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HomeMy WebLinkAboutWZ-18-06City of OM W heat "idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. May 17, 2018 Luis Beilich 3161 Johnson Lane Erie, CO 80516 Dear Mr. Beilich: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of May 14, 2018, City Council APPROVED Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The requested zoning has been found to comply with the "criteria for review" in Section 26- 112.E of the Code of Laws. If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Draft of Minutes cc: WZ-18-06 (case file) WZ1806.doc ww,,s.ci.wheatridge.co.0 s Deputy clerk Eaton responded to Mr. Menendez that it was not in effect. Councilmember Mathews asks if more residences would be allowed under the mixed use neighborhood zoning. Mr. Menendez answered that under the MUN they would be allowed up to 21 units per acre depending on parking, draining and other requirements. This area could be entirely residential or commercial or a mix of the two. Mayor Starker closed the public hearing. Motion by Councilmember Dozeman to approve Council Bill 10-2018, an ordinance approving the Rezoning of property located at 11221 W. 44th Avenue from Commercial - One (C-1) and Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) on second reading, and that it take effect fifteen days after final publication for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws. seconded by Councilmember Urban; carried 8-0 r 3. Council Bill 11-2018 —An Ordinance approving the Rezoning of property located at 4650 Wadsworth Blvd. from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) (Case No. WZ-18-06/Bielich) V The applicant is requesting the zone change to allow medium density mixed-use development to include residential, office use, and a range of neighborhood—serving commercial and retail uses. Councilmember Urban introduced Council Bill 11-2018. Deputy Clerk Eaton assigned Ordinance 1644. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Scott Cutler presented. • He entered into the record the case file and packet materials, the zoning ordinance, the Comprehensive Plan and the contents of the digital presentation. • He testified that all posting and notification requirements had been met. • Then property is approximately 1/3 acre and is located on the east side of Wadsworth. • The property contains one structure, a duplex that was built in 1951. • The zone change will allow the property to be developed with commercial uses, residential units, or a mix of the two. Neighborhood meetings were held with six people in attendance with items like setbacks, buffering and landscaping being discussed. There have been no calls or letters for any of the previous public hearings on this matter. There also were no comments or concerns from utility agencies or other agencies during the referral period. Any changes to this rezoning will need site plan reviews to make sure it meets city standards. The applicant was available for questions from Council but declined to come forward. Public comment Dan Grant (WR) lives in the property directly behind and also attended the neighbor meeting. Not sure of what the plans are but they are wanting to build a two story four- plex with possibly 3 bedrooms apiece. That could mean 12 — 16 more people in this small facility with more cars, pets and wonders how many people would be allowed. Concerns were expressed for the type of tenants, parking and if a young professional would want to be living next to massage parlor and is against this zoning change. Nancy Roman (WR) believes that there is far too much of a concentration of residents in that small area, with noise concerns already. Mayor Starker opens up the hearing for council questions Council Questions Councilmember Duran asked the applicant to address the council to discuss the plans and if any of the new units will be market rate. The applicant Mike Nguyen really wants to invest in Wheat Ridge and originally we knew it was going to be expanded. The City of Wheat Ridge is investing around this location and what we know is rentals. The area is really tough on Wadsworth Blvd. and doesn't lend well to residents. We think that with a mixed use zoning, it would be the best way to invest in it. Councilmember Mathews inquired that as it's about one third of an acre, with the landscaping and everything else being taken out, how much total building area could there be. Scott Cutler can't give the exact figure but estimates that 5 units could go in there depending on parking and other restrictions. He hasn't seen the final version so he cannot answer at this time. The applicant Mike Nguyen states that the widening project will take out almost the entire front yard almost to the front door of the existing building. We can't fit 12 people in the units and there are rules in place that won't allow it. Councilmember Urban asks why they are looking at mixed use neighborhood in this area versus mixed use commercial when the surveyor pian call for commercial. Mr. Cutler responds that MUN is less intensive uses and larger building sizes. As the lots are kind of small it's more of a transition feel. Mayor Starker closed the public hearing. Motion by Councilmember Urban to approve Council Bili 11-2018, an ordinance approving the Rezoning of property located at 4650 Wadsworth Blvd. from Residential - Two (R-2) to Mixed Use -Neighborhood (MU -N) on second reading, and that it take effect fifteen days after final publication for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the criteria for review in Section 26-112.E. of the Code of Laws." seconded by Councilmember Duran. Councilmember Mathews spoke about being concerned about MUNs taking over, and wishes we had a more comprehensive way to look at small parcels and give a lot of latitude to build straight up. It was notified that the suggested motion was read from the planning commission which was allowed by City Attorney Dahl, as it was the sense of the motion that was spoken on. ///k he motion carried 7-1, with Councilmember Mathews voting no. ORDINANCES ON FIRST READING 4. Council Bill 13-2018 — An Ordinance approving the Rezoning of property located at 12600 West 42nd Avenue from Agriculture -One (A-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (ODP) (Case No. WZ-18-081Ball) The applicant is requesting a zone change to approve a list of limited commercial uses for future development of the property. The Outline Development Plan also depicts the general location of building footprints, parking areas and perimeter landscape buffers. J� J� City of r �U lWheat�idge LIN„ ,� ►� c1il I ITEM NO: 3 DATE: May 14, 2018 REQUEST FOR CITY COUNCIL ACTION D TITLE: COUNCIL BILL NO. 11-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4650 WADSWORTH BOULEVARD FROM RESIDENTIAL -TWO (R- 2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-06/BIELICH) ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS QUASI-JUDICIAL: /1 ❑ ORDINANCES FOR 1 ST READING (04/23/2018) ® ORDINANCES FOR 2ND READING (05/14/2018) Community Developinent Director ❑ NO City Manager ISSUE: The applicant is requesting approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. The proposed rezoning area includes one parcel, the total size of which is approximately one-third of an acre. PRIOR ACTION: Planning Commission heard the request at a public hearing on April 5, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting are attached for reference and to be taken into consideration when taking action on the ordinance at second reading. City Council introduced the ordinance on first reading on April 23, 2018, and set the public hearing date. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $825 were collected for the review and processing of Case No. WZ-18-06. Council Action Form — Rezoning Property at 4650 Wadsworth Boulevard May 14, 2018 Page 2 BACKGROUND: The subject property is located at 4650 Wadsworth Boulevard. The property is approximately a third of an acre in size and located on the east side of Wadsworth Boulevard, between W. 46' Avenue and W. 48th Avenue. Currently the property contains one structure, a duplex. The duplex was built in 1951, per the Jefferson County Assessor. There is a parking area in the front of the duplex as well as additional space in the rear of the lot, which is currently gated. Surrounding Land Uses The property is currently zoned Residential -Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46th Avenue, the Wadsworth corridor transitions to smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R -C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential -Three (R-3), and the property at the corner of W. 47th Avenue and Wadsworth is zoned Mixed -Use Neighborhood (MU -N); both properties contain residential uses. Current and Proposed Zoning The property is currently zoned Residential -Two (R-2). This zone district allows single-family homes, duplexes, and associated home occupations. The applicant is requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. Referral Process The case has been through a standard referral process. All referral agencies are currently serving the property and have no objections to the request. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant's request for a zone change. A detailed staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. As detailed in the attached staff report, staff and the Planning Commission are recommending approval of this request. Council Action Form — Rezoning Property at 4650 Wadsworth Boulevard May 14, 2018 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2018 an ordinance approving the rezoning of property located at 4650 Wadsworth Boulevard from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the "criteria for review" in Section 26-112.E of the Code of Laws." