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HomeMy WebLinkAboutWZ-17-05City of WIleat1�" COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. September 27, 2017 Shadow Homes, Inc. Attn: Katie Sorensen 5084 Gladiola Way Golden, CO 80403 Dear Mrs. Sorensen: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of August 3, 2017, Planning Commission recommended APPROVAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40"' Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. At its meeting of September 11, 2017, City Council APPROVED Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40'h Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. The approved zone change becomes effective on September 29, 2017. 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- 2852 if you have any questions. Sincerely, Zack Wallace Mendez Planner II Enclosure: Ordinance No. 1629 Planning Commission Minutes City Council Minutes cc: WZ-17-05 (case file) www.ci.wheatridge.co.us 2017093704 9/12/2017 8.32 AM PGS 3 $23.00 DP $0.00 Electronically Recorded Jefferson County, co Faye Griffin. clerk and Recorder TD1000 N CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 16 ORDINANCE NO. 1629 Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL - ONE (C-1) TO RESIDENTIAL -ONE C (RAC) (CASE NO. WZ-17- 05 / SHADOW HOMES) 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, Shadow Homes has submitted a land use application for approval of a zone change to the Residential -One C (R-1 C) zone district for property located at 6025 West 40th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which supports opportunities for home ownership and encourages investment in established neighborhoods; and, WHEREAS, the zone change will align the land use and zoning on the property and prevent commercial uses in an otherwise established residential neighborhood; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on August 3, 2017 and voted to recommend approval of rezoning the property to Residential -One C (R-1 C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Shadow Homes for approval of a zone change ordinance from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Parcel A: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69, West of the 6th P.M., described as follows: Beginning at the SE corner of the above tract, thence due North 75 feet; thence at right angles due West 297 feet; thence at right angles due South 75 feet; thence at right angles due East 297 feet to the true point of beginning; except that portion of the above property described in deed recorded in Book 830 at page 554 in the records of the office of the Clerk and Recorder of Jefferson County, County of Jefferson, State of Colorado. Parcel B: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 114 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: Beginning at a point on the North line of said tract, 297 feet West of the NE corner of said tract; thence South 180 feet to the True Point of Beginning; thence East 25 feet; thence South 75 feet; thence West 25 feet; thence North 75 feet to the true point of beginning, County of Jefferson, State of Colorado. Parcel C: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: described as follows, to wit: That portion of the Lot five beginning at a point on the North line of the above described tract, 214 feet West and 180 South of the NE corner of said above described tracts which is the true point of beginning: thence South 75 feet to a point; thence at right angles West 58 feet to a point; thence at right angles North 765 feet to a point; thence at right angles East 58 feet to the true point of beginning, 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 0 on this 14th day of August, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, September 11, 2017 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to t , this day of ,2017. SIGNED by the Mayor on this day ofAkaLkj�,2017. Joyce Jay,May r ATTEST: 1st publication: August 17, 2017 2nd publication: September 14, 2017 Wheat Ridge Transcript: Effective Date: September 29, 2017 1 7 3. 4. 5. 6. - City of ]� WheatRidge PLANNING COMMISSION Minutes of Meeting August 3, 2017 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29b Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present Commission Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Donna Kimsey Lauren Mikulak, Planning Manager Zack Wallace Mendez, Planner II Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES — June 15, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner LEO to approve the minutes of June 15, 2017, as written. Motion carried 6-0-1 with Commissioner OHM abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes August 3, 2017 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-17-05: an application filed by Shadow Homes, Inc. for approval of a zone change from Commercial -One (C-1) to Residential -Once C (R -1C) for property located at 6025 West 40'h Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner DORSEY asked if the developer is going to utilize the existing home or tear it down. Mr. Wallace Mendez state that he believes the existing home will be utilized. Commissioner VOS asked about the 105 feet total width of the minimum landscaping. Of the 100% needing to be landscaped, how deep is that and what kind of landscaping does that include. Mr. Wallace Mendez replied that the first 20 feet needs to be 100% landscaped which is the front yard setback. He also explained there is a requirement for street trees and it is 1 tree for every 70 feet. Ms. Mikulak added that the intent of the regulation is for front yards to be improved and not just dirt. Commissioner VOS also asked where the single family boundary of the property will be. Is there going to be two separate ownerships. Mr. Wallace Mendez explained the owner intends to do a minor lot subdivision if the zone change is approved. Commissioner Weaver asked if the subdivision will be administrative. Mr. Wallace Mendez said that is correct. Commissioner OHM asked about the designation of the red color in Exhibit 4. Mr. Wallace Mendez said the red color represents a main street designation. Ms. Mikulak added he is correct and the dash lines are intended to show corridors that are more commercial in nature. Planning Commission Minutes -2— August 2— August 3, 2017 Commissioner OHM also asked about the zoning map in Exhibit 3 and the use of this property being very low in intensity, but the zoning to the south is R-3. What is the maximum amount of density in the zone R-3 and how did you come to putting an R-1 C among the higher intensity zone districts. Mr. Wallace Mendez explained that R -1C would allow the owners to keep the existing home and allow them to subdivide to create and additional single-family lot. In addition, there is already an R -1C in the area just to the east. Mr. Wallace Mendez added that bulk plane regulations would apply to R -1C so there will be no towering buildings on these properties. Further, the predominant land use in the area is more in line with an R-1 C designation, rather than the R-3 designation in the area. Mr. Wallace Mendez stated many of the R-3 zoned properties are utilized by single family homes and are too small to re -develop into multi -family, additionally, there is also a provision in the code against land banking and then building multi -family residences in the R-3 zone district. Commissioner OHM asked about the applicant considering a flag lot. Mr. Wallace Mendez said that flag lots are allowed, but can be difficult with water and sewer service. The applicant does not prefer a flag lot, but we have not seen a subdivision plan yet. Ms. Mikulak added that the provision in the code states that flag lots are not encouraged, but are permitted when the most appropriate development option shall meet the criteria. Katie Sorenson, Shadow Homes, Applicant 5084 Gladiola Way, Golden 80403 Ms. Sorenson answered a few of the Commissioners previous questions and explained the garage is a far distance from the existing house, but their anticipated subdivision would ensure the setbacks for both lots would be met. Concerning a flag lot, we agreed with Staff, that a flag lot is unnecessary. Once a survey was done she concluded a subdivision can be done to make the lots equal parts. She gave a little history about Shadow Homes and said community is important and they want to support growth and affordability. Commissioner VOS asked about the existing house and if the renters will have to leave. Ms. Sorenson stated the tenants have a lease until July of 2018 and we will decide then on how to move forward, but we do intend to leave the house there and some improvements have already been done. After the lot is subdivided the other half will be sold to a developer that they know very well and does good work and we will carry their vision through. Planning Commission Minutes -3— August 3— August 3, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to APPROVE Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) for property located at 6025 S. 40th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Commissioner BUCKNAM added that this is a good first step to do what Shadow Homes envisions. He wants staff to take a broader look at the mix of residential and commercial uses in the area and would like to see the zoning conform to the existing uses as well as to the vision of the Comprehensive Plan. Motion carried 7-0 8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner LEO to adjourn the meeting at 7:29p.m. Motion carried 7-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes August 3, 2017 -4— "(�FO�4�1�J-1 IT1��1L�',11I1�lI!�T�Er-�J � - . . •- • be September 11. 2017 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Janeece Hoppe Tim Fitzgerald Genevieve Wooden Members Absent: Kristi Davis (excused), George Pond (excused), Larry Mathews (excused) Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; other staff, guests and interested citizens. APPROVAL OF Council Study Notes of August 21, 2017 There being no objections, the minutes of August 21, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES CITIZENS RIGHT TO SPEAK Dorothy Archer (WR) repeated her concern about 35 ft flat roofed houses that are allowed in residential zones — excluding R1 -C and R-3. She understands Mr. Pond sets the dates for the study session items. She and many others believe this is a matter of great concern. All Wheat Ridge homeowners should be aware of this issue. She recalled the great citizen response when the City had an article on ADU's in the Gazette. This is just as important, if not more so. She suspects 80% of WR home owners have no idea about this 35 ft allowance with a building built five feet from their property line with bulk plane incorporation. She would like to see a model of the changes awarded to R1 -C and R-3 zones made available to citizens. Setting this for a study session and letting homeowners know the contents is vitally important to those who desire to keep our sought-after community that offers affordable housing and gracious, friendly neighborhoods. Please consider this. APPROVAL OF AGENDA City Council Minutes September 11, 2017 1. CONSENT AGENDA Page 2 a) Resolution 33-2017 —A resolution approving the second amended and restated Intergovernmental Agreement between the Juvenile Assessment Center and the City of Wheat Ridge to provide screening, assessment and services to juveniles Since 2000 the Wheat Ridge Police Department has been operating under an Intergovernmental Agreement (IGA) with the Juvenile Assessment Center (JAC) to provide screening, assessment, and services to juveniles in the criminal justice system, and to provide services to juvenile runaways and other at -risk youth. Partners in the IGA include the District Attorney's Office, the Sheriffs Office, the cities of Golden, Lakewood, Arvada, Edgewater, and Westminster, R-1 Schools, and Jefferson County Human Services. The proposed new IGA includes the Jefferson Center for Mental Health. No changes to the funding formula are proposed. Councilmember Fitzgerald introduced the Consent agenda. Motion by Councilmember Fitzgerald to approve Resolution No. 33-2017, a resolution approving a second amended and restated intergovernmental agreement between the Juvenile Assessment Center and the City of Wheat Ridge to provide screening, assessment and services to juveniles; seconded by Councilmember Wooden. Councilmember Urban noted the agreement goes to July 31, 2049 and asked Mr. Dahl why it goes so far into the future. No staff members could tell why. Mr. Dahl agreed there is no multi-year fiscal obligation and noted the termination provision. Motion carried 5-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 16-2017 —An Ordinance approving the rezoning of property located at 6025 West 40tt' Avenue from Commercial -One (C-1) to Residential -One C (R-1 C) (Case No. WZ-17-05/Shadow Homes) The purpose of the rezoning is to bring the property into compliance as a residence. It will also allow staff review and approval for a subdivision and construction of a second home. Councilmember Urban introduced Council Bill 16-2017. Clerk Shaver assigned Ordinance 1629. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation Zach Wallace Mendez, City Planner, entered into the record the case file, the zoning ordinance, the comprehensive plan and contents of the digital presentation. He testified that all posting requirements had been met. Additional testimony included: City Council Minutes September 11, 2017 Page 3 • The property is on the north side of 401h Avenue just west of Harlan Street. It currently has a single family house, a detached garage and a shed. • It is currently zoned commercial, but it surrounded by residential properties. • Adjacent residential properties are zoned R-3, R-2, R-1 C and C-1 (commercial) as indicated on the Zoning Map. • The area has some other properties where the actual land use doesn't match the underlying zoning. • The proposed R1 -C is consistent with the Comprehensive Plan. • A neighborhood meeting was held in May. Six neighbors attended and were mostly curious about what was happening. Upon finding out the maximum would be two houses, fears were assuaged and neighbors were generally supportive. • No utility agencies have concerns about the ability to serve the property. • Planning Commission and staff both recommend approval. Council questions Applicant Katie Sorrenson (Golden) introduced herself and was available for questions from Council. There were none. Public comment Larry Meyer (WR), an immediate neighbor of the subject property, thinks putting a house in the back of the lot is not wise; it is too crowded. He noted the property is not kept up well. Mayor Jay closed the public hearing. Mr. Dahl advised the Mayor that a rezoning requires a positive vote of a majority of the entire Council i.e. 5 votes. Motion by Councilmember Urban to approve Council Bill 16-2017, an ordinance approving the rezoning of property located at 6025 West 40th Avenue from Commercial - One (C-1) to Residential -One C (R -11C) on second reading and that it take effect fifteen days after final publication for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4_ The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria use to evaluate a zone change support he request. seconded by Councilmember Fitzgerald. Councilmember Urban had several questions related to the neighbors' issue of crowding. • Mr. Mendez testified if the lot was subdivided it would meet the minimum lot requirements for R-1 C, and if they subdivided down the middle of the property it would meet the minimum for side yard requirements. City Council Minutes September 11, 2017 Page 4 • Nothing in the rezoning applies to subdivision. • A two -lot subdivision would only require administrative review. • What requirements are in the administrative review process to notify the neighbors? None. People can call in and ask how the process is going. • Yes, the applicant has already submitted a subdivision application. • Regarding protection for the neighbors: The side yard setbacks are 5 ft with bulk plane standards; front yard setbacks are 25 ft; rear setbacks are 10 ft. Councilmember Urban asked if the bulk plane regulations and setback requirements will avoid the crowding issues of the neighbors. Mr. Mendez said he believed so. The applicant was asked to address this and the Mayor reopened the hearing. Ms. Sorrenson stated she believes the neighbors will be happy with their vision for the property. Shadow Homes is a small town developer; they were bom and raised here. They feel strongly about keeping the area in good value and appearance. She explained the proposed layout with the lot line to be 5 ft west of the garage; the existing house will have the same street frontage, and the new lot would be similar. Only one single-family house is planned at this time; it will be consistent with what's in the neighborhood now — definitely not three stories, maybe a bungalow. Councilmember Wooden asked for clarification about the shapes of the proposed lots. Ms. Sorrenson testified that the two lots would be similar in size. Mayor Jay closed the public hearing. Councilmember Fitzgerald commented he believes the existing zoning (Commercial -1) would allow five stories with no bulk plane regulations. He thinks this is an improvement for the neighbors' concerns. The motion carried 5-0. DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution 31-2017 — a resolution amending the Fiscal Year 2017 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $120,000 for the purpose of replacing 30 pedestrian lights on 38th Avenue between Harlan Street and Sheridan Boulevard There are 72 decorative pedestrian lights on 38th Ave from Sheridan to Wadsworth. In the May 2017 hailstorm 42 light fixtures were damaged beyond repair. This will be covered by insurance. The remaining 30 lights are operable, but fixtures that match them are no longer available. The Council directed staff to replace all 72 lights with the City's standard LED ornamental fixtures. The estimated cost of the fixtures not covered by insurance is $97,020, plus the cost of some hardware for retrofitting at the foundations. Installation will be performed in house. The Urban Renewal Authority (URA) has authorized payment of the $120,000 from their funds. Councilmember Duran introduced Item 3. 