017. In addition to staff, the owner, and the applicant, three people from the neighborhood attended the meeting. In general, attendees supported the request. A summary of the meeting is enclosed as Exhibit 6, Neighborhood Meeting Notes. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Police Department: No concerns. Wheat Ridge Public Works Department: No concerns; specific site requirements will be reviewed through a site plan review when development is proposed. Arvada Fire Protection District: No concerns; specific site requirements will be reviewed through a site plan review when development is proposed Fruitdale Sanitation District: No objection; applicant will be responsible for any necessary infrastructure upgrades Valley Water District: No objection; applicant will be responsible for any necessary infrastructure upgrades when development is proposed. Xcel Energy: No objection; applicant will be responsible for any necessary infrastructure upgrades when development is proposed. No comments were received from CenturyLink, AT&T or the Building Division. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process will be required in the future if redevelopment occurs. 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 Case No. WZ-18-01 /Kennedy change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses and relating appropriately to the adjacent commercial and residential land uses. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-01. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-18-01, a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and Fruitdale Subarea Plan 3. The proposed zone change is consistent with the character of Tabor Street. 4. The zone change will provide opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request." Option B• "I move to recommend DENIAL of Case No. WZ-18-01, a request for approval of a zone change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for property located at 4433 Tabor Street, for the following reasons: 2. ... Case No. WZ-18-01 /Kennedy EXHIBIT 1: AERIAL The subject site at 4433 Tabor Street is outlined below in blue in this 2016 aerial image. The adjacent green shading indicates CDOT right-of-way. Case No. WZ-18-01 /Kennedy j/ r �D irk apw �:. q ��Ft ti 1�•rW- Mt.69 S S- 's3�.�;xk . �+ `fid; _ � .t `�,�•l, ;'�:..,�� . � ,tA/�'5`Ir 'mit{tu e►��+,� ;� ,+s MW r, �i� y�`. l+e`�t',',`,' ` 0!i'� f %i �;��r//G 6�•��jr�i `l !{,� �.:'! js''^ o EXHIBIT 3: ZONING MAP The subject site at 4433 Tabor Street is outlined below in blue in this excerpt from the City's zoning map. The current zoning on the subject property is Agricultural -One (A-1). R- A RA R-1 . 1_ C-1 W Case No. WZ-18-01 /Kennedy 10 EXHIBIT 4: APPLICANT REQUEST 4433 Tabor Loft/Worx Project Proposal Request for Zone Change A proposal is being submitted for a zone change on a 0.9 acre lot at 4433 Tabor Street, Wheat Ridge, CO 80033. The lot is currently zoned agricultural and the requested proposal is for a zoning change to Mixed Use Neighborhood (MU -N). The subject lot is bordered on two sides by commercial structures with the back of the lot facing the East bound I-70 on-ramp from 44th avenue. Background The property has been owned by the same family for over 60 years. It was part of a larger agricultural parcel that was sub divided and sold, with an existing storage building converted to a single family residence. The current owner is part of the development team requesting the zoning change Proposed Project 4433 Tabor Loft/Worx is a mixed use, "live where you work/work where you live" concept. The proposed development is designed for 10-12 units comprised of 1,000 to 1,100 sq ft of warehouse and residential space combined in one unit. The targeted market is individual tenant/owners requiring working space for design, storage and office areas while inhabiting the area above the work area. We envision an "artisan' mix of complementary businesses. The concept of artisan is not so much of an artistic focus but more a collaboration of individuals whose entrepreneurial goals reflect a live/work environment. Case No. WZ-18-01 /Kennedy 11 Some examples of these are: m Internet interactive design and support m Commercial interior design m Manufacturer representatives m Professional engineering services G Licensed individuals providing professional business consulting and work products (CPA etc) Project Criteria for Review The project qualifies for a zone change not deemed planned unit development under Sec. 26-112 due to the fact that neither the land use size is greater than 1 acre nor the zone change application is for a zone change to any commercial district except mixed use or to the industrial -employment district. The front of the property faces Tabor Street with primarily residential and multifamily residences and a 6 acre tract of undeveloped agricultural zoned land on the East side of Tabor Street. Subject property is located on the West side of Tabor Street and is flanked by commercial properties and highway access behind it. The rezoning of the property to mixed use is utilizing the highest and best use of the land to provide a seamless integration from the residential usage on the East side of Tabor Street to the commercialized district on the opposite side of Tabor Street. A "live where you work/work where you live" development is designed to have minimal impact both on traffic flow and access to current infrastructures. Residents of these properties are not tied to normal work flow patterns. The restrictive nature of the proposed covenants against walk- in retail businesses curtail any additional traffic outside the coming and goings of the residents of the property. The location of the property in a commercially zoned area utilizes the existing utilities already servicing the properties in this corridor of businesses. Thus requiring no additional taxing of the current utilities. With the completion of the light rail station approximately on half mile to the North of the proposed development, the 4443 Tabor Loft/Worx development fully incorporates itself into both Wheat Ridge's and the Front Ranges transportation plans to encourage proposals that commit to reducing the impact that commuting and private vehicle use has on the surrounding community. Case No. WZ-18-01 /Kennedy 12 EXHIBIT 5: COMPREHENSIVE PLAN The image below is an excerpt from the Structure Plan within the City's 2009 comprehensive plan with the subject property outlined in red. The Structure Plan "provides strategic guidance for future development and redevelopment efforts. The categories displayed on the Structure Plan show the general locations of desired future land uses, but the map symbols (especially corridor widths and sizes of activity centers) are not intended to depict precise boundaries." (Note: the underlying aerial image predates the construction of the I-70 ramps immediately west of the subject property.) Q r I ' Kaiser Vampus y 40! T W Prospe P Tabor Lake Lake Neighborhoods Neighborhood Buffer Area Mixed -Use Commercial 'r Employment Mixed -Use Emolovment _ '+ Neighborhood Commercial Corridor Case No. WZ-18-01 /Kennedy 13 EXHIBIT 6: NEIGHBORHOOD MEETING NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicants Present: Existing Zoning: Existing Comp. Plan: May 24, 2017 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 29`h Avenue Wheat Ridge, CO 4433 Tabor Street Randall K. Williams Brenda Kathleen Williams Yes Brian Martin Tom Kennedy Randy Williams Agricultural -One (A-1) Mixed -Use Commercial Existing Site Conditions: The property is located on Tabor Street north of 44th Avenue and south of Interstate -70. The ramps for 1-70 are adjacent to the property to the west. According to the Jefferson County Assessor, the property is just under one acre in size (39,988 square feet), and it has on it a single family home that was built in 1934. The majority of the site is undeveloped. Access is provided from Tabor, although the existing driveway is not paved. The site is currently zoned Agricultural -One (A-1), and it is surrounded by a variety of zoning designations and land uses. Immediately to the north is an office/warehouse zoned Planned Commercial Development (PCD), and to the south is Heine's Market which is zoned Commercial -One (C-1). Across Tabor to the east are properties zoned residentially and agriculturally. This includes a relatively well-established R-2 neighborhood, a vacant A-1 parcel, and multifamily development along 44`h Avenue. Case No. WZ-18-01 /Kennedy 14 Applicant/Owner Preliminary Proposal: The applicant is proposing to develop the property into a live/work project. Although there is no specific development being proposed at this time, a conceptual site plan was shared with the group. The plan showed a row of 12 units running along and parallel to the northern property line. A drive -aisle and parking are located south of the structure. No outdoor storage would be permitted on the property. Potential end users could include materials installers who need warehouse space, manufacturer representatives who need showroom space, or design professionals who need studio and meeting space. The applicants do not envision any retail uses on the property. There are two options to change the zoning on the property. The first would be to rezone it to a mixed use zone district category. The property's location would qualify it to be rezoned to Mixed -Use Commercial Interstate (MU -C I) which is intended for properties on commercial corridors within 500' of I-70. Another mixed use category to contemplate is Mixed Use — Neighborhood which would be more compatible with the residential uses across the street. The other option would be to rezone the property to a planned development district. The following is a summary of the neighborhood meeting: • In addition to staff and 3 applicant/owner representatives, 3 members of the public attended the neighborhood meeting. See attached sign-up sheet. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed project and how a zone change to Mixed Use could work for the property. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • What is the current use on the property? Single family residential. • The building is proposed to be two stories in height. How will the upper story be used? As either a one -bedroom efficiency apartment or office space supporting the use on the bottom floor. • Will outside storage be allowed? No. • How tall will the building be? Roughly 29'. Case No. WZ-18-01 /Kennedy 15 • The proposed development looks similar to the development to the north. How many units are in that development? Seven. • One of the attendees indicated that he was generally supportive of the concept but commented that with mixed use zoning, there are no assurances of what can be built. He indicated that he would prefer to the see the property rezoned to a planned development district so the design can be reviewed as part of the zone change process. No written comments were received either before or after the neighborhood meeting. May 23, 2017 — 6 PM Neighborhood Meeting 4433 Tabor Street Zone change from Agricultural -One (A-1) to a Planned Mixed Use Development (PMUD) PLEASE PRINT Name Address 2.—� til y( b Sc 3. 4. F ''( J. n 6. L� U .f/ .,� c. t �- ` ,) c� `/ 5 T 7. Case No. WZ-18-01 /Kennedy 16 ll.. TITLE DEPARTMENT - DELIVERY TRANSMITTAL FIRST INTEGRITY Closing Location: 11941 W. 48th Ave, Suite 204 Wheat Ridge, CO 80033 STRENGTH I SERVICE I STABILITY Phone: (720)542-6940 Fax: (855)603-6088 Order No.: 105-1706778-S Property Address: 4433 Tabor Street, Wheat Ridge, CO 80033 Buyer(s)/Borrower(s): Tom Kennedy Seller(s): Brenda Kathleen Williams and Randall K. Williams BUYER/BORROWER Tom Kennedy tk@amllc.us Above is a list of clients to whom the attached materials have been delivered. First Integrity Title Company has several office locations in which to serve you. The location noted on the commitment may not be your closing location. Please contact the closer below to confirm the closing destination as well as any inquiries or questions you may have. We sincerely thank you for your business and look forward to serving you. FOR QUESTIONS OR COMMENTS: Escrow Officer: Joan Metcalf E -Mail Address: JMetcalf@firstintegritytitle.com Phone: (720) 542-6941 11941 W. 48th Ave, Suite 204 Wheat Ridge, CO 80033 Escrow Assistant: Marietta Shomler E -Mail Address: Marietta@firstintegritytitle.com Phone: (720) 881-5770 11941 W. 48th Ave, Suite 204 Wheat Ridge, CO 80033 WIRE INSTRUCTIONS: BANK: First American State Bank ABA NO.: 102006326 ACCOUNT: 140467 CREDIT: First Integrity Title Company REFERENCE: 1 05-1706778-S All Cashier's Checks must be payable to First Integrity Title Company ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE Issued by WestCor Land Title Insurance Company WestCor Land Title Insurance Company, a California corporation ("Company'), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. NVESTC'OR LAND TITLE INSURANCE CORIPANY ,.. k ,1Mrk � President Attest - Secretary CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http.//www.alta.orgh. ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Foi-m is restricted to ALTA licensees and ALTA members in good standing as of the date of use_ All other uses are prohibited. Reprinted under license from the American Land Title Association. First Integrity Title Company as agent for WestCor Land Title Insurance Company Commitment No.: 105-1706778-S SCHEDULE A COMMITMENT FOR TITLE INSURANCE 1. Effective Date: November 20, 2017 2. Policy or Policies to be issued Amount Premium A. ALTA Owners Policy (06/17/06) $0.00 $0.00 Proposed Insured: Tom Kennedy B. ALTA Loan Policy (06/17/06) $0.00 $0.00 Proposed Insured: TBD, its successors and/or assigns as their respective interests may appear. TBD -Commitment $115.00 3. The estate or interest in the land described ore referred to in this Commitment and covered herein is Fee Simple and title thereto is at the effective date hereof vested in: Brenda Kathleen Williams and Randall K. Williams 4. The land referred to in this Commitment is situate in Jefferson County, State of Colorado and is described as follows: See Exhibit A attached hereto and made a part hereof. Also known by street and number as: 4433 Tabor Street, Wheat Ridge, CO 80033 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. CM -2 (ALTA Commitment for Title Insurance (6-17-06) — Schedule A (1NLTIC Edition 8/4/08) EXHIBIT A PARCEL DESCRIPTION: (REC. #F1712798) A PORTION OF LOT 9, LEE SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT 132 ' SOUTH ON THE EAST LINE OF THE NORTHEAST CORNER,- THENCE ORNER;THENCE 315' WEST; THENCE 132' SOUTH; THENCE 315' EAST; THENCE 132' NORTH TO THE P.O.B., EXCEPT THAT PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 10985 AT RECEPTION #85021775 AS SET FORTH ON LAND SURVEY PLAT BY BRANING LAND SURVEYING DATED AUGUST 28, 2017 RECORDED NOVEMBER 03, 2017 AT JEFFERSON COUNTY RECEPTION NO. 2017113985 MORE ACCURATELY DESCRIBED AS FOLLOWS: PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003) A PORTION OF LOT 9, LEES' SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 132 FEET SOUTH ON THE EAST LINE FROM THE NORTHEAST CORNER; THENCE 315 FEET WEST; THENCE 132 FEET SOUTH,- THENCE OUTH;THENCE 315 FEET EAST; THENCE 132 FEET NORTH TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT RECEPTION #85021775. COUNTY OF JEFFERSON, STATE OF COLORADO For information purposes only: 4433 Tabor Street, Wheat Ridge, CO 80033 This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. CM -2 (ALTA Commitment for Title Insurance (6-17-06) — Exhibit A (WLTIC Edition 8/4/08) File No.: 105-1706778-S SCHEDULE B - SECTION I REQUIREMENTS The following are the requirements that must be met: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. Receipt by the Company of the appropriate affidavit and indemnity executed by the owners of the subject property. 7. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, item 2A. Note: C.R.S. §38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 8. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the proposed insured, Schedule A, item 2(b) or 2(c). 9. Release of the Deed of Trust from Brenda Kathleen Williams and Randall K. Williams to the Public Trustee of Jefferson County for the benefit of LOANDEPOT.COM, LLC to secure an indebtedness in the principal sum of $114,800.00, and any other amounts and/obligations secured thereby, dated January 11, 2014 and recorded on January 27, 2014 at Reception No. 2014006375. NOTE: This Commitment is subject to further exceptions and/or requirements as may appear necessary when the name of the Purchaser(s) and/or Proposed Insured, Schedule A, Item 2A has been disclosed CM -2 (ALTA Commitment for Title Insurance (6-17-06) — Schedule BI (WLTIC Edition 8/4/08) File No.: 105-1706778-S SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not show by the Public Record. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquired of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes for the current year, including all taxes now or heretofore assessed, due, or payable. 8. ANY EXISTING LEASES OR TENANCIES. 9. ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED PLAT OF LEES' SUBDIVISION, RECORDED NOVEMBER 11, 1892 AT RECEPTION NO. MAP BOOK 2 AT PAGE 23A. 10. THE EFFECTS OF THE MONUMENTED LAND SURVEY BY ROBINSON ENGINEERING, INC, PREPARED BY ARDYS ENTSMINGER RECORDED AUGUST 26, 1988 AT RECEPTION NO. 88083872 UPON THE LAND HEREIN DESCRIBED OF SCHEDULE A., INCLUDING IRRIGATION DITCHES AS REFERENCED WHICH MAY ALSO AFFECT THE LAND TO BE INSURED. 11. THE EFFECTS OF INCLUSION WITHIN THE DECREE FOR THE VALLEY WATER DISTRICT RECORDED OCTOBER 29, 1956 AT BOOK 1026 AT PAGE 592 RECEPTION NO. 661165 AND BY INCLUSION UNDER DOCUMENT RECORDED MAY 29, 1997 AT RECEPTION NO. F0419815. 12. RIGHTS TO TABOR STREET AS MAY EXIST TO THE CITY OF WHEAT RIDGE AS EXPANDED AS EVIDENCED BY EXTRAPOLATION FROM EXPANDED GRANTS FOR ADDITIONAL 10 FEET UNDER PLAT FOR TABOR STRRET PROPERTIES SUBDIVISION RECORDED MARCH 26, 1997 AT RECEPTION NO. F0389536 AND WARRANTY DEED TO CITY OF WHEAT RIDGE RECORDED OCTOBER 11, 1994 AT RECEPTION NO. 94163071. 13. ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED PLAT OF LAND SURVEY PLAT, RECORDED NOVEMBER 3, 2017 AT RECEPTION NO. RECEPTION NO. 2017113985. CM -2 (ALTA Commitment for Title Insurance (6-17-06) — Schedule BI (WLTIC Edition 8/4/08) SCHEDULE B - SECTION II (Continued) 14. THE FOLLOWING MATTERS AS EVIDENCED BY LAND SURVEY PLAT DATED AUGUST 28, 2017 BY BRANING LAND SURVEYING RECORDED NOVEMBER 03, 2017 AT RECEPTION NO. 2017113985: A. FENCING NOT CORRESPONDING TO EXACT PROPERTY LINES; B EVIDENCE OF UNDERGROUND IRRIGATION PIPING EXTENDING INTO OR FROM THE LAND; C. MEASUREMENTS ON THE LAND SURVEY NOT CORRESPONDING TO THOSE OF RECORD. 15. JUDGMENTS, STATE AND/OR FEDERAL TAX LIENS, IF ANY, AGAINST THE PROPOSED INSURED. NOTE: THIS EXCEPTION WILL NOT APPEAR ON ANY LOAN/LENDER'S POLICY. End of Schedule B Section II CM -2 (ALTA Commitment for Title Insurance (6-17-06) — Schedule BII (WLTIC Edition 8/4/08) Escrow No.: 105-1706778-S DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8- 1-2 (Section 5), if the parties to the subject transaction request us to provide escrow -settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording Whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an Owner's Policy of Title Insurance and is responsible for the recording and First Integrity Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: "A closing protection letter is available to be issued to lenders, buyers and sellers". • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Disclosure Statement 105-1706778-S NOTICE OF PRIVACY POLICY of Westcor Land Title Insurance Company and First Integrity Title Company Westcor Land Title Insurance Company ("WLTIC") and First Integrity Title Company values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and First Integrity Title Company take to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC and do not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or may share nonpublic personal information as permitted by law with entities with whom WLTIC or has a joint marketing agreement. Entities with whom WLTIC or have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and uses to protect this information and to use the information for lawful purposes. WLTIC and , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and First Integrity Title Company, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. FIRST INTEGRITY PRIVACY POLICY 11941 W. 48th Ave, Suite 204 Wheat Ridge, CO 80033 Phone: (720)542-6940 Fax: (855)603-6088 Committed to Protecting Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. You have a right to know how we will utilize the personal information you provide to us. Therefore, First Integrity Title Company has adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our agents, or others; and • Information we receive from a consumer -reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Thank you for giving us the opportunity to provide your closing and settlement services. FITCO Privacy Policy 105-1706778-S Property appraisal system Property �> Information GENERAL INFORMATION PIN/Schedule: 300042759 Status: Active Property Address: 04433 TABOR ST WHEAT RIDGE CO 80033 Mailing Address: PO BOX 11545 DENVER CO 80211 Neighborhood: 2408 - FRUITDALE, LEES, STONERIDGE PROPERTY DESCRIPTION Subdivision Name: 464400 - LEES