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner I Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2018 2. Planning Commission staff report and attachments 3. Planning Commission hearing minutes CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4650 WADSWORTH BOULEVARD FROM RESIDENTIAL -TWO (R-2) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-06 / BIELICH) 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, Luis Bielich has submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 4650 Wadsworth Boulevard; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses and reinvestment along Wadsworth Boulevard by virtue of it being designated a primary commercial corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 5, 2018 and voted to recommend approval of rezoning the property to Mixed - Use -Neighborhood (MU -N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Luis Bielich for approval of a zone change ordinance from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A parcel of land situated, lying and being in the County of Jefferson, State of Colorado, described as follows, to wit: LOT 5, BLOCK 1, CLEAR CREEK VISTA, EXCEPT THE WEST 10 FEET OF SUBJECT PROPERTY AS CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY THE STATE OF COLORADO IN DEED RECORDED MAY 13, 1959 IN BOOK 1193 AT PAGE 189, 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. ATTACHMENT 1 Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; 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 23rd day of April, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, May 14, 2018 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2018. SIGNED by the Mayor on this day of , 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: April 26, 2018 2nd publication: Wheat Ridge Transcript: Effective Date: City of W1eat i e CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission MEETING DATE: April 5, 2018 CASE MANAGER: Scott Cutler CASE NO. & NAME: WZ-18-06 /Bielich ACTION REQUESTED: Approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N). LOCATION OF REQUEST: 4650 Wadsworth Boulevard APPLICANT (S): Luis Bielich OWNER (S): ML Rentals LTD (Luis Bielich and Mike Nguyen) APPROXIMATE AREA: 14,505 square feet (0.33 acres) PRESENT ZONING: Residential -Two (R-2) COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: _,�` `�"' __. m"`�`� �° ��-•. ��-- ��, (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map 3ehiMfc! M �r.. Planning Commission ATTACHMENT 2 ' Case No. WZ-18-06 /Bielich Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of the property at 4650 Wadsworth Boulevard are requesting approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N). The zone change will allow the property to be used for residential or commercial uses, as well as a mix of residential and commercial uses (mixed-use or live/work). II. EXISTING CONDITIONS The subject property is located at 4650 Wadsworth Boulevard. The property is approximately a third of an acre in size and located on the east side of Wadsworth Boulevard, between W. 401' Avenue and W. 48a' Avenue. Currently the property contains one structure, a duplex (Exhibit 1, Aerial). The duplex was built in 1951, per the Jefferson County Assessor. There is a parking area in the front of the duplex as well as additional space in the rear of the lot, which is currently gated. The property is zoned Residential -Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46`i' Avenue, the Wadsworth corridor transitions to smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R -C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential -Three (R-3), and the property at the corner of W. 47°i Avenue and Wadsworth is zoned Mixed -Use Neighborhood (MU -N); both properties contain residential uses (Exhibit 2, Zoning Map). III. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. The property is currently zoned Residential -Two (R-2). This zone district was established to provide high quality, safe, quiet, and stable low to moderate -density residential neighborhoods. The applicant intends to rezone the property in order to potentially redevelop the rear portion of the property for residential use. However, no plans have been submitted, and any redevelopment of the property would require a Site Plan review which is a separate application process. The applicant has stated they believe the zone change would bring the property into conformance with the surrounding zoning designations, since most properties are zoned for mixed-use or commercial uses (Exhibit 3, Applicant Letter). The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. In terms of permitted uses, MU -N allows commercial uses whereas the R-2 zone does not (with the exception of approved home occupations). In terms of Planning Commission Case No. WZ-18-06 / Bielich residential uses, MU -N is more flexible because the R-2 zone district only allows single-family homes and duplexes. The MU -N zone district could allow approximately 6 residential units on the property, or 4 new dwelling units if taking into account the existing duplex, shown in Exhibit 4, Site Photos. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to expand residential uses on the property. They could also incorporate neighborhood -serving commercial uses, which are currently prohibited on the property but permitted on the properties zoned RC to the north and south. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU -N zone district is more appropriate than R-2 in terms of allowed land uses and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). The MU -N zoning is expected to add value to the subject property. The mixed use development standards will support compatibility between future redevelopment and existing land uses. In addition, any MU -N building containing residential is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. The design standards for MU -N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Planning Commission Case No. WZ-18-06 I Bielich CURRENT ZONING PROPOSED ZONING Residential -Two -2 Mixed Use -Neighborhood (MU -N) Allows single-family homes and Allows residential, commercial or mixed Uses duplexes, and associated home use — includes multi -family and live/work occupations facilities Mixed -Use standards apply, including high Architectural Standards None quality architecture, standards related to articulation, variation and materials. Max. Building Height 35' 35' if the building has residential use 50' for all other uses Max. Lot coverage 40% 90% for mixed use85% for single use Min. Landscaping 25% of lot at 100% of front yard 10% for mixed use exclusive of driveway and sidewalk 15% for single use Build -to Area 0-20' along front property line (property 0-12' along front property line is in Contemporary Overlaydistrict Setbacks East (rear): 10' (1-2 story building) or 15' East (rear): 10' (3 -story building) North & South (side): 5' per story North & South (side): 0' (since the property abuts commercial uses IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to expand residential uses on the property. They could also incorporate neighborhood -serving commercial uses, which are currently prohibited on the property but permitted on the properties zoned RC to the north and south. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU -N zone district is more appropriate than R-2 in terms of allowed land uses and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). The MU -N zoning is expected to add value to the subject property. The mixed use development standards will support compatibility between future redevelopment and existing land uses. In addition, any MU -N building containing residential is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. The design standards for MU -N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Planning Commission Case No. WZ-18-06 I Bielich Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A Site Plan review and building permits will be required for any new construction on the site, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Wadsworth Boulevard is a primary north -south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 4, Comprehensive Plan). This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed-use goals for this corridor. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-2 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Planning Commission 4 Case No. WZ-18-06 /Bielich Commercial development along the Wadsworth Boulevard corridor continues to intensify. Staff believes low-density residential zoning along the Wadsworth corridor does not reflect the reality of Wadsworth as a major regional arterial. Based on recent intensification of land uses along Wadsworth, both residential and commercial, Staff concludes that there are changed conditions which make this property undesirable to be limited to low-density residential use. Staff concludes that this criterion has been met. 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. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on February 13, 2018. Six members of the public attended the meeting in addition to the applicant and staff. In general, most of the attendees were supportive of the request. However, some concerns were raised by a neighbor over rear setbacks, increased density, and privacy; these concerns and the discussion from the meeting are summarized in the meeting summary (Exhibit 6, Neighborhood Meeting Notes). One letter of support was received prior to the neighborhood meeting (Exhibit 7, Letter of Support). As of the date of distribution of this staff report, March 30, 2018, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Wheat Ridge Building Division: No comments. West Metro Fire Protection District: No concerns. Future site plans are subject to review by West Metro. Xcel Energy: No concerns. Century Link: No concerns. Planning Commission Case No. WZ-18-06 /Bielich Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments. Colorado Department of Transportation: No comments. 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 primary commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-06. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard, 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 Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request." Option B• "I move to recommend DENIAL of Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard, for the following reasons: 1. 2. » Planning Commission Case No. WZ-I8-06I Bielich EXHIBIT 1: AERIAL :. "r l LY of - W heatdge ,.th`p i Geographic Information Systems --� _ ,7 — < ' • "+f 7 r ri- 4 i Legend FE;"t ; QSubject Property 4 4TTH'AVE -- --- .".. '1. Alf\ • � a ,• f�4 tti eq �n9 � y)1' � W' +� "JI LU T �� '-r � •I f7l t 21 - ' t«�-.fir •,� 'i t_ r_ ... _ tr.?