1S AYtlE/ W -1G�NVaNtlH- i cn N n ' W E Ov N to vv (U U O 0 N v Q a) /0 L y_O O V (6 i D C N CL 9 E Lr) LnO o v Of c r,4 O 0 0 cr a) cr N U 1S AYtlE/ W -1G�NVaNtlH- i c o ƒ = r ID = 4-J 4- V) 0 $ \ E / CL / 7 $ \ = 0 E u Ln s m « E ® 0 ° § \ 7 \ \ / \ / \ / 7 2 f \ \ 7= e u k a .I \ \ \ � / 2 O \ E ® \ 0 \ 2 CJ \ ƒ t E CL E \ \ § o a o c rj Q) Q)\ u % _ _ E± E\\ 3 Z a y 3 � � $ U 0 � � 2 rl4 k k Qj \ § t / \ � ® 0 0 \ \ \ ® u £_ u 2 u c g 5 = o a = m I m b z c= ƒ - I / U"J'16. M l i J h) ;7;1d7) a 1- City of ��_ D Wheat Midge A q n (r� 44 w5 11 G_ V ISS PjV%J ITEM NO: I DATE: September 11, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2017 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL -ONE (C-1) TO RESIDENTIAL -ONE C (R -1C) (CASE NO. WZ-17-05/SHADOW HOMES) ® PUBLIC HEARING ❑ ORDINANCES FOR IIT READING (8/14/2017) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (9/11/2017) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO P_'.L_4 V ki � LUUMI & Community Deve#opment Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial -One (C-1) to Residential - One C (R -1C) for property located at 6025 W. 40th Avenue. The proposed rezoning area includes two parcels, with a total size of approximately one-third of an acre. The purpose of the zone change is to bring the property, and its historical use as a residence, into compliance with the zoning regulations. The zone change will also allow for the future construction of an additional home, pending approval of this zone change and an administrative subdivision review. PRIOR ACTION: Planning Commission heard the request at a public hearing on August 3, 2017, and recommended approval. The staff report and draft meeting minutes from the Planning Commission hearing are attached. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees of $865.25 were collected for the review and processing of Case No. WZ-17-05. Council Action Form — Shadow Homes Rezoning September 11, 2017 Page 2 BACKGROUND: The property is located at 6025 W. 40'' Avenue, just west of Harlan Street, in the northeast quadrant of the City. The property is currently zoned Commercial -One (C-1) which allows a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The primary structure on the property was built in 1942 and has served as a residence as far back as City records indicate. Many other properties in the area are zoned commercially, but utilized residentially. These properties were built primarily during two time periods: late 1890s thru early 1900s and the early 1950s. Both periods are prior to the incorporation of the City of Wheat Ridge, and one is prior to the adoption of the original zoning code by Jefferson County in 1941. The inconsistent zoning is also found in the reverse; a commercial use in the same area is zoned residential, and was constructed in 1943. This pattern demonstrates the disconnect between land use and zoning that has existed in this isolated part of the City for decades. Surrounding Land Uses The subject property is zoned Commercial -One (C-1), and surrounding properties, have a mix of commercial and residential zoning, although predominately residential. To the south and east, is a large area of Residential -Three (R-3) zoned properties, consisting of single-family, duplex, and multi -family development. The neighboring property to the east is currently vacant and zoned Residential -One C (R -1C), the same zone district proposed for the subject property. To the west, the neighboring property is a single family home zoned C-1, and further west is an area of Residential -Two (R-2) zoned properties. To the north are more C-1 zoned properties, which are largely utilized for single-family, duplex, and multi -family uses. Current and Proposed Zoning The proposed zone district, R-1 C, is a small -lot, single-family residential zone district. Other limited uses, such as schools, churches, government buildings, and group homes, are permitted with a Special Use Permit but would require a lot size far larger than the subject parcel. The current zoning, C-1, allows for a wide range of commercial uses, such as offices, general business, retail sales, auto service and other service establishments which are oriented towards the community or entire region. A zone change from C-1 to R -1C will bring the property into conformance with its historic and continued use as a residential property. It should be noted that in the C-1 zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. The rezoning would allow an additional single-family home to be built, if the zone change is approved by City Council and if an administrative subdivision is approved. The zone change will also provide assurances that the property will not be scraped for a commercial use, as is currently allowed under the C-1 zoning. Council Action Form — Shadow Homes Rezoning September 1 l , 2017 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2017 an ordinance approving the rezoning of property located at 6025 West 40'' Avenue from Commercial -One (C-1) to Residential -One C (R -1C) on second reading and that it take effect 15 days after final publication for the following reasons: 1. City Council has conducted a property public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning was reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws." a "I move to deny Council Bill No. 16-2017 an ordinance approving the rezoning of property located at 6025 W. 40' Avenue from Commercial -One (C-1) to Residential -One C (R -1C), on second reading for the following reasons: REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2017 2. Planning Commission staff report with attachments 3. Planning Commission draft hearing minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 16 ORDINANCE NO. Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL - ONE (C-1) TO RESIDENTIAL -ONE C (R -1C) (CASE NO. WZ-17- 05 / SHADOW HOMES) 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, Shadow Homes has submitted a land use application for approval of a zone change to the Residential -One C (R-1 C) zone district for property located at 6025 West 40th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which supports opportunities for home ownership and encourages investment in established neighborhoods; and, WHEREAS, the zone change will align the land use and zoning on the property and prevent commercial uses in an otherwise established residential neighborhood; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on August 3, 2017 and voted to recommend approval of rezoning the property to Residential -One C (R -1C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Shadow Homes for approval of a zone change ordinance from Commercial -One (C-1) to Residential -One C (R-1 C) for property located at 6025 W. 40th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: 195=2II�i That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69, West of the 6th P.M., described as follows: Beginning at the SE corner of the above tract, thence due North 75 feet; thence at right angles due West 297 feet; thence at right angles due South 75 feet; thence at right angles due East 297 feet to the true point of beginning; except that portion of the above property described in deed recorded in Book 830 at page 554 in the records of the office of the Clerk and Recorder of Jefferson County, County of Jefferson, State of Colorado. Attaclunent I Parcel B: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: Beginning at a point on the North line of said tract, 297 feet West of the NE corner of said tract; thence South 180 feet to the True Point of Beginning; thence East 25 feet; thence South 75 feet; thence West 25 feet; thence North 75 feet to the true point of beginning, County of Jefferson, State of Colorado. Parcel C: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: described as follows, to wit: That portion of the Lot five beginning at a point on the North line of the above described tract, 214 feet West and 180 South of the NE corner of said above described tracts which is the true point of beginning: thence South 75 feet to a point; thence at right angles West 58 feet to a point; thence at right angles North 765 feet to a point; thence at right angles East 58 feet to the true point of beginning, 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 0 on this 14th day of August, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, September 11, 2017 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2017. SIGNED by the Mayor on this day of 2017. Joyce Jay, Mayor /0110KIIIrl Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: August 17, 2017 2nd publication: Wheat Ridge Transcript: Effective Date: F; City of �WheatRj,0ge C(OMMIUNtTy DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Zack Wallace Mendez DATE OF MEETING: August 3, 2017 CASE NO. & NAME: WZ-17-05 / Shadow Homes ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Residential -One C (R-1 C) LOCATION OF REQUEST: 6025 W. 40"' Avenue PROPERTY OWNER: Shadow Homes, Inc. APPROXIMATE AREA: 0.322 acres (14,026 square feet) PRESENT ZONING: Commercial -One (C-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP Attachment 2 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. L REQUEST The owners of 6025 W. 401h Avenue have submitted this application requesting approval of a zone change from Commercial -One (C-1) to Residential -One C (R-1 C) on the property. The zone change is the first step of the process for approval for the property to be utilized for two single-family homes. The applicant intends to submit a request for a two -lot subdivision on this property. The goal of the zone change is to bring the lot into conformance with its historic use as a residential property, and to allow for the construction of an additional single-family home (Exhibit 1, Applicant Letter). The future subdivision, if approved, will allow for the construction of an additional single-family home on its own parcel. The subdivision has not yet been applied for, but does not require any public hearings. The plat would be reviewed by Staff, and would be required to meet the lot width and lot size requirements of the R-1 C zone district, if this rezoning ordinance is approved by City Council. Specific development standards, such as setbacks, lot coverage, and compliance with the bulk plane standards would be reviewed during the building permit process, during which time the structures would also be reviewed to ensure compliance with the existing building codes. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 6025 W. 401h Avenue. The property is approximately 0.322 acres in size and located along 40th Avenue just west of Harlan Street (Exhibit 2, Aerial Photo). Currently the property contains one primary residential structure that has a footprint of approximately 525 square feet, and was originally built in 1942 according to Jefferson County Assessor Records. There are also two accessory structures present on the property, one is a detached one -car garage, the other a shed. The site is zoned Commercial -One (C-1), and surrounding properties, though predominately residential have a mix of commercial and residential zoning. To the south and east, is a large area of Residential -Three (R-3) zoned properties, consisting of single-family, duplex, and multi- family development. The neighboring property to the east is currently vacant and zoned Residential -One C (R-1 C). To the west, the neighboring property is a single family home on C-1 zoned land, and further west is an area of Residential -Two zoned properties. To the north are more C-1 zoned properties which are largely utilized for single-family, duplex, and multi -family uses (Exhibit 3, Zoning Map). III. PROPOSED ZONING The applicants are requesting the property be rezoned to Residential -One C (R-1 C), a zone district intended to provide high quality, safe, quiet and stable medium -density single-family residential neighborhoods. In addition to small lot single-family homes, the zone district permits Planning Commission 2 WZ-17-05 / Shadow Homes churches, schools, government buildings, and group homes. Most uses other than single-family homes require special use permits and/or larger lot sizes. The property is currently zoned Commercial -One (C-1). This zone district was established to accommodate a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The applicants are requesting the zone change to R -1C so they can bring the property into conformance with its historic use, and to subdivide the property and build an additional single- family home. While many surrounding properties are zoned commercially, they are also used residentially. The R-1 C zoning is more in line with the actual development pattern in the neighborhood. R -1C will restrict the lot to only single-family homes, which will be subject to the City's bulk plane standards. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission 3 WZ-17-05 / Shadow Homes CURRENT ZONING PROPOSED ZONING Commercial -One C-1 Residential -One C (R -1C) Allows a wide range of commercial Allows for single-family homes. Also uses including office, general allows for churches, schools, and Uses business, retail sales, and service government buildings with special use establishments permits and/or larger lot sizes. Traditional Overlay ASDM Architectural standards apply, including high quality architecture: standards related None Standards to articulation, variation, materials, transparency Max. Building 50' 35' plus bulk plane regulations Height Max. Lot coverage 80% 40% Min. Landscaping 20% 25% of lot and 100% of front yard Build -to Area 0-12' along front property line None Setbacks Front 50' 20' Side 0' if nonflammable or 5' per story 5' Rear 10' plus 5' per story 55 IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission 3 WZ-17-05 / Shadow Homes The change of zone will not result in adverse effects on the surrounding area. The rezoning would eliminate the possibility of commercial development on the property and limit the property to a single-family use. Minimum lot sizes in the R -1C zone district limit this parcel to a maximum of 2 potential single-family homes, once a subdivision of the land is complete. The R -1C zoning is expected to add value to the subject property and also to the surrounding community. A residential designation will support compatibility between future redevelopment and existing land uses. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any future construction on the property, and fire and building codes are required to be met. 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. Envision Wheat Ridge, the City's comprehensive plan, identifies this area as a Neighborhood (Exhibit 4, Comprehensive Plan Map). This designation identifies areas where people own homes and thrive and where residents of all ages can live safely and comfortably. Defining characteristics of an established neighborhood in the comprehensive plan are: consistent character, mature landscaping, high rates of reinvestment and home ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in a property, maintaining consistent character, and creating opportunities for home ownership. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Planning Commission 4 WZ-17-05 / Shadow Homes Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to R-1 C neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on May 30, 2017. Five people from the neighborhood attended the meeting. In general, attendees supported the request. Some concerns were raised and those are expressed in the meeting summary (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No objection. Wheat Ridge Sanitation District: No objection. West Metro Fire Protection District: No objection. Xcel Energy: No objection. Century Link: No objection. Planning Commission WZ-17-05 / Shadow Homes VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-17-05. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request." Option B• "I move to recommend DENIAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40th Avenue, for the following reasons: 2. » Planning Commission 6 WZ-17-05 / Shadow Homes EXHIBIT 1: APPLICANT LETTER [see attached] Planning Commission WZ-17-05 / Shadow Homes Applicant Letter June 13, 2017 Community Development Department; City of Wheat Ridge 7500 W 29 Ave Wheat Ridge, CO Re: Zone change and 2 lot administrative subdivision at 6025 W. 40th Ave. Shadow Homes, Inc. is proposing a zone change to 6025 W 40th Ave. The current zoning on the property is C1. We are requesting the zoning be changed to R1 -C. The existing zoning for the property is a commercial zoning, amidst a residential area. We are proposing a zoning change to R1 -C to make zoning consistent with neighborhood use and surrounding zoning. This will support the neighborhood by ensuring continued, consistent residential use; as opposed to commercial use. This will maintain the feel and peace in the neighborhood. After rezoning to R1 -C, we will request administrative subdivision to make two total lots from the current one lot. On the proposed new residential lot, we intend to pursue permitting of an additional single-family craftsman type bungalow, which is consistent with the surrounding architecture. There is a pressing need for median priced single-family homes in the area. Rezoning and subdividing, will allow a wonderful home for a family, which keeps them in Wheat Ridge to support public works and endeavors. The proposed zoning change and subsequent subdivision would have very minimal effect on infrastructure needs, including police, water, fire, schools, parks, etc, as the area is already set up for residential use and the density will remain low, by only adding one single family home. The residential home will support taxes and the development will bring in additional city revenue via permit fees, taps, and other development related costs. Furthermore, it will support a healthy economic market in the area by adding jobs. From our initial neighborhood meeting, we feel the surrounding residents are in support of our proposal. We are hopeful that city leaders will also see the benefits and sensibility of this proposal. Thank you for your consideration. Sincerely, Katie and Dan Sorensen Shadow Homes, Inc. PO Box 17694 Golden, CO 80401 Info@shadowhonws.com Planning Commission WZ-17-05 / Shadow Homes EXHIBIT 2: AERIAL RAW W heat �dge Geographic ` Information Systems 41ST qy� Legend Subject Property ir Ryc.+ oo .¢IT J! r 1'1 �- � � 1 py 4 ► .. .. T� � _ ,MhA _ 1 t y { 40TH, E - - - `J ✓ AIR; � +, Slate Plena Coordenle Projection N CobradoCent.' Zone /, Datum: NAD83 N Planning Commission 9 WZ-17-05 / Shadow Homes EXHIBIT 3: ZONING MAP Rr N Citv of WheatRZ e C 'b do Cental Zona Geographic OeNm. NADB3 Information Systems.` Legend Subject Property Displayed Zone Districts • (n�5 Residential -One C (R -1C) Residential -Two (R-2) Residential -Three (R-3) Commercial -One (C-1) 41ST -AVE__ y .. .(' A -- -40TH AVE' "-- y---.. 39TH PL --�` Ak 3i R{ -39TH AVE -- ft IF - 41 f ' Planning Commission WZ-17-05 / Shadow Homes I Y r i 4,. I 10 N Slate PI.