AIN/Parcel ID: 39-201-05-005 Property Type: Residential Owner Name(s) WILLIAMS BRENDA KATHLEEN WILLIAMS RANDALL K lock Lot Key Isection ownshi Range lQuarterSection Land S ft 0009 006 120 169 39988 otal 139988 Assessor Parcel Maps Associated with Schedule Interactive Ma pmao39-201.odf Mal) PROPERTY INVENTORY Property Type RESID Year Built: 1934 Adjusted Year Built: 1934 Design: 1 Story/Ranch Improvement Number: TV] Item Quality No. Bedroom (Above Grade) Fair 12 Base Bath Fair 11 Number of Units Fair 11 Adjustment Code djustment SgFt Wall Furnace Heat 900 SALE HISTORY Areas QuaIit Construction S Out Shed Fair 1 216 First Floor Fair IF 900 Land Characteristics Retail influence Typical Location Page 1 of 1 Sale Date Sale Amount Ibeed Tye lReception 06-25-1986 0 Other 86069453 01-11-1989 0 Personal Representative Deed 89004807 03-11-2003 0 Quit Claim Deed F1712798 TAX INFORMATION 2017 Pa able 2018 Actual Value Tota 1 266,584 Assessed Value Tota 1 19,194 Treasurer Information View Mill Levy Detail For Year 2018 2017 Mill Levy Information Tax District 3190 County 24.7090 School 45.9410 REGIONAL TRANSPORTATION DIST 0.0000 URBAN DRAINAGE&FLOOD CONT DIST 0.5590 URBAN DRAINAGE&FLOOD C SO PLAT 0.0610 VALLEY WATER DIST 0.0000 FRUITDALE SAN DIST 2.5830 WHEAT RIDGE 1.8300 ARVADA FIRE DIST 14.7470 0ta1 90.4300 2017 http://ats.jeffco.us/ats/displaygeneral.do?sch=042759 01/05/2018 - City of Wheat- idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than fen (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. I, , as `x t",,% rei< of/with 4 3 3 / `�d l O �� �d AQ X (Print name) (Position/Job Title) (Entity applying for permitJapprov ) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for set for public hearing on (Describe type of application) Nk , 20_, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. -OR- Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this ,2 `( day of �c� c�y�, 20Y7 By: December 18, 2017 City of Wheat Ridge Community Development Department 7500 W 29" Ave. Wheat Ridge, CO 80033 RE: Authorization on my behalf as owner of 4433 Tabor Street, Wheat Ridge, CO To whom it may concern: This will serve as my authorization as legal owner of 4433 Tabor Street, Wheat Ridge, CO. This authorization is for Tom Kennedy (Applicant) and Brian Martin (Contact) to act on my behalf for the sole purpose of acting as Applicant and Contact in the submittal of the application and any related documents pertaining to the request for rezoning of 4433 Tabor Street Wheat Ridge, CO. If there are any questions feel free to contact me at 303.884.4096. Sincerely, Date 4433 Tabor Loft/Worx Project Proposal Request for Zone Change A proposal is being submitted for a zone change on a 0.9 acre lot at 4433 Tabor Street, Wheat Ridge, CO 80033. The lot is currently zoned agricultural and the requested proposal is for a zoning change to Mixed Use Neighborhood (MU -N). The subject lot is bordered on two sides by commercial structures with the back of the lot facing the East bound I-70 on-ramp from 44`h avenue. Background The property has been owned by the same family for over 60 years. It was part of a larger agricultural parcel that was sub divided and sold, with an existing storage building converted to a single family residence. The current owner is part of the development team requesting the zoning change Proposed Project 4433 Tabor Loft/Worx is a mixed use, "live where you work/work where you live" concept. The proposed development is designed for 10-12 units comprised of 1,000 to 1,100 sq ft of warehouse and residential space combined in one unit. The targeted market is individual tenant/owners requiring working space for design, storage and office areas while inhabiting the area above the work area. We envision an "artisan' mix of complementary businesses. The concept of artisan is not so much of an artistic focus but more a collaboration of individuals whose entrepreneurial goals reflect a live/work environment. Some examples of these are: • Internet interactive design and support • Commercial interior design • Manufacturer representatives • Professional engineering services • Licensed individuals providing professional business consulting and work products (CPA etc) Project Criteria for Review The project qualifies for a zone change not deemed planned unit development under Sec. 26-112 due to the fact that neither the land use size is greater than 1 acre nor the zone change application is for a zone change to any commercial district except mixed use or to the industrial -employment district. The front of the property faces Tabor Street with primarily residential and multifamily residences and a 6 acre tract of undeveloped agricultural zoned land on the East side of Tabor Street. Subject property is located on the West side of Tabor Street and is flanked by commercial properties and highway access behind it. The rezoning of the property to mixed use is utilizing the highest and best use of the land to provide a seamless integration from the residential usage on the East side of Tabor Street to the commercialized district on the opposite side of Tabor Street. A "live where you work/work where you live" development is designed to have minimal impact both on traffic flow and access to current infrastructures. Residents of these properties are not tied to normal work flow patterns. The restrictive nature of the proposed covenants against walk-in retail businesses curtail any additional traffic outside the coming and goings of the residents of the property. The location of the property in a commercially zoned area utilizes the existing utilities already servicing the properties in this corridor of businesses. Thus requiring no additional taxing of the current utilities. With the completion of the light rail station approximately on half mile to the North of the proposed development, the 4443 Tabor Loft/Worx development fully incorporates itself into both Wheat Ridge's and the Front Ranges transportation plans to encourage proposals that commit to reducing the impact that commuting and private vehicle use has on the surrounding community. 4433 TABOR STREET Legal Description PARCEL DESCRIPTION: (REC. #F1712798 OF APRIL 02, 2003) A PORTION OF LOT 9. LEES SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 132' SOUTH OF THE EAST LINE OF THE NORTHEAST CORNER; THENCE 315' WEST; THENCE 132' SOUTH; THENCE 315' EAST; THENCE 132' NORTH TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN QUIT CLAIM DEED RECORDED MARCH 8, 1985 AT RECEPTION #85021775 COUNTY OF JEFFERSON STATE OF COLORADO qi Mc (C.D.O.T.) �• �Q oo'z its � �v�" o� mcg[, � #11901 W. "TH AVENUE n r a Z 2 A [9REG /2009017569 moo°b , PORTON OF LOTOT ESUBDIMSION x v� �� V1$ inxn ►�> _ (PUT BOOK Z PAGE 23A) SIA �N�NmV CrL ��m� �Q��Vi�ON yy1 Nnn o H0P�z0l�iC�l�B Z.. 0 oN Aoc KSS! o� CI HTp N N9m a�o�� p g.0 aXz= E�91sio >�rz�sF3> b' "- $ 27� m �s= z ,b roto UH- v$i� REIM im m me oUR z s4 �Rm mSN N�co Z pO� y>�K$ B1o�� m 'y s yBq �o6im4 O co D m� N� zp m H CO m�ao�R��em�roaro Nzocxi A,4i Zi�Hlop y 10 'O] �ort�l el cn tiro z W a x5oznirn»rn�ar :7ooeoaero� SR. nP m O O r1r� aaaaadddd3 m o � � � �� H `•d ✓' mz m� U Nm z m x O { d a pN >g a O (�''� 7ytl (.0 003,_ gre y w `- rb�0 S may+ .