� '� '� , t - Slate Plane Coordinate Protection` N �. - - x a Central D.W.: Zane �, r ;� Datum NAD83 N 1 G i Planning Commission 7 Case No. WZ-18-06 /Bielich EXHIBIT 2: ZONING MAP Wheat I c e i T e .., r;4!7 t Geographic { F��' t Information Systems T• t _ if r Leaend F +Fs Subject Property * i Residential -Two (R-2) f �' •iVVYWARMWems. Residential -Three (R-3)# 't Mixed Use - Neighborhood (MU -N) Restrictedr�. Commercial (RC) Neighborhood G rte j i€• - �""` ' Commercial (NC) Y Commercial -One (C-1) irkY Planned Commercial �`�� Development (PCD) h ; a F 1111 r'` m � W �- W MiNkL H67' f- e* Vii: --- 46TH AVE t j e D Stale Plane Ce dimte P,.lnWn N r pdmNA083 Cobdo Zone /, 83 N . ., �i} ' � i .ewe •• •wa W•wrnlMr w.c-rr rs�r�Y�R'�ev .s•r+e c�yvi�R`mmnwiv n NFwn� Y. Planning Commission 8 Case No. 917-18-06 /Bielich EXHIBIT 3: APPLICANT LETTER ML - E 3161 Johnson Ln Erie, CO 80516 MLRentals.colorado@gmail.com (720) 507-1657 ML Rentals is proposing to rezone the property located at 4650 Wadsworth Blvd from R2 to MU_ N. The zone change promotes the health, safety, and general welfare of the community as it would enable further development in the backyard which is currently undeveloped and it is prone to dumping or collection of trash. This is especially true once the streets are widened and the sidewalk is located closer to the fence to the backyard. The infrastructure and facilities nearby already serve commercially zoned properties to our next door neighbors. Since our surroundings are already zoned as commercial, we believe that rezoning the property as MU -N would bring the property into conformance with the City of Wheat Ridge comprehensive plan goals, objective and policies and other city -approved policies or plans for the area. Best Regards, Luis Bielich & Mike Nguyen ML Rentals Planning Commission Case No. WZ-18-06/Bielich EXHIBIT 4: COMPREHENSIVE PLAN Subject Parks and Open Space Neighborhoods see Chapter 3 Criteria /or diRererent Neighborhood types �H N Primary Gateway Primary Commercial (Intersection of Corridor Wadsworth & I-70) (Wadsworth Boulevard) Planning Commission 10 Case No. WZ-18-06 / Bielich EXHIBIT 5: SITE PHOTOS View of the subject property looking east across Wadsworth Boulevard. The existing duplex is in the middle of the photo, and the front yard landscaping box can be seen as well. The properties to the left and right of the subject property are zoned Restricted Commercial and contain commercial uses. Planning Commission Case No. WZ-18-06 /Bielich KPI The subject property from Wadsworth Boulevard showing the front/side yard and the neighboring commercial properties. There is access to the large rear yard through the gate on the right. (Source: Google Street View, May 2017) Planning Commission 12 Case No. WZ-18-06 /Bielich EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: February 13, 2018 Attending Staff: Lauren Mikulak, Planning Manager Scott Cutler, Planning Technician Location of Meeting: Wheat Ridge Municipal Building Property Address: 4650 Wadsworth Boulevard Property Owner(s): ML Rentals, LLC Applicant: Luis Bielich Applicant Present? Yes Existing Zoning: Residential -Two (R-2) Existing Comp. Plan: Neighborhood Buffer / Primary Commercial Corridor Existing Site Conditions: The property is located on the east side of Wadsworth Boulevard, between W. 46th Avenue and W. 48th Avenue. The site is currently home to a duplex which was built in 1951, according to the Jefferson County Assessor. The lot is approximately 14,505 square feet. There is a parking area in the front of the duplex as well as additional space in the rear of the lot. The property is zoned Residential -Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46th Avenue, the Wadsworth corridor transitions to smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R -C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential -Three (R-3), and the property at the corner of W. 47th Avenue and Wadsworth is zoned Mixed -Use Neighborhood (MU -N); both properties contain residential uses. Applicant Preliminary Proposal: The applicant has proposed to rezone the site from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N). The zone change would allow for residential and/or commercial uses on the site as opposed to strictly residential uses, and allow for increased density on the site. In the future, the applicant wants to build a quadplex behind the existing duplex, increasing the total units on the site to 6. The building would be 3 stories with garages on the first floor. Each unit is proposed to have 3 bedrooms. Planning Commission 13 Case No. WZ-18-06 /Bielich The applicant bought the property in October 2014 and currently rents out both units. They intend to rent the additional units as well. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 6 residents from the neighborhood attended the meeting; see attached sign-up sheets. • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the rezoning process. • Staff discussed the site, its zoning and land use. • The applicant presented their proposal and answered further questions, with help from staff. • The members of the public were informed of their opportunity to make comments during the process and at the required public hearings. • The purpose of the meeting was to discuss the zone change, but most questions from neighbors related to the applicant's potential future plans to develop additional units. The following issues were discussed regarding the zone change request and proposed future development: • What are the setbacks for the current and proposed zoning? What will the buffer look like at the rear of the property? The Residential -Two (R-2) zone district requires 5 -foot per story side setbacks and 10 foot rear yard setbacks. Buildings must be set back 25 feet from public streets. The Mixed Use — Neighborhood (MU -N) zone district requires 15 -foot rear setbacks for 3 -story buildings, so the required setbacks would be larger than under current standards. Side setbacks could be 0 feet because the property abuts commercial uses to the north and south; however the applicant noted they wish to provide some side setback. The applicant noted the desire to have a large buffer at the rear of the property to provide yard space and bring the building closer to the front of the property. • What are the adjacent zone districts? Properties to the north and south are both zoned Restricted Commercial (RC) and properties to the east are zoned Residential -Two (R-2). Multifamily, commercial, and mixed-use zone districts are across Wadsworth Boulevard to the west. • How tall would the buildings be? Likely 30 feet (3 stories) because of fire restrictions for any buildings that are taller. Staff noted that the maximum height for residential buildings in MU -N is 35 feet. • How many bedrooms in each unit? Three • What direction would be building face? The front doors would face south onto a shared driveway. • A resident whose property borders the site to the east was concerned about fitting everything on a relatively small site. They were concerned about the number of new residents and associated cars and pets. They did not want a tall building infringing on their privacy. The applicant responded to these concerns stating the windows would be facing north and south and side windows could be elevated so that residents could not look into neighboring Planning Commission 14 Case No. WZ-18-06 / Bielich properties. They also noted the proposed buffer space between the building and the resident's property and pointed out the required 15 foot rear setback. • Who are you trying to attract to this development? Young professionals and families. • Do you currently own the property? Do you own other properties too? Yes, and current tenants are young professionals. The applicant also owns other properties in the Denver Metro area. • What is the square footage per unit? There are no plans yet because a zone change must be successful. The target square footage is 1,300 to 1,400 square feet; 3 -bedroom units with a home office. • How will parking be accommodated? Each unit will have a garage and there will be additional parking stalls available. The applicant noted they are targeting 8 spaces total, maybe more if they can be accommodated. They also plan to provide bike racks. • Will there be balconies facing the back of the property? No balconies are planned for now. The building will be oriented north -south. • A neighbor noted they want to see the property kept up better. There have been issues in the past with weeds and dogs. The applicant described when they purchased the property (2014) and described some of the investments they have made (fences, upkeep, hiring a maintenance crew, and front yard improvements). • Staff discussed the Wadsworth Boulevard widening project and potential timing of construction. The property would be affected by the widening and a right-of-way acquisition by the City will be required, shrinking the lot and bringing the existing building closer to the street. • What is the square footage of the lot? The lot is approximately 14,500 square feet, but will shrink when right-of-way is dedicated for the Wadsworth project. • Can there be a condition of approval for the MU -N zone change related to setbacks? Adding conditions to straight zone changes is rare because they become hard to track and administer in the future. The MU -N rear setback requirements are greater than under current zoning. • Can there be commercial uses on the property under MU -N? Yes. • Are parking requirements for commercial higher than residential? Staff noted the varying parking requirements for commercial uses. Residential uses require at least 1 parking space per unit, with a maximum of 2.5 Commercial parking requirements are based on the specific use. • Staff explained the process specific to the zone change. Site design is not a component of the zone change process. Planning Commission 15 Case No. WZ-18-06 /Bielich EXHIBIT 7: LETTER OF SUPPORT 4 -671. �,Iel ,Jolj 161A 6? o:-,, hvve- IiVe J 6-,1 /5 ve J. T(7 qr- leioe' cvS 7 -r1 -"G- lit oil t mum& Planning Commission 16 Case No. WZ-18-06IBielich 1. 2. 3. 4. 5. 