- C—dnate Projection C 'b do Cental Zona OeNm. NADB3 10 EXHIBIT 4: COMPREHENSIVE PLAN Neighborhoods Subject Property Planning Commission 11 WZ-17-05 / Shadow Homes EXHIBIT 5: SITE PHOTOS View of the subject property northeast from 40' Avenue. The existing structure and detached garage can be seen in the photo. The vacant grassy area is part of the subject parcel. Planning Commission 12 WZ-17-05 / Shadow Homes v View of the subject property from 40' Avenue. Residential structure is located to the right of the photo, detached garage to the left. The shed is located behind the wall between the house and garage. View of Harlan Street from 40' Avenue, just east of the subject property. The red brick apartment building, and white home in the background are some of the many residential structures in the area (in addition to the subject property) that are zoned commercially. Planning Commission 13 WZ-17-05 / Shadow Homes EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: May 30, 2017 Attending Staff: Zack Wallace Mendez, Planner II Location of Meeting: Wheat Ridge Municipal Center Property Address: 6025 W. 40a' Avenue Property Owner(s): Shadow Homes, Inc. Property Owner(s) Present? Yes Applicant: Katie Sorensen, President of Shadow Homes Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Existing Site Conditions: The property is located on W. 40th Avenue two lots to the west of Harlan Street. It is currently zoned Commercial -One (C-1). A small home built in 1952 and a small garage currently exist on the site. The home and garage have a total footprint of 811 square feet, sitting on a 7,797 square foot lot. A vacant parcel behind the main lot adds 6,229 square feet, totaling 14,026 square feet. The surrounding properties to the west, north, and northeast are also residential in nature despite being zoned C-1, and range from single-family to multifamily. Properties further to the west on 40a' Avenue are zoned Residential -Two (R-2) and the two vacant lots to the east are zoned Residential -One C (R -1C), which allows small -lot single family homes. Properties across 400' Avenue from the site are also zoned R-3, but abut 39h Place, creating a condition where the rear yards of these homes abut 40a' Avenue. One gravel driveway provides access from 40a' Avenue; no curb, gutter, or sidewalk are present along the street frontage. Applicant/Owner Preliminary Proposal: The applicant has proposed a zone change to allow for an additional unit on the site. The applicant proposed a rezone to either Residential -One C (R -1C) or Residential -Two A (R -2A), but concluded that R -1C was more appropriate following comments from staff. The applicant favored the option of two single-family homes on the site over adding a duplex. Planning Commission 14 WZ-17-05 / Shadow Homes The applicant is considering preserving the existing home but expanding the garage, and constructing a new home on the west side of the property. A flag lot was also considered, which would place the new construction in the rear of the site with a long driveway. The applicant more closely considered the option that would divide the site into two narrow lots, with a new home on the empty west lot. Home construction options in a traditional, farmhouse style were presented. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, six members of the public were in attendance. • Staff discussed the site, its current zoning, and the proposed R-1 C zone district development standards. • The applicant and members of the public were informed of the process for the rezoning. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the rezoning request and proposed development: • Concerns about setbacks and density, especially the potential for slot homes (e.g. up to fourteen residences). The applicant responded that their intention is to keep the existing single family home and build one additional single family home. Staff also added that the requested R -I C zoning is a single-family only residential district that requires a minimum of 5, 000 square feet of land area. The maximum number of houses that could go on this existing piece of land with the R-1 C zoning is two. Additionally the R-1 C zone district requires a minimum 5 foot rear and side yard setback, and the bulk plane standards also apply. • What is the timeline? If approved, the applicant stated they intend to break ground next spring or summer. This also depends on if they sell off the plans after the rezoning and subdivision. • So if you sell it, then what you are showing may not be built? The applicant stated they would get the plans approved through the building department and sell it that way, so what they are showing as concepts will be very similar to what is built. Aside from the four neighbors at the meeting, staff received no comment from others in the area regarding the proposal. Planning Commission 15 WZ-17-05 / Shadow Homes Vic,, a) W c r` -a 4 r- O 40 0 N .c IM �t W N 2,43 tp O m � c V a+ O c Iii 0 E M z Is: J v AV N` z 3 s LC w �A O � o Q Q / LU � g O 0 E M z Is: J v 3 s LC T �A O � o 1: N C'7 4 In CO Planning Commission 16 WZ-17-05 / Shadow Homes 1. 2. 3. 4. 6M 6. City of ]��Wh6atRiAe PLANNING COMMISSION Minutes of Meeting August 3, 2017 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Dirk Boden Alan Bucknam Emery Dorsey Janet Leo Scott Ohm Amanda Weaver Vivian Vos Donna Kimsey Lauren Mikulak, Planning Manager Zack Wallace Mendez, Planner II Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES — June 15, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner LEO to approve the minutes of June 15, 2017, as written. Motion carried 6-0-1 with Commissioner OHM abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes August 3, 2017 Attachment 3 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-17-05: an application filed by Shadow Homes, Inc. for approval of a zone change from Commercial -One (C-1) to Residential -Once C (R-1 C) for property located at 6025 West 40 Avenue. Mr. Wallace Mendez gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner DORSEY asked if the developer is going to utilize the existing home or tear it down. Mr. Wallace Mendez state that he believes the existing home will be utilized. Commissioner VOS asked about the 105 feet total width of the minimum landscaping. Of the 100% needing to be landscaped, how deep is that and what kind of landscaping does that include. Mr. Wallace Mendez replied that the first 20 feet needs to be 100% landscaped which is the front yard setback. He also explained there is a requirement for street trees and it is 1 tree for every 70 feet. Ms. Mikulak added that the intent of the regulation is for front yards to be improved and not just dirt. Commissioner VOS also asked where the single family boundary of the property will be. Is there going to be two separate ownerships. Mr. Wallace Mendez explained the owner intends to do a minor lot subdivision if the zone change is approved. Commissioner Weaver asked if the subdivision will be administrative. Mr. Wallace Mendez said that is correct. Commissioner OHM asked about the designation of the red color in Exhibit 4. Mr. Wallace Mendez said the red color represents a main street designation. Ms. Mikulak added he is correct and the dash lines are intended to show corridors that are more commercial in nature. Planning Commission Minutes -2— August 2— August 3, 2017 Commissioner OHM also asked about the zoning map in Exhibit 3 and the use of this property being very low in intensity, but the zoning to the south is R-3. What is the maximum amount of density in the zone R-3 and how did you come to putting an R -1C among the higher intensity zone districts. Mr. Wallace Mendez explained that R -1C would allow the owners to keep the existing home and allow them to subdivide to create and additional single-family lot. In addition, there is already an R -1C in the area just to the east. Mr. Wallace Mendez added that bulk plane regulations would apply to R -1C so there will be no towering buildings on these properties. Further, the predominant land use in the area is more in line with an R-1 C designation, rather than the R-3 designation in the area. Mr. Wallace Mendez stated many of the R-3 zoned properties are utilized by single family homes and are too small to re -develop into multi -family, additionally, there is also a provision in the code against land banking and then building multi -family residences in the R-3 zone district. Commissioner OHM asked about the applicant considering a flag lot. Mr. Wallace Mendez said that flag lots are allowed, but can be difficult with water and sewer service. The applicant does not prefer a flag lot, but we have not seen a subdivision plan yet. Ms. Mikulak added that the provision in the code states that flag lots are not encouraged, but are permitted when the most appropriate development option shall meet the criteria. Katie Sorenson, Shadow Homes, Applicant 5084 Gladiola Way, Golden 80403 Ms. Sorenson answered a few of the Commissioners previous questions and explained the garage is a far distance from the existing house, but their anticipated subdivision would ensure the setbacks for both lots would be met. Concerning a flag lot, we agreed with Staff, that a flag lot is unnecessary. Once a survey was done she concluded a subdivision can be done to make the lots equal parts. She gave a little history about Shadow Homes and said community is important and they want to support growth and affordability. Commissioner VOS asked about the existing house and if the renters will have to leave. Ms. Sorenson stated the tenants have a lease until July of 2018 and we will decide then on how to move forward, but we do intend to leave the house there and some improvements have already been done. After the lot is subdivided the other half will be sold to a developer that they know very well and does good work and we will carry their vision through. Planning Commission Minutes -3— August 3— August 3, 2017 It was moved by Commissioner BUCKNAM and seconded by Commissioner WEAVER to APPROVE Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) for property located at 6025 S. 4011 Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Commissioner BUCKNAM added that this is a good first step to do what Shadow Homes envisions. He wants staff to take a broader look at the mix of residential and commercial uses in the area and would like to see the zoning conform to the existing uses as well as to the vision of the Comprehensive Plan. Motion carried 7-0 8. OTHER ITEMS 9. ADJOURNMENT It was moved by Commissioner DORSEY and seconded by Commissioner LEO to adjourn the meeting at 7:29p.m. Motion carried 7-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes -4— August 4— August 3, 2017 City of Wheatdge r /y ITEM NO: /1 DATE: August 14, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2017 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL -ONE (C-1) TO RESIDENTIAL -ONE C (R -1C) (CASE NO. WZ-17-05/SHADOW HOMES) ❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (8/14/2017) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (9/11/2017) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO " F I Lwum&K Community Deve#opment Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial -One (C-1) to Residential - One C (R -1C) for property located at 6025 W. 40`x' Avenue. The proposed rezoning area includes two parcels, with a total size of approximately one-third of an acre. The purpose of the zone change is to bring the property, and its historical use as a residence, into compliance with the zoning regulations. The zone change will also allow for the future construction of an additional home, pending approval of this zone change and an administrative subdivision review. PRIOR ACTION: Planning Commission heard the request at a public hearing on August 3, 2017, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees of $865.25 were collected for the review and processing of Case No. WZ-17-05. Council Action Form — Shadow Homes Rezoning August 14, 2017 Page 2 BACKGROUND: The property is located at 6025 W. 40a' Avenue, just west of Harlan Street, in the northeast quadrant of the City. The property is currently zoned Commercial -One (C-1) which allows a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The primary structure on the property was built in 1942 and has served as a residence as far back as City records indicate. Many other properties in the area are zoned commercially, but utilized residentially. These properties were built primarily during two time periods: late 1890s thru early 1900s and the early 1950s. Both periods are prior to the incorporation of the City of Wheat Ridge, and one is prior to the adoption of the original zoning code by Jefferson County in 1941. The inconsistent zoning is also found in the reverse; a commercial use in the same area is zoned residential, and was constructed in 1943. This pattern demonstrates the disconnect between land use and zoning that has existed in this isolated part of the City for decades. Surrounding Land Uses The subject property is zoned Commercial -One (C-1), and surrounding properties, have a mix of commercial and residential zoning, although predominately residential. To the south and east, is a large area of Residential -Three (R-3) zoned properties, consisting of single-family, duplex, and multi -family development. The neighboring property to the east is currently vacant and zoned Residential -One C (R-1 C), the same zone district proposed for the subject property. To the west, the neighboring property is a single family home zoned C-1, and further west is an area of Residential -Two (R-2) zoned properties. To the north are more C-1 zoned properties, which are largely utilized for single-family, duplex, and multi -family uses. Current and Proposed Zoning The proposed zone district, R -1C, is a small -lot, single-family residential zone district. Other limited uses, such as schools, churches, government buildings, and group homes, are permitted with a Special Use Permit but would require a lot size far larger than the subject parcel. The current zoning, C-1, allows for a wide range of commercial uses, such as offices, general business, retail sales, auto service and other service establishments which are oriented towards the community or entire region. A zone change from C-1 to R -1C will bring the property into conformance with its historic and continued use as a residential property. It should be noted that in the C-1 zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. The rezoning would allow an additional single-family home to be built, if the zone change is approved by City Council and if an administrative subdivision is approved. The zone change will also provide assurances that the property will not be scraped for a commercial use, as is currently allowed under the C-1 zoning. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2017 an ordinance approving the rezoning of property located at 6025 West 40'h Avenue from Commercial -One (C-1) to Residential -One C (R -1C) on Council Action Form — Shadow Homes Rezoning August 14, 2017 Page 3 first reading, order it published, public hearing set for Monday, September 11, 2017, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Zack Wallace, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2017 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 16 ORDINANCE NO. Series of 2017 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6025 WEST 40TH AVENUE FROM COMMERCIAL - ONE (C-1) TO RESIDENTIAL -ONE C (RAC) (CASE NO. WZ-17- 05 / SHADOW HOMES) 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, Shadow Homes has submitted a land use application for approval of a zone change to the Residential -One C (R -1C) zone district for property located at 6025 West 40th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which supports opportunities for home ownership and encourages investment in established neighborhoods; and, WHEREAS, the zone change will align the land use and zoning on the property and prevent commercial uses in an otherwise established residential neighborhood; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on August 3, 2017 and voted to recommend approval of rezoning the property to Residential -One C (R-1 C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Shadow Homes for approval of a zone change ordinance from Commercial -One (C-1) to Residential -One C (R-1 C) for property located at 6025 W. 40th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Parcel A: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69, West of the 6th P.M., described as follows: Beginning at the SE corner of the above tract, thence due North 75 feet; thence at right angles due West 297 feet; thence at right angles due South 75 feet; thence at right angles due East 297 feet to the true point of beginning; except that portion of the above property described in deed recorded in Book 830 at ATTACHMENT 1 page 554 in the records of the office of the Clerk and Recorder of Jefferson County, County of Jefferson, State of Colorado. Parcel B: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: Beginning at a point on the North line of said tract, 297 feet West of the NE corner of said tract; thence South 180 feet to the True Point of Beginning; thence East 25 feet; thence South 75 feet; thence West 25 feet; thence North 75 feet to the true point of beginning, County of Jefferson, State of Colorado. Parcel C: That part of the North 1/2 of the NE 1/4 of the S 1/4 of the SW 1/4 of Section 24, Township 3, Range 69, West of the 6th P.M., described as follows: described as follows, to wit: That portion of the Lot five beginning at a point on the North line of the above described tract, 214 feet West and 180 South of the NE corner of said above described tracts which is the true point of beginning: thence South 75 feet to a point; thence at right angles West 58 feet to a point; thence at right angles North 765 feet to a point; thence at right angles East 58 feet to the true point of beginning, 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 14th day of August, 2017, ordered it published with Public Hearing and consideration on final passage set for Monday, September 11, 2017 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. Attachment I READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2017. SIGNED by the Mayor on this day of 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 15' publication: 2nd publication: Wheat Ridge Transcript: Effective Date: CL m Y U_ I € t Is . n m E J to 9 3{ l ! a 2 OD C ru CL m Y U_ I n m E J to O v a 2 OD C ru c U U Oc [L O � %V � Q 0 4J L O @ C O O 6 E \ > Ev o �2 Ln N a E c O n 0 o i I N LL � 6 O I l 'I N E I E M N u CL tko a r � Ur O A 44L 'Ms,� Ml VL I N -S X— O 'Ms,� Ml VL I N -S X— 'Ms,� I N C: e y ■ & 5 / 0 a/ \ '® « = g G 5 e . c 2 = @ "u ® ® /k\3/\ LZ E - -- O u ; u s q CL \\ /- ` q \ } \ \\ $ \Ew § ± E ± 2 7 2 , > \ m 2 ( _Zn 0 t @ o jZD 2 " \ 7/ E \§/ \ \ O e < rN Qj/ � c . \ \ ] t~cuj & / k j k �� ) I C: e y ■ & 5 / 0 a/ \ '® « = g G 5 e . c 2 = @ "u ® ® /k\3/\ LZ E - -- O u ; u s q \\ /- ` q $ / 3\ O ± 2 7 2 , \ t @ o \ ) k � / \ t ) V & / ) 3 \ \ u \ ° t = k % � e E \ = 3 ® EE U / \ 0 / k j O 2f : \ 0 & / \ E s 2 \ / ( 2 u / 2 0 ° ® � j � ° / / • \ \ \ 9 I z - z 0 2 a k u 2 C O c� c N E E O U N l� Ln v ro v 3 U_ L Q v C0 C O a v 00 C: ro L U N C O N Ln v cr a� a O J Q O CL CL Q c v CE C O U 41 N L f6 N City of Wh6atP4,,,Ldge POSTING CERTIFICATION CASE NO. WZ-17-05 CITY COUNCIL HEARING DATE: I, residing at i / S; as the applicant for Case No. Public Hearing at September 11, 2017 (name) (address) WZ-17-05 hereby certify that I have posted the Notice of ` - - I (location _ J on this day of INand 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. 