�. m J 11;2 ni:o gip m I y� O z'r�i'z` ani 6 � y x iso m tij Hw. r J > z H g tJ 9 cn C ow'. . a a � to z ;g 'z+� r° x m H Cd wow'� n oarb"3 Z. Z. Vi '°l ia-]''tl061 �\ '°i1 KE0 fVl'f '^H O3In r000 ctv7 °sy 0ag �i62e-0 o plroeo94 x om0 Z. W x" 0 " '��. �' I myy '9 0p70y0�'a0ypy�W'9 ��0ro0p3 ��N�� "- rq �� n xd1'A'A0`3 �r�.m �° '�0+9bbb4ttfff [L+1'pr�ro�y �r O z ni f9A�xtxA �,A Sr^q xmOM, .proG3SNH��t900� m _ _ O tail bl p�yyy7l �rHy_ t��pq '°"1>.9�N�"1�.°3y�%O ma'•i aD°�-00���(qq H'r•�y _ 7,a.-a tyo��oS�9o. mz / I 9 [y'J fn m ? 1p o P -3 (130' REG #n712798) ��•• P N w 0 ym O H N-3 C - EO°16'03"E 129.11' p� '�'9> Wyy y>.3K .til p'1 0 0 1 T z p 0bN%•�"3 Wp•rN°VI��O rom tq C n v T BOSTREET m C 40AR PLATR BOOK Z PAGE 23A) y � A Zy[*1 n Z N I ^0°10'33"E 219.21' 3 pr, -•- Z (219.14' REG FO192325) a � m z '•�+' #4440 TABOR STREET - RAVISHER MINOR SUBDIVISION N REC, 00192325 C LOT 2 m K Cil\' ail Rev. 5/2014 W h���,r Submittal Checklist: Zone Change (straight zone district) Project Name: 4'' y 3' T7) 1_; a k LL F 1 6J CEJ `X LC Project Location: 9 9 3 3 TA Bof - -Si � tit i -I P't t 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: _Li - Completed, notarized land use application form ✓2. Application fee Signed submittal checklist (this document) ✓4. Proof of ownership—e.g. deed Y'5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) V'6. Mineral rights certification form �`. Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format %-' 8. Certified boundary and improvement survey of the property /9. Written request and description of the proposal ' Include a response to the zone change review criteria—these are found in Section 26-112 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 fo ity review. In addition, I understand that in the event any revisions need to be m e after th cond (2"d) full review, I will be subject to the applicable resubmittal fee. Signatu Date: Z�//��/� l7 Name (please print): g!K/ Phone„��.3 Community Development Department • (303) 235-2846 • www.ci.wheatridge.co.us ♦�A4 - City of Wh6atPs.id c 0 9CCo0mAAmuNiTyDEvELoPME,NT g City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicants Present: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: May 24, 2017 Meredith Reckert, Senior Planner Wheat Ridge Municipal Building Second floor conference room 7500 W. 29th Avenue Wheat Ridge, CO 4433 Tabor Street Randall K. Williams Brenda Kathleen Williams Yes Brian Martin Tom Kennedy Randy Williams Agricultural -One (A-1) Mixed -Use Commercial The property is located on Tabor Street north of 44th Avenue and south of Interstate -70. The ramps for I-70 are adjacent to the property to the west. According to the Jefferson County Assessor, the property is just under one acre in size (39,988 square feet), and it has on it a single family home that was built in 1934. The majority of the site is undeveloped. Access is provided from Tabor, although the existing driveway is not paved. The site is currently zoned Agricultural -One (A-1), and it is surrounded by a variety of zoning designations and land uses. Immediately to the north is an office/warehouse zoned Planned Commercial Development (PCD), and to the south is Heine's Market which is zoned Commercial -One (C-1). Across Tabor to the east are properties zoned residentially and agriculturally. This includes a relatively well-established R-2 neighborhood, a vacant A-1 parcel, and multifamily development along 44th Avenue. Applicant/Owner Preliminary Proposal: The applicant is proposing to develop the property into a live/work project. Although there is no specific development being proposed at this time, a conceptual site plan was shared with the group. The plan showed a row of 12 units running along and parallel to the northern property line. A drive -aisle and parking are located south of the structure. No outdoor storage would be permitted on the property. Potential end users could include materials installers who need warehouse space, manufacturer representatives who need showroom space, or design professionals who need studio and meeting space. The applicants do not envision any retail uses on the property. There are two options to change the zoning on the property. The first would be to rezone it to a mixed use zone district category. The property's location would qualify it to be rezoned to Mixed -Use Commercial Interstate (MU -C I) which is intended for properties on commercial corridors within 500' of I-70. Another mixed use category to contemplate is Mixed Use — Neighborhood which would be more compatible with the residential uses across the street. The other option would be to rezone the property to a planned development district. The following is a summary of the neighborhood meeting: • In addition to staff and 3 applicant/owner representatives, 3 members of the public attended the neighborhood meeting. See attached sign-up sheet. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. The applicant explained the proposed project and how a zone change to Mixed Use could work for the property. The members of the public were informed of the process for a zone change. The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: What is the current use on the property? Single family residential. • The building is proposed to be two stories in height. How will the upper story be used? As either a one -bedroom efficiency apartment or office space supporting the use on the bottom floor. • Will outside storage be allowed? No. • How tall will the building be? Roughly 29'. • The proposed development looks similar to the development to the north. How many units are in that development? Seven. • One of the attendees indicated that he was generally supportive of the concept but commented that with mixed use zoning, there are no assurances of what can be built. He indicated that he would prefer to the see the property rezoned to a planned development district so the design can be reviewed as part of the zone change process. No written comments were received either before or after the neighborhood meeting. z Z N L _ 1 (n W N r J n Qa li Al W � Q to I 0 }1 c / L W ■L r N Q 0 M O �— X •� c Z � � � s v r �a Q N z Z N L _ 1 (n W N J n ME 1.1 N M 4 N K J f O N C'7 In O ti 06 6 T- T- ,oz I M I L I IM Z 0 CL 0 CeCe 0 W M M i W J U N N M } F- 2 H w Y N F- CL. w U Z O U U WM ¢LLI O N N N O N Z„ _ o ❑_U W W W ❑ / ¢ O HY LLJ H d } H 2 u Z Z) U ¢ Z J = G L �a °Cdr~ O mz U J a N CLIO ,oz I M I L I IM Z 0 CL 0 CeCe 0 W M M i W J U N N M } F- 2 H w Y N F- CL. w U Z O U lo MW PRO,! i m1i cr 4r44 l lop M= r1. 