6. City of r4000rWh6atPLdge PLANNING COMMISSION Minutes of Meeting Apri15, 2018 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:0lp.m. in the City Council Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Emery Dorsey Daniel Larson Janet Leo Scott Ohm Richard Peterson Amanda Weaver (arrived at 7:04) Alan Bucknam Vivian Vos Meredith Reckert, Senior Planner Zack Wallace Mendez, Planner II Scott Cutler, Planner I Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 5-0. APPROVAL OF MINUTES — March 15, 2018 It was moved by Commissioner LEO and seconded by Commissioner DORSEY to approve the minutes of March 15, 2018, as amended. Motion carried 3-0-2 with Commissioners Larson and Peterson abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes April 5, 2018 ATTACHMENT 3 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-18-07: an application filed by Francesca Chrisp for approval of a zone change from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 11221 West 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 PETERSON asked about the zoning code in section 26-112, private zoning under applicability. He mentioned it talks about changing the zoning on a parcel from one zone classification to another zone classification on land of 1 acre or less. He wanted clarification if this property should include two zone changes not one. Ms. Reckert explained that split zoning is frequently seen in the City which we inherited from Jefferson County in 1969 when the City incorporated. She clarified that if a parcel is over one acre in size then a zone change must be to a planned unit development unless it is changed to one of the City's mixed use zone districts. Commissioner WEAVER asked if this property will require a plan once the zoning has been changed. Mr. Wallace Mendez confirmed that if any redevelopment is proposed on the property, there will have to be a site plan approval. It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to recommend APPROVAL of Case No. WZ-18-07, a request for approval of a zone change from Agricultural -One (A-1) and Commercial -One (C-1) to Mixed Use -Neighborhood (MU -N) for property located at 11221 West 441h 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 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. Planning Commission Minutes -2— April 5, 2— Apri15, 2018 5. The criteria used to evaluate a zone change support the request. Motion carries 6-0. B. Case No. WZ-18-06: an application filed by Luis Bielich for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. Mr. Cutler gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner Peterson wanted clarification about section 26-112 regarding the Mixed Use -Commercial (MU -C) and Mixed Use -Neighborhood (MU -N) zone districts. Since Wadsworth is more commercial he asked if MU -C would be a better fit than MU -N. Mr. Wallace Mendez explained that further south on the Wadsworth corridor there is a large portion zoned MU -C, but given the surrounding land uses in this area being residential, the MU -N permits less intense uses and acts as a better buffer than the MU -C zone district. Mr. Wallace Mendez also said that MU -N is more context sensitive and is a good transition to the existing adjacent residential uses to the east. Mr. Cutler added that in the MU -C zone district the building heights are permitted to be taller than building heights in the MU -N zone district. Dan Grant, resident 4645 Webster Street, Wheat Ridge Mr. Grant feels the property owners are being greedy and is concerned if a fourplex is constructed on the site, there will be more people and vehicles on the property. He is also concerned about the height of the building because future residents would be able to look into his backyard. His final concern is that Code Enforcement has been called on this property numerous times and he wants to make sure the property is going to be maintained. Joann Warner, resident 4635 Webster Street, Wheat Ridge Ms. Warner feels this is too much growth for this property and thinks it should be commercial zoning. Planning Commission Minutes .3— April 3— Apri1 5, 2018 Commissioner OHM closed the citizen's forum and asked staff to respond to several of the public comments. • Is there a site plan in place? Mr. Cutler confirmed there is no site plan at this time. He explained that the development will go through a site plan review and the site will be brought into compliance. He added that if the building is 3 stories in height then the setback would be increased to 15 feet. Mr. Wallace Mendez added that the setback will be required to be landscaped. • Commissioner WEAVER asked if there is any way that staff can address the total amount of potential people and parking on the property. Mr. Wallace Mendez said in the MU -N zone district a maximum of 21 dwelling units per acre is allowed. Additionally, the City Code permits one family per dwelling, and the definition of family includes persons related by blood, marriage, adoption, or legal custody. During site plan review staff will make sure that the permitted density is not exceeded. Staff will also make sure there is adequate parking available per the minimum parking requirements in the Code. It was moved by Commissioner DORSEY and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard 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 Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion Carries 6-0. 8. OLD BUSINESS Planning Commission Minutes -4— April 4— April 5, 2018 9. NEW BUSINESS Mr. Wallace Mendez introduced the two new Commissioners on the dais, Commissioners Peterson and Larson, and mentioned the vote for Chair and Vice Chair will take place at the next meeting, which will be in May because there is no case to hear on April 19. He also mentioned that Ms. Mikulak had her baby in March and all are doing well. Ms. Reckert added that there will be future training now that Planning Commission is fully represented. There is no specific date at this point. . 10. ADJOURNMENT It was moved by Commissioner WEAVER and seconded by Commissioner DORSEY to adjourn the meeting at 7:49 p.m. Motion carried 6-0. Sca Ohm, Chair Tammy Odean-,:ecording Secretary Planning Commission Minutes -5— April 5— April 5, 2018 t U s L N E z o :D 4- O 2i � N O c� O U Q L O ~ N— •bn �O z Co N > cn :D 0 O C CL x Q •- W V z�� 1S 3 0 NVA low JwL 1S•b31S83M- - •�• WL ui 40 If e y or - -= -- !OA1- H1aOMSodM _ I 4—J V) Q) E O L N Q) x Q N a) E O Ln E O _N 0- u U i7i O v N E fa N CO U L Qi E � O V'1 � Q l.ri o m Ln Ln m Q� N N =3 = N � aA x N. O O O O Ln O r--1 r -q m 0 t 0 a@ z 00 O N M LL X Al m LM a� �V c� Ln (a 0 U N DC Q) L 0 a -J 07 L Q) O U > i U � O � ca }, _L ca }; O cn W.7 O +-+ U i _0 4-1 � .Ln > �Ln ro O > U N .Ln 75 40A Q CO E i -C O u 0 O 0 N U ` N 5 I r 0 tv ` Wheat i e ITEM NO: u DATE: April 23, 2018 Gt%? SGS, REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2018 - AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4650 WADSWORTH BOULEVARD FROM RESIDENTIAL -TWO (R- 2) TO MIXED USE -NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-06BIELICH) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (04/23/2018) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (05/14/2018) ❑ RESOLUTIONS QUASI-JUDICIAL: ® YES ❑ NO Community Developinent Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. The proposed rezoning area includes one parcel, the total size of which is approximately one-third of an acre. PRIOR ACTION: Planning Commission heard the request at a public hearing on April 5, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $825 were collected for the review and processing of Case No. WZ-18-06. Council Action Form — Rezoning Property at 4650 Wadsworth Boulevard April 23, 2018 Page 2 BACKGROUND: The subject property is located at 4650 Wadsworth Boulevard. The property is approximately a third of an acre in size and located on the east side of Wadsworth Boulevard, between W. 46h Avenue and W. 48th Avenue. Currently the property contains one structure, a duplex. The duplex was built in 1951, per the Jefferson County Assessor. There is a parking area in the front of the duplex as well as additional space in the rear of the lot, which is currently gated. Surrounding Land Uses The property is currently zoned Residential -Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46h Avenue, the Wadsworth corridor transitions to smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R -C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential -Three (R-3), and the property at the corner of W. 47a` Avenue and Wadsworth is zoned Mixed -Use Neighborhood (MU -N); both properties contain residential uses. Current and Proposed Zoning The property is currently zoned Residential -Two (R-2). This zone district allows single-family homes, duplexes, and associated home occupations. The applicant is requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. Council Action Form — Rezoning Property at 4650 Wadsworth Boulevard April 23, 2018 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2018 an ordinance approving the rezoning of property located at 4650 Wadsworth Boulevard from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) on first reading, order it published, public hearing set for Monday, May 14, 2018 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Scott Cutler, Planner I Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2018 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 11 ORDINANCE NO. Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4650 WADSWORTH BOULEVARD FROM RESIDENTIAL -TWO (R-2) TO MIXED USE - NEIGHBORHOOD (MU -N) (CASE NO. WZ-18-06 / BIELICH) 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, Luis Bielich has submitted a land use application for approval of a zone change to the Mixed Use -Neighborhood (MU -N) zone district for property located at 4650 Wadsworth Boulevard; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses and reinvestment along Wadsworth Boulevard by virtue of it being designated a primary commercial corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 5, 2018 and voted to recommend approval of rezoning the property to Mixed - Use -Neighborhood (MU -N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Luis Bielich for approval of a zone change ordinance from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A parcel of land situated, lying and being in the County of Jefferson, State of Colorado, described as follows, to wit: LOT 5, BLOCK 1, CLEAR CREEK VISTA, EXCEPT THE WEST 10 FEET OF SUBJECT PROPERTY AS CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY THE STATE OF COLORADO IN DEED RECORDED MAY 13, 1959 IN BOOK 1193 AT PAGE 189, 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. ATTACHMENT 1 Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 23rd day of April, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, May 14, 2018 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2018. SIGNED by the Mayor on this day of , 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald Dahl, City Attorney 1St publication: 2nd publication: Wheat Ridge Transcript: Effective Date: 5. The criteria used to evaluate a zone