1 Signature: \ � NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP �of W heat 1idge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on September 11, 2017. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. 4 City of ��W heat idge COMMUNiTy DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Zack Wallace Mendez DATE OF MEETING: August 3, 2017 CASE NO. & NAME: WZ-17-05 / Shadow Homes ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) LOCATION OF REQUEST: 6025 W. 40'' Avenue PROPERTY OWNER: Shadow Homes, Inc. APPROXIMATE AREA: 0.322 acres (14,026 square feet) PRESENT ZONING: Commercial -One (C-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP F, ir L i 40TH'AVE ;� 39TH Q�'� �r A ? � All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of 6025 W. 40th Avenue have submitted this application requesting approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) on the property. The zone change is the first step of the process for approval for the property to be utilized for two single-family homes. The applicant intends to submit a request for a two -lot subdivision on this property. The goal of the zone change is to bring the lot into conformance with its historic use as a residential property, and to allow for the construction of an additional single-family home (Exhibit 1, Applicant Letter). The future subdivision, if approved, will allow for the construction of an additional single-family home on its own parcel. The subdivision has not yet been applied for, but does not require any public hearings. The plat would be reviewed by Staff, and would be required to meet the lot width and lot size requirements of the R -1C zone district, if this rezoning ordinance is approved by City Council. Specific development standards, such as setbacks, lot coverage, and compliance with the bulk plane standards would be reviewed during the building permit process, during which time the structures would also be reviewed to ensure compliance with the existing building codes. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 6025 W. 40th Avenue. The property is approximately 0.322 acres in size and located along 40th Avenue just west of Harlan Street (Exhibit 2, Aerial Photo). Currently the property contains one primary residential structure that has a footprint of approximately 525 square feet, and was originally built in 1942 according to Jefferson County Assessor Records. There are also two accessory structures present on the property, one is a detached one -car garage, the other a shed. The site is zoned Commercial -One (C-1), and surrounding properties, though predominately residential have a mix of commercial and residential zoning. To the south and east, is a large area of Residential -Three (R-3) zoned properties, consisting of single-family, duplex, and multi- family development. The neighboring property to the east is currently vacant and zoned Residential -One C (R -1C). To the west, the neighboring property is a single family home on C-1 zoned land, and further west is an area of Residential -Two zoned properties. To the north are more C-1 zoned properties which are largely utilized for single-family, duplex, and multi -family uses (Exhibit 3, Zoning Map). III. PROPOSED ZONING The applicants are requesting the property be rezoned to Residential -One C (R-1 C), a zone district intended to provide high quality, safe, quiet and stable medium -density single-family residential neighborhoods. In addition to small lot single-family homes, the zone district permits Planning Commission 2 WZ-17-05 / Shadow Homes churches, schools, government buildings, and group homes. Most uses other than single-family homes require special use permits and/or larger lot sizes. The property is currently zoned Commercial -One (C-1). This zone district was established to accommodate a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The applicants are requesting the zone change to R-1 C so they can bring the property into conformance with its historic use, and to subdivide the property and build an additional single- family home. While many surrounding properties are zoned commercially, they are also used residentially. The R -1C zoning is more in line with the actual development pattern in the neighborhood. R -1C will restrict the lot to only single-family homes, which will be subject to the City's bulk plane standards. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission WZ-17-05 / Shadow Homes CURRENT ZONING PROPOSED ZONING Commercial -One C-1) Residential -One C (R -1C) Allows a wide range of commercial Allows for single-family homes. Also Uses uses including office, general allows for churches, schools, and business, retail sales, and service government buildings with special use establishments permits and/or larger lot sizes. Traditional Overlay ASDM Architectural standards apply, including high quality architecture: standards related None Standards to articulation, variation, materials, transparency Max. Building 50' 35' plus bulk plane regulations Height Max. Lot coverage 80% 40% Min. Landscaping 20% 25% of lot and 100% of front yard Build -to Area 0-12' along front property line None Setbacks Front 50' 20' Side 0' if nonflammable or 5' per story 5' Rear 10' plus 5' per story 5' IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission WZ-17-05 / Shadow Homes The change of zone will not result in adverse effects on the surrounding area. The rezoning would eliminate the possibility of commercial development on the property and limit the property to a single-family use. Minimum lot sizes in the R-1 C zone district limit this parcel to a maximum of 2 potential single-family homes, once a subdivision of the land is complete. The R -1C zoning is expected to add value to the subject property and also to the surrounding community. A residential designation will support compatibility between future redevelopment and existing land uses. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any future construction on the property, and fire and building codes are required to be met. 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. Envision Wheat Ridge, the City's comprehensive plan, identifies this area as a Neighborhood (Exhibit 4, Comprehensive Plan Map). This designation identifies areas where people own homes and thrive and where residents of all ages can live safely and comfortably. Defining characteristics of an established neighborhood in the comprehensive plan are: consistent character, mature landscaping, high rates of reinvestment and home ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in a property, maintaining consistent character, and creating opportunities for home ownership. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Planning Commission 4 WZ-17-05 / Shadow Homes Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to R -1C neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on May 30, 2017. Five people from the neighborhood attended the meeting. In general, attendees supported the request. Some concerns were raised and those are expressed in the meeting summary (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No objection. Wheat Ridge Sanitation District: No objection. West Metro Fire Protection District: No objection. Xcel Energy: No objection. Century Link: No objection. Planning Commission WZ-17-05 / Shadow Homes VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-17-05. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request." Option B• "I move to recommend DENIAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40tn Avenue, for the following reasons: 2. Planning Commission 6 WZ-17-05 / Shadow Homes EXHIBIT 1: APPLICANT LETTER [see attached] Planning Commission WZ-17-05 / Shadow Homes C 7 Applicant Letter June 13, 2017 Community Development Department; City of Wheat Ridge 7500 W 29 Ave Wheat Ridge, CO Re: Zone change and 2 lot administrative subdivision at 6025 W. 40th Ave. Shadow Homes, Inc. is proposing a zone change to 6025 W 40th Ave. The current zoning on the property is C1. We are requesting the zoning be changed to R1 -C. The existing zoning for the property is a commercial zoning, amidst a residential area. We are proposing a zoning change to R1 -C to make zoning consistent with neighborhood use and surrounding zoning. This will support the neighborhood by ensuring continued, consistent residential use; as opposed to commercial use. This will maintain the feel and peace in the neighborhood. After rezoning to R1 -C, we will request administrative subdivision to make two total lots from the current one lot. On the proposed new residential lot, we intend to pursue permitting of an additional single-family craftsman type bungalow, which is consistent with the surrounding architecture. There is a pressing need for median priced single-family homes in the area. Rezoning and subdividing, will allow a wonderful home for a family, which keeps them in Wheat Ridge to support public works and endeavors. The proposed zoning change and subsequent subdivision would have very minimal effect on infrastructure needs, including police, water, fire, schools, parks, etc, as the area is already set up for residential use and the density will remain low, by only adding one single family home. The residential home will support taxes and the development will bring in additional city revenue via permit fees, taps, and other development related costs. Furthermore, it will support a healthy economic market in the area by adding jobs. From our initial neighborhood meeting, we feel the surrounding residents are in support of our proposal. We are hopeful that city leaders will also see the benefits and sensibility of this proposal. Thank you for your consideration. Sincerely, Katie and Dan Sorensen Shadow Homes, Inc. PO Box 17694 Golden, CO 80401 Info@shadowhomes.com Planning Commission 8 WZ-17-05 / Shadow Homes EXHIBIT 2: AERIAL Planning Commission WZ-17-05 / Shadow Homes EXHIBIT 3: ZONING MAP W heat 1kicge Geographic Information Systems Legend Q Subject Property Displayed Zone Districts n Residential -One C (RAC) CADS Residential -Two (R-2) Residential -Three (R-3) Commercial -One (C-1) AUNVE Planning Commission WZ-17-05 / Shadow Homes will I~ L9 Z _ Q r tY t +ramal � "t r -40TH AVE - - 39TH PL 441 39TH-AVEi PC . M N State Plane Cowdinale Protection Cebrado Lamm, 2.- 1.: 111083 EXHIBIT 4: COMPREHENSIVE PLAN Neighborhoods see Chapter 3 Criteria for differerent Neighborhood types Subject Property Planning Commission 1 1 WZ-17-05 / Shadow Homes EXHIBIT 5: SITE PHOTOS r-,,t Ar > View of the subject property looking northwest from 40' Avenue. The property stretches from the wooden fence in the foreground to the white fence in the background. The existing residential structure can be seen in the photo. View of the subject property northeast from 40"' Avenue. The existing structure and detached garage can be seen in the photo. The vacant grassy area is part of the subject parcel. Planning Commission 12 WZ-17-05 / Shadow Homes S View of the subject property from 40" Avenue. Residential structure is located to the right of the photo, detached garage to the left. The shed is located behind the wall between the house and garage. LI H LL LL QQ F1 C IL a � a$ Y... �Z� View of Harlan Street from 40' Avenue, just east of the subject property. The red brick apartment building, and white home in the background are some of the many residential structures in the area (in addition to the subject property) that are zoned commercially. Planning Commission 13 WZ-17-05 / Shadow Homes EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: May 30, 2017 Attending Staff: Zack Wallace Mendez, Planner II Location of Meeting: Wheat Ridge Municipal Center Property Address: 6025 W. 40th Avenue Property Owner(s): Shadow Homes, Inc. Property Owner(s) Present? Yes Applicant: Katie Sorensen, President of Shadow Homes Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Existing Site Conditions: The property is located on W. 40th Avenue two lots to the west of Harlan Street. It is currently zoned Commercial -One (C-1). A small home built in 1952 and a small garage currently exist on the site. The home and garage have a total footprint of 811 square feet, sitting on a 7,797 square foot lot. A vacant parcel behind the main lot adds 6,229 square feet, totaling 14,026 square feet. The surrounding properties to the west, north, and northeast are also residential in nature despite being zoned C-1, and range from single-family to multifamily. Properties further to the west on 40th Avenue are zoned Residential -Two (R-2) and the two vacant lots to the east are zoned Residential -One C (R -1C), which allows small -lot single family homes. Properties across 40th Avenue from the site are also zoned R-3, but abut 39th Place, creating a condition where the rear yards of these homes abut 401h Avenue. One gravel driveway provides access from 401h Avenue; no curb, gutter, or sidewalk are present along the street frontage. Applicant/Owner Preliminary Proposal: The applicant has proposed a zone change to allow for an additional unit on the site. The applicant proposed a rezone to either Residential -One C (R -1C) or Residential -Two A (R -2A), but concluded that R -1C was more appropriate following comments from staff. The applicant favored the option of two single-family homes on the site over adding a duplex. Planning Commission 14 WZ-17-05 / Shadow Homes The applicant is considering preserving the existing home but expanding the garage, and constructing a new home on the west side of the property. A flag lot was also considered, which would place the new construction in the rear of the site with a long driveway. The applicant more closely considered the option that would divide the site into two narrow lots, with a new home on the empty west lot. Home construction options in a traditional, farmhouse style were presented. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, six members of the public were in attendance. • Staff discussed the site, its current zoning, and the proposed R -1C zone district development standards. • The applicant and members of the public were informed of the process for the rezoning. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the rezoning request and proposed development: • Concerns about setbacks and density, especially the potential for slot homes (e.g. up to fourteen residences). The applicant responded that their intention is to keep the existing single family home and build one additional single family home. Staff also added that the requested R-1 C zoning is a single-family only residential district that requires a minimum of 5, 000 square feet of land area. The maximum number of houses that could go on this existing piece of land with the R-1 C zoning is two. Additionally the R-1 C zone district requires a minimum 5 foot rear and side yard setback, and the bulk plane standards also apply. • What is the timeline? If approved, the applicant stated they intend to break ground next spring or summer. This also depends on if they sell off the plans after the rezoning and subdivision. • So if you sell it, then what you are showing may not be built? The applicant stated they would get the plans approved through the building department and sell it that way, so what they are showing as concepts will be very similar to what is built. Aside from the four neighbors at the meeting, staff received no comment from others in the area regarding the proposal. Planning Commission 15 WZ-17-05 / Shadow Homes m E M Z It � N cli 4 6 6 Planning Commission 16 WZ-17-05 / Shadow Homes z L tiS Q a � O CL Q m E M Z It � N cli 4 6 6 Planning Commission 16 WZ-17-05 / Shadow Homes City of Wh6atR�ioge POSTING CERTIFICATION CASE NO. WZ-17-05 PLANNING COMMISSION HEARING DATE: August 3, 2017 residing at e _- z)ry in se'o (name) as the applicant for Case No Public Hearing at WZ-17-05 hereby certify that I have posted the Notice of (location) on this day JONTi and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP 4411 S T AVE i .�t..i , 3►'& a 110 ' r _ dii�A a i •c« g _ i z _ 40THiAVE0, fw� - U, — t . "V. ' I -Rirty0f W heat Psi�qge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on August 3, 2017. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. t G , City of �W heat jdge MUNITY 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 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) July 19, 2017 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-17-05, an application filed by Shadow Homes for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 Wet 40'h Avenue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission August 3, 2017 A 7:00 p.m., City Council September 11, 2017 (a, 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of the meeting. www.ci.wheatridge.co.us Vicinity Map Site A wz1 7os.aoc City of Wheat j —dge COMMUNITYDEVELOPMET City of Wheat Ridge Municipal Building 7500 W. 29" Ave. July 6, 2017 Shadow Homes, Inc. Attn: Katie and Dan Sorensen 5084 Gladiola Way Golden, CO 80403 Re: WZ-17-05 — 1st Review Dear Mr. and Mrs. Sorensen: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to your application for a zone change on property located at 6025 W. 40`h Avenue. The first submittal of your application has been reviewed, and there are no requests for additional information at this time. The Planning Division has no comments regarding your proposal. The following comments were received during the referral period from outside agencies and city departments: City of Wheat Ridge Public Works: See attached comments from Dave Brossman dated June 20, 2017. Wheat Ridge Sanitation District: See attached comments from Bill Willis dated June 21, 2017. West Metro Fire Protection District: See attached comments from Bruce Kral dated June 23, 2017. Xcel Energy: See attached comments from Donna George dated June 29, 2017. Century Link: See attached comments from Dustin Pulciani dated July 5, 2017. Wheat Ridge Water District: No comments received. Comcast Cable: No comments received. Wheat Ridge Building Division: No comments received. Wheat Ridge Parks and Recreation: No comments received. Wheat Ridge Police Department: No comments received All comments are provided as attachments to this memo. Please let me know if you have any questions. Sincerely, Zack Wallace Mendez Planner II 303-235-2852 zwallace@ci.wheatridge.co.us cc: Case file (WZ-17-05) Enclosures 2 City of W heat Ri�jge PUBLIC WORKS Memorandum TO: Zack Wallace Mendez, Planner II FROM: Dave Brossman, Development Review Engineer DATE: June 20, 2017 SUBJECT: WZ-17-05 / Sorensen — 6025 W. 40th Avenue I have completed my review for the request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) received on June 19, 2017. The purpose of the zone change is to allow for the construction of a single family home at 6025 W. 40th Avenue. I have the following comments: It does not appear that the current proposal entails any site changes which could trigger traffic or drainage requirements. Therefore, Public Works has no comments at this time. To Zack - Sorenson 6025 W40th Ave Review-I.docx Wheat Ridge Sanitation District 7100 West 44th Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 June 21, 2017 Zach Wallace City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Email: zwallace@ci.wheatridge.co.us Re: WRSD— Will Serve Letter -6025 W. 40th Ave. Martin/Martin, Inc Project No.: 17456.C.01 Dear Mr. Wallace, On behalf of the Wheat Ridge Sanitation District (WRSD), Martin/Martin Inc., acting as the District Engineer, offers the following in response to a request for a zone change at 6025 W. 4011 Ave. from Commercial -One (C-1) to Residential -One C (R -1C). The Wheat Ridge Sanitation District has no objections with this zone change conditional on the items identified herein are fully addressed. Rules, Regulations and Standards of the District must be complied with at all times. The property referenced above is entirely within the boundary and service area of WRSD and is currently providing service to a single-family home. Treatment of sewage generated within the WRSD is provided by the Metro Wastewater Reclamation District (Metro). Existing Sanitary Sewer Mains Wheat Ridge Sanitation District has the following sanitary sewer mains adjacent to the proposed property: • 8 -inch mainline running west to east, south of the referenced property within W. 40th Ave. The developer is responsible for determining depths to verify if gravity flow is capable of servicing lots or if private individual sewage ejectors (lift station) are required. There is an existing single-family home on site currently being served by the District. This zone change involves the intent to build an additional single family home on the property. The new single-family home is required to front the District mainline and must have a separate sanitary service connection to the District mainline. Costs All costs involved are to be deposited in advance — plan reviews, construction, observation and inspections — and are the responsibility of the Owner/Developer at the then current rate fee structure. Please be aware that proper tap and inspection fees are required to be paid prior to connection to the District main. A minimum 72 -hour notice prior to construction is required following District receipt of all fees. These fee amounts can be paid directly to the District Office prior to connection, payable to Wheat Ridge Sanitation District, which also collects Metro Wastewater's "connection fees". If you have any questions, please do not hesitate to contact Ms. Sue Matthews during regular office hours, 8:30 am to 12:30 pm, or Bill Willis, MARTIN/MARTIN Consulting Engineers, 303-431-6100. Sincerely, , � � �� � I/--- �,_Zll - _� Bill Willis, PE Wheat Ridge Sanitation District 7100 West 448, Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 Cc: Mike Bakarich — Wheat Ridge Sanitation District 433 S. Allison Parkway Lakewood, CO 80226 Bus: (303) 989-4307 Fax: (303) 989-6725 www.westmetrofire.org West Metro Fire Protection District June 23, 2017 Zack Wallace Mendez Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2852 Fax: 303-234-2845 zwal1ace@ci.wheatridge.co.us Re: Case No. WZ-17-05 (6025 West 40`x' Avenue — Rezone) Dear Mr. Mendez, This property is within the West Metro Fire Protection District (WMFPD). Fire service will be provided as long as provisions of the International Fire Code, 2012 edition, including amendments, are met in development. WMFPD has no comments or concerns for the proposed rezoning. Address and identification and fire access for future development must comply with the City's adopted fire code and be approved by the WMFPD. Permits are required from the fire district all work on automatic fire protection systems, all work on automatic fire detection systems, underground fire line, solar photovoltaic systems, radio amplification, and for the storage of hazardous materials including the removal and placement of fuel storage tanks. WMFPD reserves the right to provide additional comments/requirements at the time when plans are submitted and reviewed per applicable codes and amendments. If you have any questions contact me at 303-989-4307 extension 513 or e-mail: bkral a,westmetrofire.org. Respectfully, Bruce Kral Fire Marshal "Whatever 11 Takes"... To Serve XcelEnergysm PUBLIC SERVICE COMPANY June 29, 2017 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Zack Wallace Mendez Re: Sorensen, Case # WZ-17-05 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.1.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the request for the Sorensen Rezone. Public Service Company has no objection to this proposed rezone, contingent upon Public Service Company of Colorado's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. The property owner/developer/contractor must complete the application process for any new gas or electric service, or modification to existing facilities via FastApp, Fax, Email, or 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 From: Pulciani, Dustin To: Zackary Wallace Subject: RE: WZ-17-05 Referral Date: Wednesday, July 5, 2017 2:26:28 PM Zack, CenturyLink has no objection to the proposed zoning application. Thanks Dustin Pulciani, ROW Agent Century Link 700 W. Mineral Ave., Littleton, CO 80120 Cell: 720-520-3133 Dustin.Pulciani@centurylink.com - 1.1 CenturyLink~ Stronger Connected - From: Zackary Wallace[maiIto:zwallace@ci.wheatridge.co.us] Sent: Monday, June 19, 2017 9:20 AM To: Pulciani, Dustin Subject: WZ-17-05 Referral Dustin, The Wheat Ridge Community Development Department has received a request for approval of a zone change at 6025 W. 40th Avenue (Case No. WZ-17-05). The documents may be viewed and downloaded at the following Dropbox link: https•//www dropbox com/sh/otaip52vs5mclqj/AAClMNoChZuaNwBrRS-mJFMDa?dl=0 Comments are due by July 5, 2017; no response from you will constitute having no objections or concerns. Feel free to be in touch with any additional questions. Thank you, Zack Please note you will need Adobe software to view the application submittals. The latest version of Adobe Reader can be downloaded here: htto://get.adobe.com/reader/ Zack Wallace Mendez Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2852 Fax: 303-234-2845 www.ci.wheatridge.co.us / City F.111j�.�, heat at 1d (OMMUNIIi DivFitIPMFN7 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. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. Lily of' COMW heat j ,dge UNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: June 19, 2017 Response Due: July 5, 2017 The Wheat Ridge Community Development Department has received a request for approval of a zone change at 6025 W. 40th Avenue. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-17-05 / Sorensen Request: The applicant is requesting a zone change from Commercial -One (C-1) to Residential -One C (R -1C). The purpose of the zone change is to allow for the construction of a single family home. The applicants will also be required to apply for a subdivision prior to being able to construct. The subject property is located on the north side of 40th Avenue, west of Harlan Street. The property measures 14,026 square feet (0.32 acres) and contains a house that was constructed in 1942. The property has been utilized residentially, but zoned commercially as far back as City records indicate. The requested rezoning will bring the existing residential use of the property into conformance with the zoning, as well as allow for the creation of an additional lot for the construction of a new single family home. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Zack Wallace Mendez Phone: 303.235.2852 Email: zwallace@ci.wheatridge.co.us Fax: 303.235.2852 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District West Metro Fire District Xcel Energy Century Link Comcast Cable Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Building Division Vicinity Map IIA cn- 0 71� VF' 40 qj. lexi tL le� IT4 4j I , - . 1011 NOTE: Land use applications must be submitted BY APPOINTMENT with a t_ itv of planner. Incomplete applications will not �W hc' at if I e, be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue * Wheat Ridge, CO 80033 0 Phone (303) 235-2846 (Please print or type all information) Applicant 5n�1�(j is . J V0 (,,, Phone ati - mail K Gtr �YY�/,r7 {-1 Address, City, State, Zip st;," 60 ,�,e, DD 1 �vv► i �1�[ �� (,� `-� bb Owner) ( �' Phone Email' Address, City, State, Zip Contact Address, City, State, Zip Phone Email (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.') Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Change of Zone or Zone Conditions O Special Use Permit C3!:5labdivision — specify type: O Planned Development (ODP, SDP) O Conditional Use Permit Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26- ) O Right of Way Vacation 71 Other: /^ Detailed description of request: � �ow / L y� /✓� S') 6.1� GG�bI,J dna/ SSS o�ii ✓�li�, ��i�� 01 / A a�a I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Notarized Signature of Applicant Y i State of Colorado County of �� } ss Z�f U The fQ� re�gomn instrument (Land Use ProcessingApplication) was acknowledged by me this 414.'day of `a1,A V -,O , 20� by Ki >c' J-ey JL,"v\, L"Yey\ 4,64& . DIBESH KANSAKAR My commission expires 1�j_ / 1 /20 NOTARY PUBLIC STATE OF COLORADO Notary Publi NOTARY Ib 20144018308 "M It 16 619010( —42,64 'PIPES h6w q, 2948 To be filled out by staff: _ Date received b -13- 1 Fee $ (vS. a5 Case No. �S Comp Plan Design. Receipt No. C b,(k 61 `7V 5_ Quarter Section Map Related Case No. Pre -App Mtg. Date- Case Manager Assessor's Parcel No. 39 ,22 3-0a4_-)2 I +0a2 Current Zoning r; 1 C-1 Current Use Size (acres or sgft) Proposed Zoning a5 ; IhN4 `a 1 - Un.t C Proposed Use % iC Rev 1/22/2016 C" F� t il� 1til i'C Submittal Checklist: Zone Change (straight zone district) Project Name: • b di3 W, L Rev 512014 Project Location: Leh 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: Z1. Completed, notarized land use plication form _2. Application fee5. -- y 3. Signed submitta fee - (this d ment)/ 4. Proof of ownership—e.g. deed +� A5. Written authorization from prope owner(s) if an agent acts on behalf of the owner(s) ' X6. Mineral rights certification form✓' _?C_7. Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format �, 8. Certified boundary and improvement survey of the property ��'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, t fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, 1 understand that in the event any revisions need to be made after the second (2°d) full review, 1 will be subject to the applicable resubmittal fee. Signature: -,���Y "`�/L�.. Date: ___ �• �-. Name (please print): Sb�P/i st° n Phone; 3D?i—')Ll-1- Community Development Department • (303) 235-2846 • www.ci.wheatridge.co.us City of Wheat_1�idJge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 1': 303.235.2857 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (90) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing, W\0�; + A,lrl� —5-ft�"'"of/with S 0 le; Ap("Z Rly� [S (Print name) (Position/Job Title) (Entity applying for permit/approval) (hereinafter, referred to as the "Applicant"), do hereby certify that notice of the application for V— 1 C_ , set for public hearing on (Describe type of application) 20, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. ZCheck here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this day of 20_a By: ivw` Legal Description 6025 W. 40th Ave. Wheat Ridge, CO That part of the North 112 of the NE 114 of to 5114 of the SWIA of Section 24, Township 3 South, Range 69 West of the 6 h PI, described as follov6: Beginning at the SE corer of the above tract, thence duo Noah 15 feet; thence at right angles due West 297 feet; thence at fight angles due South 15 feet; ihencp at Baht angles due East 291 feet to the true point of beginning; except that portion of the above propel described in deed recorded in Book 83o at Page 664 in the records of the once of the Clerk and Recorder of Jefferson County, County of Jefferson, State of Colorado Parcel B: That part of the Not 112 of the NE 114 of the 5114 of the SW114 of Section 24, Township 3 South, Range 69 West of the 6th P,M,, described as follows: Beginning at a point on the Not line of said tract, 297 feet West of the NE corner of said tract; thence Sot IK .feet to the True Point of Beginning; thence Ease 25 feet; fence South 15 feet; thence West 25 feet, fence Not 75 feet to the t ue point of beginning: County of Jefferson, State of Colorado Parcel C: That part of the Norih 112 of the NE 114 of the 5114 of the SW114 of Section 24, Tovmship 3 South, Range 69 West of the 61h P,M,, described as follows, to 4: That portion of Cot five beginning at a point on the North line of the above described tract, 214 feet West and 1 K South of the NE comer of said above described fact which is the true point of beginning: thence South 15 feet to a point; thence at right angles West 58 feet to a point; thence at right angles North 15 feet to a point; thence at right angles East R feet to the true point of beginning. County of Jefferson State of Colorado Applicant Letter June 13, 2017 Community Development Department; City of Wheat Ridge 7500 W 29 Ave Wheat Ridge, CO Re: Zone change and 2 lot administrative subdivision at 6025 W. 40th Ave. Shadow Homes, Inc. is proposing a zone change to 6025 W 40th Ave. The current zoning on the property is C1. We are requesting the zoning be changed to R1 -C. The existing zoning for the property is a commercial zoning, amidst a residential area. We are proposing a zoning change to R1 -C to make zoning consistent with neighborhood use and surrounding zoning. This will support the neighborhood by ensuring continued, consistent residential use; as opposed to commercial use. This will maintain the feel and peace in the neighborhood. After rezoning to R1 -C, we will request administrative subdivision to make two total lots from the current one lot. On the proposed new residential lot, we intend to pursue permitting of an additional single-family craftsman type bungalow, which is consistent with the surrounding architecture. There is a pressing need for median priced single-family homes in the area. Rezoning and subdividing, will allow a wonderful home for a family, which keeps them in Wheat Ridge to support public works and endeavors. The proposed zoning change and subsequent subdivision would have very minimal effect on infrastructure needs, including police, water, fire, schools, parks, etc, as the area is already set up for residential use and the density will remain low, by only adding one single family home. The residential home will support taxes and the development will bring in additional city revenue via permit fees, taps, and other development related costs. Furthermore, it will support a healthy economic market in the area by adding jobs. From our initial neighborhood meeting, we feel the surrounding residents are in support of our proposal. We are hopeful that city leaders will also see the benefits and sensibility of this proposal. Thank you for your consideration. Sincerely, Katie and Dan Sorensen Shadow Homes, Inc. PO Box 17694 Golden, C080401 www.Shado A Homes.com Info@shadowhomes.com 2017029415 3/20/2017 4:08 PM PGS 2 $18.00 OF $29.50 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 Y WARRANTY DEED State Doc Fee S 29.50 THIS DEED, made this 17th day of March, 2017, between Jason Chilson of the County of Jefferson, State of Colorado, grantor(s), and Shadow Homes, Inc; A Colorado Corporation whose legal address is 6025 W 40th Avenue, Wheat Ridge, CO 80033, grantee(s): WITNESSETH, That the grantor(s) for and in consideration of the sum of Two Hundred Ninety -Five Thousand And No/100 Dollars ($295,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado described as follows: Parcel A: That part of the North 1/2 of the NE 1/4 of the S1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at the SE comer of the above tract, thence due North 75 feet; thence at right angles due West 297 feet; thence at right angles due South 75 feet; thence at right angles due East 297 feet to the true point of beginning; except that portion of the above property described in deed recorded in Book 830 at Page 554 in the records of the office of the Clerk and Recorder of Jefferson County, County of Jefferson, State of Colorado Parcel B: That part of the North 1/2 of the NE 1/4 of the S114 of the SW 1/4 of Section 24, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at a point on the North line of said tract, 297 feet West of the NE corner of said tract; thence South 180 feet to the True Point of Beginning; thence Ease 25 feet; thence South 75 feet; thence West 25 feet, thence North 75 feet to the true point of beginning, County of Jefferson, State of Colorado Parcel C: That part of the North 1/2 of the NE 1/4 of the S1/4 of the SW 1/4 of Section 24, Township 3 South, Range 69 West of the 6th P.M., described as follows, to wit: That portion of Lot five beginning at a point on the North line of the above described tract, 214 feet West and 180 South of the NE corner of said above described tract which is the true point of beginning: thence South 75 feet to a point; thence at right angles West 58 feet to a point; thence at right angles North 75 feet to a point; thence at right angles East 58 feet to the true point of beginning, County of Jefferson, State of Colorado and known by street and number as: 6025 W 40th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. And the grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the current year and subsequent years and subject to easements, restrictions, reservations, covenants and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Jason Chilson ft Title DT1703003 State of Colorado County of Denver The foregoing instrument was acknowledged before me this 17th of March, 2017 by Jason Chilson. WI ss my hand and official seat. Ryan Edward Sparta: Notary Public Nota Public State of Colorado Notary ID 20174006D89 My Commission Expires: My Commission res Febnag 08, 2021 Aftet Recording Return t0 Ivie��ltants,Mortgage8c i`�`usT Corp��t�rioa' _ , �.tt�t R,es�clett<al SriiaLt C9�}�r►erciat 7A0�`East Citesttwe, Gix61-1-15(3 Gieeiiwop� village°CO 8Q1T DEED OF TRUST (Colorado) 2017029416 3/2012017 4:08 PM PGS 13 $73.00 DF $0.00 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 N THIS DEED OF TRUST is made as of March 17, 2017, between SHADOW HOMES, INC., A COLORADO CORPORATION ("Grantor", whether