4q,. A! + ^ � r� � � �r � T1s: _" -�^+�� 41 MW M= y. �y {� k� 46THAVE t } • for, ` e .l l 4TH OL l i ` _ ■ r O- 4AO —__ --PCD :- r L' R-2 _ o Q Y CD F 46THAVE v R-3 PCDUj o A-1 N r t R-2 R4 PCD { C-1 _ LI �f R-3 44TH AVE _ F Z 0 C-2 Pfdi� t �-p1 i jPCDr L -ul� oil City of �Wheat �e MUNITy DEVELOPMENT What is a Planned Development? Many properties in Wheat Ridge are part of a planned development zone district, including planned residential (PRD), planned commercial (PCD), and planned industrial (PID) districts. Each planned development has its own list of permitted uses and development standards. There are two distinct steps in establishing a planned development. Step one is approval of an outline development plan (ODP) that establishes the planned development zoning designation, permitted uses, underlying development parameters, and general design concepts. Step two is approval of a specific development plan (SDP) to provide specific site plans, building elevations, and civil documents. The SDP and ODP are both approved at public hearings. Obtaining approval of a Outline Development Plan can take about four months and is treated like a zone change. The process requires two public hearings. A Specific Development Plan can be reviewed at the same time as the ODP. If the SDP is submitted after ODP approval, only a public hearing before planning commission is required. Planned Development Review Process Step 1: Pre -application Meeting Step 2: Neighborhood Meeting (Only required for ODP—not required for SDP) I L Step 3: Submit Complete Application 1 -- Step 4: Staff Review, Referral (Typically 15 days) Step 5: Comments to Applicant Changes Necessary? yes ( No F.. Step 6: --- Publish Request/Post Property for Planning Commission Public Hearing (15 days prior to public hearing) Step 7: Staff Report for Planning Commission Public Hearing Step 9: Packet to City Council for 1st Reading Step 11: Resubmit Relevant Documents (Based on Planning Commission recommendation, if necessary) Step 12: Publish Request/Post Property for City Council Public Hearing (15 days prior to public hearing) Step 13: Packet to City Council for Public Hearing NOTE: If an SDP is submitted separate from and subsequent to ODP approval, repeat step 1 through step 8—however, step 2 (neighborhood meeting) is not required for SDP approval. 2220 RAND LLC 2220 RAND LLC TIRE DISTRIBUTION SYSTEMS INC BELL DAVID 11930 W 44TH AVE 200 PO BOX 3007 04430 TABOR ST WHEAT RIDGE CO 80033 LA VERGNE TN 37086 WHEAT RIDGE CO 80033 BLACK AMANDA C & D INVESTMENTS CLARK JOHN G CLARK KIM Y 11781 W 46TH AVE 11722 W 44TH AVE 04665 SWADLEY ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 TURGEON JAMES R COLORADO DEPARTMENT OF TRANSPORTATION DE ROSIER JOHN A 04520 SIMMS CT 04201 E ARKANSAS AVE 4TH FL00 08360 SNAFFLE BIT CT WHEAT RIDGE CO 80033 DENVER CO 80222 LITTLETON CO 80125 DUNCAN KENNETH FISHER RODNEY W DAVISON DIANE L FRIES MICHAEL A FRIES KELLI RAE 04638 SWADLEY ST 04722 E VERBENA DR 04615 SWADLEY ST WHEAT RIDGE CO 80033 PHOENIX AZ 85044 WHEAT RIDGE CO 80033 GIESELER FAMILY TRUST LINDA T GIESELER FRYE CHERRELYN FRYE ROBERT JOSEPH REVOCABLE TRUST GRAY ROBERT C GRAY MARY B 04645 SWADLEY ST 06429 S MILLER WAY 17017 E DAVIES AVE WHEAT RIDGE CO 80033 LITTLETON CO 80127 AURORA CO 80016 HPT TA PROPERTIES TRUST HADWIGER ALLEN TAX DEPT HUFF KELLY ALEXANDRA 04455 SIMMS ST 24601 CENTER RIDGE RD 04655 SWADLEY ST WHEAT RIDGE CO 80033 WESTLAKE OH 44145 WHEAT RIDGE CO 80033 JOHN V BUDD FAMILY TRUST JOHNSON KATHRYN L LIFE ESTATE KALLENBACH JASON KALLENBACH ANGELA R 01601 S LANSING ST 11600 W 44TH AVE 04635 SWADLEY ST AURORA CO 80012 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 KELLER ALAN S LINCS CARPET CARE TRUST MAIN BARBARA 1 DEVILBISS KERRY J 04625 SWADLEY ST 04825 WADSWORTH BLVD 04618 SWADLEY ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 RAILTON TERRANCE L LEWIS BETTY J SHOCKLEY THOMAS E SHOCKLEY ELIZABETH B SILZ HEINZ N SILZ THEA M 05302 UNION CT 6 11605 W 46TH AVE 15745 HWY 34 ARVADA CO 80002 WHEAT RIDGE CO 80033 FORT MORGAN CO 80701 TURGEON DANIEL R SIX OAK LIMITED PARTNERSHIP SKITZO 11808 LLC 02110 ROCKCRESS WAY 11457 W 1-70 FRONTAGE N RD 04651 TABOR ST GOLDEN CO 80401 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 TABOR STREET PROPERTIES LIMITED LIABILITY STEWART C KIM STROHL DOUGLAS JR STROHL MONICA COMPANY 11700 W 46TH AVE 08127 S LAMAR CT PO BOX 1272 WHEAT RIDGE CO 80033 LITTLETON CO 80128 MORRISON CO 80465 WILLIAMS BRENDA KATHLEEN WILLIAMS RANDALL K 04433 TABOR ST WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 11900 W 44TH AVE 12000 W 44TH AVE 04505 SIMMS CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 04510 SIMMS CT 11730 W 44TH AVE 11600 W 46TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 11673 W 44TH AVE 11691 W 44TH AVE 04651 TABOR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 11780 W 46TH AVE 04549 TABOR ST 04545 SIMMS CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 11690 W 46TH AVE 04410 TABOR ST 04628 SWADLEY ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 04550 SIMMS CT 12151 W 44TH AVE 04440 TABOR ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1.1681 W 44TH AVE 11680 W 44TH AVE 11801 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 04501 TABOR ST 11661 W 44TH AVE 11808 W 44TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT 04615 SIMMS ST WHEAT RIDGE CO 80033 Silver Doubles LLC NOTICE OF NEIGHBORHOOD INPUT MEETING Date: May 23, 2017 Location: Wheat Ridge Municipal Building 7500 W 29"' Ave - 2°d Floor Conference Room Dear Neighbor, Silver Doubles, LLC is proposing a rezoning on property located at 4433 Tabor St.. A neighborhood meeting will be held on May 23, 2017 at 6:00 p.m. at 7500 W 29`h Ave. Wheat Ridge, CO, aka Wheat Ridge Municipal Building. The purpose of the request is to allow a new workplace environment on a .91 acre parcel of land on the West side of Tabor St. just South of 44`h Ave. The site is currently zoned as Agricultural. We are proposing a rezoning to Mixed Use — Planned Development to facilitate a Live/Work community aimed at residents, businesses and those who wish to combine their living and working spaces within an architecturally distinctive and sustainable Live/Work enclave. The City of Wheat Ridge has adopted a requirement that prior to any application for the rezoning of the 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 29th Avenue Wheat Ridge, Colorado 80033. Sincerely, Tom Kennedy Owner 11941170 Frontage Road N, Wheat Ridge, Colorado 80033 Meeting Date: Applicant: City of Wh6at�jCgc COMMUNITY DEVELOPMENT PRE -APPLICATION MEETING SUMMARY February 16, 2017 Brian Martin Tom Kennedy Randy Williams Attending Staff: Meredith Reckert, Senior Planner Lauren Mikulak, Senior Planner Mark Westberg, Public Works Projects Supervisor Specific Site Location: Existing Zoning: Existing Comp. Plan: 4433 Tabor Street Agricultural -One (A-1) Mixed Use -Commercial Existing Site Conditions: The property is located on Tabor Street north of 44h Avenue and south of Interstate -70. The ramps for I-70 are adjacent to the property to the west. According to the Jefferson County Assessor, the property is just under one acre in size (39,988 square feet), and it currently includes a single family home that was built in 1934. The majority of the site is undeveloped. Access is provided from Tabor, although the existing driveway is not paved. The site is currently zoned Agricultural -One (A-1), and it is surrounded by a variety of zoning designations and land uses. Immediately to the north is an office/warehouse zoned Planned Commercial Development (PCD), and to the south is Heine's Market which is zoned Commercial -One (C-1). Across Tabor to the east are properties zoned residentially and agriculturally. This