change support the request. Motion carries 6-0. FB. Case No. WZ-18-06: an application filed by Luis Bielich for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. Mr. Cutler gave a short presentation regarding the zone change and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner Peterson wanted clarification about section 26-112 regarding the Mixed Use -Commercial (MU -C) and Mixed Use -Neighborhood (MU -N) zone districts. Since Wadsworth is more commercial he asked if MU -C would be a better fit than MU -N. Mr. Wallace Mendez explained that further south on the Wadsworth corridor there is a large portion zoned MU -C, but given the surrounding land uses in this area being residential, the MU -N permits less intense uses and acts as a better buffer than the MU -C zone district. Mr. Wallace Mendez also said that MU -N is more context sensitive and is a good transition to the existing adjacent residential uses to the east. Mr. Cutler added that in the MU -C zone district the building heights are permitted to be taller than building heights in the MU -N zone district. Dan Grant, resident 4645 Webster Street, Wheat Ridge Mr. Grant feels the property owners are being greedy and is concerned if a fourplex is constructed on the site, there will be more people and vehicles on the property. He is also concerned about the height of the building because future residents would be able to look into his backyard. His final concern is that Code Enforcement has been called on this property numerous times and he wants to make sure the property is going to be maintained. Joann Warner, resident 4635 Webster Street, Wheat Ridge Ms. Warner feels this is too much growth for this property and thinks it should be commercial zoning. Planning Commission Minutes -3— April 3— April 5, 2018 Commissioner OHM closed the citizen's forum and asked staff to respond to several of the public comments. • Is there a site plan in place? Mr. Cutler confirmed there is no site plan at this time. He explained that the development will go through a site plan review and the site will be brought into compliance. He added that if the building is 3 stories in height then the setback would be increased to 15 feet. Mr. Wallace Mendez added that the setback will be required to be landscaped. • Commissioner WEAVER asked if there is any way that staff can address the total amount of potential people and parking on the property. Mr. Wallace Mendez said in the MU -N zone district a maximum of 21 dwelling units per acre is allowed. Additionally, the City Code permits one family per dwelling, and the definition of family includes persons related by blood, marriage, adoption, or legal custody. During site plan review staff will make sure that the permitted density is not exceeded. Staff will also make sure there is adequate parking available per the minimum parking requirements in the Code. It was moved by Commissioner DORSEY and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard 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 Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request. Motion Carries 6-0. 8. OLD BUSINESS Planning Commission Minutes -4— April 4— April 5, 2018 City of ��7�TheatIidge TO CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Planning Commission MEETING DATE: April 5, 2018 Scott Cutler WZ-18-06 / Bielich Approval of a zone change from Residential -Two (R-2) to Mixed Use - Neighborhood (MU -N). LOCATION OF REQUEST: 4650 Wadsworth Boulevard APPLICANT (S): Luis Bielich OWNER (S): ML Rentals LTD (Luis Bielich and Mike Nguyen) APPROXIMATE AREA: 14,505 square feet (0.33 acres) PRESENT ZONING: Residential -Two (R-2) i COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map ittNTAVE—, 1:- 1& r art` f• r t - "' c� ' Planning Commission 1 Case No. W7-18-06 /Bielich Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of the property at 4650 Wadsworth Boulevard are requesting approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N). The zone change will allow the property to be used for residential or commercial uses, as well as a mix of residential and commercial uses (mixed-use or live/work). II. EXISTING CONDITIONS The subject property is located at 4650 Wadsworth Boulevard. The property is approximately a third of an acre in size and located on the east side of Wadsworth Boulevard, between W. 46th Avenue and W. 48th Avenue. Currently the property contains one structure, a duplex (Exhibit 1, Aerial). The duplex was built in 1951, per the Jefferson County Assessor. There is a parking area in the front of the duplex as well as additional space in the rear of the lot, which is currently gated. The property is zoned Residential -Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46th Avenue, the Wadsworth corridor transitions to smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R -C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential -Three (R-3), and the property at the corner of W. 47th Avenue and Wadsworth is zoned Mixed -Use Neighborhood (MU -N); both properties contain residential uses (Exhibit 2, Zoning Map). III. PROPOSED ZONING The applicants are requesting the property be rezoned to Mixed Use -Neighborhood, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood -serving commercial and retail uses. The property is currently zoned Residential -Two (R-2). This zone district was established to provide high quality, safe, quiet, and stable low to moderate -density residential neighborhoods. The applicant intends to rezone the property in order to potentially redevelop the rear portion of the property for residential use. However, no plans have been submitted, and any redevelopment of the property would require a Site Plan review which is a separate application process. The applicant has stated they believe the zone change would bring the property into conformance with the surrounding zoning designations, since most properties are zoned for mixed-use or commercial uses (Exhibit 3, Applicant Letter). The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. In terms of permitted uses, MU -N allows commercial uses whereas the R-2 zone does not (with the exception of approved home occupations). In terms of Planning Commission Case No. WZ-18-06I Bielich residential uses, MU -N is more flexible because the R-2 zone district only allows single-family homes and duplexes. The MU -N zone district could allow approximately 6 residential units on the property, or 4 new dwelling units if taking into account the existing duplex, shown in Exhibit 4, Site Photos. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to expand residential uses on the property. They could also incorporate neighborhood -serving commercial uses, which are currently prohibited on the property but permitted on the properties zoned RC to the north and south. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU -N zone district is more appropriate than R-2 in terms of allowed land uses and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). The MU -N zoning is expected to add value to the subject property. The mixed use development standards will support compatibility between future redevelopment and existing land uses. In addition, any MU -N building containing residential is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. The design standards for MU -N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Planning Commission Case No. WZ-18-06 /Bielich CURRENT ZONING PROPOSED ZONING Residential -Two (R-2) Mixed Use -Neighborhood (MU -N) Allows single-family homes and Allows residential, commercial or mixed Uses duplexes, and associated home use — includes multi -family and live/work occupations facilities Mixed -Use standards apply, including high Architectural Standards None quality architecture, standards related to articulation, variation and materials. Max. Building Height 35' 35' if the building has residential use 50' for all other uses Max. Lot coverage 40% 90% for mixed use85% for single use Min. Landscaping 25% of lot at 100% of front yard 10°% for mixed use (exclusive of drivewayand sidewalk) 15% for single use Build -to Area 0-20' along front property line (property 0-12' along front property line is in Contemporary Overlay district Setbacks East (rear): 10' (1-2 story building) or 15' East (rear): 10' (3 -story building) North & South (side): 5' per story North & South (side): 0' (since the property abuts commercial uses) IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The MU -N zone district would allow the property owner to expand residential uses on the property. They could also incorporate neighborhood -serving commercial uses, which are currently prohibited on the property but permitted on the properties zoned RC to the north and south. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU -N zone district is more appropriate than R-2 in terms of allowed land uses and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. Based on the small size of the property, many of the more intensive permitted uses in MU -N zone district are unrealistic (such as large apartment buildings or intensive commercial uses). The MU -N zoning is expected to add value to the subject property. The mixed use development standards will support compatibility between future redevelopment and existing land uses. In addition, any MU -N building containing residential is limited to 35 feet in height. Commercially -zoned properties (RC, C-1, and NC) may contain buildings up to 50 feet in height. The design standards for MU -N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Planning Commission Case No. WZ-18-06 /Bielich Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A Site Plan review and building permits will be required for any new construction on the site, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one(1),of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Wadsworth Boulevard is a primary north -south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City's 2009 comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 4, Comprehensive Plan). This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City's mixed-use goals for this corridor. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current R-2 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Planning Commission 4 Case No. WZ-18-06 / Bielich Commercial development along the Wadsworth Boulevard corridor continues to intensify. Staff believes low-density residential zoning along the Wadsworth corridor does not reflect the reality of Wadsworth as a major regional arterial. Based on recent intensification of land uses along Wadsworth, both residential and commercial, Staff concludes that there are changed conditions which make this property undesirable to be limited to low-density residential use. Staff concludes that this criterion has been met. 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. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on February 13, 2018. Six members of the public attended the meeting in addition to the applicant and staff. In general, most of the attendees were supportive of the request. However, some concerns were raised by a neighbor over rear setbacks, increased density, and privacy; these concerns and the discussion from the meeting are summarized in the meeting summary (Exhibit 6, Neighborhood Meeting Notes). One letter of support was received prior to the neighborhood meeting (Exhibit 7, Letter of Support). As of the date of distribution of this staff report, March 30, 2018, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Wheat Ridge Building Division: No comments. West Metro Fire Protection District: No concerns. Future site plans are subject to review by West Metro. Xcel Energy: No concerns. Century Link: No concerns. Planning Commission Case No. WZ-18-06 / Bielich Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments. Colorado Department of Transportation: No comments. 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 primary commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-18-06. VIII. SUGGESTED MOTIONS Option A• "I move to recommend APPROVAL of Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard, 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 Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request." Option B• "I move to recommend DENIAL of Case No. WZ-18-06, a request for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard, for the following reasons: 1. 2. » Planning Commission Case No. WZ-18-06 IBielich EXHIBIT 1: AERIAL Wheat f Wge Geographic ` Information Systems Legend Subject Propertyj-- �w F 47TH AVE r. v 177% Val j LLI rx r. N•gr r � J 1 - e l' - m 46TH AVE- t 41 State Plane Coordinate Projection N Colorado Central Zone r 1. Datum: NAD83 d.� = „• w C� r r � _ Planning Commission 7 Case No. WZ-18-06 /Bielich EXHIBIT 2: ZONING MAP Planning Commission Case No. WZ-18-06 /Bielich S '1 y 3 r State Pt— Coordinate ProiftWn N Cobra& Central Zeno A D., NAD83 N s :� City u! W heat R�gge . t�U Geographic Information Systems ;• . '� ter: v r Legend QSubject Property Residential -Two (R-2) Residential -Three (R-3) L Mixed Use Neighborhood (MU -N) Restricted Commercial (RC) Neighborhood Commercial (NC) Commercial -One (C-1) Planned Commercial Planning Commission Case No. WZ-18-06 /Bielich S '1 y 3 r State Pt— Coordinate ProiftWn N Cobra& Central Zeno A D., NAD83 N s . t�U =r-{ , Planning Commission Case No. WZ-18-06 /Bielich S '1 y 3 r State Pt— Coordinate ProiftWn N Cobra& Central Zeno A D., NAD83 N s EXHIBIT 3: APPLICANT LETTER MLr-7 1, . 3161 Johnson Ln Erie, CO 80516 MLRentals.colorado@gmail.com (720) 507-1657 ML Rentals is proposing to rezone the property located at 4650 Wadsworth Blvd from R2 to MU - N. The zone change promotes the health, safety, and general welfare of the community as it would enable further development in the backyard which is currently undeveloped and it is prone to dumping or collection of trash. This is especially true once the streets are widened and the sidewalk is located closer to the fence to the backyard. The infrastructure and facilities nearby already serve commercially zoned properties to our next door neighbors. Since our surroundings are already zoned as commercial, we believe that rezoning the property as MU -N would bring the property into conformance with the City of Wheat Ridge comprehensive plan goals, objective and policies and other city -approved policies or plans for the area. Best Regards, Luis Bielich & Mike Nguyen ML Rentals Planning Commission Case No. WZ-18-061 Bielich EXHIBIT 4: COMPREHENSIVE PLAN Subject Property Parks and Open Space Neighborhoods see Chapter 3 Criteria for differerent Neighborhood types XH N Primary Gateway Primary Commercial (Intersection of Corridor Wadsworth & I-70) (Wadsworth Boulevard) Planning Commission 10 Case No. WZ-18-06 /Bielich EXHIBIT 5: SITE PHOTOS View of the subject property looking east across Wadsworth Boulevard. The existing duplex is in the middle of the photo, and the front yard landscaping box can be seen as well. The properties to the left and right of the subject property are zoned Restricted Commercial and contain commercial uses. Planning Commission 11 Case No. WZ-18-06 / Bielich Oli The subject property from Wadsworth Boulevard showing the front/side yard and the neighboring commercial properties. There is access to the large rear yard through the gate on the right. (Source: Google Street View, May 2017) Planning Commission 12 Case No, WZ-18-06IBielich EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: February 13, 2018 Attending Staff: Lauren Mikulak, Planning Manager Scott Cutler, Planning Technician Location of Meeting: Wheat Ridge Municipal Building Property Address: 4650 Wadsworth Boulevard Property Owner(s): ML Rentals, LLC Applicant: Luis Bielich Applicant Present? Yes Existing Zoning: Residential -Two (R-2) Existing Comp. Plan: Neighborhood Buffer / Primary Commercial Corridor Existing Site Conditions: The property is located on the east side of Wadsworth Boulevard, between W. 46th Avenue and W. 481h Avenue. The site is currently home to a duplex which was built in 1951, according to the Jefferson County Assessor. The lot is approximately 14,505 square feet. There is a parking area in the front of the duplex as well as additional space in the rear of the lot. The property is zoned Residential -Two (R-2). Surrounding properties include a variety of commercial and residential uses. Properties along Wadsworth Boulevard are primarily commercial in nature, though north of W. 46th Avenue, the Wadsworth corridor transitions to smaller lots and more residential uses. Properties to the east are zoned R-2 and contain mostly single-family homes, with some duplexes. This same condition applies to the properties beyond Wadsworth Boulevard to the west. Properties to the north and south are zoned Restricted Commercial (R -C) and contain light commercial uses. The property across Wadsworth to the west is zoned Residential -Three (R-3), and the property at the corner of W. 47th Avenue and Wadsworth is zoned Mixed -Use Neighborhood (MU -N); both properties contain residential uses. Applicant Preliminary Proposal: The applicant has proposed to rezone the site from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N). The zone change would allow for residential and/or commercial uses on the site as opposed to strictly residential uses, and allow for increased density on the site. In the future, the applicant wants to build a quadplex behind the existing duplex, increasing the total units on the site to 6. The building would be 3 stories with garages on the first floor. Each unit is proposed to have 3 bedrooms. Planning Commission 13 Case No. WZ-18-06 /Bielich The applicant bought the property in October 2014 and currently rents out both units. They intend to rent the additional units as well. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 6 residents from the neighborhood attended the meeting; see attached sign-up sheets. • Staff explained the purpose of the neighborhood meeting, and informed the members of the public of the rezoning process. • Staff discussed the site, its zoning and land use. • The applicant presented their proposal and answered further questions, with help from staff. • The members of the public were informed of their opportunity to make comments during the process and at the required public hearings. • The purpose of the meeting was to discuss the zone change, but most questions from neighbors related to the applicant's potential future plans to develop additional units. The following issues were discussed regarding the zone change request and proposed future development: • What are the setbacks for the current and proposed zoning? What will the buffer look like at the rear of the property? The Residential -Two (R-2) zone district requires 5 -foot per story side setbacks and 10 foot rear yard setbacks. Buildings must be set back 25 feet from public streets. The Mixed Use — Neighborhood (MU -N) zone district requires 15 foot rear setbacks for 3 -story buildings, so the required setbacks would be larger than under current standards. Side setbacks could be 0 feet because the property abuts commercial uses to the north and south; however the applicant noted they wish to provide some side setback. The applicant noted the desire to have a large buffer at the rear of the property to provide yard space and bring the building closer to the front of the property. • What are the adjacent zone districts? Properties to the north and south are both zoned Restricted Commercial (RC) and properties to the east are zoned Residential -Two (R-2). Multifamily, commercial, and mixed-use zone districts are across Wadsworth Boulevard to the west. • How tall would the buildings be? Likely 30 feet (3 stories) because of fire restrictions for any buildings that are taller. Staff noted that the maximum height for residential buildings in MU -N is 35 feet. • How many bedrooms in each unit? Three • What direction would be building face? The front doors would face south onto a shared driveway. • A resident whose property borders the site to the east was concerned about fitting everything on a relatively small site. They were concerned about the number of new residents and associated cars and pets. They did not want a tall building infringing on their privacy. The applicant responded to these concerns stating the windows would be facing north and south and side windows could be elevated so that residents could not look into neighboring Planning Commission 14 Case No. WZ-18-06 /Bielich properties. They also noted the proposed buffer space between the building and the resident's property and pointed out the required 15 foot rear setback. • Who are you trying to attract to this development? Young professionals and families. • Do you currently own the property? Do you own other properties too? Yes, and current tenants are young professionals. The applicant also owns other properties in the