one or more) whose address is 5081 Gladiola Way, Golden, CO 80403; and the Public Trustee of the County in which the Property (see paragraph 1) is situated ("Trustee"); for the benefit of MERCHANTS MORTGAGE & TRUST CORPORATION ("Lender"), whose address is 7400 E. Crestline Circle, Suite 250, Greenwood Village, Colorado 80111. Grantor and Lender covenant and agree as follows: 1. Property in Trust. Grantor, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following property located in the County of Jefferson, State of Colorado whether now owned or subsequently acquired by Grantor: The real property described on Exhibit A-1 attached hereto and incorporated herein by reference (hereinafter referred to as "Real Estate"), together with the following (all of which shall be collectively referred to as the "Property"): a. All buildings, structures, and improvements of every kind now or hereafter located on the Real Estate; b. All rights-of-way, easements, and all other appurtenances to the Real Estate; C. All of Grantor's right, title and interest in any land lying between the boundaries of the Real Estate and the center line of any adjacent street, road, avenue, alley or public place, whether opened or proposed; d. All of Grantor's right, title and interest in any water and water rights, including fixtures and equipment necessary for the use of such water or water rights, including, but not limited to, water rights relating in any way to the real estate owned or claimed by Grantor, whether or not such water and water rights have been adjudicated, including all stock certificates or other documentation evidencing ownership of such water and water rights and all ditches, wells, reservoirs and drains and all such rights which are appurtenant to or which have been used in connection with the Real Estate. All such interests are and shall remain subject hereto without the express release thereof by Lender regardless of any change in the use or character thereof whatsoever; C. All of Grantor's right, title and interest in all oil, gas, hydrocarbons, coal, sand, gravel, minerals or mineral rights, crops, timber, trees, shrubs, flowers, and landscaping features now or hereafter located on, under or above the Real Estate; f. All of Grantor's right, title and interest in all goods, machinery, appliances, apparatus, equipment, farm products, building materials, fittings, fixtures, (whether actually or constructively attached, and including all trade, domestic and ornamental fixtures) now or hereafter located in, upon or under the Real Estate and used or usable in connection with Deed of Trust (Colorado) Page 2 of 13 any present or future operation thereof, including, but not limited to, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lift, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, cooking, and communications apparatus, boilers, water heaters, ranges, furnaces, and burners, vacuum cleaning systems, elevators, escalators, shades, awnings, screens, storm doors and windows, stoves, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies and all additions, thereto and replacements therefor (exclusive of any of the foregoing owned or leased by lessees of space in the improvements); g. All awards and payments, including interest thereon, resulting from the exercise of any right of eminent domain or any other public or private taking of, injury to, or decrease in the value of, the Real Estate; h. All leases, licenses, concessions and occupancy agreements of the Property now or hereafter entered into and all the rents, royalties, issues, profits, revenue, income and other benefits of the Property now or hereafter arising from the use or enjoyment of all or any portion thereof or from any such lease, license, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the personal property located on or used in connection with the Property, and all cash or secru-ities deposited to secure performance by tenants, lessees or Iicensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due immediately prior to the expiration of said terms; i. All rights of every kind and nature held by or belonging to Grantor as declarant under any conunon interest community of any kind located on the Property, whether now in existence or created hereafter, including, without limitation, all special declarant rights set forth under C.R.S. § 38-33.3-103 (29); and j. All other or greater rights and interests of every nature in the Real Estate and in the possession or use thereof and income therefrom, whether now owned or subsequently acquired by Grantor. 2. Note; Other Obligations Secured, This Deed of Trust is given to secure to Lender; (a) The repayment of the indebtedness evidenced by the note ("Note') given by SHADOW HOMES, INC., A COLORADO CORPORATION, KATHLEEN SORENSEN and DANIEL SORENSEN ('Borrower", whether one or more) dated as of March 17, 2017, in the principal sum of Two Hundred Eighty Three Thousand Five Hundred Dollars and No Cents ($283,500.00), with interest accruing thereon at Ten percent ( 10.00%) per annum ("Contract Rate"). Interest shall be computed on the basis of actual days elapsed assuming a 360 -day year. Interest on the Note shall be paid, in arrears, commencing on May 1, 2017, and continuing on the first day of each calendar month thereafter at 7400 E. Crestline Circle, Suite 250, Deed of Thist (Colorado) Page 3 of 13 Greenwood Village, CO 80111 or at such other address as Lender may require. If a payment is received more than fifteen (15) days late, Borrower shall pay to Lender a late payment fee of five percent (5.0%) of the payment amount. The unpaid principal balance of the Note, together with all interest accrued thereon, shall be due and payable in full on March 12, 2018 ("Maturity Date"). In the event any payment date or the Maturity Date falls on a legal holiday upon which Lender's offices are not open for business or falls on a Sunday, the payment date or Maturity Date shall be the next following day. In addition to all other scheduled payments due hereunder, in the event the Note is not paid in full on or before October 1, 2017, then, for such month and each and every month thereafter until the earlier of the time the Note has been paid in full or the Maturity Date, a monthly loan fee of Thirty Three Hundreths of One Percent (0.33%) ("Deferred Loan Fee") shall become due to Lender, which Deferred Loan Fee shall be earned as of the first day of the month but calculated on the highest outstanding principal balance of the Note in the month. Payment of any Deferred Loan Fees which have accrued during the Loan shall be due and payable in fitll at the earlier of the time the Note is paid in full or the Maturity Date. The privilege of prepayment in whole or in part at any time and from time to time, without penalty, is reserved to Borrower; (b) The payment of all other sums, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust, with interest thereon based upon and equal to six (6) percentage points above the Contract Rate in effect from time to time, adjusted daily and compounded annually ("Default Rate"); (c) In addition to any other remedies available to Lender, the payment of an Overdue Loan Fee if the Note is not paid in full at the Maturity Date, which fee is due at the time the Note is otherwise paid in full. The "Overdue Loam Fee" shall be determined based upon the outstanding principal balance of the Note as of the Maturity Date and shall be: (a) one percent (1.0%) of such principal balance if the Note is paid in full on or after thirty (30) days after the Maturity Date but less than sixty (60) days after the. Maturity Date, or (b) two percent (2.0%) of such principal balance_ if the Note is paid in full on or after sixty (60) days after the Maturity Date; (d) The payment and performance of all other obligations of any or all of Borrower to Lender, whether owed now or at any time in the future, all of which obligations shall be collectively referred to as "Additional Obligations'; (e) The covenants, representations, warranties and agreements of Borrower contained herein or in any other document, instrument or agreement executed in connection with the Note ("Loan Documents") . In the event of any default under the Note, this Deed of Trust, the Loan Documents or the Additional Obligations, the obligations owed shall accrue interest at the Default Rate. Deers of Dust (Colorado) Page 4 of 13 3. Title. The undersigned covenant that Grantor owns and has the right to grant and convey the Property, and warrant title to the same, subject to general real estate taxes for the current year, and subject to any easements, recorded declarations, restrictions, reservations and covenants, if any, disclosed on the title commitment pursuant to which a policy of title insurance in favor of Lender is to be issued in connection with the Loan, if any, as of this date as reflected in the title commitment issued in connection with the Loan. 4. Payment of Principal and Interest. Grantor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and all other charges as provided in the Note and shall perform all of Grantor's other covenants and agreements contained in the Note and the Loan Documents. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied to the Note or the Additional Obligations, as determined by Lender in its sole discretion, in accordance with the terms and conditions of the Note and Loan Documents and the documents, instruments and agreements evidencing the Additional Obligations. 6. Prior Mortgages and Deeds of Trust; Charges, Liens. Grantor shall perform all of Grantor's obligations under any prior deed of trust and any other prior liens. Grantor shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the nnanner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Grantor making payment when due, directly to the payee thereof. Despite the foregoing, Grantor shall not be required to make payments otherwise required by this paragraph if Grantor, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Grantor making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. Property Insurance. Grantor shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the terra "extended coverage" in an amount at least equal to the lesser of (1) the insurable value of the Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property. During the time of construction of any improvements on the Property, Grantor shall maintain Builder's Risk Insurance which insurance must include completed operations coverage and otherwise must be satisfactory to Lender in all respects. All of the foregoing shall be known as "Property Insurance". The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Grantor subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of Deed of Mist 'Colorado) Page 5 of 13 coverage. Insurance polices shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Grantor shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Grantor. Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be unpaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Grantor. If the Property is abandoned by Grantor, or if Grantor fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Grantor that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if tinder paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Grantor in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Grantor and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds. 8. Preservation and Maintenance of Property; Changes to Legal Condition of Property' Environmental Representations, Warranties and Inderrurities. Grantor shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Grantor shall perform all of Grantor's obligations under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. The Property will not hereafter be platted or subdivided, the legal description changed or modified, the number of legally divisible units thereof changed nor the Property be made subject to a common interest ownership declaration or a common interest community map pursuant to C.R.S. §38-33.3-101 et seq. If Lender's consent thereto is required or requested, Grantor shall promptly pay to Lender the costs incurred by Lender in reviewing same, including, but not limited to, Lender's attorneys' fees and administrative charges and, if requested to do so by Lender, shall deposit the estimated cost thereof with Lender at the time Lender's consent is requested. Lender may collect an estimated amount at the time of closing of the Loan if the Deed of Trust (Colorado) Page 6 of 13 changes described in this paragraph 8 are contemplated, which amount shall be held by Lender to be applied to Lender's review costs. In the event Lender's actual costs are less than the estimated amount collected, any excess funds shall be applied to the Note. hi the event Lender's actual costs are greater than the estimated amount collected, Lender may, in its reasonable discretion, require payment of such costs upon completion of such review, payment of which may be a condition precedent to Lender's consent or Lender may defer payment of such costs until the earlier of the date the Note is paid in full or the Maturity Date, at which time such amount shall be due and payable in full. Grantor covenants, represents, warrants and agrees to and with Lender: (a) That: (i) none of the Property is in direct or indirect violation of any local, state or federal law, rule or regulation pertaining to environmental regulation, contamination or clean up (collectively, "Environmental Laws"), including, without limitation, "CERCLA", "RCRA", state super lien and environmental clean up statutes; and (ii) none of the Property is subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic substances, wastes, materials, pollutants or contaminants (including, without limitation, asbestos and raw materials which include hazardous constituents) and any other substances or materials which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (b) That Grantor shall indemnify Lender and hold Lender harmless from and against any and all expenses, damages and costs (including, without limitation, attorneys' fees and consequential damages) incurred by Lender as a result of any Hazardous Substances on any of the Property or failure of any of the Property to comply with Environmental Laws, even if such expenses, damages and costs shall be incurred by Lender after acquisition by Lender of any of the Property through foreclosure or deed in lieu of foreclosure, and such indemnity shall survive payment in full of the indebtedness secured hereby and the release of this Deed of Trust; (c) That none of the Property contains friable asbestos or other substance containing asbestos, except. as has been disclosed to Lender in writing; (d) That Grantor shall indemnify Lender and hold Lender harmless from and against any and all expenses, damages and costs (including, without limitation, attorneys' fees) incurred by Lender as a result of any asbestos or substances containing asbestos even if such expenses, damages and costs shall be incurred by Lender after acquisition by Lender of any of the Property through foreclosure or deed in lieu of foreclosure and such indemnity shall survive payment in full of the indebtedness secured hereby and the release of this Deed of Trust; (e) That Grantor will comply with all the laws, acts, rules, regulations and orders of any federal, state, municipal, legislative, administrative or judicial body, commission or office exercising any power of regulation or supervision of Grantor or of the Property or the construction, use or operation thereof; provided however, that Grantor may Deed of Trust (Colorado) Page 7 of 13 contest any such law, act, rule, regulation or order in any reasonable manner which will not affect the interest of Lender in any part of the Property, and (f) That Grantor shall not suffer or permit any capital repairs replacements or improvements to be built upon the Property, without the express prior consent of Lender. 9. Protection of Lender's Security. Except when Grantor has exercised Grantor's rights under paragraph 6 above, if the Grantor fails to perform or otherwise breaches the covenants, agreements, representations or warranties contained in the Loan Documents or in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with reasonable notice to Grantor under all of the circumstances (including no notice to Grantor in exigent circumstances), may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Grantor hereby assigns to Lender any right Grantor may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Grantor secured by this Deed of Trust. Such amounts shall be payable within ten days of written notice from Lender to Grantor requesting payment thereof and Lender may bring suit to collect any amounts so disbursed plus interest thereon at the Default Rate. Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be trade reasonable entries upon and inspection of the Property, provided that Lender shall give Grantor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 11. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Grantor and Lender hereunder with respect to such proceeds are subject to the lights of any holder of a prior deed of trust. In the event of a total or partial taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Grantor. If the Property is abandoned by Grantor, or if, after notice by Lender to Grantor that the condemnor offers to make an award or settle a claim for damages, Grantor fails to respond to Lender within thirty (30) days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Deed of Trusi (Colorado) Page 8 of 13 Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments. 12. Grantor Not Released. Extension of the tine for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Grantor shall not operate to release, in any manner, the liability of the original Grantor, nor Grantor's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Grantor nor Grvitor's successors in interest. 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or under any of the Loan Documents otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note, this Deed of Trust and the Loan Documents is distinct from and cumulative to all other rights or remedies under the Note, this Deed of Trust and the Loan Documents or afforded by law or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Grantor, subject to the provisions of paragraph 24 (Transfer of the Property). If there is more than one person comprising Grantor, all covenants, agreements, representations and warranties of Grantor shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Grantor provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Grantor or (2) three days after mailing such notice by first-class U.S. mail, addressed to Grantor at Grantor's address stated herein or at such other address as Grantor may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) three days after mailing such notice by first-class U.S, mail, to Lender's address stated herein or to such other address as Lender- may designate by notice to Grantor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Grantor or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note, this Deed of Trust and the Loan Documents shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust, the Note or the Loan Documents conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust, the Note or the Loan Documents which can be Deed o, f trust (Colorado) Page 9 of 13 given effect without the conflicting provision, and to this end the provisions of the Deed of Trust, Note and Loan Documents are declared to be severable. 