includes a relatively well-established R-2 neighborhood, a vacant A-1 parcel, and multifamily development along 44`" Avenue. r 110 Ez N Applicant/Owner Preliminary Proposal: The applicant is proposing to develop the property into a live/work community. The preliminary site plan shows 14 live/work units on the site. The units are proposed to have workspace, warehouse, meeting, and/or office space on the first floor with a dwelling unit above. The preliminary site plan currently shows a central drive aisle with buildings on the north and south side of the property. No outdoor storage would be permitted. Potential end users could include installers who need warehouse space, manufacturer representatives who need showroom space, or design professionals who need studio and meeting space. The applicants do not envision any retail uses on the property. Will a neighborhood meeting need to be held prior to application submittal? The applicant's current proposal will require a zone change, the process for which requires a neighborhood meeting. Planning comments: The following items were discussed based on the applicant's proposal: Zoning & Use The existing zoning on the property is Agricultural -One (A-1), which only allows for single-family homes and agricultural uses. A zone change is required for the proposed use. At the pre -application meeting, there was discussion surrounding the pros and cons of rezoning to a mixed use or planned development district. With the information staff currently has, a planned development is recommended. This would allow the applicants to tailor the permitted uses on the property to cater to their ideal tenant mix and to prevent retail use (which is unlikely to be supportable from a parking standpoint). The purpose of a Planned Development, as outlined in the City Code, is: "...to permit the establishment of well-designed, innovative developments which may not be feasible under a standard zone district, but which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended development character, use, operations and maintenance, while at the same time allowing flexibility and diversity. While the city council recognizes that planned developments may vary certain design and other requirements, the planned development process may not be used to circumvent the intent and spirit of the protections afforded by this chapter." The City's existing codes should be used as a starting point for this development, including for setbacks, parking, landscaping, drainage, site design, and architecture. There are two distinct steps in establishing a planned development. Step one is approval of an outline development plan (ODP) that establishes the planned development zoning designation, permitted uses, underlying development parameters, and general design concepts. Step two is approval of a specific development plan (SDP) to provide specific site plans, building elevations, and civil documents. The SDP and ODP are both approved at public hearings. The ODP and SDP can be processed together or back-to-back. The applicant has expressed a desire to process them concurrently. The review process is further described below. Another option for zone change to achieve the proposed mixed use development would be a zone change to mixed use. If that would occur, Staff would suggest is be Mixed -Use Neighborhood. While the property would qualify for Mixed Use- Commercial Interstate (MU -C 1) due to it's location, the MU -N would be more compatible with the low density residential neighborhood on the east side of Tabor Street. Subdivision The property currently consists of one lot. If the units are platted as townhomes, the City would review the subdivision. Any development with 6 or more units is processed as a major subdivision and would be reviewed by Planning Commission and City Council. If the units are platted as condominiums, the County would process the plat and the City would not be involved in the review. If the units are rented, the site is already a single lot, so no platting would be necessary. Site Design The preliminary site plan shows square-shaped units along the north and south side of the property. Staff recommends consideration of a redesign that could include longer, narrower units that are located entirely along the north side of the property. This would allow southern exposure to all units, prevent any ice/snow issues, and provide additional space for parking, drainage, and landscaping on the south side. Development Standards The City's existing codes should be used as a starting point for this development, and a follow-up meeting is encouraged to review additional design proposals as the applicant assembles their design team. Refer to the Architectural and Site Design Manual (ASDM) and/or the mixed use code as a starting point for establishing development standards for the project. The ASDM can be accessed online (http•//www.ci.wheatridge.co.us/431/Guiding-Documents) and the mixed use code is attached for reference in creating standards for the ODP. Parkland Dedication Fee Parkland dedication is required for all residential development based on the assumption that additional residents in the City will impact the demand on parks and open space. When land is not dedicated for a public park, a fee is required in lieu. This fee is $2,497.29 per unit. At this time, no land is required to be dedicated, and the parkland fee shall apply. Utility Providers The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • Arvada Fire Department, 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 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. After land use entitlements are completed, the project will require demolition and building permits, and the issuance of a Certificate of Occupancy upon completion of the project, and only after passing all of the required inspections. Public Works comments: The following items were discussed based on the applicant's proposal: Drainage Site drainage requirements are based on the area of disturbance created by the new development. Any drainage ponds on the site will be required to be located in their own tract. More information on drainage requirements can be found in the attached notes and on the City's Civil Engineering,_ Resources webpage. Full flood attenuation and water quality will be required. Right-of-way Dedication and Streetscape The width of Tabor Street in front of the property is currently substandard. Staff has reviewed the roadway classification, surrounding conditions, and future plans; and has determined that a 15 -foot right-of-way dedication will be required. This will match the ROW width on the property to the north. As a collector street, Tabor will likely be expanded in the future to accommodate a center turn lane, bike lane and detached sidewalks, somewhat similar to the improvements on Tabor north of the Frontage Road. Typically, new development is required to upgrade adjacent public infrastructure to meet current City standards. In this case, because there are not improvements along Tabor, the Public Works Department will accept fees in lieu of construction. The applicant would need to provide