Denver Metro area. • What is the square footage per unit? There are no plans yet because a zone change must be successful. The target square footage is 1,300 to 1,400 square feet; 3 -bedroom units with a home office. • How will parking be accommodated? Each unit will have a garage and there will be additional parking stalls available. The applicant noted they are targeting 8 spaces total, maybe more if they can be accommodated. They also plan to provide bike racks. • Will there be balconies facing the back of the property? No balconies are planned for now. The building will be oriented north -south. • A neighbor noted they want to see the property kept up better. There have been issues in the past with weeds and dogs. The applicant described when they purchased the property (2014) and described some of the investments they have made (fences, upkeep, hiring a maintenance crew, and front yard improvements). • Staff discussed the Wadsworth Boulevard widening project and potential timing of construction. The property would be affected by the widening and a right-of-way acquisition by the City will be required, shrinking the lot and bringing the existing building closer to the street. • What is the square footage of the lot? The lot is approximately 14,500 square feet, but will shrink when right-of-way is dedicated for the Wadsworth project. • Can there be a condition of approval for the MU -N zone change related to setbacks? Adding conditions to straight zone changes is rare because they become hard to track and administer in the future. The MU -N rear setback requirements are greater than under current zoning. • Can there be commercial uses on the property under MU -N? Yes. • Are parking requirements for commercial higher than residential? Staff noted the varying parking requirements for commercial uses. Residential uses require at least 1 parking space per unit, with a maximum of 2.5 Commercial parking requirements are based on the specific use. • Staff explained the process specific to the zone change. Site design is not a component of the zone change process. Planning Commission 15 Case No. WZ-18-06 / Bielich EXHIBIT 7: LETTER OF SUPPORT r � rr rrr ►r r r r � rrr► 7�ao rr L ). 5L7' --Ave 117 e- e;G0 „ klA,f Pr v e- f i v e -I e-rr '79 e Loi nom/ � GUe� �7 � �► Ave,iv� W1,1, &1-1,9,-79 6111y a/.m�s7` oZ� c/Pvr $ . Very r! e�/c✓ J rc zo.� i r f� /1'1 � xc-A/ GI�� - �e i lib�.'Gi.�� r r r� r jjj. 16 J1 11 to 44141*a cru Planning Commission Case No. WZ-18-06 / Bielich 16 POSTING CERTIFICATION CASE NO. WZ-18-06 CITY COUNCIL HEARING DATE: May 14, 2018 I, Bch (name) City Of Wheat�dge residing at 3/(t J a h n s,,^ n, r e_ C,'J `5 U (address) as the applicant for Case No Public Hearing at WZ-18-06 hereby certify that I have posted the Notice of 4650 Wadsworth Boulevard (location) on this day of /'� w 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. �of Wheat -Midge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the deadline for written comments [sign must be in place until 5pm on May 14, 2018] It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION April 5, 2018 Case No. WZ-18-06: An application filed by Luis Bielich for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. (Please print) Name Address In Favor/Opposed City of f ` W heat P,,d 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)) March 22, 2018 Dear Property Owner / Current Resident: This is to inform you of Case No. WZ-18-06 an application filed by Luis Bielich for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Planning Commission April 5, 2018 (& 7:00 p.m., City Council May 14, 2018 (& 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. If you 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 E 0758D 04800 ` 046 04670 04665 - 0 044) 6 9465 y : 04V0 — — iu 04650 046451 m 0460 ui ;s 040 0 0,162530 PF R : 4 ,.i 0461 46TH j 47TH AVE 07630 e 5 ;. 04643 _ i r i r"! i i E 0758D 04800 ` 046 04670 04665 - 0 044) 6 9465 y : 04V0 — — iu 04650 046451 m 0460 ui ;s 040 0 0,162530 PF R : 4 ,.i 0461 46TH j 4620 WADSWORTH BLVD LLC ARIEL CLINICAL SERVICES BARRETT RICHARD W 05141 W 78TH AVE B 02938 NORTH AVE G 04701 WADSWORTH BLVD WESTMINSTER CO 80030 GRAND JUNCTION CO 81504 WHEAT RIDGE CO 80033 END OF THE LINE LLC MORGAN KALANDA BUSINESS SERVICE SYSTEMS INC CLABAUGH MARY ANN FLYNN 04640 WADSWORTH BLVD 04665 WEBSTER ST 04038 W GREENSPIRE DR WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MERIDIAN ID 83646 EUDALY BRETT C EUDALY STEPHANIE L FRANCO LAURA A FRATINI MICHAEL V 04660 WEBSTER ST 04645 VANCE ST 07620 W 47TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 GLAZAR MARY ANNE GORDON MARTHA GOMEZ VARGAS GRANT DANIEL E JR 04670 WADSWORTH BLVD PO BOX 1417 04645 WEBSTER ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80034 WHEAT RIDGE CO 80033 KB PICO RIVERA LLC LACKEY BONNIE G LYDICK MERLE H LYDICK MARTHA L 00433 W CAMDEN 1070 04675 WEBSTER ST 04635 VANCE ST BEVERLY HILLS CA 90210 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MALDONANDO MARIO GALVAN MC COLLOM MARTA L MITCHELL ROBERT B 01127 W 14TH AVE 04630 WEBSTER ST 07650 W 47TH AVE DENVER CO 80204 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ML RENTALS LTD NELSON RYAN P ORR RYAN GREGORY 3161 JOHNSON LN 07580 W 47TH AVE 04685 WEBSTER ST ERIE CO 80516 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 POWELL DIANA L POWERS JAMEY W POWERS HOLLY Y QUINTANA ADRIAN H RIVAS JIM J JR 04680 WEBSTER ST 04640 WEBSTER ST 04685 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 RECOVERY FOUNDATION INC THE ROGERS THOMAS W ROMAN NANCY A PO BOX 21316 04625 WEBSTER ST 04655 WEBSTER ST DENVER CO 80221 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ROMEX LLC SANCHEZ FRANCES J SCHNECKENBURGER CHAD A 03230 ARBUTUS ST 04655 VANCE ST 07481 W 46TH AVE GOLDEN CO 80401 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 SERRACINO ANTONIO SNOWHAUS LLC TODD MADISON C TODD ANNE E 04670 WEBSTER ST 12460 N 3RD ST 07630 W 47TH AVE WHEAT RIDGE CO 80033 PARKER CO 80134 WHEAT RIDGE CO 80033 WADSWORTH PLAZA LLC WARNER JOANN WARNER SUZANNE M 00460 PEPPER AVE 04635 WEBSTER ST 04650 WEBSTER ST HILLSBOROUGH CA 94010 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 433 S. Allison Parkway Lakewood, CO 80226 Bus: (303) 989-4307 Fax: (303) 989-6725 www.westmetrofire.org West Metro Fire Protection District March 7, 2018 Scott Cutler 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2849 Fax: 303-234-2849 scutler ,ci.wheatrid eg co.us Re: Case No. WZ-18-06 (4650 Wadsworth Boulevard) Dear Mr. Cutler, 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 comment regarding the proposed rezoning. Access to addition units must meet the fire code requirements where all exterior portions of the building are within 150' of the street or a fire truck accessible lane. Permits are required from the fire district for 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: bkralAwestmetrofire.or�. Respectfully, Bruce Kral Fire Marshal "Whatever It Takes "... To Serve XceiEnergysm PUBLIC SERVICE COMPANY March 2, 2018 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Scott Cutler Re: Bielich, Case # WZ-18-06 Public Service Company of Colorado's (PSCo) Right of Way has reviewed the request for the Bielich Rezone. Please be existing electric distribution facilities within the areas indicated Public Service Company has no objection to this proposed Public Service Company of Colorado's ability to maintain all amendment should not hinder our ability for future expansion, Right of Way & Permits 1123 West 3'd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.1.george@xcelenergy.com & Permits Referral Desk advised that PSCo has in this proposed rezone. rezone, contingent upon existing rights and this including all present and any future accommodations for natural gas transmission and electric transmission related facilities. As the project progresses, the property owner/developer/contractor must complete the application process for any new natural gas or electric service, or modification to existing facilities via FastApp-Fax-Email-USPS (go to: https://www.xcelenergy.com/start, stop, transfer/new construction service activation for builders). It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. If you have any questions about this referral response, please contact me at (303) 571- 3306. Donna George Right of Way and Permits Public Service Company of Colorado City of W heat f- MUNITY DFVFl(-)PMFN�l Ldge City of Wheat Ridge Municipal Building 7500 W. 291h Ave. March 12, 2018 Luis Bielich 3161 Johnson Lane Erie, CO 80516 Mr. Bielich: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regards to your application for approval of a zone change from Residential -Two (R-2) to Mixed Use -Neighborhood (MU -N) for property located at 4650 Wadsworth Boulevard. Planning staff have no objections regarding this request and will be recommending approval of the zone change. Commt-ntc The case is scheduled for a public hearing before Planning Commission on Thursday, April 5, 2018 at 7:00pm. You or a representative are required to attend the public hearing. A posting sign for the property is available for pick-up and must be placed on the property no later than Thursday, March 22. After the Planning Commission meeting, the zone change process includes a first reading and public hearing in front of City Council. Based on the standard schedule for a zone change, these City Council meeting dates would be Monday, April 23, 2018 for the first reading and Monday, May 14, 2018 for the public hearing. You will only need to attend the public hearing on May 14. The application was also sent on referral to other City departments and outside agencies. Attached are the comments that were received. Wheat Ridge Building Division: No comments. Wheat Ridge Public Works: No comments. West Metro Protection District: No concerns. Future site plans are subject to review by West Metro. See attached comments from Bruce Kral, dated March 7, 2018. Wheat Ridge Water District: No comments. Wheat Ridge Sanitation District: No comments. Xcel Energy: No concerns. See attached comments from Donna George, dated March 2, 2018. Comcast Cable: No comments. Century Link: No concerns. www.ci.wheatridge.co.us Colorado Department of Transportation: No comments. For questions or clarification on any comments, please feel free to directly contact me. Sincerely, Scott Cutler Planning Technician cc: KZ -18-06 case file Case No. WZ-18-06 / Bielich �'Y't W I�gc COMMUNITY 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: February 23, 2018 Response Due: March 9, 2018 The Wheat Ridge Community Development Department has received a request for approval of a zone change at 4650 Wadsworth Boulevard. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: WZ-18-06 / Bielich Request: The applicant is requesting approval of a zone change from Residential -Two (R-2) to Mixed Use — Neighborhood (MU -N). The subject property is located on the east side of Wadsworth Boulevard, between W. 46th and W. 48th Avenue. The site is currently home to a duplex which was built in 1951. The lot is approximately 14,505 square feet (0.33 acres). There is a parking area in front of the duplex as well as additional space in the rear of the lot. Rezoning to Mixed Use — Neighborhood would allow the property to be used commercially, residentially, or a mix of the two. The applicant has indicated a desire to add additional residential units if the zone change is approved. If redevelopment of any kind is proposed in the future after the zone change, the specifics of that development would be referred to you under separate cover in the future. 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: Scott Cutler Phone: 303.235.2849 Email: scutler@ci.wheatridge.co.us Fax: 303.235.2849 DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District West Metro Fire District Xcel Energy Comcast Cable Century Link Wheat Ridge Public Works Wheat Ridge Building Division Colorado Department of Transportation Vicinity Map PL JL Aid& Subject property wpr--- -- Owl finra4g55 am r7 04 215 r 174615 1 A N have— l v e J /t� c�i?'/G�/ S / ✓7 a7! S . c 0-1 f C/i r? (:ML 3161 Johnson Ln Erie, CO 80516 MLRentals.colorado@gmail.com (720) 507-1657 ML Rentals is proposing to rezone the property located at 4650 Wadsworth Blvd from R2 to MU -N. A rezone would result in building a modern 3 or 4 unit residential building providing residence to Wheat Ridge. This will also improve the value of the property as the backyard is primarily unused. A preliminary evaluation of the property has shown sufficient space to adhere to all requirements from the city of Wheat Ridge. Further analysis will be conducted after the rezone is completed from qualified engineers and architects for the site plan. The rezone will help update the character of the property with the proposed widening of Wadsworth with a newer look. The rezone will allow for more units to be built on the property; which the maximum has been calculated to 6 unit after the completion of the Wadsworth widening project. Best Regards, Luis Bielich & Mike Nguyen ML Rentals GG Q 48[24, agba 5:6 Gb ZONING g2±3RyGRe mD/ 2419£ AMOUNT t3Rk MANU b$: R: wG m ¥7£R § JI»a RENT Cka: 6 Q.@ I3w kkk EJ\ 2 feat Q& 222&3 ±R+ &cis 10HEyS mD/ GA182a® &(� %3266 Wa a [� eQa Ahow"i @A\@./ +a .W d,LiQ 6024 IQ% ---'-� NOTE: Land use applications must be submitted BY APPOINTMENT with a City of planner. Incomplete applications will not V`I heat D ie% be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant 15 �tL''l L Phone -720`5-07-Y-5-�Email mL2e,fuls.c��oca��a� „K�.l.c�. Address, City, State, Zip -fir P�'. e E f,�3 3)A i J,k,�s�,� Owner Address, City, State, Zip Phone Contact Phone Address, City, State, Zip Email 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):!v o IV, 1A t.," , 44 Blvd b J' / /a 4, CD SO -02-7 Type of action requested (check one or more of the actions listed below which pertain to your request): R Change of Zone or Zone Conditions 0 Special Use Permit O Subdivision — specify type: 0 Planned Development (ODP, SDP) O Conditional Use Permit 0 Administrative (up to 3 lots) O Planned Building Group 0 Site Plan 0 Minor (4 or 5 lots) 0 Temporary Use, Building, Sign 0 Concept Plan 0 Major (6 or more lots) 0 Variance/Waiver (from Section 26-) 0 Right of Way Vacation O Other: Detailed description of request: 92 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 beha4' y� — TAMARA D ODEAN Notarized Signature of Applicant_ State of Colorado } ss County of JpSgg_4�> _ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164015481 MY COMMISSION EXPIRES APRIL 22, The foregoing instrument (Land Use Processing Application) was acknowledged by me this �� day of 20�_ by Lk;5- a;el;'(-, My commission expires A l ,,U/2046 Notary Public To be filled out by staff: Date received 2. of I - V; Comp Plan Design. Related Case No. Assessor's Parcel No. 3q-a31'o� 02� Size (acres or sgft) 164 SOS Sc 1r Rev 1/2212016 Fee $ _ D a�j op (0o *XZ Case No. Receipt No. ��j�pd $ ��� C �Ot�,?� 1 Quarter Section Map AI8 23 _. Pre -App Mtg. Date Case Manager C, )-1 QJ– Current Zoning �ize 5 : J m,l. 7,ap z Current Use Proposed Zoning ^K p,) U Sm - �l)P'cl Proposed Use _—Tnn.. wr Frye CO �866-i6 C ity of W heat 1 is Ige COMMUNITY DEVELOPMENT Submittal Checklist: Zone Change (straight zone district) Project Name: 4-650 W ota&-,*/•tom Mu -N Pr2t.--e. Rev. 5/2014 Project Location: _ -17/t/715_0 Wnkl-1114 IRR") Application Contents: A zone change application is required for approval of a rezoning to any non -planned development (straight) zone district. The following items represent a complete zone change application: 1.Completed, notarized land use application form �J 2. Application fee U 3. Signed submittal checklist (this document) 74. Proof of ownership—e.g. deed T5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) V6. Mineral rights certification form :2:7. Approved legal description on the Current City Datum with proper section and PHAC ties per City Geodetic Requirements, in Microsoft Word format v/8. Certified boundary and improvement survey of the property9. Written request and description of the proposal 1 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, l hereby ensure that all of the above requirements have been included with this submittal. 1 fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, l understand that in the event any revisions need to be made after the second (2"d) full review, l will be subject to the applicable resubmittal fee. Signature: / Date: Name (please print): Lm( ; �3,'� (� C Phone: Community Development Department • (303) 235-2846 • www.ci.wheatridge.co.us 2014087737 10/16/2014 8:13 AM PGS 1 $11.00 DF $29.70 Electronically Recorded Jefferson County, CC Pam Anderson. Clerk and Recorder TD1000 Y WARRANTY DEED THIS DEED, Made this October 15, 2014 between KbM Rental Homes LLC, a Colorado limited liability company of the City and County of Jefferson, State of Colorado, grantor and ML Rentals Ltd, a Colorado limited liability company whose legal address is: 3963 W 1 18't' Place, Westminster, CO 80031 of the City and County of Jefferson, State of Colorado, grantee(s). WITNESSETH, That the grantor for and in consideration of the sum of TWO HUNDRED NINETY-SEVEN THOUSAND DOLLARS AND NO/100'S ($297,000.00), 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 City and County of Jefferson, and State of COLORADO, described as follows:: Lot 5, Block 1, Clear Creek Vista, Except the West 10 feet of subject property as conveyed to the Department of Highways of the State of Colorado in Deed recorded May 13, 1959 in Book 1193 at Page 189, County of Jefferson, State of Colorado also known by street and number as 4650 Wadsworth Blvd., Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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, 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, his heirs and assigns forever. And the grantor, 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, lie 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 soever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a (Title Review), of the contract dated September 12, 2014, between the parties. The grantor 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. SELLER: KbM c al nnes I, , „a Colorado limited liabi Wr , Miller, Chi f Ex cutivc nager of KbM 12ental Homes LLC, a Colorado limited liability company STATE OF COLORADO COUNTY OF Jefferson } SS. R AFa' 3i93240f i yg 799 v iY ,.Ei,' i �:,f l s t Es ,8/2a 16 The foregoing instrument was acknowledged bcforc me this October 15, 2014, by KbM Rental Homes LLC, a Colorado limited liability company by Kerry B. Miller, Chief Executive Manager of KbM Rental Homes LLC, a Colorado limited liability company Witness my Hand and Otlicial Seal My Commission expires: `�-• .-Piet City Of `� Wh6atI�idge 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 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. 1, L,5 U i �r'c �, as Pte,.(- �,, , r- of/with Ik � �� � 4,�,(� (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 /2-- �-Otl e , set for public hearing on (Describe type of application) 2018, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(l), 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. Isr'Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this day of ���w 20�, By: LOT 5, BLOCK 1, CLEAR CREEK VISTA, EXCEPT THE WEST 10 FEET OF SUBJECT PROERTY AS CONVEYED TO THE DEPARTMENT OF HIGHWAYS OF THE STATE OF COLORADO IN DEED RECORDED MAY 13, 1959 IN BOOK 1193 AT PAGE 189, COUNTY OF JEFFERSON, STATE OF COLORADO File No.: 110047873-008-JM8 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: Lot 5, Block 1, Clear Creek Vista, Except the West 10 feet of subject property as conveyed to the Department of Highways of the State of Colorado in Deed recorded May 13, 1959 in Book 1193 at Page 189, County of Jefferson, State of Colorado For informational purposes only: 4650 Wadsworth Blvd., Wheat Ridge, CO 80033 CM -2 (ALTA Commitment for Title Insurance (6-17-06) Page (WLTIC Edition 8/4/08) d WAoswogTN owevwao IE ^la �b I 6 ,as4 + im 75 rs s9 i e p aLo • iaa••r M+0 4630 4060 x{10 4{p0 45gp E • +newer W6•.wan.. 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The zone change promotes the health, safety, and general welfare of the community as it would enable further development in the backyard which is currently undeveloped and it is prone to dumping or collection of trash. This is especially true once the streets are widened and the sidewalk is located closer to the fence to the backyard. The infrastructure and facilities nearby already serve commercially zoned properties to our next door neighbors. Since our surroundings are already zoned as commercial, we believe that rezoning the property as MU -N would bring the property into conformance with the City of Wheat Ridge comprehensive plan goals, objective and policies and other city -approved policies or plans for the area. Best Regards, Luis Bielich & Mike Nguyen ML Rentals