18. Acceleration-, Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property), upon Grantor's breach of any covenant or agreement of Grantor in this Deed of Trust, or upon any default in a prior lien upon the Property (unless Grantor has exercised Grantor's rights under paragraph b above), or upon the death of any Grantor, or the dissolution, termination of existence, insolvency, business failure, appointment of a receiver of any part of the property of, assignment for the benefit of creditors by, or the commencement of any proceedings under any bankruptcy or insolvency laws of, by or against any Grantor, at Lender's option, all of the sums secured by this Deed of Trust shall accrue interest at the Default Rate and shall be immediately due and payable ("Acceleration"). To exercise the option of Acceleration, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Grantor of Grantor's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall .advertise the time and place of the sale of the Property, not less than four weeks in a newspaper of general circulation in each county in which the Property is. situated, and shall mail copies of such notice of sale to Grantor and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Grantor, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcel as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order; (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Grantor's Riaht to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. Assignment of Rents, Appointment of Receiver; Lender in Possession. As additional security hereunder, Grantor hereby assigns to Lender the rents of the Property; however, Grantor shall, prior to Acceleration under paragraph 18 (Acceleration; Foreclosure; Deed of Trust (Colorado) Page 10 of 13 Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18, (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Grantor or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice -- notice being hereby expressly waived. Upon Acceleration under paragraph 18, (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Release. Upon payment of all sums secured by this Deed of Trust (provided Grantor has requested the Note be canceled), Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Grantor shall pay all costs of recordation. 22. Waiver of Exemptions. Grantor hereby waives all right of homestead and any other exemption in the Property under state or federal Iaw presently existing or hereafter enacted. 23. Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. Upon Lender's demand therefor, subject to applicable law, Gmi for shall pay to Lender, on each day payments are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to 1/12th of the yearly taxes and assessments which may attain pHor7ity over this Deed of Trust, plus 1/12th of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or shortages. The principal of the Funds shall be held by the Lender in trust for the benefit of the Grantor and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Grantor any interest or earnings on the Funds. Lender shall give to Grantor, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. Tire Funds are pledged as additional security for the sums secured by this Deed of Trust. Deed of Trust (Colorado) Page 11 of 13 If the amount of the funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due, Grantor shall pay to Lender any amount necessary to make up the deficiency within 15 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Grantor requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Grantor any Fluids held by Lender. If under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no Iater than immediately prior to the sale of the Property or its acquisition by Lender, whichever occur first, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 24. Transfer of the Property. The following events shall be referred to herein as a "Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein) including without limitation the imposition of any liens or encumbrances without the prior written consent of Lender regardless of the fact that such liens are junior to the interest in favor of Lender created hereby; (ii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years; (iii) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive any of the membership, management, ownership or beneficial interests in any of Grantor; and (iv) the reorganization, liquidation or dissolution of any of Grantor. In the event of each and every Transfer, Lender may, but is not obligated, to exercise its option of Acceleration. Should Lender not elect to exercise its right of Acceleration upon the occurrence of such Transfer then, the mere fact of a lapse of time or the acceptance of payment or subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Additional Provisions. (a) Notwithstanding anything to the contrary contained herein and so long as there is no default under the Loan, Grantor shall be entitled to partial releases of any legally subdivided and legally separable part of the Property provided Grantor shall pay a partial release price to Lender for each part so released in an amount equal to the greater of: (i) ninety percent (90%) of the appraised value of such part, as determined by an appraiser satisfactory to Lender in Lender's sole discretion or (ii) one hundred percent (100%) of the net proceeds from the sale to a bona fide purchaser in an arms length transaction of the part to be so released. As used herein, net proceeds shall mean the gross sales price less reasonable and customary closing costs, which costs shall not exceed eight percent (8%) of the gross sale price. (b) The rights, benefits and obligations inuring to Lender by virtue of this Deed of Trust are completely separate and distinct from the rights, benefits and obligations inuring to Lender in connection with any other deed of trust which may, currently or in the future, encumber Deed of Trust (Colorado) Page 12 of 13 the Property and any and all instruments, documents and agreements executed in connection with any such deed of trust. The parties intend that the rights, benefits and obligations of this Deed of Trust shall not be merged in any manner, including, but not limited to the foreclosure of this Deed of Trust or of any other deed of trust originated or held by Lender. The parties intend the language of this section to be construed as broadly as possible in favor of Lender and preclude any merger of Lender's interests. (c) GRANTOR (AND EACH PERSON COMPRISING GRANTOR) HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING IN CONNECTION WITH THE NOTE, THIS DEED OF TRUST, OR IN ANY WAY RELATED TO THE NEGOTIATION, ADMINISTRATION, MODIFICATION, EXTENSION OR COLLECTION OF THE INDEBTEDNESS SECURED HEREBY, INCLUDING WITHOUT LIMITATION IN THE ENFORCEMENT OF THIS DEED OF TRUST. 26. Grantor's Copy. Grantor acknowledges receipt of a copy of the Note and this Deed of Trust. DATED AS OF March 17, 2017. GRANTOR: SHADOW HOMES, INC., A COLORADO CORPORATION By: Name: Kathleen Sorensen Title: President STATE OF 1 ) ) ss. COUNTY OF The foregoing was acknowledged before me this 1 7 day of . Z21' by Kathleen Sorensen, President of Shadow Homes, Inc., a Colorado corporation. WITNESS my hand and official seal. My convnission expires Not u [SEAL] MANDY 1 CUNNINGHAM NOTARY POBLIC STATE OF C010RA00 NCrARY ID 200MXM MY COMMISSION EXPIRES MARCH M 2" Deed of trust (Colorado) EXHIBIT A-1 PARCEL A: Page 13 of 13 THAT PART OF THE NORTH 1/2 OF THE NE 1/4 OF THE S1/4 OF THE SWI /4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE ABOVE TRACT, THENCE DUE NORTH 75 FEET, THENCE AT RIGHT ANGLES DUE WEST 297 FEET; THENCE AT RIGHT ANGLES DUE SOUTH 75 FEET; THENCE AT RIGHT ANGLES DUE EAST 297 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ABOVE PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 830 AT PAGE 554 IN THE RECORDS OF THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL B: THAT PART OF THE NORTH 1/2 OF THE NE 1/4 OF THE SIA OF THE SWI/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID TRACT, 297 FEET WEST OF THE NE CORNER OF SAID TRACT; THENCE SOUTH 180 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASE 25 FEET; THENCE SOUTH 75 FEET; THENCE WEST 25 FEET, THENCE NORTH 75 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL C: THAT PART OF THE NORTH 1/2 OF THE NE 1/4 OF THE SI/4 OF THE SW1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS, TO WIT: THAT PORTION OF LOT FIVE BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT, 214 FEET WEST AND 180 SOUTH OF THE NE CORNER OF SAID ABOVE DESCRIBED TRACT WHICH IS THE TRUE POINT OF BEGINNING: THENCE SOUTH 75 FEET TO A POINT; THENCE AT RIGHT ANGLES WEST 58 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTH 75 FEET TO A POINT; THENCE AT RIGHT ANGLES EAST 58 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO and commonly known as 6025 West 40th Avenue, Wheat Ridge, CO 80033 �v l 4L/ J please Return To A&S Lending 5600 S. puG1 00 80111 areenWOOd Village, Date of Assignment Assignee Address Assignor Address IIIdMf�NtlIhIIIII�NIIVll911 �° � 05/05/2017 08:58:46 AM 2 Page(s) JEFFERSON COUNTY, Colorado ASSIGNMENT OF DEED OF TRUST (COLORADO) Date of deed of Trust Recording Date of Deed of Trust County of Recording Recording Information of Deed of Trust March 17, 2017 a A&S Lending, LLC 5600 S Quebec Street, Suite 200B Greenwood Village, CO 80111 Merchants Mortgage & Trust Corporation 7400 East Crestline Circle, Suite 250 Greenwood Village, Colorado 80111 March 17, 2017 /n" 20, 7,01f. Jefferson as Reception No. 2()/ 10 7, y IV KNOW ALL MEN BY THESE PRESENTS that Shadow Homes, Inc. did grant, bargain, sell and convey the property described in the Deed of Trust, herein referred to as Deed of Trust, to the Public Trustee in the County in which said Deed of Trust was recorded, to be held in trust to secure the payment of a Promissory Note for the original principal sum of $283,500.00 together with interest. NOW THEREFORE, in consideration of good and valuable consideration paid to the assignor, the receipt and sufficiency of which is hereby acknowledged, the said assignor hereby assigns unto the said assignee, the said Deed of Trust and Note secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the property as more fully described in the said Deed of Trust referenced above. TO HAVE AND TO HOLD the said Deed of Trust and Note, and also the said property unto the said assignee forever, subject to the terms contained in said Deed of Trust and Note. This assignment and the covenants herein shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the assignor has executed this assignment the day and year first above written. MERCHANTS MORTGAGE & TRUST CORPORATION By: 4Q �J �. Name: Susan Aubin Title: Vice President STATE OF COLORADO ) )ss COUNTY OFARAPAHOE ) The foregoing instrument was acknowledged before me on March 16, 2017 by Susan Aubin as Vice President of Merchants Mortgage & Trust Corporation. WITNESS MY HAND AND SEAL My commission expires: rMAUREEN SULLIVAN STERNESKY Notary Public State of Colorado Notary ID # 20164038911 N,y'Commission Expires 10-12-2020 t Notary Public EXHIBIT A-1 PARCEL A: 0 THAT PART OF THE NORTH 1/2 OF THE NE 1/4 OF THE S1/4 OF THE SWI/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF THE ABOVE TRACT, THENCE DUE NORTH 75 FEET; THENCE AT RIGHT ANGLES DUE WEST 297 FEET; THENCE AT RIGHT ANGLES DUE SOUTH 75 FEET; THENCE AT RIGHT ANGLES DUE EAST 297 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ABOVE PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 830 AT PAGE 554 IN THE RECORDS OF THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL B: THAT PART OF THE NORTH 1/2 OF THE NE 1/4 OF THE S1/4 OF THE SWIM OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID TRACT, 297 FEET WEST OF THE NE CORNER OF SAID TRACT; THENCE SOUTH 180 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASE 25 FEET; THENCE SOUTH 75 FEET; THENCE WEST 25 FEET, THENCE NORTH 75 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO PARCEL C: THAT PART OF THE NORTH 1/2 OF THE NE 1/4 OF THE S1/4 OF THE SWI/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS, TO WIT: THAT PORTION OF LOT FIVE BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT, 214 FEET WEST AND 180 SOUTH OF THE NE CORNER OF SAID ABOVE DESCRIBED TRACT WHICH IS THE TRUE POINT OF BEGINNING: THENCE SOUTH 75 FEET TO A POINT; THENCE AT RIGHT ANGLES WEST 58 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTH 75 FEET TO A POINT; THENCE AT RIGHT ANGLES EAST 58 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO and commonly known as 6025 West 40th Avenue, Wheat Ridge, CO 80033 �`rgp-6.11 PSB Go ep City of W heat jdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h 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? Applicant: Applicant Present? Existing Zoning: Existing Comp. Plan: May 30, 2017 Zack Wallace Mendez, Planner II Wheat Ridge Municipal Center 6025 W. 40th Avenue Shadow Homes, Inc. Yes Katie Sorensen, President of Shadow Homes Yes Commercial -One (C-1) Neighborhood Existing Site Conditions: The property is located on W. 40th Avenue two lots to the west of Harlan Street. It is currently zoned Commercial -One (C-1). A small home built in 1952 and a small garage currently exist on the site. The home and garage have a total footprint of 811 square feet, sitting on a 7,797 square foot lot. A vacant parcel behind the main lot adds 6,229 square feet, totaling 14,026 square feet. The surrounding properties to the west, north, and northeast are also residential in nature despite being zoned C-1, and range from single-family to multifamily. Properties further to the west on 40th Avenue are zoned Residential -Two (R-2) and the two vacant lots to the east are zoned Residential -One C (R- 1 C), which allows small -lot single family homes. Properties across 40th Avenue from the site are also zoned R-3, but abut 39th Place, creating a condition where the rear yards of these homes abut 40th Avenue. One gravel driveway provides access from 401h Avenue; no curb, gutter, or sidewalk are present along the street frontage. Applicant/Owner Preliminary Proposal: The applicant has proposed a zone change to allow for an additional unit on the site. The applicant proposed a rezone to either Residential -One C (R -1C) or Residential -Two A (R -2A), but concluded that R -1C was more appropriate following comments from staff. The applicant favored the option of two single-family homes on the site over adding a duplex. The applicant is considering preserving the existing home but expanding the garage, and constructing a new home on the west side of the property. A flag lot was also considered, which would place the new www.ci.wheatridge.co.us Zone Change Process Step 1: Pre -application Meeting 1 Step 2: Neighborhood Meeting — -- Step 3: Submit Complete Application Step 4: Staff Review, Referral (Typically 15 days) _ 1.. Step 5: Comments to Applicant Changes Necessary? Yes 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) 1 Step 13: Packet to City Council for Public Hearing City of ` W heat j�idJge MLJNITY DEVELOPM NT E 6025 W. 40th Avenue Proposed zone change from Commercial -One (C-1) to Residential -One C (R -1C) a S a� CL a) _ � > Q O CD N s C w M L _ • >., LO Z O to z a E m z �I N C'7 In Cfl vi Q E m z �I N C'7 In Cfl &)0 () k1 QO2 M o0 D M FE -T -7N � 1 39TH AVE APARTMENTS LLC 3HTI LLC 80212 PROPERTIES LLC PO BOX 6769 04035 FENTON CT 12163 W 30TH PL DENVER CO 80206 WHEAT RIDGE CO 80212 LAKEWOOD CO 80215 ALFREY DIANE A ALLDREDGE ROBERT L ARMENDARIZ EDEN R 13715 TEAL CREEK CT 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CURRENT RESIDENT 05898 W 39TH PL 03915 INGALLS ST 04000 JAY ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 CURRENT RESIDENT 03845 HARLAN ST WHEAT RIDGE CO 80033 City of Wh6at�idge COMMUNITY DEVELOPMENT PRE -APPLICATION MEETING SUMMARY Meeting Date: April 13, 2017 Applicant: Dan Sorensen, Shadow Homes Sean Gribbons, Buildings & Residences Attending Staff: Meredith Reckert, Senior Planner Mark Westberg, Projects Supervisor Zack Wallace Mendez, Planner II Scott Cutler, Planning Technician Specific Site Location: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: 6025 W. 40`h Avenue Commercial -One (C-1) Neighborhood The property is located on W. 40`h Avenue two lots to the west of Harlan Street. It is currently zoned Commercial -One (C-1). A small home built in 1952 and a small garage currently exist on the site. The home and garage have a total footprint of 811 square feet, sitting on a 7,797 square foot lot. A vacant parcel behind the main lot adds 6,229 square feet, totaling 14,026 square feet. The surrounding properties to the west, north, and northeast are also residential in nature despite being zoned C-1, and range from single-family to multifamily. Properties further to the west on 40"' Avenue are zoned Residential -Two (R-2) and the two vacant lots to the east are zoned Residential -One C (R- 1 C), which allows small -lot single family homes. Properties across 401h Avenue from the site are also zoned R-3, but abut 39`h Place, creating a condition where the rear yards of these homes abut 40`' Avenue. One gravel driveway provides access from 40`h Avenue; no curb, gutter, or sidewalk are present along the street frontage. Applicant/Owner Preliminary Proposal: The applicant has proposed a zone change to allow for an additional unit on the site. The applicant proposed a rezone to either Residential -One C (R -1C) or Residential -Two A (R -2A), but concluded that R -1C was more appropriate following comments from staff. The applicant favored the option of two single-family homes on the site over adding a duplex. The applicant is considering preserving the existing home but expanding the garage, and constructing a new home on the west side of the property. A flag lot was also considered, which would place the new construction in the rear of the site with a long driveway. The applicant more closely considered the option that would divide the site into two narrow lots, with a new home on the empty west lot. Home construction options in a traditional, farmhouse style were presented. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood meeting is required for a zone change. Planning comments: The following items were discussed based on the applicant's proposal: Zoning & Use Both parcels are currently zoned Commercial -One (C-1), which allows for a wide variety of general business and retail uses. The existing structures on the property are consider legally nonconforming structures and use. These structures can remain on the property in perpetuity but cannot be expanded. Under current zoning conditions, an additional home on the west side of the property could not be built. In order to change or intensify the use of the site, a rezone is required. Staff recommended a zone change to Residential -One C (R -1C), which allows for small -lot single family homes. In the R -1C zone district, each single family home must have a minimum 5000 square foot lot size with a minimum width of 50'. Due to the prevalence of small -lot single family on 39' Place and Ingalls Street, and the vacant neighboring parcels zoned R -1C, staff determined R -1C is the most appropriate zone for this site. The other proposed zone, Residential -Two A (R -2A), would prevent the site from being developed to its full potential, only allowing one duplex due to lot width requirements. Staff recommended against pursuing a variance to allow three units on the site with R -2A zoning. Pending a successful rezone, homes built on lots zoned R -1C are subject to the City's Bulk Plane Ordinance. Refer to the attached ordinance for more information. Site Improvements & Landscaping Paved driveways will be required for both residences. One street tree per 70 feet of street frontage shall be placed within the front setback. No less than 25% of the gross lot area—including no less than 100% of the front yard, excluding driveways and sidewalks—shall be landscaped. Only 50% of the landscaping may be comprised of turf; the use of low water demand turf varieties such as buffalo grass, blue gramma grass, and tall fescue is encouraged. Subdivision A subdivision will be required if the rezone is successful. Subdivisions with three or fewer lots are subject to an administrative review process. An option for the applicant would be to process the two applications at the same time. Only the zone change would be subject to the public hearing process. 2 Staff proposed two subdivision options that would meet the requirements for the R -1C zone: The first is a "flag lot" option, which would allow for a second lot behind the existing home with a 25' wide driveway connection to W. 40th Avenue. This option retains the existing home and allows for the expansion of the existing garage, and retains the large front yard at the expense of a rear yard. The second option is dividing the property into two narrow lots with 50'-55' of frontage on W. 40`s Avenue each. This would allow for the construction of a second home in line with the existing home and the homes immediately to the west. Both homes would feature large, narrow back yards with options for a shared driveway and/or rear garages. Staff recommended the applicant reach a conclusion before the required neighborhood meeting so that the public can see a more complete vision for the site. Parkland Fees -in -lieu of parkland dedication in the amount of $2,497.29 is required for each new housing unit constructed in the City of Wheat Ridge. With one existing home on the site, the developer will be credited for that unit and will be responsible for parkland dedication fees for any units added. The parks fees must be paid at the time of Mylar submitted for recording. A Subdivision Improvement Agreement with security will be required at that time as well. Utility Providers The City of Wheat Ridge is not a full-service city. The utility and service providers for this property include: • West Metro Fire Protection District, phone: 303-989-4307 • Wheat Ridge Water District, phone: 303-424-2844 • Wheat Ridge Sanitation District, phone: 303-424-7252 All land use applications will be sent out on referral to these agencies for comment; however, staff encourages potential applicants to contact service districts ahead of time. This may help to understand any design or infrastructure requirements and potential costs associated with the proposed project. Building Division comments: No one from the Building Division was present at this meeting. New construction will require building permits, and the issuance of a Certificate of Occupancy upon completion of the project, and only after passing all of the required inspections. The City has adopted and currently enforces the 2012 Edition of the International Codes and the 2014 Edition of the National Electric Code. The City uses the ANSI 117.1-2009 Standard in determining requirements related to accessibility. Public Works comments: The following items were discussed based on the applicant's proposal: Access c& Circulation If a flag lot is considered, the applicant should contact West Metro Fire Protection District concerning site access. Right-of-way Dedication A dedication of 6.5' along the W. 40'' Avenue frontage is required to provide adequate room for the required installation of roadway improvements. A new 5' attached sidewalk and 6" vertical curb and gutter is required along the entire frontage, aligned two feet south of the new right-of-way line. Refer to the attached Public Works comments for more detailed information. Review Process Zone Chanize Process After the pre -application meeting, the next step in the zone change process is to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 - foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 - foot radius. A sample notification letter is attached and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member. Meetings are typically held at City Hall. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed; planning staff will be present to describe the zone change process. After the neighborhood meeting is held, the applicant may submit a formal application for the zone change. An appointment with a planner is required to submit the application. The application must include a written justification of the requested zone change to MU -N. Please refer to the zone change application checklist that is attached to this summary and was distributed at the pre -application meeting. After the application is submitted, a case manager will review it for content. If all submittal requirements have been met, the application will be sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. After all comments have been received, the case manager will forward those to the applicant. Modifications to the application may be required as a result of these comments. Once all comments and requirements have been met, the zone change application can be scheduled for public hearing in front of Planning Commission. The Planning Commission is a body of appointed Wheat Ridge citizens that reviews various land use proposals and makes a recommendation to City Council. Publication in the Wheat Ridge Transcript, notice to landowners within 300 feet, and posting signs on the property are required prior to the Planning Commission hearing. The City will coordinate the publication, will mail notices of the hearing, and will provide the applicant with the posting signs. The notifications and postings must occur at least 15 days prior to the public hearing. Using the criteria in Section 26-112.13 of the Municipal Code, the case manager will prepare a staff report and make a recommendation to present at the Planning Commission public hearing. After the staff report is presented at the hearing, the applicant and members of the audience will be allowed to give testimony regarding the application. Generally, a decision for recommendation will be made at the end of the public hearing; sometimes a case will be continued to another hearing date for further study and input. 4 Regardless of the Planning Commission recommendation, the case is automatically scheduled for public hearing in front of City Council. The zone change requires two readings and must be approved by ordinance by the City Council. The first reading of the ordinance is not a public hearing and no testimony is given regarding the case. The first reading date is solely for the purpose of publicly setting the date for the public hearing. The second reading of the ordinance is a public hearing. The same requirements for landowner notification and posting will be followed as for the Planning Commission public hearing. A staff report with recommendations will be presented at the public hearing. If approved, the zone change ordinance goes into effect 15 days following the final publication of the ordinance. Subdivision Process After the pre -application meeting, a formal application may be submitted. Applications must be submitted by appointment with a planner. Incomplete applications will not be accepted. Refer to the City's webpage for the application checklist: http://www.ci.wheatridge.co.us/400/Subdivisions. 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. For administrative plats (three lots or fewer), once all comments have been addressed to the case manager's satisfaction, the plat can be approved by the Community Development Director. 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: Public Works Comments/Aerial, Bulk Plane Ordinance 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 Zack Wallace Mendez — Planner II 303-235-2852 Scott Cutler — Planning Technician Mark Westberg — Projects Supervisor Dave Brossman — Development Review Engineer Brian Tardiff — Acting Chief Building Official 303-235-2849 303-235-2863 303-235-2864 303-235-2850 CD p? N (� O O G. N �M rD 0 opr-�-- - ..AQ I0 O D (7 D Z r D Z � � o o < 1 ' m I A,/ 1 �S S ? All Q a) O a C) co (A r City of Wheat Midge PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 April 13, 2017 Pre -Application Meeting 6025 W. 400 Avenue (Sorensen) Public Works Requirements: The Department of Public Works performs all reviews electronically. Unless specified otherwise, all submittals must be in PDF file format. The following shall be submitted for review and approval with the Final Plat Application: Final Plat: A Final (Subdivision) Plat may be required. All plat submittals must adhere to the following: a. City -based bearings/coordinates shall be used per Section 26-410 of the Municipal Code of Laws. The City is currently on a ground-based modified form of the NAD83/92 State Plane coordinate system. b. All section ties shall be to Section or'/ Section corners or City of Wheat Ridge PHAC points only — aliquot corners cannot be used as section ties. c. To be approvable the Plat will need to contain all items found in the Final Plat Review and Geodetic Surveying Requirements checklists found on the City's website. d. PW submittals shall be submitted in the form of: i. 1 file in AutoCAD DWG 2015 or older format (including all associated SHX and external reference files), AND ii. 1 file in PDF format (see Note 1 below). NOTE: Please be advised that plats cannot be reviewed without BOTH of these files. 2. Final Plat Supporting Documents (required by the Municipal Code of Laws): a. Geodetic Surveying Requirements: An initialed Geodetic Surveying Requirements checklist shall accompany all Final Plat submittals. The plat must contain all items from this checklist to be approvable. b. Closure Sheets: Closure sheets for the platted boundary and all internal lots shall accompany the Final Plat submittal; boundary must close within the 1:50,000. 3. ROW Dedication: To provide adequate room for the required roadway improvements meeting current standards, a 6.5' wide strip of land along the West 40'' Avenue frontage shall be required. The Right -of -Way dedication will need to be shown on the Final Plat as "6.50' WIDE STRIP HEREBY DEDICATED AS PUBLIC ROW BY THIS PLAT", and the City acceptance block showing the Mayor's acceptance will need to be included on the plat. www.ci.wheatridge.co. us Public Works Engineering April 13, 2017 Page 2 NOTES: 4. Construction Plans: Construction Plans signed and sealed by a Professional Engineer licensed in the State of Colorado, shall be required for the street improvements across the West 40th Avenue frontage. Provide a street plan & profile with cross-sections on 10' stations (from the south flowline to 10' beyond the proposed back of the new sidewalk on the north) for the proposed 6" vertical curb & gutter and monolithic attached 5' sidewalk for the entirety of the West 40th Avenue frontage. Include the CDOT M-609-1, Curb, Gutters, and Sidewalks detail sheets in the plan set. The new 6" vertical curb & gutter with 5' monolithic sidewalk should be constructed using the following: a. Align the back of the new sidewalk two (2) feet south of the new Right -of -Way line (subsequent to the 6.50' dedication). b. Provide a ten (10) foot transition from the new alignment to the existing, substandard curb, gutter, and attached sidewalk lying to the west. 1. Information pertaining to the Public Works development requirements, Site Drainage Requirements, the City's Street Construction Details in AutoCAD® DWG format, ROW maps, and City -based coordinate and land surveying information (i.e., Current City Datum), is all available on the Public Works, Development Review and Land Surveying pages of the City of Wheat Ridge website at: www.ci.wheatridize.co.us 2. NOTE: Submittals will not be considered as being under review until all of the above stated submittal requirements have been received. Incomplete submittals will be returned to the applicant without being reviewed. www.d.wheatridge.coms (04-13-17) 6025 W40thAve_Sorenson.docx �of Wh.&atP,tdg.0 Geographic Information Systems Le end _ _. _ _ _ —_ -41ST AV QSubject Property t `' Commercial -One (C-1) Residential -One C (R -1C) ` Residential -Two (R-2) Residential -Three (R-3) --- 40TWAVE IL - ----- State Plane Coordinate Protection NColorado Central Zone 40M Datum NAD83 nk _. _.. _._�,..w._ � n, r. o,o�.i roo...«use• e� pap,°.<«a o.'.ry,n,: •eex• a..«�. rattysir �,ry e• Rep. Re 5» e� .n t+ sellar « irR a b+.,q. , ,.WeR•ro a.w . e.-yrry p^„R' snn�m-. a�- K e4+nee Yorpe ,roue xyp «. Nx .rpmeenw• +Rees, np-.�•«e eniRp, .r �of W heat 1 icigc- Geographic v Information Systems - legend - - _ - 41ST- A. QSubject Property, r J:ir. !� t !- r `J ' fit. f r d i g - -- 40TH AVE V State Plane Coordinate Protection N Colorado Central Zone Datum NAD83 N .t — o-+narer ren n.... uv»� w.rvu• ,� peayu•< sv o+-op.s..:.+,,,...u� aw.y xr Sfo e' Csaroe . YniiN b m wyt m^T. crM.nm. dOaM Yacarx NM n'N+pw'rnf arata��u 39TH PL �,": �r°w a:... �(/ City of PRE—APPLICATION MEETING REQUEST FORM Community Development Department 7500 West 29t4 Avenue • Wheat Ridge, CO 80033 • Phone_ (303) 235-2846 Thank you for your interest in scheduling a pre -application meeting with the City of Wheat Ridge, we look forward to reviewing your request and meeting with you. The pre -application meeting process was established to provide an opportunity for potential applicants to meet with the City of Wheat Ridge's Development Review Tease to discuss development proposals and learn more about the City's technical and procedural requirements, which are often unique to each zone district, development proposal, floodplain designation, etc. Pre -application meetings are required prior to the submittal of most land use applications. geyof Wheat Ridges Development Review Team has establirs-application meetings: 2-3pm and 3-4pm. Once the form below and any necessary materials are submitted, you will Thuday for be contacted by the Community Development Department to schedule a pre -application meeting. Meetings will be scheduled no earlier than 7 business days from the date you are contacted. However, it is not uncommon for pre - application meetings to be booked several weeks out. A $200 fee is required for a pre -application meeting. This fee is payable by cash, check, Visa or MasterCard at your scheduled meeting time. Contac, Inf rmatio Name o� d Phone — -S W `mail Address, City, State, Zip G -c i Additional Contac�fo�atiioon (if necessary) Name d Phone 3- ?Yr 3' 3Emai13 Address, City, State, Zip f I 6ess to Site Location (address): &0s,*Cj i„� .W q4 -k . aL Relevant land use processes you are inquiring about (check one or more of the actions listed below which pertain to your meeting): ubdivision Lot Consolidation O Planned Building Group O Variance 0 Specia Conditional Use Permit -A Planned Development 0 Major remodel or change of use AiMezonin Site Plan O Other: g At a minimum, two items are necessary to properly review your proposal prior to the pre -application meeting: a narrative and site plan. The narrative must provide enough detail to adequately describe the scope of work being .proposed. It is acceptable for the site plan to be preliminary in nature; it is not required to be professionally drawn but should be scaled, labeled, and legible. The narrative and site plan will need to be submitted prior to scheduling your pre -application meeting. Please contact Tammy Odean at 303-235-2846 or todean@ei.wheatridge.co.us for any questions regarding submittal requirements. The more information you can provide regarding a project, the more productive a pre -app meeting can be. Please also consider submitting the following items if they are available: a survey or TLC of the property, subdivision sketch plan (if subdividing or platting), conceptual landscape plans, and conceptual architectural plans or examples. If you have been in contact with a Staff member prior to filling out this request please indicate their name below: Approximate date of contact: H 13 r o—M'Itr Acknowledgements I acknowledge that I must submit a narrative and preliminary site plan, and any other relevant documentation to with the Wheat Ridge Planning Division with this request form rior to being contacted to schedule a pre - application meeting. I will submit the following information concurrently with this form (* denotes a required submittal: Qa`r,1�—AProposal Narrative* O Concept landscape plans ) Site Plan*O Conceptual Architectural Plans/ Examples v� ey or ILC O Subdivision sketch plan I acknowledge that there is a $200 fee for the pre -application meeting, payable by cash, Visa, MasterCard, or check payable to the 'City of Wheat Ridge' at the time of my scheduled pre -application meeting. Submit You have two options for submitting this form: 1) Click the button below to submit this completed PDF via e-mail. Please attach the necessary submittal items (narrative and site plan, at a minimum) to the e-mail with this form. Meeting request forms sent without the necessary submittal requirements will be considered incomplete and will not be scheduled for a pre -application meeting. t 'dfck here to submitdrjn-tea Qmaal 2) Print and mail, or drop off, the form to: City of Wheat Ridge c%PlanninfDivision (Pre Application) 7500 W. 29` Avenue Wheat Ridge, CO 80033 To be tilled out by staii; Date request received Pre -app meeting date Case Manager Date submittals recd Fee Received Due Diligence Complete s