an engineered cost estimate for review. Review Process This request will require a zone change and subdivision. Zone Change Neighborhood Meeting The first step in the rezoning process is the pre -application meeting, which took place on February 16, 2017. The next step is to conduct a neighborhood meeting. The applicant is responsible for drafting a letter that will be delivered (via mail or hand delivery) to all property owners and current residents in a 600 -foot radius of the subject property. The letter must be approved by the Community Development department PRIOR to sending. The Community Development department can provide the applicant 5 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. Suhdivision If a townhome plat is processed, City review of the subdivision will be required. The first step in the subdivision process is a pre -application meeting. After the pre -application meeting is complete, a formal application may be submitted. Applications must be submitted by appointment with a planner. Incomplete applications will not be accepted. A subdivision involving three or fewer lot or parcels is an administrative subdivision and may be approved without public hearings. A subdivision involving 4 or 5 lots or parcels is a minor subdivision and requires one public hearing before Planning Commission. A subdivision consisting of 5 or more lots or parcels is considered a major subdivision. A major subdivision requires two public hearings, one in front of Planning Commission, and one in front of City Council. Upon submittal of a complete application, the case manager will review the application, send it 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 subdivision plat may be required as a result of these comments. The applicant must address comments and resubmit relevant documents. This process may need to occur several times. Major Assuming the plat includes 6 or more townhome lots, the plat will be reviewed as a Major Subdivision. Once all comments have been addressed to the case manager's satisfaction, the case will be scheduled for a Planning Commission hearing. Planning Commission will make a recommendation of approval, approval with conditions, or denial. This recommendation will be forwarded to City Council for final action. Each public hearing requires a mandated posting period, during which time the property will be posted with a sign, notice will be posted in the Wheat Ridge Transcript, and letters will be sent out to all property owners within 300 feet of the property. Once approved, a blackline mylar copy of the plat must be submitted to the City of Wheat Ridge in order to be recorded with Jefferson County Clerk and Recorder. The plat must be approved and recorded prior to the issuance of any building permits. Attachments: Mixed Use Code, Neighborhood Meeting Template 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 — Senior Planner 303-235-2845 Brian Tardif — Chief Building Official 303-235-2853 7 Dave Brossman — Development Review Engineer 303-235-2864 Mark Westberg — Projects Supervisor 303-235-2863 Silver DOUbles LLC February 7, 2017 City of Wheat Ridge Community Development Department 700 W 29"' Ave. Wheat Ridge. CO 80033 RE: Pre -Application Meeting — Narrative This narrative and site information is submitted as a requirement of the Pre -Application Meeting request process. The purpose in requesting the meeting is to submit a land use proposal for a property currently located 4433 Tabor St. The attached information pertains to the current property and proposed land use change. Thank you for your time and if there are questions regarding this submittal please call me at 720-620-1026. Sincerely, Brian Martin Silver Doubles LLC 11941 I-70 Frontage Rd N, Suite 200, Wheat Ridge, CO 80033 PRE -APPLICATION MEETING NARRATIVE 4433 TABOR STREET Current Property Address: 4433 Tabor Street Location: North of W 44'x' Avenue and South of the 170 Frontage Rd. Neighborhood: West side of Tabor bordering Heine`s Market on the South. a 7 unit commercial/industrial property to the North and the 1-70 F,astbound on-ramp to the West. East side of Tabor is residential. Lot size: 39,988 sq ft Zoned: Agricultural Structure: 900 sq ft ranch style house Rezoning Requested Mixed Use Commercial TOD Proposed Use A Commercial Mixed Use project. Project Concent The project is a .Live/Work concept designed to accommodate residents with 800-900 sq ft of Loft. Office and Warehouse space. 14 units are planned in a distinctive architectural design. V) N LLJZ) M Z < J N m Z 0 CL. O ad 0 W M M Z Z L D w ; U ~ rid < Z N N W O ON N z M 10 v Z U 0 0 < o > LU 5 > d Q 0 O an (A O UZ ZZ) U < Z J w UJ = O Y w Y W >_ F � F w > <a Qace0 <O o U J C N a O 0 F O F -- N m Z 0 CL. O ad 0 W M M Citz of Wheat Ridge 12/Py 2017 1;x:43 CDER ZONING REIMBURSEMENT FEES CUB0182A4 AMOUNT FM5Ti ZtiiNING REIMBURSEMENT FEE 225.00 FM')'D ZONING APPLICATION FEES 125.00 PAYMENT RICElUED AMOUNT CHECK: 271 9j0.00 TOTAL 950.00 NOTE: Land use applications ntttst be `► / submitted [3T APPOINTMENT with a Clly til planner. Incomplete applications will not heai: r%b— be accepted—relcr to submittal checklists. :��Wff LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 Applicant O Address, City, State, Zip Q AN -�4LL Owner R(?-WM K Address, City, State, Zip (Please print or type all information) / x ic��P�3 �c7� '� - 4W/Email - ���i.� �+*- ! l G• L -j , Lt- , ,-A,14 S L,i/t_a.4fL, S INN Contact P (-) NkA 42l t.1J Phone �2e -(, ZL' --I L Email lj bL,8 g I ,iy 14ouiAAi i Address, City, State, Zip j l ] (� �l �� A+p c t i � �S- i F P -J) 2'�- �=i n :? (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): `-1 �j -3 c, �- G Type of action requested (check one or more of the actions listed below which pertain to your request): ffChange of Zone or Zone Conditions O Special Use Pen -nit O Subdivision - specify type: O Planned Development (ODP, SDP) O Conditional Use Pen -nit 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 Cl Major (6 or more lots) O Variance/Waiver (from Section 26-_ O Right of Way Vacation O Other: Detailed description of request: Li -t A, -0G L O F Z u AJ+ G 7-0 ZY) IN 'L n V S L AJ2�opdJ - 1 certify that the information and exhibits herewith submit are true ar correct to the best of rnp knotit�ledge and that in filing this application, I am acting with the knowled and consen those persons listed above, without whose consent the requested action cannot lawf lli be accom led. Ap ants o. art oit,ners must submit poit,ei-of=attorneh from the owner- which approved of this ac rt on his beh JOAN METCALF NOTARY PUBLIC Notarized Signature of Applicant STATE OF COLORADO State of Colorado f ss NOTARY ID 19924016799 County of ---/ �r. Y CgAIJ§19N 521RES DECEMBER 1L20M The foregoin instrument (Land Use ProcessingApplication) was acknowledged by me this - (" d y of ?0 /2 by- I My commission expires L,1- Notaa}- tPr�Cc To be filled out t}' Fee $ I Date received { Case No. VV� – I Comp Plan Design. Receipt No. � Quaner Section Map _ Related Case No. Pre -App Mtg. Date h Case Manager Assessor's Parcel No S Current Zoning_ — Current Use Size (acres or sgft) Proposed Zoning M V. Proposed Use _ Ree 122 2010